Excerpt: ...scovery cutoff dates were also continued to be based on the new trial date. When trial was continued to December 4, 2019 and then to January 24, 2020, the Court did not continue the discovery cutoff dates, which had already passed. Plaintiff moves to re-open discovery in order to produce her expert for deposition. Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th...

Excerpt: ...gle cause of action for negligence. Defendants demur to the Plaintiffs' negligence claim on the grounds that it fails to state facts and is ambiguous, unintelligible, and uncertain. Defendants further demur on the grounds that there has been a misjoinder of parties and because the action is barred by the statute of limitations. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleadin...

Excerpt: ... summons, contending Plaintiff had knowledge of his identity and involvement at the time of the accident, thereby rendering Plaintiff's substitution improper because the statute of limitations had expired on December 8, 2017. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to name a Doe in a complaint, and then when the true name is discovered, amend the complaint. “Section 474 provides a metho...

Excerpt: ...f did not oppose the motion. On September 25, 2019, this Court granted the motion and ordered Plaintiff to provide responses to the Form Interrogatories and pay monetary sanctions within 20 days. Defendants served a notice of ruling on September 27, 2019. Defendants did not receive responses. On November 13, 2019, Defendants filed this motion terminating sanctions for Plaintiff's failure to adhere to the Court's order. Plaintiff did not oppose th...

Excerpt: ... continuance from September 12, 2019 to December 10, 2019, which was granted. The ex parte application also sought to continue the fact discovery cutoff date, but because fact discovery had already closed, the Court informed the parties that a noticed motion was needed to reopen fact discovery. The Court based the expert deposition and motion cutoff dates on the new trial date. On November 8, 2019, Defendants applied ex parte for a trial continua...

Excerpt: ...e discovery responses. Defendant moved to compel. Plaintiff did not oppose and did not appear at the hearing. On September 20, 2019, this Court granted Defendant's motion to compel Plaintiff's responses to Defendant's Form Interrogatories, Set One, and Request for Production of Documents, Set One, and ordered Plaintiff to serve responses and pay monetary sanctions within 20 days. Defendant served a notice of ruling on September 23, 3019. Plaintif...

Excerpt: ...ted the road. (UMF No. 9.) No work orders were generated for repairs on October 26, 2017. (UMF No. 10.) On May 7, 2018, Plaintiff filed this action against Defendant and others for dangerous condition of public property pursuant to Government Code section 835 et seq. and for vicarious liability pursuant to Government Code section 815.2. Defendant moves for summary judgment or summary adjudication on the grounds that: (1) Defendant lacked actual o...

Excerpt: ...tion on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action, and that the second cause of action for intentional tort is vague, ambiguous, and uncertain. Defendant also moves to strike Plaintiff's request for punitive damages. 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,...

Excerpt: ...red owner of the car and an affiliate of Zipcar. (UMF Nos. 4, 5.) On September 26, 2018, Plaintiff filed this action against Defendant alleging negligence. Defendant moves for summary judgment on the grounds that vicarious liability is precluded by the Graves Amendment, Defendant did not negligently entrust Bharganwar with the vehicle, there is no cause of action for product defect, and the vehicle involved was not defective. II. LEGAL STANDARDS ...

Excerpt: ...cation shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, subd. (f)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ. Proc., § 437c, subd. (f)(2).) In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues...

Excerpt: ...he area at 18:31:58 and falls at 18:32:04. On March 19, 2018, Plaintiff filed this action alleging she fell due to negligently maintained premises and that Defendant failed to make the premises safe or warn her of the dangerous condition. Defendant moves for summary judgment on the grounds that Plaintiff cannot establish a triable issue of fact as to whether Defendant had actual or constructive notice of the dangerous condition. II. LEGAL STANDAR...

Excerpt: ...n to the motion and did not serve responses to Defendant's Form Interrogatories. On October 1, 2019, the Court granted Defendant's motion to compel and ordered Plaintiff to serve responses within 20 days and pay sanctions of $210.00 within 20 days. On October 2, 2019, Defendant served a notice of ruling on Plaintiff. Plaintiff did not serve the discovery responses or pay the sanctions. Defendant filed this motion on October 24, 2019 for terminati...

Excerpt: ...and $256,080.86 will be used for non-medical expenses, leaving a balance of $1,526,293.13 for Claimant. Of the amount for Claimant, $772,504.27 will be invested in an annuity and $753,788.86 will be paid or transferred to the trustee of a special needs trust (“SNT”). Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court finds the settl...

Excerpt: ..., 2019, Plaintiff filed a first amended complaint (“FAC”) adding three causes of action for assault, battery, and false imprisonment. Defendant moves for summary adjudication of the assault, battery, and false imprisonment claims on the grounds that they contradict the facts pled in the original complaint and Plaintiff's discovery responses and are barred by the one-year statute of limitations. Defendant also moves for summary adjudication of...

Excerpt: ..., for negligent entrustment and negligence per se. Andres and Gianmar (collectively, “Defendants”) move for summary judgment of the causes of action for negligent entrustment and negligence per se. II. FACTUAL BACKGROUND On May 26, 2018, a motor vehicle accident involving Plaintiff and Alfredo occurred at approximately 4:50 a.m. (UMF No. 1.) At the time of the accident, Alfredo was 18 years old and driving a 2009 Toyota Prius registered to An...

Excerpt: ...ifornia Code of Civil Procedure section 474 to substitute Samuel Tereso for a previously named fictitious defendant. Samuel Tereso moved to quash service of summons, but his motion was denied on November 19, 2019. On October 1, 2019, Plaintiff filed this motion for leave to file amended complaint to add Luis Tereso as a defendant and to add the allegation that Luis was driving the vehicle at the time of the collision. Plaintiff attached a copy of...

Excerpt: ...ack by Defendants' dogs on Anna and Plaintiffs' dogs. Defendants seek to strike the request for punitive damages. 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 or any part of any pleading not drawn or filed in conformity with California law, a court rule, or an order of the court. (Code Civ. Proc., § 436, subd. (a), subd. (b).) An immaterial or irr...

Excerpt: ...various medical providers and custodians. Plaintiff moves to quash the subpoenas on the grounds that they are overbroad and violate Plaintiff's constitutional right to privacy. Defendants did not oppose. When a plaintiff puts her health and physical condition at issue, the privacy and privileges that normally attach to such sensitive information are “substantially lowered by the very nature of the action.” (Heller v. Norcal Mutual Ins. Co. (1...

Excerpt: ...o the Complaint on the grounds that it does not allege facts sufficient to states a cause of action for general negligence. II. DISCUSSION 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 c...

Excerpt: ...its favor or, in the alternative, summary adjudication of the First Cause of Action for Negligence and Fourth Cause of Action for Loss of Consortium, the two causes of action alleged against OFA. Kawcyznski and Plaintiffs oppose the motion. II. FACTUAL BACKGROUND On February 20, 2016, Kawczynski and Richard Evans were involved in a three vehicle collision in San Pedro. (Defendant's Undisputed Material Facts (“UMF”) No. 1.) Kawczynski was the ...

Excerpt: ...s fair and the pavement was dry. On July 2, 2018, Plaintiff filed this action against defendant City of Pasadena (“Defendant”) for damages. Defendant moves for summary judgment on the grounds that the pull box did not constitute a dangerous condition and that it did not have actual or constructive notice of the condition. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify t...

Excerpt: ...wing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “A party may move for summary adjudication as to one or more cau...

Excerpt: ...e Huang at a party at Defendants' house. Defendants demur to the causes of second and third causes of action and move to strike portions of the complaint. Plaintiffs did not oppose. II. DISCUSSION Plaintiffs allege that at a party at Defendants' home, Defendants furnished alcohol to minors, including Plaintiff Jules who became intoxicated. Plaintiff Jules and another guest started arguing and pushing each other. Then Defendant Jesse and two other...

Excerpt: ...sed City, County, and Los Potros. On May 22, 2018, Plaintiffs amended their complaint to add the Estate of Latham Bell (“Defendant Estate”) as a defendant. On May 4, 2017, Plaintiff Lilia was standing outside Los Potros Restaurant near the outside seating area waiting to purchase food. Defendant Bell, a school teacher with LBUSD, caused the vehicle he was driving to enter onto the sidewalk and penetrate Los Potros Restaurant's metal fence and...

Excerpt: ...o fall from the scooter. Lime moves to compel arbitration. No party opposed the motion. “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 agreement to arbitrate the controversy exists, unless it dete...

Excerpt: .... After the deposition, on July 25, 2019, the LAPD produce body camera footage of the incident's aftermath. Plaintiff seeks to compel the second deposition of Defendant to ask about the footage, in particular statements Defendant made that were recorded by the body camera. Plaintiff argues that the footage was not available at the time of the deposition, and Plaintiff was not sure the footage existed until after the deposition. Defendant opposes ...

Excerpt: ...torney's fees, and $17,948.80 will be used for non-medical expenses, leaving a balance of $489,051.20 for Claimant. $3,000 in holdback expenses are for payment to the trust attorney. Of the amount for Claimant, $400,000 will be invested in an annuity and $85,192.94 will be paid or transferred a pooled special needs trust (“SNT”). Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3...

Excerpt: ...en he was hit by Defendant's vehicle driven by Defendant's employee, Estero. Plaintiff stated in discovery he owned the vehicle, the vehicle was not insured, and he did not possess financial responsibility for the vehicle on the day of the accident. (UMF Nos. 3, 4, 9.) Defendant moves for summary adjudication on the issue of non- economic damages. Defendant contends Plaintiff is not entitled to recover non-economic damages for pain, suffering, in...

Excerpt: ... breach of implied-in-law covenant of good faith and fair dealing; and common count. Plaintiffs allege that Yang went to speak with Lin at Lin's business, Candle 88, relating to $229,559.55 in unpaid invoices owed to TSC. Lin demanded a significant discount on the amount owed and requested to return some of the items invoiced to Candle 88. Yang refused to agree to a discount or accept any returns and attempted to leave. Lin grabbed Yang by her le...

Excerpt: ...xteen subpoenas on Plaintiffs' medical providers seeking medical, billing, and radiological records. Plaintiffs served objections on September 9, 2019. Plaintiffs filed this motion to quash on September 13, 2019, arguing that the subpoenas are overbroad and violate Plaintiff's right of privacy. When a plaintiff puts her health and physical condition at issue, the privacy and privileges that normally attach to such sensitive information are “sub...

Excerpt: ...efault on April 7, 2016. Plaintiff's counsel states that on November 30, 2016 her office received a phone call from a person at Iguanas about insurance coverage. Through 2016, Plaintiff sought to obtain a judgment and a writ of execution. Plaintiff's counsel states on January 9, 2017, she received a call from Nancy Guzman about insurance. In 2017, Plaintiff sought to amend the complaint to add Nancy Guzman as a defendant. On August 4, 2017, Plain...

Excerpt: ... issued a deposition subpoena for production of business records to Methodist Hospital in Arcadia with a production date of September 30, 2019. Defendant served objections on September 3, 2019. The subpoena sought all medical records, medical bills, intake forms, photos, and absence-from-work forms for Defendant's visit to the emergency room on December 12, 2014, as well as those created after his visit and any other medical records about Defenda...

Excerpt: ...sued as “Ralphs Grocery Company, Inc.”) (“Defendant”) and confirmed that she was injured from the incident and was pursuing a bodily injury claim. On December 5, 2016, Plaintiff's counsel sent a preservation letter to the claims handler requesting preservation of the video surveillance tapes relating to the date of the incident. The claims handler sent an acknowledge of receipt on December 7, 2016. On July 3, 2018, Plaintiff filed this ac...

Excerpt: ...mberly sustained on June 18, 2015. A parking lot gate lowered and hit her head while she was leaving on foot through the vehicular exit of the parking lot after a car had activated the gate. Defendant moves for summary judgment on the grounds that Plaintiff cannot demonstrate a triable issue of material fact as to the required elements for the claims. Defendant contends that it was not negligent, gave adequate warnings, and had no notice of any d...

Excerpt: ... by STS. STS filed a cross-complaint against Ortega for indemnity, apportionment and declaratory relief with respect to claims against it by Sparrow. Sparrow and Ortega reached a settlement regarding any claims Sparrow may have against Ortega arising out of the accident and submit this application for good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 8...

Excerpt: ... then filed a First Amended Complaint. Defendant moves to strike punitive damages allegations. Punitive damages may be imposed where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code, § 3294, subd. (a).) “Malice” is conduct intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on with a willful and conscious disregard of the...

Excerpt: ...eek when she fell into the wash basin and sustained serious injuries. Plaintiff alleges that there was fencing along the road adjacent to the Compton Creek that would have prevented her fall, but the Los Angeles Sheriff's Department cut the fencing on August 25, 2016, and the fencing was never repaired. On August 5, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant County demurs to the FAC on the grounds that the ...

Excerpt: ...Defendant's rejection of Plaintiff's claim form submitted pursuant to the Government Claims Act. Defendant contends that on July 5, 2017, the California Department of General Services Government Claims Program (“GCP”) received a claim dated June 30, 2017 by Jacob Emrani on behalf of Plaintiff. (Defendant's Undisputed Material Fact (“UMF”) No. 1.) On July 25, 2017, GCP deposited a letter in the mail rejecting Plaintiff's claim addressed to...

Excerpt: ...of him. Plaintiff filed a first amended complaint (“FAC”) on September 17, 2019 alleging three causes of action for motor vehicle, general negligence, and negligent entrustment. LACMTA demurs. 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...

Excerpt: ...sing from a motor vehicle versus motorcycle accident occurring on October 10, 2016. At the time of the accident, Defendant Alyssa was operating a Honda Civic and carrying three passengers, including Plaintiffs Defendants Jennifer and Alyssa seek a mental examination and a second physical examination of Ohern. Plaintiff was previously examined by Barry I. Ludwig, M.D. (“Dr. Ludwig”), a neurosurgeon, who performed orthopedic, neurological, and ...

Excerpt: ...re unavailable, and that Defendant could not travel to the noticed location due to medical and accessibility issues at Plaintiff's counsel's office. On August 15, 2019, Plaintiff's counsel insisted the deposition proceed at his office and requested deposition dates by August 21, 2019. Defense counsel provided dates in September 2019 and proposed that Plaintiff's counsel reserve a parking space for Defendant because Defendant needed to use a walke...

Excerpt: ...ion was barred by the statute of limitations. The Court granted Marta's motion on August 23, 2019. The Court explained in detail the undisputed evidence established that at the time of the accident, Plaintiff knew Marta was the driver of the car that hit Plaintiff. Indeed, Plaintiff admitted in discovery responses, “Plaintiff was provided information regarding Marta on the date of accident.” The undisputed evidence also showed that shortly af...

Excerpt: ... custody, control and supervision of Defendant. Defendant demurs to on the grounds the complaint fails to state a cause of action and moves to strike punitive damages allegations and the prayer for relief for punitive damages. Plaintiff filed no oppositions. 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, Pierc...

Excerpt: ...ient to witnesses and serve the interests of justice. Plaintiffs oppose the motion on the grounds that Defendants are forum shopping and have not demonstrated that a transfer is more convenient for witnesses. The court may, on motion, change the place of trial when the convenience of witnesses and the ends of justice would be promoted by the change. (Code Civ. Proc., § 397, subd. (c).) However, “[i]t is well settled that a motion for change of...

Excerpt: ...o bifurcate issues of liability and 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 to be held, or, in other cases, no late...

Excerpt: ...he grounds it did not create or have notice of the allegedly dangerous condition. 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 whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade To...

Excerpt: ...an automobile collision with a bus operated by MV Transportation, Inc. (named as Doe 1), driven by MV employee, Michelle Taylor. Defendants served a notice of deposition of the person most qualified (“PMQ”) at Fardad Mobin, M.D.'s office on July 10, 2019, with a deposition subpoena for the production of documents. The notice of deposition identifies 24 categories of testimony regarding various policies and practices, including for medical bil...

Excerpt: ...le (“DMV”) requesting “[a]ny and all records” pertaining to Plaintiff, and “[a]ll writings . . . which reference or reflect any aspect of [Plaintiff's] driving record, driving privileges, and/or driving restrictions,” including “all printouts, lists, license status, records of accidents, vehicle history, license suspension or revocation or limitation, or any other aspect of driving.” Plaintiff moves to quash the subpoena on ground...

Excerpt: ...gently designed, manufactured, installed and maintained to rotate beyond 180 degrees without a safety catch to prevent injuries to people standing behind it.” (Complaint, ¶ 13.) Plaintiff was standing next to the machine when the user of the machine released the machine arms, which swung “more than 180 degrees behind said machine without any warning or mechanism to protect individuals like plaintiff who stood behind the machine.” (Ibid.) P...

Excerpt: ...er student (“Jonathan,” named as Doe Defendant 51) on October 24, 2018. The complaint alleged only negligence and NEID against Defendant South Pasadena Unified School District (“Defendant”). Plaintiff alleged Jonathan is a special needs student who was supposed to be supervised by a companion or attendant employed by Defendant at all times, but that Defendant negligently failed to supervise Jonathan, allowing Jonathan to attack Plaintiff....

Excerpt: ...ct (“UMF”) Nos. 1- 2.) Defendant moves for summary judgment on the grounds that Plaintiff cannot prove Defendant had actual or constructive notice of the alleged dangerous condition, and that any dangerous condition was open and obvious to Plaintiff. 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 whether the moving party...

Excerpt: ... the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the par...

Excerpt: ...nlimited 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.) In ruling on a motion to reclassify, the Court may not properly “trespass into the province of the trier of fact” and in particular, “pain ...

Excerpt: ...esses, 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 to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede ...

Excerpt: ...order under Code of Civil Procedure section 2019.030 limiting Defendants to one medical examination and no psychological examination. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff. (Code Civ. Proc., § 2032.220, subd. (a).) Where any party seeks to obtain discovery by a physical examination other than that described in Section 2032.220, or by a mental...

Excerpt: ... Plaintiff then filed this motion for reconsideration asking the Court to consider several documents – three default judgment packages – that were not part of the case record and which Plaintiff had not filed with his opposition to the motion to dismiss. The Court will assume that the motion for reconsideration satisfies the requirements of Code of Civil Procedure section 1008 and reconsiders the September 9, 2019 decision in light of the add...

Excerpt: ...aught fire from a cigarette and caused Jonkey's unit to burn, leading Joseph to suffer smoke inhalation injuries. Helena asserts a loss of consortium claim from those injuries. Plaintiffs also suffered property damage. Plaintiffs filed this action against defendants New Vista Nursing Operator, LLC, Desoto LTD, LLC, and Does 1 to 10 alleging causes of action for general negligence, premises liability, and loss of consortium. Plaintiff named defend...

Excerpt: ...d and operated by the defendants and pleads six causes of action: assault and battery, intentional infliction of emotional distress, negligent hiring/retention/supervision, negligence, false imprisonment, and alleged violation of the Bane Act. Defendant demurs to all six causes of action on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of ...

Excerpt: ...then filed a Second Amended Complaint (“SAC”) on August 26, 2019. The allegations in the SAC are largely the same as the FAC. Plaintiff alleges Defendant Nadine Ali Elhor's vehicle hit Plaintiff's vehicle, and that the County and City attempted to transport the plaintiff to the hospital but failed to secure Plaintiff on the stretcher so Plaintiff fell off the stretcher and was injured. Plaintiff adds the allegation that Defendant County wrong...

Excerpt: ...laint against Southland Transit and Raza for indemnification, equitable apportionment, and declaratory relief. On June 12, 2019, Plaintiff amended her complaint to add a claim against Jillian Sanders. At the time of the incident, Plaintiff was a passenger in a medical transportation vehicle owned by Southland Transit and driven by Raza. Jillian Sanders was driving a 2014 Ford Mustang owned by Angelia Sanders when the Mustang collided into Southla...

Excerpt: ...t for those deposition subpoenas, the scope of relevant of discoverable documents would reach back to January 1, 2010. On August 6, 2019, Defendant served another deposition subpoena on Cedars-Sinai Medical Center (“Cedars-Sinai”). Plaintiff objected that it sought the production of Plaintiff's records from birth to present. On September 3, 2019, Plaintiff served a met and confer letter explaining her objections and proposed that the document...

Excerpt: ...laintiff filed a First Amended Complaint (“FAC”). Defendant demurred and moved to strike portions of the FAC. One June 27, 2019, the Court overruled the demurrer to the first cause of action, sustained the demurrer to the second and third causes of action with leave to amend, and denied the motion to strike punitive damages. On August 21, Plaintiff filed a Second Amended Complaint (“SAC”) and subsequently dismissed Craig from the action. ...

Excerpt: ...ting to a laparoscopic cholecystectomy performed on August 25, 2016. Plaintiff alleges Defendants left a foreign body having no medical purpose within her body. Dr. Mehrizi and Dr. Tran now move for summary judgment on grounds that Plaintiff's claim is time-barred, and they did not violate the applicable standard of care. Plaintiff did not file an opposition. II. FACTUAL BACKGROUND Plaintiff filed this Complaint on July 27, 2018 (UMF No. 1) with ...

Excerpt: ...d requests for attorneys' fees. Plaintiff did not file an opposition. 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., § 436, sub...

Excerpt: ...e 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., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not esse...

Excerpt: ...e Sanjeewa Pilana Vithange (“Vithange”), drove the car and became involved in a car accident with plaintiff Jamie Preston (“Plaintiff”). On April 27, 2018, Plaintiff filed this action for personal injury against Vithange and Defendant. The form complaint contains boilerplate allegation that each defendant was negligent in their use, operation, control, entrustment, management, maintenance, inspection and repair of the vehicle. The form co...

Excerpt: ...nt to the FAC as conclusory and not sufficient to support a request for punitive damages. 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., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage ...

Excerpt: ...y by a physical examination other than that described in Section 2032.220, or by a mental examination, the party shall obtain leave of the court. (Code Civ. Proc., § 2032.310, subd. (a).) A mental examination shall be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders....

Excerpt: ... as to Plaintiff's Third Cause of Action and sustained with leave to amend as to Plaintiff's Fourth Cause of Action. The Motion to Strike (not initial pleading) filed by Rasier, LLC and Uber Technologies, Inc. on 09/23/2019 and Motion to Strike (not initial pleading) filed by Farhat Shakilur Rahman on 09/30/2019 are denied as moot. BACKGROUND On February 14, 2019, Plaintiff Natalie Ojeda (“Plaintiff”) filed a complaint against Defendants Loui...

Excerpt: .... That same day, the parties stipulated to strike the second cause of action for breach of fiduciary duty and the claim for punitive damages. Thus, the only issues left for the Court to address are the claims for battery and fraud. Plaintiff alleges that in April 2017, he consulted with Defendant and underwent dental surgery which was conducted in a negligent fashion. Defendant allegedly acted below the standard of care and knowingly operated on ...

Excerpt: ...ed a First Amended Cross- Complaint (“FACC”) against Liberty for equitable and express indemnity, contribution, and declaratory relief. NMS alleges it had an agreement with Liberty for Liberty to “provide maintenance, cleaning and janitorial services for the area which is the subject of Plaintiff's alleged accident.” (FACC, ¶ 7.) NMS attached a copy of the agreement to the FACC as Exhibit A. Exhibit A also contains a “hold harmless” ...

Excerpt: ...ril 11, 2019, Plaintiff requested leave to amend her complaint to name Lyft, Inc. as a defendant after erroneously naming Lyft Enterprise, Inc. Lyft, Inc. (“Defendant”) now demurs on the grounds that the claims are barred by the statute of limitations and the complaint does not state sufficient facts to constitute a cause of action against Defendant. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be susta...

Excerpt: ...iff suffering from spastic quadriplegic cerebral palsy, delays in motor function and dysarthria. On August 5, 2019, Plaintiff filed a notice of settlement. On August 28, 2019, Plaintiff filed a petition to approve minor's compromise of disputed claim. On September 12, 2019, the court continued the hearing to October 24, 2019 to allow the Probate Department to review and provide recommendation on the petition's proposed special needs trust. Trial ...

Excerpt: ...eased, entrusted and/or controlled their vehicle and caused a collision with Plaintiff's vehicle on September 29, 2016. Plaintiff alleged he suffered serious injuries and harm as a result of Defendants' negligence. On January 16, 2019, Hairapetian filed an answer to the complaint. On March 6, 2019, Plaintiff filed an Amendment to Complaint, naming Defendant Mania Amranian (“Amranian”) as DOE 1. On April 10, 2019, Amranian filed an answer to t...

Excerpt: ...December 2, 2016, plaintiff Ramon Sanders (“Plaintiff”) tripped and fell over a protruding object located on the first floor parking lot of the Property. Plaintiff sustained injuries, filed a worker's compensation action, received about $30,000 for her injuries. On February 27, 2018, Plaintiff filed this action against Chase for premises liability. On September 24, 2018, Chase filed a claim with the County stating that the County was responsi...

Excerpt: ... there is no triable issue of fact respect to the standard of care provided in connection with Ms. Cowan's medical care. II. FACTUAL BACKGROUND On December 18, 2015, decedent was a 72- year old woman who was admitted to Torrance Memorial Medical Center (““TMMC”) for an endoscopic retrograde cholangiopancreatogram (“ERCP”) to be performed by Dr. Eysselein. (UMF No. 2.) Ms. Cowan had had recurrent episodes of pancreatitis and had develope...

Excerpt: ...on Plaintiff's face without her consent on November 5, 2016. On September 13, 2019, Defendants Carlos Perez (“Perez”) and Elastic People, Inc. (“Elastic People”) (collectively “Defendants”) filed the instant demurrer to the complaint and motion to strike. Plaintiff filed an opposition to the demurrer on October 7, 2019. Defendants filed a notice of non-opposition to the motion to strike and a reply to the opposition to the demurrer on...

Excerpt: ...when he was crossing the street as a pedestrian, and alleges causes of action for negligence – motor vehicle; negligence – general; negligence – per se; negligent hiring, retention, training and supervision; negligent infliction of emotional distress; intentional infliction of emotional distress; and battery. Trial is set for January 12, 2021. REQUEST FOR RELIEF Defendants demur to the Third and Fifth Causes of Action of the Complaint for n...

Excerpt: ...eath on behalf of Claimant. The entire case settled for $650,000, with $250,000 representing the maximum damages permitted by Code of Civil Procedure section 3333.2 (MICRA) and section 377.60. The Petition requests that third of the non-economic damages of $250,000 be allocated to Claimant without reduction for attorneys' fees and costs. The attorneys' fees on the entire settlement is $166,398.25 and the non-medical costs are $28,718.16. There ar...

Excerpt: ...on on September 20, 2019 to strike allegations for punitive damages as well as other miscellaneous 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 a...

Excerpt: ...ed Sports Media Group, LLC, which was insured by moving party Technology Insurance Company (“TIC”). The Worker's Compensation Appeal Board found that TIC was responsible for worker's compensation benefits as Plaintiff's injuries were industrial. Plaintiff proceeded to prosecute his third party claim against the defendants in this action, who denied all liability. The case was actively litigated and prepared for trial. In late July 2019, the p...

Excerpt: ...t prejudice. On June 19, 2019, Plaintiff filed a motion to set aside dismissal due to attorney mistake and inadvertence. On July 12, 2019, the court denied Plaintiff's motion to set aside the dismissal because the motion was not timely filed within six months of dismissal as required by Code of Civil Procedure section 473(b). On August 7, 2019, Plaintiff filed a motion to set aside the dismissal based on extrinsic mistake or fraud. “Apart from ...

Excerpt: ...opedic examination and one neurological examination. Defense counsel agreed to cover reasonable travel costs as the examinations are more than 75 miles from Plaintiff's residence. Defendants Ruben Pineda, and Pineda Transport, Inc. move to compel Plaintiff to attend an orthopedic examination of the spine, an orthopedic examination of the shoulder, a neurology examination, and a neuropsychology examination. In any case in which a plaintiff is seek...

Excerpt: ...February 14, 2017. Defendants demur to the second cause of action for negligent infliction of emotional distress as to both plaintiffs. 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: ...igence, medical battery, loss of consortium, and negligent credentialing-retention, arising from care and treatment Mr. Fuentes received on or around February 16, 2017 at St. Francis Medical Center. Defendants demur to Plaintiffs' cause of action for negligent credentialing because it is uncertain and duplicative of the claim for medical negligence, and because Plaintiffs have failed to plead facts to support the claim presumably based on Elam v....

Excerpt: ...he physician defendants. Plaintiff alleges that as a result of medical procedures, he suffered a punctured bladder and kidney damage. He also alleges he became septic, overdosed on narcotics, and fell into an opiod induced coma. <004700030057004b004c00 00560003005200490003[action for lack of informed consent and medical battery. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleadi...

Excerpt: ...nvenience 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 to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part there...

Excerpt: ... an orthopedic surgeon. On June 7, 2019, Defendant served Plaintiff with a demand for physical examination with Dr. Kiester. Plaintiff objected to the demand and conditioned her appearance on not permitting Dr. Kiester to have a female medical assistant or chaperone present during the examination. Defense counsel explains that Dr. Kiester's policy is to have a female medical assistant to act as a chaperone when treating female patients to prevent...

Excerpt: ...ctober 6, 2016, Plaintiff was admitted to Casa Colina to undergo a Makoplasty to her right knee. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1, 18.) She was assessed by nursing in the post anesthesia recovery unit and in her room from October 6, 2016 through <00550003001c000f000300 00110003002b0044004f[e performed a four- compartment fasciotomy, and Plaintiff was placed in the intensive care unit. (UMF Nos. 9, 26.) On October 10, 2016,...

Excerpt: ...ity Village Apartments, located at 3150 Sawtelle Boulevard. The City and the Regents each filed cross-complaints against the other for equitable relief, indemnification and apportionment of fault. The Regents move for summary judgment on the grounds that Plaintiff cannot raise a triable issue of fact as to the existence of a dangerous condition caused by or within the Regents' control and that the dangerous condition was trivial. II. FACTUAL BACK...

Excerpt: ...ce in this case. On June 28, 2018, Plaintiff served Form Interrogatories, Set One on Defendant Cuevas by mail. Defendant Cuevas did not respond. After two meet and confer letters, Plaintiff moved for an order compelling responses and requested monetary sanctions. The Court granted Plaintiff's unopposed motion to compel on April 5, 2019 and ordered Defendant to served verified responses without objections within 20 days and pay monetary sanctions....

Excerpt: ...Plaintiff seeks leave to file a Third Amended Complaint (“TAC”). 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 gr...

Excerpt: ...laintiff's counsel's motion to be relieved on April 18, 2019. On May 14, 2019, Defendant propounded Form Interrogatories, Set Three, Requests for Production, Set Three, and Requests for Admission, Set Three. Responses were due on June 18, 2019. Defendant did not receive responses and filed motions to compel written responses to the document requests and interrogatories. On July 25, 2019, the Court ordered Plaintiff to respond <0050005300520056004...

Excerpt: ...nomy 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 to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any pa...

Excerpt: ...sanctions within twenty days or on another date to which the parties agreed. Defense counsel served a notice of ruling on Plaintiff on July 22, 2019. Defendant noticed Plaintiff's deposition for August 5, 2019. (Declaration of Oliver J. Vasquez, ¶ 7, Ex. A.) Plaintiff failed to appear for his deposition. (Vasquez Decl., ¶ 8, Ex. B.) Defendant then brought this motion, serving Plaintiff on August 30, 2019. Where a party fails to obey an order co...

Excerpt: ...ntained, designed, installed, built, managed, supervised, inspected and/or otherwise controlled a Trader Joe's grocery store and the parking lot at 11976 Ventura Blvd., Studio City, California 91604. (FAC, ¶¶ 8- 9.) Plaintiff alleges that on October 31, 2017, Defendants created unsafe and dangerous conditions. Trader Joe's moves for summary judgment on the grounds that it did not own, possess, or control the parking lot where the incident occur...

Excerpt: ...ainst her. 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 and also consid...

Excerpt: ... and several ribs and sustained [sic] other physical and emotional injuries.” (Complaint, ¶¶ 8- 9.) Defendants demur to Plaintiff's first cause of action for strict liability on the grounds that it fails to state sufficient facts to state 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, Pi...

Excerpt: ...& Petiprin, APC (“Defendant”), on a theory of respondeat superior. Defendant moves for summary judgment on the grounds that Mr. Spreter was not acting within the course and scope of employment at the time of the incident. 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 whether the moving party has negated the opponent's c...

Excerpt: ...intiff and Defendant, and a one-page description of allegations. Plaintiff alleges that on July 15, 2015, he was a bus driver for Defendant when an individual “associated” with Defendant's management personnel assaulted him, causing a fractured knee cap and ligament damage. Plaintiff alleges Defendant was negligent by “refusing to properly diagnose the injurie [sic] and refusing to provide medical treatment, and the negligence continued for...