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

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...