Excerpt: ... only making two claims: (1) past medical specials; and (2) pain and suffering for five months. Defendants also point out that Plaintiff recently made a section 998 offer for $15,000. 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 unobtaina...

Excerpt: ... filed a demurrer and motion to strike. On August 22, 2019, Plaintiff filed a First Amended Complaint (“FAC”). Defendant filed a demurrer and motion to strike to the FAC on September 23, 2019. Demurrer A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the ...

Excerpt: ...8. Defendant Khatab allegedly had a history of violence and disruption, and as a result, District assigned a school employee to escort or monitor him. One of the employee's duties was to ensure Khatab was picked up after school by a bus every day. The Complaint alleges eleven causes of action, eight of which are directed against District, including: negligent supervision, negligent hiring and retention, acts of violence – violation of the Ralph...

Excerpt: ...intiff failed to present a timely Claim for Damages regarding her injury which allegedly occurred October 24, 2017, as asserted as an affirmative defense in its Answer. Defendant contends the first notice it received of any potential claim of injuries was upon receipt of the Complaint which was served on Defendant on August 23, 2018. (UMF No. 4.) II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analys...

Excerpt: ...ant seeks a bond of $14,295 for filing and motion fees ($495); jury fees ($1,200); depositions ($8,000); and exhibits and court reporter fees ($4,600). Plaintiff did not file an opposition. 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 Ci...

Excerpt: ...she was told by a Sephora employee that Dr. Gross Skincare's products Alpha Beta Peel and a Ferulic Acid and Retinol product were suitable for her sensitive skin. Subsequently, Plaintiff suffered burns, rashes, and blisters. When she visited the emergency room, the doctor diagnosed her with shingles. Plaintiff asserts causes of action for products liability and general negligence. After Defendant filed this motion for summary judgment, Plaintiff ...

Excerpt: ...Plaintiff's complaint on the grounds that it is time-barred, uncertain, and fails to state sufficient facts. Plaintiff does not oppose the demurrer. 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 fa...

Excerpt: ...�Doe 2”), alleging (1) premises liability, (2) negligence, (3) “negligent hiring, supervision and failure to warrant [sic],” and (4) gross negligence. Plaintiff filed a First Amended Complaint (“FAC”) on August 20, 2019. Plaintiff alleges that on June 3, 2017, she was walking through an aisle when she slipped in a puddle of water and fell, landing on the title floor. The Burlington defendants (“Defendant”) demurs to the FAC on the g...

Excerpt: ...aintiff's Action for failure to serve discovery responses after being ordered to do so. On June 17, 2019, this Court granted an unopposed motion to compel and ordered Plaintiff to served verified responses without objection to Defendant's form interrogatories (set one) and demand for inspection and production of documents (set one). Defendant served a notice of the ruling on Plaintiff's counsel. Plaintiff did not serve responses. Defendant filed ...

Excerpt: ...i; the Tacoma then rear-ended Plaintiff's car. Mr. Negata-Ha contends he rear-ended Mr. Jagielski's car because he was trying to avoid being struck by an unknown vehicle that attempted a lane change. Mr. Jagielski claims Mr. Nagata-Ha told a police officer that he sped up to prevent the unknown driver from cutting in. Mr. Nagata-Ha and Mr. Jagielski each contend the other was the precipitating cause of the collision with Plaintiff's vehicle. Plai...

Excerpt: .... 1.) He also alleges in his complaint that he complied with all claims filing requirements. (UMF No. 2.) Defendant filed an answer denying Plaintiff presented a claim. (UMF No. 3.) Defendant moves for summary judgment on the grounds that Plaintiff failed to present a timely claim. 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) determ...

Excerpt: ...e Metro Willowbrook Station platform where Ms. Jelks was attacked by an unknown third-party. Defendant demurs to the fifth cause of action for violation of Government Code section 835 on the grounds that the first amended complaint (“FAC”) 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...

Excerpt: ...[ filed a motion for leave to amend the complaint to add a cause of action for negligent entrustment and a claim for punitive damages. On September 4, 2019, Defendants filed a motion to continue the October 8, 2019 trial date to April 2020. On September 19, 2019, the Court denied the motion for leave to amend the complaint. Also on September 19, 2019, Plaintiffs filed an ex parte application to shorten time to hear a motion to augment Plaintiffs'...

Excerpt: ...a physical examination with Dr. Nicholas <0014001c00110003000300 00140018000f00030015[019, Plaintiff responded she would appear for the examination. On August 2, 2019, Plaintiff's counsel emailed Defendants' counsel that Plaintiff would not attend the examination as Plaintiff no longer had complaints. Defendants' counsel refused to take the examination off calendar. The parties met and conferred to no avail, and Defendants filed this motion on Se...

Excerpt: ...nia Labor Code section 3853 on the grounds that Plaintiff was injured while performing duties arising out of and in the course of his employment with New Roads School. ORIC asserts that at the time of the incident, New Roads School was insured for purposes of workers' compensation liability by ORIC. As such, ORIC is subrogated to the rights of plaintiff in a claim for reimbursement of workers' compensation benefits. A nonparty shall petition the ...

Excerpt: ...on in her Membership Agreement with Defendant. In the alternative, Defendant moves for summary adjudication on its Eighth and Tenth affirmative defenses. Defendant's Eighth Affirmative Defense claims Plaintiff agreed to waive any and all claims for negligence under the terms of the Membership Agreement. Similarly, Defendant's Tenth Affirmative Defense alleges Plaintiff agreed to waive any and all claims for ordinary negligence under the terms of ...

Excerpt: ...t 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” provision....

Excerpt: ... of treatment rendered between January 2018 and April 2018, resulting in a below-knee amputation of Plaintiff's right lower extremity. On July 11, 2019, the Court sustained Defendants' demurrer to the second and third causes of action and granted leave to amend. Plaintiff filed his first amended complaint (“FAC”) on July 31, 219. Defendants demur again to the second and third causes of action. II. LEGAL STANDARDS A demurrer tests the legal su...

Excerpt: ...actors and property owners who were developing properties and a golf course next to Plaintiff's property. Plaintiff Carol Luft (“Plaintiff”) was a tenant at Los Colinas Apartments, which is owned by defendants Cypress-1992, Walter Griesser, and Emil Britt, Jr. (collectively, “Property Owner Defendants”). Plaintiff alleges that on or about January 22, 2017, Settling Defendants' negligence and heavy rainfall caused mud and water to rush dow...

Excerpt: ...d negligently by “allow[ing] the truncated domes to be worn so that the height of the truncated domes was unsafe, in a high pedestrian traffic area, with such depth, breadth and location that it could be reasonably foreseen to constitute a hazard to pedestrian traffic, and in fact was a hazardous and dangerous condition to members of the public and Plaintiff, Donna Marie DeAraujo Spratt.” Defendant moves for summary judgment on the grounds th...

Excerpt: ...6,868.87 for Claimant. If approved, the settlement will be invested in a single- premium deferred annuity, subject to withdrawal only upon the authorization of the court. Court approval is required for all settlements of a minor's claim. (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. Petitioner has not provided any supporting documents for c...

Excerpt: ...gligence relating to September 24, 2016 automobile accident. Plaintiff moves to compel Barreto's responses to form interrogatories and special interrogatories, set one, and to deem admitted the requests for admissions, set one. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultant...

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

Excerpt: ...2,335 under Code of Civil Procedure sections 1030 and 1038. Mombo has not opposed the motion. A defendant may request an order requiring an out-of-state plaintiff to post an undertaking to secure an award of attorney's fees and costs. (Code Civ. Proc., §1030(a).) The court must grant the motion if it finds: (1) the plaintiff resides out of state, and (2) there is a “reasonable possibility” that the defendant will obtain judgment in the actio...

Excerpt: ...laration indicating that he has lost contact with his client; he believes she is currently residing in Switzerland. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce docum...

Excerpt: ...ourt heard the motions by Defendant to compel Plaintiff's responses to Defendant's discovery requests. Plaintiff did not oppose the motions and did not appear at the hearing. The Court ordered Plaintiff to serve verified responses, without objection, to Defendant's form interrogatories, special interrogatories, and demand for production of documents within twenty (20) days of the date of the Order. Plaintiff was also ordered to pay Defendant $430...

Excerpt: ...by the release of liability signed by his mother in December 2014. Plaintiff contends the mother did not sign any such release. I. 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, materi...

Excerpt: ...r admission deemed admitted. Plaintiff did not oppose the motion. (Likewise, she did not respond to other discovery requests or oppose another motion to compel.) The motion was granted on November 26, 2018. On January 2, 2019, Defendant filed this motion for judgment on the pleadings of Cervantes' sole cause of action, premises liability. Again Plaintiff did not oppose the motion. “A motion for judgment on the pleadings is the equivalent of a g...

Excerpt: ...g the outcome of the criminal action against him. Foster is facing criminal charges for violation of Vehicle Code section 23152(a) – driving while under the influence of alcohol, in addition to enhancements based on past offenses and an alleged refusal to submit to a chemical test at the scene of the accident that underlies this action. Foster argues he is unable to defend this case or participate in discovery without implicating his Fifth Amen...