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...