Excerpt: ...ses of action against them are barred by the statutes of limitations. Plaintiff's first and third causes of action are for fraud and conspiracy to commit fraud. The fifth cause of action alleges conversion of the GE Loan that Defendants misappropriated through their fraud. The sixth cause of action seeks declaratory relief, and the seventh cause of action seeks injunctive relief in the form of returning the GE Loan to Plaintiff. A demurrer for su...

Excerpt: ...); and Ted Kim (“Kim”). The FACC alleges that when Cross-Complainant began working for London Trust Media as its Chief Marketing Officer, Lee and Kim told him that part of his compensation would be in the form of “phantom stock.” (FACC at ¶¶ 1, 23-28.) As Lee negotiated the sale of London Trust to Kape, he and his family conspired to fire employees, including Cross-Complainant, for cause so they would not share the company's value throu...

Excerpt: ...) contractual fraud. On November 16, 2020, Cross-Defendants filed this demurrer and motion to strike. EVIDENTIARY OBJECTIONS Cross-Complainants' objections to arguments on pages 5 and 6 of the opposition to demurrer are overruled, as these are not evidentiary issues. The objections to Exhibits A and B of the opposition to demurrer are sustained. The objections to the Declaration of Frank Moen are overruled. DEMURRER When considering demurrers, co...

Excerpt: ...epresentation, and (6) declaratory relief. On December 15, 2020, Cross-Defendant filed this demurrer on the grounds that all causes of action fail to state sufficient facts. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Third and Fifth Causes of Action – Intentional and Negligent Misrepresentation Cr...

Excerpt: ...w & Culbertson, LLP (“Hinshaw”); and McGuire Woods, LLP (“McGuire Woods”). On November 5, 2018, Plaintiffs filed their second amended complaint (“SAC”). On January 22, 2019, the Court sustained Hinshaw's demurrer to the fourth and tenth causes of action without leave to amend and granted its motion to strike punitive damages. On October 5, 2020, the Court granted McGuire Woods' motion for determination of good faith settlement. On Oct...

Excerpt: ...n November 16, 2020, Parsons filed a demurrer. MOTION TO STRIKE Parsons' demurrer states that it is filed concurrently with Lin's and Keller Williams' motion to strike. However, Lin and Keller Williams did not file a motion to strike on November 16, 2020 or reserve their own hearing date. Accordingly, the motion to strike is denied for failure to file the motion and notice of motion. DEMURRER Parsons demurs to the first through sixth and tenth th...

Excerpt: ... from both the Court's order and from his responses. Pursuant to Code of Civil Procedure section 2033.300, subdivision (b), “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” This statut...

Excerpt: ...nlawful retaliation under Labor Code section 1102.5; (5) wrongful discharge in violation of public policy; and (6) failure to provide employee records. On October 23, 2020, Defendants filed this motion to compel arbitration and stay the action pending the completion of arbitration. Plaintiff objected to Defendants' declarations from Ana Lopez and Laura Charles that were filed with their reply. At the January 27, 2021 hearing, the Court continued ...

Excerpt: ...) In the application, Plaintiff stated that Defendant was his employer and the accident had occurred at “Job Site” when he “Fell Off From 16 Feet Height Ladder.” (Exh. C.) On March 12, 2019, the worker's compensation action was closed and a compromise and release was filed. (Exh. C.) In his June 14, 2019 deposition, Plaintiff testified he was paid money as a result of the worker's compensation action. (Exh. B, p. 65.) Defendant moves for ...

Excerpt: ...801 East Willow Street, Long Beach, CA 90815, on property owned by Defendant, and membership is open to the public. (UMF Nos. 6, 7.) On June 21, 2016, Plaintiffs Danielle Ducharme, Jamal Stokley, and minors K.S., F.S., and C.S., by and through their Guardian Ad Litem Danielle Ducharme (collectively, “Plaintiffs”) joined as new members of the Center. (UMF No. 8.) As part of joining Stokley and Ducharme received and reviewed a membership agreem...

Excerpt: ...ility based on a dangerous floor. Defendant moves for summary judgment on the grounds that it had no actual or constructive knowledge of any liquid spilled on the floor. 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 demo...

Excerpt: ...laintiff filed a first amended complaint on December 13, 2018. Defendant moves for summary judgment or, in the alternative, summary adjudication. II. FACTUAL BACKGROUND Telebrands purchases the mats from a distributor who brands, packs and ships the product to the United States. (UMF No. 2.) A paper insert containing instructions and warnings for use of the Polar Pooch accompanies the product and is enclosed inside its package. (UMF No. 9.) The w...

Excerpt: ...ng. On February 22, 2019, Plaintiffs filed a dismissal of VW Credit Leasing. Rubio answered on July 31, 2019. Rubio served a request for production of documents on Bowers on October 4, 2019, seeking a recorded statement Bowers made to his insurance company about the accident. Bowers objected, stating “Attorney client privilege and attorney client work product asserted for the recorded statement of Defendant Michael Bowers taken by Defendant's i...

Excerpt: ... alleged Defendant was the general contractor on the construction project and “owned, controlled, designed, oversaw, leased, supervised, constructed, maintained, serviced, repaired, altered, managed, improved and/or were otherwise responsible for the condition of Terminal 7.” Plaintiff alleged Defendant “failed to provide any warning that the access panel would open, and failed to provide any other reasonable safety measures, such as a rail...

Excerpt: ...e fifty days before trial. Also on August 19, 2019, the Court granted an ex parte application to continue the trial date from October 4, 2019 to November 20, 2019, based on the parties' agreement so that the parties could complete expert discovery. On August 19, 2019, Plaintiff designated Steven Burres, M.D., and Defendant designated Athleo Cambre, M.D. On October 1, 2019, the parties conducted their final exchange of expert information, with Pla...

Excerpt: ...d the building, and Sterling Residence managed it. Plaintiffs allege Defendants had a duty to maintain the roof and skylight in a safe condition and asserted causes of action for negligence, negligence per se, and loss of consortium. Defendants move for summary judgment and argue that: (1) they had no duty to maintain the roof and skylight in a safe condition because the roof was not a common area; (2) even if there was a duty, there was no breac...

Excerpt: ...elease his claims against Carlos Castillejo, among others, for “any and all actions, causes of actions, claims, demands, damages, costs, loss of services, expenses in compensation, on account of, or any way growing out of, any and all known and unknown personal injuries and intangible damage resulting or to result from or by reason of the conduct of Releasees occurring at any time prior hereto, the facts of which are related to a motor vehicle ...

Excerpt: ...application and continuing the trial, the Court stated that fact discovery was closed, the time to designate experts had passed, a noticed motion was necessary to reopen discovery, and the deadline for expert depositions was based on the new trial date. On February 13, 2020, Defendant filed this motion to reopen discovery to: (1) conduct a medical examination of Plaintiff, and (2) retain experts and submit expert designations after the exam. Reop...

Excerpt: ...dens Housing, L.P., and Marc Menowitz are collectively referred to as “Defendants.” Plaintiff Sharay Willis is allegedly Decedent's mother. Myesha Willis Terry is allegedly Decedent's “Surviving Issue.” The complaint also alleges Plaintiffs are Decedent's successors-in-interest and heirs. Plaintiffs allege an unidentified third-party shot Decedent while he was on property owned by Anaheim Gardens Housing, LLC. Plaintiffs allege Defendants...

Excerpt: ... 2019, Defendants accepted the offers and filed the accepted offers. On February 4, 2020, plaintiff Alfret Moradian filed this motion to vacate judgment pursuant to Code of Civil Procedure section 473, subdivision (b). Defendants oppose the motion. Judgment has not yet been entered pursuant to section 998. Therefore, there is no judgment to vacate. Section 472, subdivision (b) does not give a court the authority to set aside accepted 998 offers. ...

Excerpt: ... grounds the complaint fails to state facts sufficient to constitute a cause of action against him and moves to strike. Plaintiffs allege that on April 26, 2018, Dr. Malatskey “undertook the care, treatment, examination, and diagnosis” of Armstrong to “review, interpret and report on pertinent findings for a CT of the abdomen and pelvis.” (Compl., ¶ 4.) Dr. Malatskey failed to note Armstrong had a gastrointestinal stromal tumor. Plaintif...

Excerpt: ...019, Plaintiff served discovery responses in which he claimed “[h]ead trauma (blurred vision; headaches; loss of balance; speech difficulty; tremors) neck [sic], upper back, and emotional injuries (pain and suffering) secondary to orthopedic injuries.” On December 5, 2019, Defendants served a demand for an examination with Kyle Boone, Ph.D, who is a neuropsychologist. Plaintiff served objections on December 16, 2019. When a party seeks a ment...

Excerpt: ...f 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).) The court may also strike all or any part of any pleading not drawn or filed in conformity with California law, a court rule, or an order of the court...

Excerpt: ...se responses. Plaintiff filed no opposition to the motions to compel and did not appear at the hearing. On December 9, 2019, the Court granted Defendant's motions and ordered Plaintiff to serve verified responses without objections within twenty days, and to pay monetary sanctions in the amount of $611.25. Defendant served a notice of ruling on Plaintiff on December 9, 2019. Plaintiff did not serve the responses or pay the monetary sanctions as o...

Excerpt: ...d of the residence she leased to provide additional drainage to the property. Plaintiff slipped and fell and sustained injury to her back, requiring multiple surgeries. On May 20, 2019, Olympic demurred to the Complaint. On June 12, 2019, the Court sustained Olympic's demurrer on the grounds that Plaintiff did not state the address of the property at issue. Plaintiff was given ten days to file an amended complaint stating the address of the prope...

Excerpt: ...ion while working at multiple juvenile hall facilities and camps as a substitute teacher for Defendant. The second cause of action for general negligence alleges that between 2009 and 2010, Defendant failed to disclose to employees that they could be exposed to staph infections and that Defendant, York and the Workers' Compensation Appeal Board, worked together to deny her treatment, prevention and access to healthcare. The third cause of action ...

Excerpt: ...who needs a wheelchair to travel long distances. Plaintiff alleges she requested a wheelchair escort from Defendant the day before her flight and again after she arrived at the Southwest terminal, but was told no escorts were available and asked to proceed through security to her gate without an escort. Plaintiff's husband, Tim Calkins (“Calkins”), then took Plaintiff via wheelchair through Terminal 1 at LAX while also holding their carry-on ...

Excerpt: ...er Technologies, Inc. and Plaintiff was a passenger. Plaintiff alleges that Defendants were negligent by failing to collect information on the other driver who allegedly caused the collision, which has prevented Plaintiff from pursuing a personal injury claim against the driver. On January 28, 2020, Defendant Shirvanian (“Moving Defendant”) filed a demurrer pursuant to Code of Civil Procedure section 430.10(c) on the ground that Plaintiff's c...

Excerpt: ...nsel sent an email asking whether defense counsel would be amenable to continuing designations to January 7, 2020. Defense counsel did not respond by December 3, so on December 31, Plaintiff served expert designations. Eleven days later, on January 3, 2020, defense counsel wrote back stating, “Sorry for the delay. We have been in and out of the office and this email was missed. We are agreeable to continuing the designation to 1/7/20.” On Jan...

Excerpt: ... pleading once without leave of the court at any time before the demurrer is heard, the amended pleading must be filed and served no later than the date for filing an opposition to the demurrer. (Code Civ. Proc. § 472(a).) Absent leave of court, a party may only amend its pleading after the date for filing an opposition upon stipulation by the parties. (Ibid.) Neither party contends that a stipulation was in place, and Plaintiff's FAC was filed ...

Excerpt: ... on March 7, 2019. On July 23, 2019, Plaintiff dismissed Trimble. On January 7, 2020, Plaintiff obtained a default judgment against DLR. On January 23, 2020, DLR filed this motion to set aside default under Code of Civil Procedure sections 473.5 and 473(d) on grounds that it lacked actual notice and because it was not properly served. Improper Service DLR argues the default judgment is void because DLR was not properly served with the summons and...

Excerpt: ...s have already agreed that Plaintiff will undergo an examination with a neuropsychologist, Nicholas Thaler, but disagree as to whether Plaintiff may have a third-party observer present during the examination. Defendants argue that under Edwards v. Superior Court (1976) 16 Cal.3d 905, only the examiner and examinee should be present in a mental examination. Plaintiff argues a medical observer is necessary only during the interview phase to protect...

Excerpt: ...r striking pleadings, and order dismissing an action, or an order rendering judgment by default against a party, for conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a ...

Excerpt: ...ts”), asserting causes of action for negligence and premises liability. Plaintiff alleges that she slipped and fell on the floor plate at the base of an outdoor escalator at Defendant's shopping mall. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...

Excerpt: ...dication is GRANTED as to the third, fourth, fifth, sixth, seventh, eighth, and tenth causes of action. Summary adjudication is DENIED as to the first, second, and ninth causes of action. Defendants are ordered to lodge a proposed judgment of dismissal consistent with this decision. Counsel for Defendants to give notice. 2. Motion No. 12: After full consideration of the papers and evidence filed, and inferences reasonably drawn therefrom, as well...

Excerpt: ...otice. ANALYSIS The court may order a case reclassified as a limited civil case upon finding to a “legal certainty” that a judgment over $25,000 cannot be obtained. (CCP §§ 403.040(a), 86(a)(1); Walker v. Superior Court (1991) 53 Cal.3d 257, 269 (reclassification proper when “lack of jurisdiction is clear,” a sufficient verdict is “virtually unattainable,” or such a verdict “simply could not be obtained”); Ytuarte v. Superior Co...

Excerpt: ...s filed on July 26, 2018. The operative Second Amended Complaint (“SAC”) was filed on November 19, 2019. Plaintiff Mouris Ahdout (“Plaintiff”) asserts causes of action for fraudulent conveyance, creditor's suit under C.C.P. § 708.210, et seq., and avoidance of fraudulent transfers of real property against various defendants. Defendants 5461 Kester Avenue Investments LLC, 221 West Elm Investments LLC, 1121 Swall Associates LLC, 1111 Crest...

Excerpt: ...ant Roman”) and owned by the Los Angeles Unified School District (“LAUSD”). Plaintiff filed a first amended complaint asserting the following causes of action: (1) Statutory liability under Government Code section 815.2(a); (2) Reckless Misconduct/Gross Negligence/Violations of Civil Code section 1714; and (3) Negligence. Now, Defendant Roman demurs to the third cause of action, which is sustained with leave to amend. Defendant Roman also m...

Excerpt: ... attorney's fees is granted in part. The court awards Wolfsdorf Rosenthal a total of $78,263.00. Wolfsdorf Rosenthal is to provide notice. BACKGROUND This action arises out of an alleged conspiracy by Defendants to defraud investors in connection with an investment visa program under the United States Government's EB-5 investment visa program. Plaintiffs Zhao Hui Shi (“Shi”) and Jun Lu (“Lu”) seek to bring a class action on behalf of them...

Excerpt: ... Jury Trial, 8/20/19.) On November 25, 2019, Defendants filed the instant motion for attorney fees. On February 18, 2020, the parties stipulated to allow a late opposition and reply to this motion. Accordingly, the Court will consider the opposition and reply. On February 18, 2020, Defendant filed an opposition. On February 19, 2020, Plaintiff filed a reply. Evidentiary Objections Defendant objects to the entirety of the Declaration of Anthony Ng...

Excerpt: ...ce are added. (Code Civ. Proc., § 1010.6, subd. (a)(4)(B) [“[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days….”].) Thus, based on the February 25, 2020 hearing date, the petition should have been ser...

Excerpt: ...lleges seven causes of action for: 1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) breach of the implied warranty of habitability; 4) intentional misrepresentation; 5) negligent misrepresentation; 6) constructive eviction; and 7) negligence. The allegations of the Complaint arise out of a lease agreement for a high-end Hancock Park residential property located at 136 Freemont Place, Los Angeles, CA 90005 (t...

Excerpt: ...gainst Defendants Memo's Scaffolding Norwalk, Inc. and Bernard's Construction Group, Inc. for damages arising out of a workplace accident that injured Jose Luis Guzman. Jose Luiz Guzman, as plaintiff in intervention, brings claims against Memo's Scaffolding Norwalk, Inc., Bernard's Construction Group, Inc., and Selma and Vine North Hollywood LLC for damages arising out of the same accident. Selma and Vine North Hollywood LLC is the owner of the b...

Excerpt: ...ase was filed. On January 9, 2020, the Court denied Plaintiff's motion for attorney fees without prejudice. Legal Standard Attorneys' fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) In a lemon law action, costs and expenses, including attorney's fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, § 1794(d).) Section 1794 provides: If the b...

Excerpt: ...This is a negligence action. The Complaint alleges that Plaintiffs Robert Vartzar and Adena Assatoorian's (“Plaintiffs”) property sustained significant water damage cause by water intrusion due to Defendant New Star Realty, Inc.'s (“New Star”) lack of maintenance on their property including a faulty roof drainage system and piping. (Compl. ¶ GN-1.) PROCEDURAL HISTORY Plaintiffs filed the Complaint on September 12, 2018, alleging one caus...

Excerpt: ...n X on the image where the accident took place. Defense counsel objected, “this is not proper deposition technique. If there was a video, . . . I think that would be allowable, but under these circumstances, there is no video camera present. I am not going to allow my client to write on this. I think that is just not an accurate way about getting her testimony.” Deponents are not to “be prevented by counsel from answering a question unless ...

Excerpt: ...n X on the image where the accident took place. Defense counsel objected, “this is not proper deposition technique. If there was a video, . . . I think that would be allowable, but under these circumstances, there is no video camera present. I am not going to allow my client to write on this. I think that is just not an accurate way about getting her testimony.” Deponents are not to “be prevented by counsel from answering a question unless ...

Excerpt: ...or to ruling on these motions. (See Department 34 Trial Orders, part VI(B).) The Court orders the parties contact Department 34's judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference. BACKGROUND: On June 7, 2016, Plaintiff Stonewall Construction, Inc., a general contractor engaged in the business of constructing commercial and residential structures, entered into a construction contract with AME Capi...

Excerpt: ...et for July 28, 2020. PARTY'S REQUESTS Defendant moves the Court to quash service of summons on the grounds that the manner of service was defective as the substituted service was not made at Defendant's home or place of business, nor was the person who received service authorized to do so. LEGAL STANDARD “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the gr...

Excerpt: ...g Party: Plaintiffs William S. Nye, James KcKenna, Erren Gottlieb, Ablesoft, Inc., and Cascade Public Media Notice: OK Ruling: Both of Defendants' Motions to Strike and/or Quash Doe Amendments are GRANTED. Plaintiffs are not thereby precluded from seeking leave to amend under CCP §§ 472‐473. Moving party to give notice. BACKGROUND On August 23, 2017, Plaintiff William S. Nye sued Defendants The Walt Disney Company (“TWDC”), Touchstone Tel...

Excerpt: ...rmer Defendants National General Holdings Corp., and National General Insurance Company (collectively, “Former Defendants”) filed a demurrer against Plaintiffs' First Amended Complaint (“FAC”) successfully arguing that Plaintiffs had failed to sufficiently allege their claim that they were the alter ego of CNIC. On December 4, 2017, the Court SUSTAINED Former Defendants' demurrer and on January 25, 2018, entered a judgment dismissing with...

Excerpt: ...This is a negligence action. The Complaint alleges that Plaintiffs Robert Vartzar and Adena Assatoorian's (“Plaintiffs”) property sustained significant water damage cause by water intrusion due to Defendant New Star Realty, Inc.'s (“New Star”) lack of maintenance on their property including a faulty roof drainage system and piping. (Compl. ¶ GN-1.) PROCEDURAL HISTORY Plaintiffs filed the Complaint on September 12, 2018, alleging one caus...

Excerpt: ...This is a negligence action. The Complaint alleges that Plaintiffs Robert Vartzar and Adena Assatoorian's (“Plaintiffs”) property sustained significant water damage cause by water intrusion due to Defendant New Star Realty, Inc.'s (“New Star”) lack of maintenance on their property including a faulty roof drainage system and piping. (Compl. ¶ GN-1.) PROCEDURAL HISTORY Plaintiffs filed the Complaint on September 12, 2018, alleging one caus...

Excerpt: ...r and set aside its March 27, 2019 decision sustaining Stroble's discharge from employment with Real Party-in-Interest Los Angeles County Sheriff's Department (“Department”). The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Stroble commenced this proceeding on March 12, 2019. The operative pleading is the First Amended Peti...

Excerpt: ...to Engage in the Interactive Process; 6. Failure to Take Reasonable Steps to Prevent Discrimination; 7. Retaliation; 8. Violation of Unfair Business Practices Act; 9. CFRA Violations; 10. Denial of Pregnancy Leave; and 11. Interference with Pregnancy Rights. Defendants Hartford and Newcomb (collectively referred to as “Defendants”) move for an order (1) compelling Plaintiff to submit her claims to binding arbitration, and (2) dismissing the a...

Excerpt: ...to Engage in the Interactive Process; 6. Failure to Take Reasonable Steps to Prevent Discrimination; 7. Retaliation; 8. Violation of Unfair Business Practices Act; 9. CFRA Violations; 10. Denial of Pregnancy Leave; and 11. Interference with Pregnancy Rights. Defendants Hartford and Newcomb (collectively referred to as “Defendants”) move for an order (1) compelling Plaintiff to submit her claims to binding arbitration, and (2) dismissing the a...

Excerpt: ...ing defendant. Defendant moves for summary judgment on the grounds that Plaintiff's action is time-barred pursuant to Code of Civil Procedure section 340.5. II. FACTUAL BACKGROUND Plaintiff alleges Dr. Lee negligently examined, diagnosed, and treated Plaintiff and placed tooth implants that failed, requiring bone removal and subsequent bone grafts. (Compl., ¶ 5.) On April 2, 2015, Plaintiff had dental implants placed in the areas of teeth Nos.14...

Excerpt: ...ing medical providers as identified in Plaintiff's discovery responses. Plaintiff alleges she received psychological treatment as a result of her injuries. Defendant served a subpoena on Deponent but received no responsive documents. Accordingly, Defendant filed this motion to compel compliance with the subpoena. No opposition was filed in opposition. A “written notice and all moving papers supporting a motion . . . to compel production of a do...

Excerpt: ... front of gas pump #5. (Undisputed Material Fact “UMF” Nos. 1, 3.) At that time, a video surveillance system recorded the premises including pump #5. (UMF No. 2.) Two vehicles—a silver sedan (“First Vehicle”) and then a white sedan (“Second Vehicle”)—used pump #5 immediately before Plaintiff. (UMF Nos. 5, 6, 8.) According to the surveillance video, the owner of the Second Vehicle spilled gasoline onto the ground in front of or nea...

Excerpt: ...ical Center and UCLA Harbor Medical Center for medical records related to any neurological condition Defendant had from 2014 to the present. Defendant seeks to quash the subpoenas as violating his privacy and seeking irrelevant documents. Defendant contends his license was not suspended or revoked at the time of the collision, and the subpoenas for medical records are vague as to neurological conditions. Defendant fails to mention in his moving p...

Excerpt: ...ober 2019 about her condition – that she had recently had a stent. On December 19, 2019, Plaintiff issued a subpoena for Defendant's medical records related to her inability to sit for a deposition. Defendant moves to quash the subpoena as violating her privacy and irrelevant to the matters in dispute. Plaintiff contends that by “using her Medical Condition to justify why Defendant cannot sit for her deposition, Defendant has now placed her m...

Excerpt: ...l and spinal injuries. On September 13, 2019, Plaintiff was examined by her expert witness, who recommended an evaluation to rule out thoracic outlet syndrome (“TOS”). The TOS diagnosis was first confirmed on November 6, 2019 by Lawrence Miller, M.D. Defendants seek an order compelling a second medical examination with Dr. Ranjan Gupta, who specializes in TOS. “Nowhere does the Legislature specifically limit the number of available examinat...

Excerpt: ...– County of L.A. (“Deponent”) for Plaintiff's medical and billing records. On December 31, 2019, Plaintiff's counsel sent an email requesting Defendants narrow the subpoena to records for five years before the accident and limited to the body parts at issue. Defendants did not agree. A court “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall de...

Excerpt: ...se counsel Nelson & Griffin LLP and a motion for terminating sanctions. Motion to Disqualify Plaintiffs contend that Nelson & Griffin LLP should be disqualified for communicating with a third party witness, Lanier Stewart, and “illegally soliciting representation” before Stewart's deposition began. Stewart testified that just before his deposition, defense counsel asked if he wanted representation and Stewart responded that he did not know wh...

Excerpt: ... pothole causing her to fall from the scooter and sustain severe injuries. Lime moves to compel arbitration. The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. (Fagelbaum & Heller LLP v. Smylie (2009) 174 Cal.App.4th 1351, 1363.) A contract is not formed without mutual assent. (Civ. Code, §§ 1550, 1565.) “Contracts formed on the Internet come p...

Excerpt: ...oticed a gate was not rolling well. (UMF No. 8.) Plaintiff told Leanne Havner he could service the gate. At the time of the incident, Plaintiff was at the property to repair the gate. The gate was closed with Plaintiff was on the outside and Leanne on the inside. They could not see each other. (UMF Nos. 12, 13, 15.) Plaintiff did not tell Leanne not to open the gate and did not warn her that he was going to put his hand on the roller mechanism on...

Excerpt: ...ruary 8, 2017 with Lhullier. Plaintiff and Settling Defendants have agreed to settle for $27,501.00 and seek a determination of good faith settlement. No party filed an opposition. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) To demonstrate a lack of good faith, the non-settling party must show that the settlement is so far “out of the ballpark” as to be inc...

Excerpt: ...s to state facts sufficient to constitute a cause of action and is uncertain. Defendants move to strike various parts of the complaint. 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.) A demurrer may be brought if insufficient facts are stated to supp...

Excerpt: ...pushed into Plaintiff's car. Plaintiff moves to add Dr. Stepan Kasimian as an expert witness because she contends her retained expert witness, Dr. Tushar Doshi, no longer can testify due to his medical license being revoked. On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to augment that party's expert designation. (Code Civ. Proc., § 2034.610, subd. (a).) The motion is to be m...

Excerpt: ...laint (“FAC”) against Garcia and Defendant. The FAC dropped any reference to the October 28, 2016 accident and instead alleged injuries arising from an October 28, 2015 car accident on the 210 freeway east of Citrus Avenue. Plaintiff dismissed Garcia on April 8, 2019. Plaintiff served Defendant on November 21, 2019. Trial is set for July 15, 2020. Defendant demurs to the FAC on the grounds that the action is barred by the statute of limitatio...

Excerpt: ...Plaintiff with discovery and a deposition notice. Plaintiff did not response or appear for the deposition. On December 5, 2019, the Court ordered Plaintiff to attend his deposition and provide discovery responses to Defendant within 20 days. On December 6, 2019, Defendant served a notice of ruling on Plaintiff. Defendant contends Plaintiff did not file an amended complaint or serve the discovery responses as ordered. Defendant moves for terminati...

Excerpt: ...arty may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or mo...

Excerpt: ...yer. Defendant moves for summary judgment on the ground that pursuant to the lease, Defendant did not have possession or control of the property, the lessee had exclusive responsibilities for maintenance and repairs, and Defendant therefore had no duty to Plaintiff to inspect or remedy dangerous conditions. II. LEGAL STANDARD In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by ...

Excerpt: ...nt was not served with the Complaint until March 11, 2019. On April 18, 2019, Plaintiff obtained entry of default against Defendant. On May 31, 2019, Plaintiff amended the complaint to name Morton La Kretz as a Doe defendant. Plaintiff served both La Kretz and Defendant with the amendment and complaint on June 20, 2019. From June 21, 2019 to August 8, 2019, defense counsel attempted to contact Plaintiff's counsel regarding a stipulation to vacate...

Excerpt: ...others were street racing when Defendant lost control of his car. Defendant skidded off the road and across the parkway dividing the lanes of opposing traffic and struck Decedent and Franco's dog, killing them both. Defendant seeks to strike Plaintiffs' punitive damages allegations. As an initial matter, Defendant is 17 years old and will turn 18 in two weeks. Plaintiff argues the Court cannot hear this motion until a guardian ad litem has been a...

Excerpt: ...ic surgeon Ronal Kvitne, M.D., and (2) neurologist Barry Ludwig, M.D. Both physicians are located in Los Angeles while Plaintiff has recently relocated from Nevada to North Carolina. Defendant also requests the Court extend the discovery cut-off date by one day to February 11, 2020 pursuant to section 2024.050 of the Code of Civil Procedure. Under Code of Civil Procedure section 2024.050, the court may grant leave to complete discovery proceeding...

Excerpt: ... on an electric cart ride at the East Shore Recreational Vehicle Park, which is located at the Frank G. Bonelli Regional Park. While on a dirt road, Rodgers lost control of the cart, and the cart rolled over, injuring Plaintiff's leg. Defendant demurs to the First Amended Complaint on trail immunity grounds and for failing to state a cause of action against Defendant. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and...

Excerpt: ...s medical records, billing, and radiology department for records relating to Plaintiff's head, neck, arms, mid-back, low back, legs, knees, and feet from 2008 to the present. On November 6, 2019, Plaintiff testified in deposition that she had arthroscopic surgery on her left knee in 2006 after sustaining a fall in 2005. On November 22, 2019, Defendants issued subpoenas to St. Bernardine Medical Center expanding the scope of records to 2000 to the...

Excerpt: ...igent for improperly merging into his lane and caused the collision. (UMF No. 4.) Plaintiff also alleges White was acting within the course of her employment with Defendant at the time of the collision. (UMF No. 6.) White was employed by Ford, was driving a vehicle owned by Ford, and had just left her residence on her way to a Ford dealership. (UMF No. 3, 7.) Ford moves for summary judgment on the grounds that Ford is not vicarious liable under t...

Excerpt: ...aintiff asserts three causes of action: (1) negligence per se, (2) negligence, and (3) punitive damages. Defendant demurs to the punitive damages cause of action and moves to strike punitive damages allegations from the Complaint. There is no separate cause of action for punitive damages. Punitive damages are merely incident to a cause of action and can never constitute the basis thereof. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164....

Excerpt: ... the grounds that actions after the collision are irrelevant to the issue of negligence and the allegations do not amount to malicious conduct warranting 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).) The court may also strike all or any part of any pleading not drawn o...

Excerpt: ... result of her treatment with antibiotics. Defendant moves for summary judgment on the grounds that its nurses, staff, and residents complied with the standard of care and treatment of Plaintiff and to a reasonable degree of medical probability, Plaintiff's alleged injuries were not a result of any breach of the standard of care by Defendant's nurses, staff, or residents. Plaintiff filed no opposition. II. FACTUAL BACKGROUND On October 21, 2017, ...

Excerpt: ...ative defenses asserted in Defendant's answer. The answer should contain any and all affirmative defenses or objections to the complaint that defendant may have, and that would otherwise not be in issue under a simple denial. Such defenses or objections are “new matter.” (Code Civ. Proc., § 431.30, subd. (b).) Generally, a defendant bears the burden of proving “new matter” and, as such, must be specifically pleaded in the answer. (Califo...

Excerpt: ...e of Defendant Plaza Mexico Foundation (“Plaza”). (UMF No. 2.) On September 2, 2016, Plaintiff filed this action against Plaza and Doe defendants for assault, battery, intentional infliction of emotional distress, and negligence. Plaintiff named Knight Watch, Inc. (“Knight Watch”) as a Doe defendant on January 31, 2018. On April 2, 2018, Plaza filed a cross- complaint against Knight Watch for equitable comparative indemnity, total equitab...

Excerpt: ...ative, summary adjudication. Plaintiff did not oppose. 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 Town Center (2005) 135 Cal.Ap...

Excerpt: ...side the default contending Plaintiff did not serve her with the summons and complaint. The Court denied Defendant's motion without prejudice on the grounds that, while timely, Defendant failed to include the required declaration or proposed answer to be filed in the action under Code of Civil Procedure section 473.5. Defendant moved for reconsideration of the November 22, 2019 order. The Court continued the hearing on the motion to set aside ent...

Excerpt: ...3, 2017 from injuries sustained during a January 2, 2017 traffic collision allegedly caused by Defendant's involvement in a street race. Plaintiffs filed a First Amended Complaint on January 4, 2019. Defendant moves for summary judgment on the sole cause of action for wrongful death on the ground that she was not the cause of the incident. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “...

Excerpt: ...W. Hotel, LLC dba Beverly Wilshire (“B.W. Hotel”). Plaintiff later resigned from her position at B.W. Hotel. B.W. Hotel is a limited liability company with one member, RBW Hotel Holding LLC. CTF is one of the members of RBW Hotel Holding LLC. According to Plaintiff, Four Seasons operates the hotel. Plaintiff's complaint alleges that on the evening of January 6, 2018, she observed two guests becoming dangerously intoxicated at the restaurant a...

Excerpt: ...unopposed. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) This case was filed on August 9, 2017. Trial was or...

Excerpt: ...e abuse issues, and caused the accident by jumping out in front of the truck before Avetisyan could stop. On November 20, 2019, Defendants issued subpoenas to Los Angeles Community Hospital, Lakeview Terrace Skilled Nursing Facility, Golden Assisted Living, and E.B. Professional Services, Inc. requesting Plaintiff's medical records, medical history, and invoices. Plaintiff moves to quash the subpoenas in their entirety or, in the alternative, exc...

Excerpt: ...hip area; (5) coup-contrecoup injury; (6) severe post-concussion syndrome; and (7) tinnitus. Plaintiff has already undergone two physical exams, by Dr. Brian Bashner, an orthopedist, on March 15, 2019, and by Dr. John J. Rehm, an ear, nose, throat (“ENT”) specialist, on September 11, 2019. The parties have also stipulated to a neuropsyche examination with Dr. Ted Evans on January 20, 2020. Defendants move for an order compelling Plaintiff to ...

Excerpt: ...rst cause of action for negligence and third cause of action for failure to warn as duplicative of the dangerous condition cause of action. 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.) A demurrer may be brought if insufficient facts are stated to support the cause of...

Excerpt: ...esidence of Grace Wu (“Decedent”). (Defendant's Undisputed Material Fact (“UMF”) No. 1.) Solomon and Nguyen lived next door in a residence owned by Anthony. (UMF No. 2.) Chang also lived next door. (UMF No. 3.) Decedent died from the fire, and there were no witnesses to the cause of the fire. Solomon, Nguyen, and Chang claim injuries sustained during their escape from their residences. Defendant moves for summary judgment on the issue of ...

Excerpt: ...ently, Plaintiff experienced a second impact from the rear as the car driven Brittni rear-ended the car Nicholas was driving. Plaintiff and Brittni have settled for $25,000, and Plaintiff seeks a good faith settlement determination. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing ...

Excerpt: ...Defendant originally noticed the medical examination for September 25, 2019. Plaintiff did not object to the medical exam, but then cancelled that date on September 23. The parties rescheduled the examination for December 3, 2019. Plaintiff then failed to appear at the December 3, 2019 exam despite defense counsel sending a reminder on November 20, 2019. Dr. Korchek's next available date for a medical examination is on March 11, 2020. Plaintiff s...

Excerpt: ...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.” Defendant seeks to bifurcate the issues of liability and damages at issue. “The court may, when the c...

Excerpt: ...cus bacteria and developed a staph infection while working at multiple juvenile hall facilities and camps as a substitute teacher for Defendant. The second cause of action for general negligence alleges that between 2009 and 2010, Defendant failed to disclose to employees that they could be exposed to staph infections and that Defendant, York and the Workers' Compensation Appeal Board (“WCAB”), worked together to deny her treatment, preventio...

Excerpt: ...efendant was tried and convicted of homicide. In this civil case, Defendant was represented by Moses Bardavid. On August 15, 2018, the Court granted Plaintiffs' trial preference motion and set the trial for February 6, 2019. Defendant's counsel, Mr. Bardavid, was present at the August 15, 2018 hearing when the trial date was set, and on August 16, 2018, Plaintiffs' counsel gave notice of the February 6, 2019 trial date to Mr. Bardavid. Accordingl...

Excerpt: ...ruction. Defendant MG Construction moves to strike the allegations of punitive damages. Plaintiff did not file an opposition. 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...

Excerpt: ...re fostering. Defendant demurs on the grounds that the Complaint fails to state facts sufficient to allege a cause of action and is uncertain. II. LEGAL STANDARDS A demurrer may be brought if insufficient facts are stated to support the cause of action asserted. (Code Civ. Proc., § 430.10, subd. (e).) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified un...