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: .... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... 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: ... 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...