Excerpt: .... Plaintiff's counsel, Richard Wynn, states that his failure to appear was due to an assumption than an executed stipulation to continue trial had been filed, and that his office had calendared the new stipulated dates for trial and the final status conference. He stated it was unknown why the stipulation was not filed. The Court's records show that the stipulation was filed but then rejected because parties may not stipulate to a trial continuan...

Excerpt: ...tersection filled with cars. Plaintiff alleges he attempted to slow the bike by releasing the throttle and applying brakes but the bike continued speeding. By the time the brakes engaged, Plaintiff was thrown over the handlebars of the bike onto the pavement. Defendant moves to strike the allegations of punitive damages and the request for attorneys' fees. Any party, within the time allowed to respond to a pleading may serve and file a notice of ...

Excerpt: ...ses several times. On November 13, 2019, Plaintiff filed motions to compel responses. Defendant served verified responses on November 26, 2019. Therefore the motions are MOOT. Plaintiff requests sanctions in the total amount of $9,898.90, based on an hourly rate of $675 per hour. That amount is excessive for two simple discovery motions. The amount includes duplicative time for attending a hearing, phone calls and emails. Also, a junior attorney ...

Excerpt: ...iscovery to take the depositions of Defendant's two expert, the driver of the forklift, and Defendant's person most qualified on safety policy and procedure. This motion was set for hearing on December 31, 2019, but will be heard with Plaintiff's other motion on December 30, 2019. 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 concerni...

Excerpt: ...gesellschaft für Textil-Einrichtungsbedarf (“VerTex”) for indemnity because VerTex allegedly manufactured the mannequin. VerTex seeks to quash service of summons on the grounds that this Court lacks personal jurisdiction. II. DISCUSSION A. Legal Standards for Motion to Quash for Lack of Personal Jurisdiction “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United S...

Excerpt: ...f the sidewalk at issue, which is sufficiently specific for Defendant to determine the meaning of “sidewalk.” Likewise “maintain” as defined is not vague and ambiguous. Defendant objects that “inspection” is vague and ambiguous, but then argues that it conducted a sidewalk inspection of certain blocks, indicating that Defendant has an understanding of “inspection.” In addition, Defendant argues that its witness already answered ma...

Excerpt: ...g, word finding, vocabulary and language, balance, hearing and vision, emotions, including frustration, anger, depression, anxiety, social withdrawal, and fear. Defendants seek an order compelling Plaintiff to appear for a neuropsychological examination with Kyle Boone, Ph.D. on January 15, 2020. Plaintiff filed a notice of non-opposition. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one phy...

Excerpt: ...ion of Documents on Plaintiff. Plaintiff obtained two extensions on responses. Loera denied the request for a third extension. Loera's counsel then sent a meet and confer letter and requested Plaintiff provide responses by October 31, 2019. On November 11, 2019, defense counsel informed Plaintiff's counsel they would be filing motions to compel, and Plaintiff's counsel stated a new firm was substituting in. On November 12, 2019, defense counsel c...

Excerpt: ...ral negligence and premises liability relating to a June 16, 2017 accident in which a concrete slab next to a trench broke and injured Plaintiff. On August 6, 2019, RJC filed a cross-complaint against Criswell. On September 17, 2019, Criswell filed a cross-complaint against RJC. Criswell moves for a determination of good faith settlement with Plaintiff in the amount of $5,000. The Court must approve any settlement entered into by less than all jo...

Excerpt: ...t Airlines Co. (“Defendant”) the day before her flight and again when she arrived at the Southwest terminal. Plaintiff contends Southwest told her no escorts were available and asked her to proceed through security to her gate without an escort. (Compl., ¶ 1.) Plaintiff's husband then took Plaintiff via wheelchair through Terminal 1 at LAX while also holding their carry-on luggage. (UMF No. 3.) Plaintiff's husband took Plaintiff up an escala...

Excerpt: ...ounsel's engagement in a lengthy trial. Plaintiff asked for a year, which the Court granted, continuing the trial from October 22, 2018 to October 22, 2019. The Court did not re-open discovery in the absence of a noticed motion or stipulation. (Plaintiff appears not to have given Defendants proper notice of the ex parte application. Plaintiff's ex parte application states the process server gave notice, apparently when the process server served t...

Excerpt: ...itleholder and wholly-owned subsidiary of Avis. On July 9, 2018, Plaintiff filed this action alleging Avis and PVHC were negligent, negligently entrusted the car to Gough, and are liable via the permissive user statute. Defendants PVHC and Avis moved for summary judgment. Plaintiff filed a Notice of Non-Opposition to Defendants' Motion. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1)...

Excerpt: ...ive First Amended Complaint ("FAC") listing causes of action for intentional tort, premises liability, negligent operator, and dangerous design. Plaintiff alleges the doors of a bus operated by Defendant injured his shoulder. On August 16, 2019, Defendant served Plaintiff with Form Interrogatories, Set One; Requests for Production, Set One; and Requests for Admission, Set One. On August 29, 2019, Defendant served Plaintiff with a notice of deposi...

Excerpt: ...ment on the grounds that Dr. Gershman's treatment of Plaintiff complied with the standard of care and did not cause Plaintiff's harm. Plaintiff did not file an opposition. II. FACTUAL BACKGROUND On February 22, 2018, Plaintiff presented at Institute for Advanced Urology after being diagnosed with chromophobe renal cell carcinoma, which had formed a tumor in Plaintiff's kidney. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff was referred t...

Excerpt: ... Samaritan Hospital. Plaintiff moves to quash on the grounds that the subpoenas are unlimited in time and scope even though the injuries occurred less than two years ago and she is claiming injuries to specific body parts. 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 records....

Excerpt: ...im to fall. Petitioner suffered a dislocated ankle, broken tibia, and broken fibula. Petitioner requests relief from Government Code section 945.4 because he did not make a claim within the six-month period due to mistake, inadvertence, surprise, or excusable neglect. Before filing a suit against a public entity, a plaintiff must comply with the Government Tort Claims Act, which states, in part: “no suit for money or damages may be brought agai...

Excerpt: ...or Plaintiff's medical, billing, and radiological records on Kaiser Permanente Central Release of Information Unit and Kaiser Permanente Radiology. Plaintiff moves to quash the subpoenas on the grounds that they are overbroad and violate Plaintiff's constitutional right to privacy. When a plaintiff puts her health and physical condition at issue, the privacy and privileges that normally attach to such sensitive information are “substantially lo...

Excerpt: ...ndant”) has a proactive inspection program where trees are inspected and trimmed every five or six years, or sooner by complaint. (UMF No. 6.) Jacaranda trees are messy trees that shed flowers, leaves, and branches in the surrounding areas. (UMF No. 8.) On the date of the incident, Defendant's Forestry Division responded to thirty calls of broken branches or fallen trees. (UMF No. 9.) An average number of calls per day is 3 to 5 fallen branches...

Excerpt: ...de Gate 76 at Terminal 7 at LAX. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1-3.) United moves for summary judgment on the grounds that there is no triable issue of material fact as to the premises liability claim because Plaintiff cannot establish that United owned, possessed, or controlled the stairs at LAX where Plaintiff fell. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: ...

Excerpt: ..., 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 Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.) In ruling on a motion for leave to amend the complaint,...

Excerpt: ...ose. 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 complaint as true a...

Excerpt: ... negligence. Defendant moves for summary judgment, or in the alternative, summary adjudication. II. FACTUAL BACKGROUND <0003005300440056005600 00030044000300450058[s owned by Defendant. (Undisputed Material Fact “UMF” No. 1.) Plaintiff sat on the ride side of the bus in the middle section seat closest to the rear passenger ingress and egress door. (UMF No. 2.) Plaintiff was wearing a backpack and was sitting forward on the seat. (UMF No. 3.) ...

Excerpt: ... and death of Plaintiff's mother (“Decedent”). Defendant demurs to the Second Cause of Action for Negligent Infliction of Emotional Distress on grounds it 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 only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 C...

Excerpt: ...r, Corp., and LA Holdco LLC (collectively, “Defendants”) move for summary judgment on the second cause of action – the only one asserted against them – on the grounds they breached no duty of care owed to Plaintiff and any actions or omissions by Defendants were not the proximate cause of Plaintiff's injuries. II. FACTUAL BACKGROUND <0003004b004c0056000300 00520052004e00480003[Japhet (“Japhet”), had plans to attend a rock concert at D...

Excerpt: ...ting to care and treatment rendered to Plaintiff between March 2016 and April 11, 2016. Plaintiff treated with Dr. Bui for consultation on erectile dysfunction disorder. On April 11, 2016, Plaintiff was admitted to Tower Urology to undergo a penile prosthesis implantation procedure. After the surgery, Plaintiff developed an infection, noticed abnormalities, and experienced pain. Dr. Bui told Plaintiff the surgery went fine and needed more time to...

Excerpt: ...tate facts sufficient to constitute a cause of action and is uncertain. 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 o...

Excerpt: ...y. II. FACTUAL BACKGROUND <005100440057004c005200 0003004c00510003002f[os Angeles, the parking lot within the park, and a stairway of approximately 4 steps and a partial step to the rest of the park, including a gymnasium. (Undisputed Material Fact “UMF” No. 1.) The Park is a recreational area where youth programs, adult programs, classes, sports programs, and arts and crafts classes take place. (UMF No. 5.) The Park offers sports programs in...

Excerpt: ...ts”) joined in the motion to compel. On November 19, 2018, the Court granted the motion to compel Plaintiff's deposition and ordered that she appear for her deposition on December 13, 2018 and that she pay $203.75 in monetary sanctions within twenty (20) days of the Court's Order. Kumar served a Notice of Ruling on Plaintiff on November 20, 2018. Plaintiff failed to appear for her deposition or to pay monetary sanctions. Defendants move for ter...

Excerpt: ...ent for Sheriff's policy limits of $25,000.00 and filed an Application for Good Faith Settlement. Magill filed this Motion contesting good faith settlement. Bachman filed a joinder to Magill's Motion contesting good faith settlement. II. LEGAL STANDARDS 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) t...

Excerpt: ...f Defendants' Person Most Knowledgeable (PMK), the production of documents responsive to the demand, that Defendant be compelled to answer questions they were instructed not to answer at the January 16, 2019 deposition, and that defense counsel not instruct his client to answer unless the question seeks privileged information, that defense counsel not raise speaking objections, and that defense counsel not coach the witness. Plaintiff also seeks ...

Excerpt: ... to enforce a settlement they allege they entered into with County and Rodriguez (collectively, “Defendants”). Plaintiff also seeks sanctions pursuant to Code of Civil Procedure, section 128.5 against Defendants and their counsel of record. On March 7, 2019, seven days before the hearing, Plaintiff Engle filed a joinder in Plaintiff's motion. This joinder was too late and did not allow Defendants sufficient time to respond. Enforce Settlement...

Excerpt: ...sultant severe emotional distress. Defendant moves to compel a psychiatric examination. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee...

Excerpt: ...o limited jurisdiction. No opposition was filed. A motion to reclassify an unlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.) However, a motion for reclassification must be made within the time a...

Excerpt: ...n Van Nuys, California. Ross moves for summary judgment on grounds there was no dangerous condition, no act or omission by Ross caused Plaintiff's injuries, and Ross had no notice of any dangerous condition. On November 11, 2018, US Maintenance filed a Notice of Joinder to Ross's Motion for Summary Judgment, a Separate Statement, and the Declaration of William Graber in Support of Joinder. II. FACTUAL BACKGROUND On December 18, 2014, Plaintiff an...

Excerpt: ... Statutory Obligation (pursuant to Labor Code Sections 3706-3709); (3) Strict Products Liability; (4) Products Liability: Negligence; and (5) Breach of Warranties. Plaintiff alleges the following. On November 5, 2016, Plaintiff was employed by Shadow Deliveries as a mover and was transporting an adjustable foundation - King Bed-Frame (the “Product”) – for Howard's Appliances. While in the course and scope of his employment, the Product, sud...

Excerpt: ...ndant moves to strike the prayer for punitive damages and related allegations. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., §...

Excerpt: ...s fees and $38,288.46 will be used to pay non-medical expenses, leaving a balance of $531,711.54 to be delivered to Petitioner, as the conservator of Claimant's estate. Court approval is required for all settlements of a claim of an adult with a disability. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Claimant's attorney's seek 40% of the ...

Excerpt: ... On December 24, 2018, Plaintiff filed a First Amended Complaint (“FAC”) seeking punitive damages. Defendant moves to strike the prayer for punitive damages and related allegations of malice. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon t...

Excerpt: ...et aside dismissal. “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 within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, ...

Excerpt: ...nt's motion for summary judgment. In support of its motion, Defendant presented the floor-walk and inspection sheets of Suzie Patten (“Patten”), who also submitted a declaration in support of the motion. Patten declared that her custom was to conduct an inspection of store areas every hour and that on the date of the incident, she conducted two inspections prior to Plaintiff's fall. Based on her usual pattern of inspecting the store—i.e., t...

Excerpt: ...fendant filed an Answer on October 7, 2015. Defendant seeks leave to file a cross-complaint for breach of contract. II. PROCEDURAL BACKGROUND <0055005900480047000300 004900030026004c0059[il Procedure section 998 statutory offer to compromise for $100,000.00. The offer had to be accepted within thirty (30) days or prior to commencement of trial, whichever occurred first, or would be deemed withdrawn. (Declaration of David M. Hillier, ¶ 2; Exh. A....

Excerpt: ...onses to discovery. Specifically, Plaintiff's Request for Production Nos. 5 and 6 seek any and all documents identified in Defendant's responses to Form Interrogatories Nos. 12.2 and 12.3. Form Interrogatories Nos. 12.2 and 12.3 sought identification of individuals who were interviewed by Defendant regarding the incident, when the interviews were conducted, the identity of who conducted the interviews, and any documents showing statements obtaine...

Excerpt: ...ing injuries. On August 30, 2018, Plaintiffs filed the operative Complaint against Target, asserting claims for (1) Negligence and (2) Bystander Emotional Distress. Target demurs to the second cause of action. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor...

Excerpt: ... distress relating to the emergency treatment rendered to Zarah on November 27, 2017. Plaintiffs move for trial preference pursuant to Code of Civil Procedure, section 36, subdivision (b). “A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the ...

Excerpt: ...nd to Defendants' written discovery requests, to appear for his deposition, and to pay monetary sanctions within twenty (20) days of the date of the Order. Defendants move for terminating sanctions based on Plaintiff's 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, ...

Excerpt: ...Defendants”) for medical malpractice relating to care and treatment rendered to Trang Tong (“Decedent”), wife to Nick and mother to Justin and Bryan, in November and December 2016. Dr. Nassif moves for summary judgment. Plaintiffs filed a Notice of Non-Opposition and Non-Appearance. II. FACTUAL BACKGROUND On November 28, 2016, Decedent presented to San Gabriel Valley Medical Center Emergency Department with complaints of upper abdominal pai...

Excerpt: ...: (1) negligence, (2) negligence per se, and (3) statutory liability. On December 7, 2018, Defendant demurred to the Complaint on the grounds that the Second Cause of Action fails to state facts sufficient to constitute a cause of action for negligence per se and the Third Cause of Action seeks duplicative damages. Defendant concurrently filed a motion to strike allegations concerning Vehicle Code Sections 22350, 29003, 29004, and 22406 on ground...

Excerpt: ... appear on the trial date. Plaintiff moves to set aside dismissal based on 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 within a reasonable ti...

Excerpt: ...n a harbor and a yacht club. Trial is currently set for May 14, 2019. The parties have stipulated to continue trial to January 20, 2020, but require court approval for an eight-month continuance. 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, Rul...

Excerpt: ...fendants move to continue trial and to reopen discovery. 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 Court, Rule 3.1332.) Defen...

Excerpt: ...to care and treatment rendered on December 27, 2016. Defendant moves to compel Plaintiffs' responses to discovery, to deem admitted requests for admissions, and monetary sanctions. Compel Responses On August 9, 2018, Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on each Plaintiff. (Declaration of Adam L. Robinson, ¶ 4.) Defense counsel granted an extension on responses to September 27, 2...

Excerpt: ...On December 17, 2018, the Court denied Plaintiff's application for default judgment in light of Mata's Answer, but noted Mata could not defend this action until entry of default was set aside. Mata filed this Motion to set aside entry of default on January 31, 2019. Mata moves to set aside entry of default on grounds she did not receive notice of this action in time to defend against it. Where a service of summons has not resulted in actual notic...

Excerpt: ...y motion, the court must order a transfer of venue “when the court designated in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397(a).) A motion to transfer venue on grounds the designated court is not proper must file and serve the motion before or at the time of filing an answer, demurer, or motion to strike. (Code Civ. Proc., § 396b.) “Venue is determined based on the complaint on file at the time the motion to ch...

Excerpt: ...nce relating to a May 6, 2016 slip and fall (“Pustilnikov Case”). On October 26, 2017, the Pustilnikov Case was deemed related to the Kalfon Case. On January 26, 2018, Plaintiff Tali Dayan (“Dayan”) filed an action against The Abbey for premises liability and general negligence relating to a May 6, 2016 slip and fall (“Dayan Case”). On December 20, 2018, the Dayan Case was deemed related to the Kalfon Case. The Abbey moves to deem the...

Excerpt: ...Code of Civil Procedure, section 1030. 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 state and there is a reasonable possibility th...

Excerpt: ... or retention of an employee; intentional infliction of emotional distress; negligent infliction of emotional distress; and respondeat superior liability relating to a July 12, 2015 incident at NOS's premises in San Bernardino, California. On December 20, 2017, CSC filed an Answer and a Cross-Complaint for indemnity against ZOES 1-100. CSC seeks leave to amend its Cross-Complaint to allege causes of action for: (1) indemnity, (2) contribution and...

Excerpt: ...nsufficient notice of its existence to have remedied it. II. FACTUAL BACKGROUND On December 19, 2015, Plaintiff went to the Albertsons store in Baldwin Hills. (Undisputed Material Fact “UMF” No. 1.) It had been raining throughout the day, including heavy rain at times. (UMF No. 2.) It was raining while Plaintiff was driving to the store and when Plaintiff parked her car at the store. (UMF No. 4.) A rug and wet floor warning cone were placed i...

Excerpt: ...fendant filed this Motion to set aside default entry. The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisions for relief from default: a discretionary provision and a mandatory provision. (C...

Excerpt: ...greed to submit all claims for uninsured motorist accidents to binding arbitration. Petitioner seeks to compel binding arbitration of this matter. “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 ag...

Excerpt: ... medical records. (Declaration of Kimberly Doran, ¶ 3.) On April 5, 2017, Dr. Sharma's office informed defense counsel that the records would not be released without an authorization or a court order. (Doran Decl., ¶ 4.) On November 26, 2018, defense counsel served a signed authorization on Dr. Sharma's office. (Doran Decl., ¶ 5.) Defendant contends records have not been received, despite efforts throughout December 2018 to obtain the records ...

Excerpt: ...ave to amend. On August 8, 2018, Plaintiff filed a First Amended Complaint (FAC). On August 15, 2018, Plaintiff filed a Second Amended Complaint. On August 24, 2018, Plaintiff filed another Second Amended Complaint. On October 25, 2018, the Court sustained Defendant's demurrer to the August 8, 2018 FAC and struck the other amended pleadings as being impermissibly filed without leave of the Court. The Court granted Plaintiff thirty (30) days leave...

Excerpt: ...iction of emotional distress, negligent infliction of emotional distress, negligence, negligence per se, and negligent supervision and hiring, and seeking punitive damages and damages for breach of contract, pre-judgment and post-judgment interest for breach of implied covenant of good faith and fair dealing. Defendant moves to strike the prayer for punitive damages and related allegations and the prayer for contract damages. Any party, within th...

Excerpt: ...his action against it is barred by the Graves Amendment and there is no evidence supporting a cause of action for motor vehicle negligence against it. Plaintiff filed a Notice of Non-Opposition to Hertz's Motion. II. FACTUAL BACKGROUND <0047000300270044005800 00480003004c00510059[olved in a two-vehicle accident. (Undisputed Material Facts “UMF” No. 1.) At the time of the accident, Hertz owned the vehicle Daurant was driving, which Daurant ren...

Excerpt: .... Defendant Gonzalo A. Rodriguez dba Competition Valet Parking Service filed this Motion for determination of good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code of Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Super...

Excerpt: ... hearing on January 16, 2019. On January 2, 2019, Plaintiff served a First Amended Complaint (the “FAC”) but did not file the FAC until January 24, 2019. Neither party informed the Court that Plaintiff intended to file the FAC. In the meantime, on January 16, 2019, the Court issued a ruling on the Demurrer, sustaining it with leave to amend. On January 18, 2019, Defendant filed a Demurrer to the FAC on the grounds that the FAC fails to state ...

Excerpt: ... 75 miles from his residence. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendan...

Excerpt: ...missible evidence. No. 2: Granted, except any attorney/client privileged or work product documents may be withheld and listed on a privilege log. No. 13: Granted, after the District provides notice to the student. The request is reasonably tailored to the matter in dispute in this litigation. Nos. 14, 18, 38, 39: Granted in part. The District shall produce non‐privileged responsive documents concerning the alleged assault on Plaintiff, not incl...

Excerpt: ...istopher D'Alonzo (“D'Alonzo”), and Sam Doe (“Doe”). On June 13, 2018, Plaintiff filed her First Amended Complaint (“FAC”) for negligent entrustment of dangerous instrumentality, negligent supervision, and negligent training. The District and D'Alonzo (collectively, “Defendants”) move for summary judgment, or in the alternative, summary adjudication, on grounds this action is barred by assumption of the risk and there are no triab...

Excerpt: ...ion is barred by the Firefighter Rule, and the condition was open and obvious. II. FACTUAL BACKGROUND Plaintiff worked as a Forensic Specialist II for the City of Whittier Police Department. On May 12, 2015, Plaintiff and his partner responded to Hadley Towing to investigate a recovered stolen vehicle. (Undisputed Material Fact “UMF” No. 1.) Plaintiff had been to the Hadley Tow Yard (“the Tow Yard”) hundreds of times prior to the date of ...

Excerpt: ...e to San Diego County on grounds Los Angeles County is an improper venue. An action for personal injury may be tried either in the county where the defendant resides or in the county where the injury occurred. (Code Civ. Proc., § 395, subd. (a).) On timely motion, the court must order a transfer of venue “when the court designated in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397(a).) A motion to transfer venue on g...

Excerpt: ... attorney and ordered Plaintiff to appear on the next hearing date of November 9, 2019, with an attorney. On November 9, 2019, Plaintiff failed to appear, and the hearing was continued to November 19, 2019. On November <0058005500570003004a00 00480049004800510047[ant's motion to compel Plaintiff's deposition and ordered that she appear for her deposition on December 13, 2018 and that she pay $203.75 in monetary sanctions within twenty (20) days o...

Excerpt: ...a dangerous condition existed. II. FACTUAL BACKGROUND On March 24, 2016, Plaintiff arrived at Mastro's Restaurant in Beverly Hills at about 5:30 p.m. (Undisputed Material Fact “UMF” Nos. 1, .) Plaintiff and her companions remained at the same location at the third floor bar for the duration of their time at the restaurant. Until the time of the accident, Plaintiff was seated on the same stool. (UMF No. 3.) When Plaintiff first sat down, she t...

Excerpt: ...s. Plaintiff was ordered to provided verified responses, without objection; to appear at his deposition; and to pay monetary sanctions within twenty (20) days of the Court's Order. Defendant served a notice of ruling on Plaintiff on November 13, 2018. To date, Plaintiff has not complied with Court's November 9, 2018 Order. Defendant seeks terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may...

Excerpt: ... filed a timely bodily injury claim with Defendant City of Monterey Park (“the City”), which the City rejected on February 12, 2018. On August 2, 2018, Plaintiff filed a Complaint against Defendants Specialty Restaurant Corp., Casuda Canyon Restaurant, and the City. On October 31, 2018, Plaintiff filed the operative First-Amended Complaint (“FAC”), asserting claims for (1) General Negligence and (2) Premises Liability. On December 14, 201...

Excerpt: ...or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, of control of any other party to the action. (Code Civ. Proc., § 2031.010, subd. (a).) A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party's behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession,...

Excerpt: ...p and fall incident. Defendant seeks to compel inspection of Plaintiff's cell phone records for the three-hour period surrounding her fall. Defendant does not seek discovery of the content of any text messages or calls. Rather, Defendant seeks records showing the existence of any text messages or calls which would contradict Plaintiff's deposition testimony. On October 1, 2018, the Court heard Defendants' prior motion to compel Plaintiff's author...

Excerpt: ...endants, and each of them, created and had notice of the condition by failing to adequately warn of liquid spilled on Defendants' premises. Had Defendant taken adequate maintenance and/or precautionary measures, the dangerous condition and Plaintiff's subsequent injury producing slip and fall would have been avoided.” (Complaint, ¶ Prem.L-1.) Plaintiff now seeks to amend the complaint to allege theories of liability based on unreasonably slipp...

Excerpt: ...troom. She screamed and swore at Plaintiff for being in the restroom. She hit him in the face and body with her hands. On October 4, 2018, Plaintiff filed the operative Complaint against Defendants Leon, Kellermeyer, and Home Depot; asserting claims for (1) Assault and (2) Battery. On December 7, 2018, Kellermeyer filed the instant Demurrer. Plaintiff opposes. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a caus...

Excerpt: ...seeks leave to file a First Amended Answer adding a sixth affirmative defense that Plaintiff was an uninsured motorist pursuant to Civil Code sections 3333.4(A)(2)-(3). 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. (C...

Excerpt: ... Distributors Holdings, LLC, ONesource Distributors, Evell, and EAN Holdings, LLC for negligence and negligent entrustment relating to an April 10, 2015 automobile accident. On March 29, 2018, Orange Courier filed a cross-complaint against Carrell for implied indemnity, contribution, and declaratory relief. Carrell has two separate law firms representing her—one representing her as Plaintiff and one representing her in her capacity as a cross-d...

Excerpt: ...ar Enriquez, Does 1 through 1-20, and each of them, were physicians, surgeons, or medical practitioners licensed to practice medicine and perform surgery . . .” (Complaint, ¶ 2.) On May 25, 2018, Plaintiff amended the complaint to name Edgar Enriquez, M.D. (“Dr. Enriquez”) as Doe 1. Dr. Enriquez moves to dismiss this action against him on grounds he was not served with the summons and complaint within three years. “The summons and compla...

Excerpt: ...to settle their claims <0013001100130013001100 0013000f001300130013[.00 will be allocated to Haynes and $100,000.00 will be allocated to Kim. Kim will receive $100,000.00. If approved, $40,000.00 will be used to pay attorney's fees and $984.96 will be used to pay non-medical expenses. However, The Homampour Law Firm (HLF) has agreed to reduce its total attorney's fees by $190,984.96, which will be paid to Kim, resulting in a net settlement amount...

Excerpt: ... causing him to sustain injuries. Plaintiff claimed he complied with the requirements of the Government Tort Claims Act. On March 5, 2016, Plaintiff filed a First Amended Complaint (“FAC”) including a claim for damages that was presented to County and a purported rejection of his claim for damages. However, the notice of rejection attached to Plaintiff's FAC relates to a claim for damages presented to County for alleged damage to Plaintiff's ...

Excerpt: ...ests for Admissions, Set Two; (4) Form Interrogatories, Set Two (collectively, “Outstanding Discovery”) and the depositions of Defendant's Person Most Knowledgeable (PMK) relating to employees and staffing and Defendant's PMK relating to video surveillance. Compel Responses to Written Discovery Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290...

Excerpt: ...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 seeks a trial continuance because trial counsel will be out of town for his grandson's wedding in Hawaii during the curren...

Excerpt: ...40056000300 0044004a0044004c0051[st McDonald's Restaurants of California, Inc. (“McDonald's”). McDonald's moves to set aside default. The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisi...

Excerpt: ... and complained about the issue to the property managers. Plaintiff alleges that he felt ill in 2017 and was ultimately diagnosed with fungal cryptococcal meningitis from inhaling pigeon poop. On October 26, 2018, Plaintiff filed amendments to the complaint, substituting in the Estate of Thomas Ahlborn Potase (“Estate”) and Brent Cornell, Administrator of the Estate of Ahlborn Potase (“Cornell”) for Does 1 and 2, respectively. Defendant C...

Excerpt: ... asserting claims for Motor Vehicle and General Negligence. On December 12, 2018, Plaintiff's counsel was relieved as counsel, effective on January 7, 2019 when the proof of service of the order was filed. On January 7, 2019, the City filed this Demurrer to Plaintiff's Negligence claim and served Plaintiff by mail at the address listed as her last known address in the order relieving her counsel. Plaintiff has not filed an opposition as of Februa...

Excerpt: ...Complaint (FAC) to seek punitive damages. 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 Homes v. ...

Excerpt: ...nt 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 Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.) “Although courts are bound to apply a policy of great liberality in permitting amendments to the...

Excerpt: ...te Lewis, RN, fully complied with the standard of care in her care and treatment of Plaintiff and no act or failure by Defendant was a substantial factor in causing or contributing to Plaintiff's alleged injuries. Plaintiff filed no opposition to this Motion. II. FACTUAL BACKGROUND On August 15, 2012, Arredondo presented to Foothill Presbyterian for induction of labor for a past due date. Approximately one hour later, Annette Lewis, RN (“Nurse ...

Excerpt: ... assailants. Defendant moves for summary judgment, or in the alternative, summary adjudication on grounds it did not breach any duty owed to Plaintiff. II. FACTUAL BACKGROUND Pegasus Apartments is a thirteen floor apartment building. (Undisputed Material Fact “UMF” No. 5.) Residents enter the lobby by using a key fob or by entering a code. (UMF No. 7.) Defendant hired a private security company, Star Alliance, to provide a security guard at t...

Excerpt: ...fendant”) moves to compel Plaintiff's deposition and independent medical examination. Deposition <0056000300520051000300 00150017000f00030015[018, February 20, 2018, and March 20, 2018. The deposition notices stated that Defendants Southland Transit, Inc., Los Angeles County Metropolitan Transportation Authority, and Reginald Oneil Reid would take Plaintiff's deposition. (Exh. A.) Hall Griffin Firm, counsel for Southland Transit, Inc. represent...

Excerpt: ...g service of the summons and complaint on “Electrical and Instrumentation Unlimited of Louisiana, Inc.” on Julie Stevens, Human Resources Personnel, Authorized Person to Accept Service of Process at 204 South Bernard Road, Broussard, Louisiana 70518. However, “Electrical and Instrumentation, LLC” and “Electrical and Instrumentation Unlimited of Louisiana, LLC” (“Moving Parties”) state they were erroneously served with the summons ...

Excerpt: ...ert designations was due on October 29, <000300030033004f004400 0044005600030057005a[o attorneys and his handling attorney was out of state from October 25, 2018 until November 5, 2018. (Honey Decl., ¶ 5.) On November 5, 2018, counsel spoke with co-counsel and realized Plaintiff's expert designation had not been sent out. (Honey Decl., ¶ 6.) There was a miscommunication between Plaintiff's two attorneys which prevented the expert designation fr...

Excerpt: ...ied Plaintiff's motion for leave to amend. On August 28, 2018, the Court denied Plaintiff's motion to set aside dismissal. On October 18, 2018, Plaintiff filed a Notice of Appeal. On October 26, 2018, Plaintiff filed a Writ Petition. Trial in this matter is currently set for April 15, 2019. Plaintiff requests a discretionary stay of proceedings until the Writ and Appeal are decided. If a moving party desires that a trial be stayed pending an appe...

Excerpt: ...4.1, (6) negligence, Government Code sections 815.2, 815.6, 820, (7) dangerous condition of public property, Government Code sections 830, 835, 840.2, and 840.4, and (8) negligent hiring. Upon filing the Complaint on December 24, 2015, Plaintiff also filed an Application for Appointment of Guardian Ad Litem, as Plaintiff was a minor at the time the lawsuit was filed. Plaintiff applied twice and was rejected both times on January 6, 2016 and April...

Excerpt: ... was <004f004800470003004400 00490003005600480055[vice showing service of the court's order on Plaintiff. On June 12, 2018, the Court granted Defendants' motion to compel Plaintiff's deposition. (Motion, Muench Decl., ¶ 11, Ex. H.) The Court ordered that a Notice of Ruling and Deposition Notice must be served on Plaintiff directly. On June 19, 2018, Defendants served a “Notice of Court Ordered Deposition” on Plaintiff, setting his deposition...

Excerpt: ... was <004f004800470003004400 00490003005600480055[vice showing service of the court's order on Plaintiff. On June 12, 2018, the Court granted Defendants' motion to compel Plaintiff's deposition. (Motion, Muench Decl., ¶ 11, Ex. H.) The Court ordered that a Notice of Ruling and Deposition Notice must be served on Plaintiff directly. On June 19, 2018, Defendants served a “Notice of Court Ordered Deposition” on Plaintiff, setting his deposition...

Excerpt: ...ction of business records on third parties L.A. Care Health Plan and Planned Parenthood. Plaintiff now moves to quash or narrow those deposition subpoenas.[1] <0048000300560048004600 001a00110014000f0003[subd. (a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably...