Excerpt: ...0044[rkets LLC's demurrer to the complaint with twenty (20) days leave to amend. On March 12, 2019, Plaintiff filed a First Amended Complaint (FAC). Defendants SF Markets LLC and KCB RE, L.P. (collectively, “Defendants”) demurrer to the FAC on grounds it is uncertain and Plaintiff fails to state facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained o...

Excerpt: ...if there was a dangerous condition it had no notice of it; and if there was a dangerous condition, it is entitled to design immunity. II. FACTUAL BACKGROUND On November 1, 2016, Jeffrey Knopp (“Decedent”) was operating his bicycle eastbound in the number two lane of Foothill Boulevard immediately east of the intersection of Wentworth Street in Los Angeles. Decedent was struck by a vehicle driven by Willis. (Undisputed Material Fact “UMF” ...

Excerpt: ...he action was dismissed without prejudice. Plaintiff seeks to set aside dismissal on grounds of attorney fault. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made w...

Excerpt: ...ied responses, without objection, to Defendant's Set One of Form Interrogatories, Special Interrogatories, and Demand for Production, and to pay $705.00 in monetary sanctions, within twenty (20) days of the date of the Order. To date, Plaintiff has not served responses to Defendant's discovery requests and has not paid monetary sanctions. Defendant moves for terminating sanctions. Where a party fails to obey an order compelling answers to discove...

Excerpt: ...nistrator of the Estate of Thomas Potase (Doe 2) (“Cornell”) on February 28, 2019. Plaintiff alleges general negligence and premises liability arising out of injuries developed and sustained while Plaintiff resided at 1838 Wilton Place, which was owned and operated by Defendants. Cornell demurs to the FAC on grounds Plaintiff failed to file a proper creditor's claim against the Estate of Thomas Ahlborn Potase, the action is time-barred, and t...

Excerpt: ...d to be a small puddle of water in the water bottle aisle of the Vons store in Glendora, California. (Undisputed Material Fact “UMF” No. 1.) Vons store policy requires a recorded inspection and sweep of the sales floor at least once per hour. (UMF No. 3.) On the date of the incident, Vons employee Ryan McFate (“McFate”) completed a sweep at 1:41 p.m. (UMF No. 4.) Surveillance footage shows McFate carrying a broom and dust pan exiting aisl...

Excerpt: ...sidewalk on South Hamel Road in Los Angeles. Plaintiff alleges she tripped and fell on a raised part of the sidewalk in front of the property located at 439 South Hamel Road. (Undisputed Material Fact “UMF” No. 1.) Defendant Fisch is the owner of the property. (UMF No. 4.) II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine w...

Excerpt: ...mary judgment on grounds it owed no duty to warn of or correct the condition, as it was open and obvious, and the defect, if any, was trivial. II. FACTUAL BACKGROUND <00470003004b0048005500 0003004c005100030044[ parking stall east of the McDonald's parking lot marquee at 9309 Slauson Avenue in Pico Rivera, California. (Undisputed Material Fact “UMF” No. 1.) After exiting her vehicle, Plaintiff walked across a small area of grass and tripped i...

Excerpt: ...uments on Plaintiff. (Declaration of Jonathan A. Ross, ¶ 4.) Defendant granted two extensions on Plaintiff's responses. (Ross Decl., ¶¶ 4, 5.) However, Plaintiff did not provide responses by the January 24, 2019 extended deadline. (Ross Decl., ¶ 6.) Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pac...

Excerpt: ... Plaintiffs were ordered to serve responses to discovery and to pay monetary sanctions within twenty (20) days of the court's Order. Defendant moves for terminating sanctions based on Plaintiffs' failure to comply with the court's Order. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sancti...

Excerpt: ...UND Mike Kian (“Kian”) was the sole shareholder of Pars Publishing dba Grapheex Inc. (“Pars”). Pars owned two commercial printers and purchased a Hyster S80XM model industrial lift truck (“the Truck”) from Yellow Enterprises. On January 24, 2015, Kian was operating the Truck. Kian had been trained in lift truck operation by rental companies from whom he had previously rented lift trucks. At the time of the incident, one of the commerc...

Excerpt: ...er or Plaintiff's authorization to release records. (Declaration of Danielle M. Dourmer, ¶¶ 9, 10.) Defense counsel sought a signed release from Plaintiff, but Plaintiff's counsel stated he was unaware of any laws that required Plaintiff to execute such authorizations. (Dourmer Decl., ¶ 15.) Defendant moves to compel Plaintiff's authorization. The Court agrees it does not have express authority under the Discovery Act to compel a plaintiff to ...

Excerpt: ...ut-off had already passed, the court could not reopen discovery without stipulation or noticed motion. Plaintiff moves to reopen discovery. Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action. (Code Civ. Proc., § 2024.020, subd. (a)....

Excerpt: ...o an April 20, 2016 vehicle collision. On November 30, 2018, defense counsel had a Deposition Subpoena for Personal Appearance and Production of Documents personally served on Lakshman Makandura, M.D. (“Dr. Makandura”), noticing the Dr. Makandura's deposition for February 5, 2019. (Declaration <00130014001c000f000300 00460052005800510056[el's office contacted Dr. Makandura to confirm his deposition and to offer to conduct the deposition close...

Excerpt: ...for summary judgment. Plaintiff filed a notice of non-opposition. II. FACTUAL BACKGROUND On August 18, 2016, Plaintiff presented to Defendant seeking an examination of a bridge on teeth numbers 3, 4, and 5 that was placed by another dentist. (Undisputed Material Fact “UMF” No. 3.) Defendant performed an examination and review of the x-rays showed that the implant in tooth number 3 was floating in the maxillary sinus, and that the implant in t...

Excerpt: ...omobile accident. EAN and Enterprise (“Defendants”) demurrer to the complaint on grounds it fails to state facts sufficient to constitute a cause of action and is barred by the Graves Amendment. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “...

Excerpt: ...en's motion to compel Plaintiff's discovery responses and imposing monetary sanctions. On July 11, 2018, defense counsel sent an email to Plaintiff's counsel advising him of <0048000300460052005800 00590048004700030044[ Notice of Ruling on all parties. Plaintiff failed to serve responses or to pay monetary sanctions. On September 5, 2018, the Court granted Volkswagen's motion for terminating sanctions. Plaintiff moves to set aside the dismissal a...

Excerpt: ...onferring, Defendant filed this motion to compel. The parties' papers focus on surveillance photographs and video. The document requests encompass more, such as surveillance reports and other documents relating to surveillance. Apparently, Defendant has not provided a privilege log, so the number and types of documents withheld as attorney work product is uncertain. Reports and other documents could very well be entitled to absolute work product ...

Excerpt: ... Plaintiff's privacy interests. Plaintiff seeks to continue this action under the pseudonym John Doe. However, the application for guardian ad litem contains his real name and address. Therefore, Plaintiff seeks to file it under seal and has lodged an unredacted copy conditionally under seal. The court may order that a record be filed under seal only if it expressly finds facts that establish: 1) there exists an overriding interest that overcomes...

Excerpt: ...g to chiropractic treatment given between June 17, 2016 and December 5, 2016. Defendants move for summary adjudication as to the second cause of action for medical battery. II. FACTUAL BACKGROUND <0051005700480047000300 0052004c005100570003[Chiropractic, at which time she was a giving an informed consent document that stated, in part: “There are reported cases of stroke associated with neck movements including adjustments of the upper cervical ...

Excerpt: ...C, and Zo Skin Health, Inc. (collectively, “Defendants”) for medical malpractice relating to an October 7, 2016 skin procedure. On October 7, 2016, Plaintiff received a Fraxel laser resurfacing treatment from Defendants. Plaintiff alleges the treatment caused injury to her face. (Undisputed Material Fact “UMF” No. 2.) Plaintiff received a payment in the amount of $3,000.00 (UMF No. 4), and Defendants say she signed a Confidential Release ...

Excerpt: ... 16, 2016 automobile accident. Plaintiff alleges serious injuries to his lumbar and cervical spine as well as right knee. After the accident, Defendant discovered Plaintiff was treated by Dr. Gary Chen at the California Orthopedic & Microsurgery Institute (“COMI”) for pain he was experiencing in his <001b000f00030047004800 0058005100560048004f[ served a subpoena for business records on COMI for Plaintiff's medical records. (Declaration of Par...

Excerpt: ...n Nuys, California. Plaintiffs seek evidence, issue, and monetary sanctions against Ross for intentional spoliation of evidence. II. FACTUAL BACKGROUND The subject slip and fall occurred on December 18, 2014 while Plaintiff was shopping at a Ross Store with her daughter. Within six days of the incident, on December 24, 2014, a letter was sent to Ross's claim administrator, Sedgwick, requesting that Ross “preserve all evidence relating to this e...

Excerpt: ... (“Decedent”) on December 18, 2017. <0057005c00030052004900 0048004f004800560003[(“City”) filed a Motion to strike all references to Government Code sections 815.2, subdivision (a); 815.4; 820, subdivision (a); and 840.2 from the Second Cause of Action for government tort liability. On February 7, 2019, the Court continued the hearing on the Motion to strike to April 23, 2019, so that defense counsel could file a supplemental declaration ...

Excerpt: ... on water that was leaking from the ceiling. On December 4, 2018, the Court granted the motion of Samer Habbas and Corbin Moore, Plaintiff's attorneys, to be relieved. The Order granting the motion to be relieved was effective only upon counsel's filing a proof of service showing service of the Order on Plaintiff. On January 18, 2019, Defendant filed this Motion to compel Plaintiff's deposition and served the motion on Plaintiff's counsel, notici...

Excerpt: ...e Department. Defendant moves to quash the subpoena for records on grounds they are overbroad, not reasonably calculated to lead to the discovery of admissible evidence, and the information sought violates Defendant's right to privacy and the privacy rights of third parties. Defendant also seeks monetary sanctions. The motion was served on the Los Angeles Police Department. A deposition subpoena may request (1) only the attendance and testimony o...

Excerpt: ...s, willful misconduct under Civil Code section 1714.1, dangerous condition of public property, and negligent hiring based on an alleged attack in the boys' locker room at Downey High School. District moves for judgment on the pleadings on the grounds Plaintiff has been deemed to have admitted District was not negligent, District did not cause Plaintiff's injuries, Plaintiff is at fault for his injuries, and Plaintiff was not harmed. II. LEGAL STA...

Excerpt: ...cy of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. [Ci...

Excerpt: ...ason Alexander Sanchez (“Decedent”), a master technician. On November 21, 2018, Plaintiffs filed a proof of service of summons for personal service on Electrical and Instrumentation Unlimited of Louisiana, Inc. It showed personal service on “Julie Stevens, Human Resources Personnel, Authorized Person to Accept Service of Process” on November 7, 2018, at 204 South Bernard Road, Broussard, Louisiana 70518. However, “Electrical and Instrum...

Excerpt: ... 20341 Parthensia Street in Winnetka, California by substitute service on “Vicky Mendoza, Mother/Co-Occupant (person apparently in charge)” on December 2, 2018. Copies of the summons and complaint were mailed on December 2, 2018. Defendant moves to quash service of the summons and complaint. Personal service may be accomplished by personally delivering a copy of the summons and complaint to the person to be served. (Code of Civ. Proc., § 415...

Excerpt: ...laying baseball. Defendants move to bifurcate the issues of liability from damages at trial. “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference in cases in which such pretrial conference is ...

Excerpt: ...d 333 South Hope Co. LLC (erroneously sued and served as Brookfield Asset Management LLC and Brookfield Office Properties US) (“Brookfield Defendants”) for premises liability and general negligence relating to an October 15, 2015 incident where Plaintiff suffered an electrical shock from an exposed wire. Brookfield Defendants move for leave to file a cross-complaint against Kaiser, Harris L. Woods Electrical Contractor dba Woods Electric, Int...

Excerpt: ...ff's accident or injury. Further, Defendant argues Plaintiff's claims are barred by the sudden emergency or imminent peril doctrine. II. FACTUAL BACKGROUND The subject incident occurred on Sawtelle Boulevard, which runs north/south. (Undisputed Material Fact “UMF” No. 1.) On October 11, 2016, Plaintiff crossed the street as a pedestrian on Sawtelle from east to west. (UMF No. 2.) The next thing Plaintiff saw was Defendant's vehicle, which col...

Excerpt: ...aint (FAC). Defendant demurrers to the second cause of action for negligent infliction of emotional distress and moves to strike the prayer for punitive damages. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting al...

Excerpt: ...hicle collision. Plaintiff filed a First Amended Complaint on May 4, 2018. He seeks damages for mental, pain and suffering, loss of enjoyment of life, lost wages and benefits, and emotional distress. Defendant seeks to compel the orthopedic, neurological, and neuropsychological examinations of Plaintiff. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff w...

Excerpt: ...June 8, 2018, Defendant served Set One of Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admissions on Plaintiff. (Declaration of Darren G. Mayers, ¶ 4.) On November 8, 2018, Defendant's motions to compel were heard. Plaintiff, in pro per, appeared at the hearing and claimed he had faxed responses to defense counsel. However, Plaintiff was unable to produce any copies of the responses alleged...

Excerpt: ... 2018, Plaintiff's counsel withdrew from representation and Plaintiff is now a self-represented litigant. Defendants move to compel Plaintiff's responses to discovery, for an order deeming admitted requests for admissions, to compel compliance with business records subpoena, and for monetary sanctions. Compel Responses and Deem Admitted On December 21, 2018, Defendants served Form Interrogatories, Set Two, Special Interrogatories, Set One, and Re...

Excerpt: ...udgment on grounds they did not own or keep the dog that attacked Plaintiff and did not have actual prior knowledge that the dog who attacked Plaintiff had any dangerous propensities. II. FACTUAL BACKGROUND Defendants have owned the residential property located at 5340 6th Street in Los Angeles, California (“the Property”) since 1989. (Undisputed Material Fact “UMF” No. 1.) From June 2012 to October 2018, Defendants rented the property to...

Excerpt: ...o diagnose. Defendant moves for an order requiring plaintiff to file an undertaking. Where a plaintiff in an action resides out of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action. (Code Civ. Proc., § 1030, subd. (a).) The motion shall be made on grounds that the plaintiff resides out of the ...

Excerpt: ...named as Doe 3. Defendant demurrers to the Complaint on grounds it owed no duty to Plaintiff and this action is barred by Plaintiff's prior dismissal with prejudice of another action arising out of this accident. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th ...

Excerpt: ...tebello (collectively, “Defendants”) for negligence relating to a June 18, 2016 automobile accident. At the time of the accident, Pan was driving a rented vehicle owned by Defendant. On January 15, 2019, the Court granted Defendant's motion for judgment on the pleadings with twenty (20) days' leave to amend. The First Amended Complaint (FAC) was filed on February 1, 2019. Defendant demurs to the FAC on grounds Plaintiffs fail to state a cause...

Excerpt: ...lt, Inc. (“Captain Xtreme”) was named as Doe 21. Wells Fargo filed a Cross- Complaint against Captain Xtreme. On January 16, 2018, Daniel Negrete dba Negrete Maintenance (“Negrete”) was named as Doe 22 to Plaintiff's complaint and as a roe-defendant in Wells Fargo's cross-complaint. Negrete moves for summary judgment as to the complaint and cross-complaint against it. II. FACTUAL BACKGROUND In July 2015, Wells Fargo contracted with Transt...

Excerpt: ...oper venue for this action. Although Defendant titles its motion as a motion to dismiss for inconvenient forum, Defendant cites to Code of Civil Procedure section 397 regarding transfer of venue. Defendant makes no argument supporting dismissal on grounds of inconvenient forum. Therefore, the Court considers this a motion to transfer venue. Defendant has not satisfied its burden of showing Los Angeles County is an improper venue or that this acti...

Excerpt: ...Amended Complaint (“FAC”) for negligence (Civ. Code, § 1714(A), <00510048004a004f004c00 00510047000300560057[rict product liability arising out <0045005c00030044000300 00440051004a00480003[while working as a composite mechanic. SCRRA moves for summary judgment on grounds Plaintiff's action is barred by the Privette doctrine. II. FACTUAL BACKGROUND Prior to July 2016, SCRRA contracted with Bombardier, Inc. (“Bombardier”) to perform repair...

Excerpt: ...st AlliedBarton Security Services, LLC (“Cross-Defendant”) for breach of contract, equitable indemnification, equitable contribution, and declaratory relief. Cross-Defendant moves to sever the cross-complaint from the underlying action. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of acti...

Excerpt: ...nce and dangerous condition of public property. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Hom...

Excerpt: ...nia Back and Pain Specialists (CBPS) and Nova Surgical Institute (Nova) requesting production of billing records and the Person Most Knowledgeable at a January 28, 2019 deposition. No appearance was made and Defendants filed these Motions to compel the compliance of CBRS and Nova with the deposition subpoenas. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or d...

Excerpt: ...ts for general negligence and premises liability relating to a December 19, 2015 fall down a staircase. Southern California Conference of Seventh-Day Adventists and Southern California Association of Seventh-Day Adventists (collectively, “Defendants”) move for summary judgment. They also seek sanctions and expenses under Code of Civil Procedure section 128.5. II. FACTUAL BACKGROUND On September 1, 2012, Plaintiff became a tenant of 1738-B Hol...

Excerpt: ...ation of right to privacy, and violation of Civil Code section 1708.8. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally ...

Excerpt: ...UND Mike Kian (“Kian”) was the sole shareholder of Pars Publishing dba Grapheex Inc. (“Pars”). Pars owned two commercial printers and purchased a Hyster S80XM model industrial lift truck (“the Truck”) from Yellow Enterprises. On January 24, 2015, Kian was operating the Truck. Kian had been trained in lift truck operation by rental companies from whom he had previously rented lift trucks. At the time of the incident, one of the commerc...

Excerpt: ...#39;s Corporation opposes the motions on the grounds that it does not own or control the restaurant or premises at issue and therefore does not have possession, custody or control over the information Plaintiff seeks in the discovery. McDonald's Corporation directs Plaintiff to seek the information from the restaurant franchisee, Henrose Corporation. McDonald's Corporation apparently has not provided any documents establishing that it doe...

Excerpt: ...h of contract, and breach of covenant of quiet enjoyment relating to their stay at Defendant's premises beginning on January 23, 2014. <0052000300450048000300 00030044005600030046[ounsel on grounds there had been no contact or communication with Plaintiffs, despite counsel's communication attempts. (Declaration of Gregory J. Carpenter, ¶ 4.) On July 20, 2018, Defendant served <004f0044004c0051005700 004b004800470058004f[ing their depositions for...

Excerpt: ...ent”). Dr. Herring moves for summary judgment. Plaintiff filed a Notice of Non-Opposition stating she will not be opposing Dr. Herring's Motion. II. FACTUAL BACKGROUND On October 30, 2013, Decedent was involved in an automobile accident. He first saw orthopedic surgeon Dr. Hekmat on December 18, 2013 with complaints of pain in his neck, right shoulder, upper and lower back, and numbness of the fingers of the right hand. (Undisputed Material Fac...

Excerpt: ...mployee to throw Plaintiff off Plaza's premises. On January 31, 2018, Knight Watch Security (“Knight Watch”) was named as Doe 1. On April 2, 2018, Plaza filed a Cross-Complaint against Knight Watch for equitable comparative indemnity, total equitable indemnity, and declaratory relief. On September 5, 2014, Plaintiff was at the Plaza Mexico Mall, where he alleges a man named “Alex” attempted to throw Plaintiff off the premises and allegedl...

Excerpt: ...9, Plaintiffs served a subpoena on Sprint seeking Brandon's telephone records. Defendants move to quash <0052005500030057004b00 00470044005c00030044[re irrelevant, burdensome, unduly intrusive, and violate Brandon's privacy rights. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business...

Excerpt: ...e ground it owed no duty of care. II. FACTUAL BACKGROUND This action involves a 61-unit residential apartment complex managed by Defendant. (Undisputed Material Fact “UMF” Nos. 1-3.) From approximately January 13, 2016 through November 2016, Plaintiff resided in Unit #58 with his mother, his older brother, his younger brother, his maternal grandmother, and his maternal uncle. (UMF No. 6.) At the time of the incident, Plaintiff was two years a...

Excerpt: ...tate (“Paley”) was added as Doe 29. Hess and Paley seek leave to file a Cross-Complaint. A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (Code Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the court has set a date for trial. (Code Civ. Proc., �...

Excerpt: ...n for general negligence is uncertain and barred by the doctrine of primary assumption of risk. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions ...

Excerpt: ...property under Government Code section 815, relating to a November 7, 2017 automobile versus motorcycle collision. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not conte...

Excerpt: ...C on grounds it is uncertain, fails to state facts sufficient to constitute causes of action, and is outside this court's jurisdiction. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly ...

Excerpt: ... liability and general negligence relating to a November 12, 2015 incident where Plaintiff bit into a foreign object served in her food. On March 2, 2018, Qantas filed a cross-complaint against Hallmark for indemnity and contribution. On July 6, 2018, Hallmark filed a cross-complaint against Qantas for indemnity and contribution. Hallmark moves for summary judgment, or in the alternative, summary adjudication. Plaintiff and AAPC filed oppositions...

Excerpt: ...ts”) move for summary judgment. Plaintiff filed a notice of non-opposition. Factual Background On November 11, 2014, Plaintiff was a tenant at T-C Legacy at Westwood apartment complex. Plaintiff was unloading items from the trunk of her vehicle, which was parked in the driveway of the apartment complex. (Undisputed Material Fact “UMF” No. 2.) Jokel parked behind Plaintiff and then drove directly onto Plaintiff's right foot. Plaintiff allege...

Excerpt: ...ng to a December 9, 2016 automobile collision. AMCO moves to transfer venue to Riverside County. The subject collision took place on the Interstate 215 freeway in the County of Riverside. (Complaint, ¶ 5.) Both plaintiffs are residents of Riverside. (Complaint, ¶¶ 1, 2.) AMCO argues that because the accident occurred near Riverside, it is likely that the bulk, if not all, of the percipient and non-percipient witnesses reside in Riverside Count...

Excerpt: ...nt and default was entered against them on May 1, 2018. Plaintiffs sought default judgment in the amount of $410,665.13. (Code Civ. Proc., § 585.) On October 5, 2018, the Court denied the application for default judgment and set aside the underlying entry of default based on an insufficient statement of damages. The statement of damages stated future medical expenses and loss of earnings were “pending” and “to be determined.” The Court f...

Excerpt: ...o, that sells food items and other merchandise in bulk for businesses. (Undisputed Material Fact “UMF” No. 1.) On July 15, 2015, Plaintiff visited Defendant's store. (UMF No. 2.) Plaintiff had visited that Jetro store at least once per week for the seven years before the incident. (UMF No. 3.) As Plaintiff was in the beverage aisle, he put his arms directly in front of his face to reach a box on a shelf. He pulled a box of juice bottles towar...

Excerpt: ... to another case, Contero v. White Gold Moving & Storage. In deeming the cases related, the Court gave this case the same trial date as Contero, which was July 25, 2018. In the order deeming the cases related, the Court ordered Defendant to give notice to Plaintiff within ten (10) days. Defendant concedes that it failed to give notice of the order deeming the cases related and setting trial for July 25, 2018. Defense counsel states he later gave ...

Excerpt: ...ril 2, 2016 automobile accident. On August 30, 2017, Smart & Final and Fernandez filed a cross-complaint against Road Dog Drivers, LLC (“Road Dog”) for equitable indemnification, equitable contribution, and declaratory relief. On October 27, 2017, Plaintiffs Guangyao Sha (“Sha”) and Li Li (“Li”) filed Case No. BC681175 against Defendants Smart & Final Stores, Inc. and Carlos Fernandez for negligence arising out of the same accident. O...

Excerpt: ...OUND Defendant operates an automotive tire sales and repair shop at 2232 and 2236 Cotner Avenue in Los Angeles (“the Premises”). (Undisputed Material Fact “UMF” No. 1.) From June 2008 through January 2018, Defendant leased the Premises from Bumpas Family Trust of 2002 pursuant to a Lease Agreement (“the Agreement”). (UMF No. 2.) On February 4, 2016, between 2 p.m. and 3 p.m., Plaintiff and her daughter were walking southeast on Cotner...

Excerpt: ...tem, and Nina (collectively, “Plaintiffs”) filed this action on November 13, 2017 alleging Defendants Intex Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. On January 30, 2019, the parties participated in an Informal Discovery Conference with the Court regarding Defendants' responses to Plaintiff's Requests for Documents and the d...

Excerpt: ..., a public entity. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the compl...

Excerpt: ...o care and treatment rendered to Plaintiff in September through November 2017 while she was pregnant. Defendant moves to compel binding arbitration. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an ...

Excerpt: ...get's property. Target moves for summary judgment on grounds it owed no duty and Plaintiff cannot show Target created a dangerous condition that caused his accident. II. FACTUAL BACKGROUND On September 2, 2015, Plaintiff was driving southbound on Balboa Boulevard in Northridge, California, on his motor scooter. (Undisputed Material Fact “UMF” No. 2.) Joanna C. Morales (“Morales”) was exiting one of two driveways from Target's premises lea...

Excerpt: ...insufficient facts to constitute a cause of action for motor vehicle negligence against Defendant. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductio...

Excerpt: ...r in the alternative, summary adjudication on grounds this action is barred by the statute of limitations. II. FACTUAL BACKGROUND On December 6, 2015, Plaintiff presented to PIH Health Hospital – Downey's emergency room with severe abdominal pain. (Plaintiff's Additional Material Facts “AMF” No. 11.) Plaintiff spoke to a doctor. The doctor and nurse waited for a diagnosis before discharging Plaintiff. (Undisputed Material Fact “UMF” No....

Excerpt: ...ture not affixed to the floor; (2) Defendant was not negligent in its placement or operation of the desk; (3) Defendant was not negligent in not affixing the desk to the floor; and (4) Defendant's desk did not cause Plaintiff to fall to the ground. II. FACTUAL BACKGROUND On March 6, 2015, Plaintiff and his mother entered the Chase Bank in Redondo Beach, California. (Undisputed Material Fact “UMF” No. 1.) Once inside, Plaintiff and his mother ...

Excerpt: ...laint-in-Intervention for subrogation of workers' compensation benefits paid to Plaintiff. On October 21, 2015, City received a letter from Dawn Thomas at Access General Insurance, acknowledging City's claim and requesting that all further correspondence be sent to their attention. In November and December 2015, City's counsel left several messages for Thomas asking if they would accept service of the Complaint-in-Intervention. City's counsel rec...

Excerpt: ...e request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) Defendant moves for trial continuance on grounds that: (1) Defendant will be unavailable at the time of trial as he will be out of...

Excerpt: ... incident, “which memorializes purchases that YOU made on the DOI” or date of the incident. Plaintiff objected to this discovery on privacy grounds. Defendant then filed a motion to compel. Defendant argues the discovery should be produced, regardless of any privacy right, because “Plaintiff's purchases reflected on his credit and/or debit cards will reveal other activities that may have contributed and/or caused Plaintiff's injuries.” De...

Excerpt: ... demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters w...

Excerpt: ...o a March 7, 2015 automobile accident. Defendant demurs as to the First Cause of Action for intentional tort and moves to strike the prayer for punitive damages and related allegations. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the ...

Excerpt: ...udgment on grounds: (1) no dangerous condition existed, (2) Plaintiff's injuries were not proximately caused by a dangerous condition of public property, (3) Defendant did not have actual or constructive notice of the alleged bumps, ridges, and potholes at the location of the incident. II. FACTUAL BACKGROUND On June 27, 2016, Plaintiff was driving his motorcycle in the High Occupancy Vehicle (HOV) lane near the Lone Hill Avenue exit of the 210 fr...

Excerpt: ...7 vehicle versus pedestrian collision. Noel and Bell have settled for $150,000.00 and Jonathan and Bell have settled for $100,000.00. District contests these applications for good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault...

Excerpt: ...nts in the demanded category in the possession, custody or control of Plaintiff. Plaintiff's objections are not well-taken. They are boilerplate, not tailored to the requests, and do not make sense (a document request does not “call for a narrative,” it calls for the production of documents). Plaintiff is to produce all responsive documents and serve supplemental code-compliant responses. If Plaintiff is withholding any responsive documents b...

Excerpt: ... premises. Defendant moves for summary judgment, or alternatively, summary adjudication on grounds each of Plaintiff's causes of action are barred by the statute of limitations. II. FACTUAL BACKGROUND Between November 12, 2014 and November 20, 2014, Defendant was moving into a new home in Canoga Park, California. On the date of the incident, Plaintiff, a friend of Defendant's, was helping Defendant paint a wall at the house. (Undisputed Material ...

Excerpt: ...fendant Villalobos (“Villalobos”). On October 4, 2018, Plaintiffs named Young Poong USA Corporation as Doe 2 (“Defendant”). Defendant moves to quash service and seeks to be dismissed from this action because (1) service of summons was not proper; and (2) the court lacks personal jurisdiction over it. II. LEGAL STANDARDS A defendant, on or before the last day of his or her time to plead or within any further time that the court may for goo...

Excerpt: ...off's indictment, whether he had entered any plea, and why he had moved out of offices shared with another doctor. To those questions, Plaintiff's counsel instructed, or recommended to him, not to answer, and the witness said he was “taking the Fifth Amendment.” It is unclear from the papers and exhibits how long the deposition was and what other topics were covered. Defendants now see a second deposition of Dr. Obukhoff so as to ask question...

Excerpt: ...y and imposing monetary sanctions. To date, Plaintiff has not complied with the Court's Order, and Defendants move for terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v. C...

Excerpt: ... September 15, 2013 incident at a Ralphs Grocery Store. Defendants demurrer to the Complaint and move to strike punitive damages. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleade...

Excerpt: ...tiz v. Plasencia and on March 6, 2019, a Notice of Related Cases was filed in Gutierrez v. Ortiz. Ortiz moves to consolidate these two actions. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnece...

Excerpt: ...n California Back and Pain Specialists (CBPS) and Nova Surgical Institute (Nova) requesting production of billing records and the Person Most Knowledgeable at a January 28, 2019 deposition. No appearance was made and Defendants filed these Motions to compel the compliance of CBRS and Nova with the deposition subpoenas. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposit...

Excerpt: ...int on grounds that it was untimely filed under Government Code section 945.6. REQUEST FOR JUDICIAL NOTICE Defendant requests that the court take judicial notice (1) the original summons and complaint filed on April 17, 2018; (2) the government claim form claim number 17006772; and (3) a July 35, 2017 letter from Laurie Roth, Program Analyst with the California Department of General Services, Government Claims Program addressed to Plaintiffs' cou...

Excerpt: ...puted Material Fact “UMF” Nos. 1, 2.) On March 2, 2016, APC was a dissolved corporation in California. (UMF No. 3.) Ho moves for summary judgment on grounds APC was dissolved on the date of the alleged incident, he has not worked for APC since September 15, 2014, and he has no knowledge of the event alleged by Plaintiff. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify th...

Excerpt: ... came off and allegedly struck Plaintiff, causing injuries. Defendants move to compel Plaintiff to sign a HIPAA-compliant authorization for the release of his medical records. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the a...

Excerpt: ...continue trial and related dates. Plaintiff filed a joinder to Defendants' Motion. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of ...

Excerpt: ...o pay attorney's fees, and $855.00 will be used to pay non-medical expenses, leaving a balance of $50,361.99 for Claimant. Petitioner proposes the creation of a Special Needs Trust (“SNT”) for the remaining balance. Court approval is required for all settlements of claims by an adult with a disability. (Probate Code §§ 3500, 3600,et seq.; Code of Civ. Proc. § 372.) The Court finds the settlement amount to be fair and reasonable. Further, t...

Excerpt: ...e (“Gillispie” and “Defendant”), Orange Courier Inc. (“Orange Courier”), Onesource Distributors Holdings, LLC, Onesource Distributors, Evell, and EAN Holdings, LLC for negligence and negligent entrustment relating to an April 10, 2015 automobile accident. Plaintiff served a deposition subpoena for a deposition and records on the Department of Motor Vehicles (DMV) seeking documents related to any moving violations, tickets, citations, ...

Excerpt: ...da (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power<0048004900480046005700 00480003004400530053[arent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994.) “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconne...

Excerpt: ...reached no duty of care to her. II. FACTUAL BACKGROUND On December 24, 2015, Plaintiff drove to the parking lot of the Costco store located in Plaza Pacoima. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff arrived at approximately 2:30 p.m. and backed into a parking spot. (UMF Nos. 3, 4.) Plaintiff had been to this Costco store between ten and thirty times prior to the incident. (UMF No. 8.) Plaintiff exited her vehicle from the driver'...

Excerpt: ...ject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) The party served with a deposition notice waives any error or irregularity unless that par...

Excerpt: ... to discovery and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work pr...