Excerpt: ... (b) . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subd. (a).) Subdi...

Excerpt: ...� 2030.090(b).) The burden of proof is on the party seeking the protective order to show “good cause” for the order he or she seeks. (Fairmont Insurance Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) A motion for a protective order “shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2030.090(a).) “A meet and confer declaration in support of a motion shall state facts showing a reasona...

Excerpt: ...sley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or ...

Excerpt: ..., issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the following: . . . (d) Failing to respond or to submit to an authorized method of discovery. . . . (g) Disobeying a court order to provide discovery . . . .” “The trial court may order a terminating sancti...

Excerpt: ...il Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a mo...

Excerpt: ...es the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a motion for summary judgment, the initial burden is a...

Excerpt: ...nt need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded. (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 966-967.)...

Excerpt: ...) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1...

Excerpt: ...eights, LLC, David Neman, and Kiarash Neman (collectively, “Defendants”). The SAC asserts two causes of action for (1) general negligence and (2) premises liability. Plaintiff alleges in her SAC that she was physically attacked at her residence by transients who were “squatting” on the property owned, yet abandoned, by Defendants prior to the attack. (SAC ¶ 11.) This suit followed. Defendants filed the instant demurrer to Plaintiff's SAC...

Excerpt: ... of the pleading or by proper judicial notice. (Code Civ. Proc., § 430.30(a).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (SKF Farms, supra, 153 Cal.App.3d at 905.) The only issue involved in a demurrer hearing is whether the complaint, a...

Excerpt: ...r and Nicolai Foong, M.D. were allegedly negligent in their care, treatment, diagnosis, and monitoring of Decedent in connection with her labor and delivery, causing Decedent to bleed to death. On September 20, 2019, Plaintiffs Siying Yuan, by and through her Guardian Ad Litem, Baiping Yuan, and Baiping Yuan (collectively “Plaintiffs”) filed a complaint against Defendants AHMC Healthcare, Inc. dba San Gabriel Valley Medical Center and Nicolai...

Excerpt: ...are thus generally disfavored. (Id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at 1246.) Circumstances that may indicate good ca...

Excerpt: ...ring a claim to be presented to a public entity before an action may be brought against the public entity].” (Gov. Code, § 946.6(a).) The petition must be filed within six months after the application to the board is denied. (Id., § 946.6(b).) The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds (1) the application to the board was made within a reasonable time not to exceed that specified in Sectio...

Excerpt: ...al officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.''” (Ontiveros v. Constable (2016) 245 Cal.App.4th 686, 694 (quoting People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (quoting Code Civ. Proc., § 128(a)(5))).) “‘[D]isqualification motions involve a conflict between the clients' right to counsel of their ...

Excerpt: ... a car accident. Plaintiff began seeing Dr. Gutierrez on May 17, 2019. On October 30, 2020, Defendant served a deposition subpoena on Dr. Gutierrez noticing a deposition date of December 8, 2020. On November 5, 2020, Defendant served a second deposition subpoena that contained document requests and the same deposition date. Defense counsel contacted Dr. Gutierrez the day before the deposition and received no response. Dr. Gutierrez did not appear...

Excerpt: ...r constructive knowledge that the Subject Step was a dangerous condition (which goes to the duty element of premise liability.) (Code Civ. Proc., § 437c(p)(2).) Legal Standard Standard for Ruling on Motion for Summary Judgment A summary judgment may be granted where it is shown that the “action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c(a) (emphasis added).) On the other hand, when summar...

Excerpt: ... action, Plaintiffs allege that on or about November 19, 2018, they were injured in a motor vehicle collision due to the negligence of Defendant Jeremy David Kerekes. Plaintiffs allege that Mr. Kerekes was acting in the course and scope of his employment by Defendant California Highway Patrol at the time of the incident. On April 12, 2021, Defendant Jeremy Kerekes (hereinafter, “Movant”) filed the instant motion for summary judgment. Thereaft...

Excerpt: ... In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only...

Excerpt: ...d Does 1 through 100. On June 16, 2020, Plaintiff substituted Dillan Reyes (“Reyes”) for Doe 1 and Christopher Yockey (“Yockey”) for Doe 2. On May 18, 2021, Plaintiff served Reyes and Yockey through substitute service with subsequent mailing on May 20, 2021. On June 29, 2021, Reyes and Yockey (“Movant Defendants”) specially appeared in this action by filing the instant motion to quash service of the summons and complaint. Plaintiff op...

Excerpt: ...the attorney-client privilege and work-product protections as indicated in this order. Defendants are permitted to ask questions regarding Plaintiff's possession of any medical records from Dr. Arch or other medical treaters. The Court does not award any monetary sanctions because none were requested. Plaintiff is to give notice of this ruling. Background This is a personal injury action arising out of a motor vehicle collision on October 10, 201...

Excerpt: ...th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic ma...

Excerpt: ...Depot, and Smith & Sons, Plaintiff asserts a premises liability claim and a general negligence claim. All Defendants answered. Smith & Sons cross-complained against Home Depot and Deutsche Bank and Cross-Defendants Kitchenaid, Inc. and Coldwell Banker Top Team. Coldwell Banker Top Team and Deutsche Bank have each been dismissed from the Cross-Complaint without prejudice. Plaintiffs have added as Doe Defendants, and have subsequently dismissed, se...

Excerpt: ...�MUSD”), causing her to sustain injuries. Plaintiff was four-years-old at the time of incident. On August 27, 2019, Plaintiff, through her guardian ad litem Onix Bruno (“GAL”), filed her complaint against MUSD, City of Monrovia (the “City”), and Does 1 though 20 for damages caused by a dangerous condition of public property under Government Code sections 815.2, 820 830, 835 and Civil Code section 1714. On November 2, 2020, Plaintiff dis...

Excerpt: ... injuries. Plaintiff was four-years-old at the time of incident. On August 27, 2019, Plaintiff, through her guardian ad litem Onix Bruno (“GAL”), filed her complaint against MUSD, City of Monrovia (the “City”), and Does 1 though 20 for damages caused by a dangerous condition of public property under Government Code sections 815.2, 820 830, 835 and Civil Code section 1714. On November 2, 2020, Plaintiff dismissed her claims against the Cit...

Excerpt: ...ooter, collided into Plaintiff, causing injuries. Plaintiff filed a Complaint against Looney and Bird Rides, Inc. (“Bird”), followed by a First Amended Complaint. Bird demurred, and the Court sustained with leave to amend. Plaintiff's operative Second Amended Complaint was filed on May 5, 2021. Bird again demurs. (Code Civ. Proc., § 430.10, subd. (e), (f).) The demurrer is to the third cause of action for products liability, and its three co...

Excerpt: ...on seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding...

Excerpt: ...the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (CCP § 430.30(a).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) Therefore, it lies only where t...

Excerpt: ...y serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after the entry of a default judgment against him or her; or (ii) 180 days after service of him or her of a written notice that the default or default judgment has been entered.” (Cal. Civ. Proc. § 473...

Excerpt: ...r allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact a...

Excerpt: ...6, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th ...

Excerpt: ...erts claims for premises liability and general negligence. On November 27, 2019, the Court denied Defendant's motion for summary judgment and in the alternative summary adjudication of Plaintiff's initial complaint. On December 17, 2019, Plaintiff filed his operative first amended complaint as part of a motion for leave to file the amended pleading that the Court granted on January 21, 2020. Defendant now moves for summary adjudication on Plainti...

Excerpt: ...otion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable...

Excerpt: ...ts Pursuant to a Deposition Subpoena Generally, discovery may be obtained within the State of California from a person who is not a party to the action in which the discovery is sought by way of a deposition subpoena. (Code Civ. Proc., § 2020.010 et seq.) Where discovery is requested through a “records and testimony” subpoena, the subpoena commands the deponent's attendance and testimony of the deponent, and the production of business record...

Excerpt: ...ndant's Motion to Strike paragraph 11 is GRANTED, with leave to amend. Defendant's Motion to Strike paragraphs 20-27 and 28-34 is DENIED. Defendant's Motion to Strike paragraphs 14, 20, and 28 is DENIED. Legal Standard A. Motion to Strike 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(a).) The court ...

Excerpt: ...8.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The o...

Excerpt: ... or mental condition in controversy.” (Carpenter v. Superior Court (2006) 141 Cal. App. 4th 249, 258.) California Code of Civil Procedure (“Code Civ. Proc.”), section 2032.020, states: (a) Any party may obtain discovery . . . by means of a physical or mental examination of (1) a party to the action . . . in any action in which the mental or physical condition . . . of that party or other person is in controversy in the action. . . . (c)(1) ...

Excerpt: ...ts Anbi Oil Corporation, Anabi Oil/Shell, C.A.R. Enterprises, Inc.; Anabi Convenience Centers, Inc., and Anabi Real Estate Development, LLC (collectively “Defendants”) filed the instant motion for evidentiary sanctions to preclude Plaintiff from introducing testimony or evidence at trial regarding Plaintiff's February 4, 2021 surgery. Plaintiff opposes and Defendant filed a reply. Legal Standard Courts have the authority to issue monetary san...

Excerpt: ...h year, the overwhelming majority are unopposed and granted summarily by the trial court. At the time of filing in many cases, the moving party does not know if a contest will develop. If each motion required a full recital by declaration or affidavit setting forth a complete factual response to all of the Tech-Bilt factors, literally thousands of attorney hours would be consumed and inch-thick motions would have to be read and considered by tria...

Excerpt: ... injuries that allegedly caused her death a few months later. Kidbul is Defendant's employee and is blind. Decedent was 93 years old and going blind. On November 12, 2019, Plaintiffs Alan Labossiere, individually and as successor-in-interest to Decedent, Annette Leitzke, individually and as a successor-in-interest to Decedent, Estate of Labossiere, by and through its successors-in-interest, Alan Labossiere and Annette Leitzke (collectively “Pla...

Excerpt: ...d faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.�...

Excerpt: ... agreement to arbitrate the controversy exists… (Code Civ. Proc. § 1281.2.) “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. [Citation.]¿To further that policy, [Code of Civil Procedure] section 1281.2 requires a trial court to enforce a written arbitration agreement” unless one of four limited exceptions applies. (Acquire II, Ltd. v. Colton Real E...

Excerpt: ...a claim or defense, the action proceeds to trial on the remaining issues. The summary adjudication motion may be based on the same evidence as the summary judgment request. (Cal. Rules of Court, rule 3.1350(b).) The court must determine from the evidence presented that “there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law …” (Code Civ. Proc., § 437c(c).) A triable issue of m...

Excerpt: ...r service on the party of written notice of entry of the order; and (2) the moving party may make a subsequent application for the same order at any time. Both motions must state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. (CCP §§ 1008(a), (b).) Further, “…the party seeking reconsideration must provid...

Excerpt: ...pter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the following: . . . (d) Fa...

Excerpt: ...ation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under CCP section 2034.260. (CCP § 2034.210(b).) Section 2034.260 provides that all appearing parties shall exchange information concerning expert witnesses in writing on or before the date specified in the demand. If the witness is an expert as described in section 2034.210 subse...

Excerpt: ...n one of the women's shower stall located at one of Defendant's premises. On December 4, 2021, Defendant filed the instant motion for summary judgment. Thereafter, Plaintiff filed opposition papers along with a separate statement of undisputed material facts in support of her opposition on May 25, 2021. Subsequently, on June 3, 2021, Defendant filed its reply papers along with a response to Plaintiff's separate statement. EVIDENTIARY OBJECTIONS T...

Excerpt: ... to provide the public with “reasonable access” to trial court records that are maintained in electronic form while protecting privacy interests. (C.R.C., Rule 2.500(a).) The rules are not intended to give the public a right of access to records that are not otherwise available for public access and do not create a right of access to records that are sealed by court order or confidential as a matter of law. (C.R.C., Rule 2.500(c).) The latter...

Excerpt: ...rty, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. It is recognized that a...

Excerpt: ...Josef”), [1] Trina Nazarian (“Trina”), Madlen Tahmasian (“Tahmasian” ) (collectively “Defendants”), and Does 1 to 100. The complaint includes two causes of action: (1) general negligence; and (2) motor vehicle. On May 28, 2021, Defendants filed the instant demurrer with motion to strike. Defendants demur to the entire complaint and the causes of action separately for uncertainty, insufficient facts, and misjoinder. Defendants move t...

Excerpt: ...ifornia 90069. Plaintiff alleges that she slipped and fell, fracturing her femur, when she walked to an elevator and slipped on some water left behind by Defendant Michael Weiss (“Weiss”), who did not completely dry himself after leaving the building's pool. Plaintiff also has sued defendants Westview Towers HOA (“Westview”), which is the homeowner's association for the condominium complex. On March 14, 2019, Plaintiff filed her complaint...

Excerpt: ...) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1...

Excerpt: ...l Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a mot...

Excerpt: ...ants' demurrer, which was filed on October 5, 2020, the Plaintiffs filed their first amended complaint on January 8, 2021. On February 8, 2021, Defendant Michael Butler (hereinafter, “Defendant”) filed a motion to strike to Plaintiff's request for punitive damages, which was granted on March 8, 2021. Consequently, Plaintiffs filed their second amended complaint on April 16, 2021 where they alleged additional facts to support their claim for p...

Excerpt: ...); § 2031.300, subd. (c) (demands for production of documents).) “The trial court may order a terminating sanction for discovery abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'” (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390.) “Gen...

Excerpt: ...bility. 2. Motion for Summary Judgment a. Parties' Positions Defendant moves for summary judgment on the complaint, contending Plaintiff signed a release and waiver agreement that precludes this action. Defendant also contends Plaintiff does not know how she fell, and cannot show she fell due to Defendant's negligence. Plaintiff opposes the motion, arguing there are triable issues of material fact concerning whether or not she signed the release ...

Excerpt: ...tore because of the Covid social distancing rules. While she was on the sidewalk, she tripped and fell on a metal post that protruded up from the sidewalk. Plaintiff's complaint contains causes of action for dangerous condition of public property (City), premises liability (entity defendants), and negligence (entity defendants). Ralphs demurs to the complaint, contending it did not own, possess, or control the subject property. Ralphs cites vario...

Excerpt: ... (3) statutory liability; and (4) punitive damages. 2. Motion to Strike by Defendant UBER TECHNOLOGIES, INC. a. Parties' Positions Defendant moves to strike the prayer for punitive damages and related allegations from the Plaintiff's complaint. Plaintiff argues that Plaintiff sufficiently alleges inferences of corporate malice. b. Standard on Motion to Strike Any party, within the time allowed to respond to a pleading, may serve and file a motion...

Excerpt: ... trial is set for July 13, 2021 2. PARTY'S REQUEST Defendant seeks to: (1) continue the current trial date of July 13, 2021 to January 18, 2022; (2) continue all discovery, expert discovery and pretrial-related deadlines in accordance with the new trial date. 3. LEGAL STANDARD Pursuant to California Rules of Court (“CRC”), Rule 3.1332(a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All partie...

Excerpt: ...aintiff objected to the deposition, and claimed she would not attend unless Defendant's persons most knowledgeable depositions preceded her deposition and that she be provided documents prior to her deposition. (Decl. of Breitburg, Exhibit B.) The parties attempted to meet and confer, but they could not resolve their disputes informally. 3. Parties' Positions a. Defendant's position Defendant argues the Court is warranted in compelling Plaintiff'...

Excerpt: ...te his claims against Defendant City because Defendant City was not a party to the motion. The Court found if Defendant City wanted to arbitrate, it would need to file its own motion. (Minute Order 12/1/2020). 2. Motion to Compel Arbitration a. Parties' Positions Defendant City moves to compel all claims against it to be heard by way of binding arbitration. Defendant City provides evidence that Plaintiff digitally signed an arbitration agreement ...

Excerpt: ...tiff Graciela Cortes (“Plaintiff”) filed the instant action for negligence, negligence, strict liability (products liability), and negligence (products liability) against Defendants Rite Aid Corporation RITE AID CORPORATION, a corporation; DOE 1, DOE 2, DOE 3, DOE 4, and DOE 5, individually and d/b/a RITE AID; MESKER DOOR, INC., a corporation; DOE 6; DOE 7, DOE 8, DOE 9, and DOE 10, individually and d/b/a MESKER DOOR; APRIL STOGNER, and indiv...

Excerpt: ...nts' form interrogatories, set two is GRANTED. 2. Defendants' unopposed motion for Order Compelling Plaintiff to serve Verified Responses to Defendants' form interrogatories, set three is GRANTED. 3. Defendants' unopposed motion for Order Compelling Plaintiff to serve Verified Responses to Defendants' special interrogatories, set two is GRANTED. 4. Defendants' unopposed motion for Order Compelling Plaintiff to serve Verified Responses to Defendan...

Excerpt: ... is liable for Plaintiff's dangerous condition of public property, general negligence, and premises liability claims based on Defendant's failure to maintain a sidewalk. Plaintiff slipped and fell on a sidewalk in Defendant's jurisdiction. On December 31, 2020, Defendant filed the instant motion for summary judgment against Plaintiff. Plaintiff filed an opposition on May 11, 2021. As of May 21, 2021, Defendant has not filed a reply. Reply is due ...

Excerpt: ...led the instant Motion to Bifurcate the Liability and Damages Phases at Trial. Summary Moving Arguments Defendants ask the court to bifurcate the trial. Defendants argue that they do not own the dog that attacked Plaintiff. As such, Defendants contend that it will serve judicial economy to conduct the liability stage of the trial first to save time, since there will be very few witnesses for the liability aspect and several to prove damages. Oppo...

Excerpt: ...neral negligence. Plaintiffs allege that Defendants' vehicle collided with Plaintiffs' vehicle. On May 7, 2021, Defendant YUJIN YI filed the instant motion for an order setting compensation of Stepan Kasimian, M.D. Plaintiffs filed a response May 21, 2021. II. Legal Standard A party seeking to depose an expert witness shall pay the expert's reasonable and customary hourly or daily fee for any time spent. (Code of Civ. Proc., § 2034.430, subd. (b...

Excerpt: ...S, INC., a Delaware corporation, MARISOL PAEZ, an individual, and DOES 1 through 50, inclusive (collectively “Defendants”) for damages arising out of an automobile accident. Plaintiff alleges she was injured in an automobile accident in her capacity as a rider in an Uber vehicle driven by Defendant Paez. 2. Motion to Compel Arbitration a. Parties' Positions Defendant Uber moves to compel all claims against it to be heard by way of binding arb...

Excerpt: ...rly broad in regards to time and violates Plaintiff's constitutional right to privacy. Plaintiff argues Defendants are responsible for sanctions for their abuse of the discovery process. b. Defendants' Position Defendants argue the motion should be denied because the information sought is relevant to the discovery process given Plaintiff has put her physical condition at issue. Defendants seek sanctions against Plaintiff for abuse of the discover...

Excerpt: ...ropolitan Authority. (“Defendant.”) The Complaint alleges that Defendant is liable for Plaintiff's motor vehicle and general negligence claims based on Defendant negligently operating a bus while Plaintiff was a passenger. Plaintiff sustained injuries after being thrown to the side of the bus. On March 11, 2021, Defendant filed the instant motion for Terminating Sanctions against Plaintiff. Plaintiff has not filed a response. 2. History of Di...

Excerpt: ...ses liability for a dangerous condition of public property against Defendant Wal Mart, Inc. (“Defendant.”) The Complaint alleges that Defendant is liable for Plaintiff's general negligence and premises liability claims based on Defendant's failure to prevent liquid on the floor. Plaintiff slipped and fell on the liquid. On February 2, 2021, Defendant filed the instant Motion for Summary Judgment against Plaintiff. Plaintiff filed an Oppositio...

Excerpt: ...lder and left knee twice. 2. History of Parties' Discovery Dispute Defendant served demands for two physical examinations on January 21, 2021 on the Plaintiff, with two specialists, Dr. Rose and Dr. Forman. (Mackin decl. ¶ 3; Exhibit 1.) Plaintiff objected via e-mail to two IMEs, stating Defendant should be limited to one orthopedic expert to evaluate Plaintiff's alleged injuries. (Mackin decl. ¶ 4; Exhibit 3.) Plaintiff objected to two medical...

Excerpt: ... a passenger. Plaintiff is 90 and is claiming injuries of a fractured spine. On April 27, 2021, Plaintiff filed a motion for trial preference pursuant to California Code of Civil Procedure section 36, subdivision (a). Trial is set for January 1, 2022. PARTY'S REQUEST Plaintiff asks the Court for an order granting preference and setting of trial in the above entitled action no later than 120 days after the granting of this motion. Defendant filed ...

Excerpt: ...ge the Defendants, Alejandro Mancillas-Guerrero; Jorge D. Guerrero; and Does 1 to 100, injured Plaintiff after colliding with Defendants. The Plaintiff pleads the following causes of action: (1) Motor Vehicle (2) General Negligence SUMMARY OF ISSUES As an initial matter, the title of each of Defendant's motion is captioned “Motion to Compel,” yet the body of the motion reveals that Defendants “will move the Court for an order compelling pla...

Excerpt: ...ier Chavez and Richard McElyea (collectively “Plaintiffs”) were struck by a Defendant Karen Tang (“Tang”) who driving a vehicle for Defendant Ean Holdings, LLC (“Ean”). On April 3, 2019, Plaintiffs filed their complaint against Tang, Ean, and Does 1 to 25. On July 10, 2019, Tang filed a cross-complaint against Roes 1 through 100 for indemnification. On August 9, 2019, Plaintiffs dismissed their claims against Ean. On February 20, 2020...

Excerpt: ...ein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. (Code Civ. Proc., § 1987.1, subd. (a).) Discussion a...

Excerpt: ...is rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238. Law Governing Dog Owner Liability for Dog Bites Dog owners may be held liable for injuries caused by their dogs under theories of negligence and strict liability. California has long followed the common law rule of strict liability for harm done b...

Excerpt: ... that arguable by general demurrer, namely, the failure to state a cause of action or defense. (Dobbins v. Hardister (1966) 242 Cal.App.2d 787, 791; See also Sofias v. Bank of America (1985) 172 Cal.App.3d 583, 586 [The non statutory motion for judgment on the pleadings can be made at any time, even during trial, since the grounds for a general demurrer are never waived.].) A motion for judgment on the pleadings performs the same function as a ge...

Excerpt: ...id does have responsive documents. Legal Standard A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition for production of business records. (Code of Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimon...

Excerpt: ...L.P. New Hope Home, LLC, and Solari Enterprises, Inc. (“Defendants”). On November 23, 2020, Defendants filed the instant Motion for Summary Judgment or Summary Adjudication in the Alternative against Plaintiff. Plaintiff filed an Opposition March 26, 2021. Defendants filed a reply April 2, 2021. Discussion The Complaint alleges that on October 25, 2020, Defendant carelessly and recklessly maintained, failed to inspect, and operated their plac...

Excerpt: ...respond to Defendant's subpoena for Plaintiff's medical records, limited to ten years before the Plaintiff's injuries to the present and for Plaintiff's medical records deposition as duly noticed by Defendant. Code Civ. Proc. § 2025.450. Background: Plaintiff filed a cause of action for motor vehicle negligence after a rear-end motor vehicle accident that occurred on March 5, 2018 on Imperial Highway and Bellflower Boulevard in Downey . Motion p...

Excerpt: ...on applies Plaintiff's Response to Moving Party's Separate Statement of Undisputed Facts, No. 23, Exhibit 12 to Plaintiff's Opposition to Motion for Summary Adjudication, and Exhibit 16 to the Declaration of Caitlin Gregg filed in Support of Plaintiff's Opposition to Defendant Turo's Motion for Summary Adjudication. The Defendants filed their motion to seal on April 21, 2021. CRC rule 2.550(c) provides that unless confidentiality is required by l...

Excerpt: ...ion, is GRANTED. Legal Standard Meet and Confer The failure to timely respond waives all objections to the interrogatories so that there are no issues left to “resolve” with opposing counsel. Thus, the moving party is not required to show a “reasonable and good faith attempt” to resolve the matter informally with opposing counsel before filing the motion. (Code Civ. Proc., § 2030.290.) A separate statement is not required under the follo...

Excerpt: ...veros riding as a passenger, and another vehicle driven by Defendant / Cross-Complainant Lydia Aguiar. The cars collided at the intersection of Arrow Highway and Mills Avenue in Claremont, California. Trial is set for August 5, 2021. The final status conference is set for July 22, 2021. This hearing concerns the following: 1) the motion of the Cross-Defendants, Tanasha Trenae Harris and DL Peterson Trust, for an order finding that its settlement ...

Excerpt: ...omobile collision that occurred on 03/20/18. The Complaint alleges that Defendant, Allstate Environmental Solutions, Inc. Plaintiff alleges claims for motor-vehicle and general negligence. The Complaint also seeks exemplary damages against Defendant; Complaint, ¶ ¶11, 14. Defendants move to strike the conclusory allegations and prayer for punitive damages alleged against them. Defendants contend that Plaintiff did not specifically allege conduc...

Excerpt: ...m a waiver of objections on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. CCP § 473(b) provides in part: “The court may, upon any terms as may be just, relieve a party...

Excerpt: ...al demurrer, namely, the failure to state a cause of action or defense. (Dobbins v. Hardister (1966) 242 Cal.App.2d 787, 791; See also Sofias v. Bank of America (1985) 172 Cal.App.3d 583, 586 [The non statutory motion for judgment on the pleadings can be made at any time, even during trial, since the grounds for a general demurrer are never waived.].) A motion for judgment on the pleadings performs the same function as a general demurrer, and hen...

Excerpt: ... of negligence, negligent infliction of emotional distress, negligent hiring, supervision, and retention of an Employee, and battery. On May 5, 2020, Plaintiffs Laura Rocha, as parent guardian ad litem for Ezekiel Rocha and Javier Lopez (“Plaintiffs”) against Defendants Diana Arreola (“Arreola”), Mi Sueno Speech Therapy, Inc. (“MSST”), and Does 1-50 for (1) negligence, (2) negligent infliction of emotional distress (“NIED”), (3) n...

Excerpt: ...arising out of a motor vehicle collision on January 7, 2015 whereby Plaintiff Jehan Zeb Mir (“Plaintiff”) was struck by Defendant Tito Natividad (“Tito”), [1] who was insured by Defendant Mercury Insurance Group also known as Mercury Insurance Company (“Mercury”), while driving a vehicle owned by Defendant Gregory John Catamisan Natividad erroneously sued as John Catamusa (“Gregory”). On August 10, 2017, Plaintiff filed his operat...

Excerpt: ...tion accordingly. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Id.; See also A...

Excerpt: ...dings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them r...

Excerpt: ...a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation… (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared… (e) Notwithstanding any other provision of law, the...

Excerpt: ... owned the sidewalk abutting their property. 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 entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in acco...

Excerpt: ...abossiere fell and was injured. (Points and Memorandum 2:4-9). Decedent was 93 years old and going blind. She was accompanied by her caregiver Heather Garcia. Id. Decedent walked directly into the path of a blind employee. The employee was swinging her cane back and forth, tapping the wall, which is pursuant to protocols for the blind at the Braille Institute. On November 12, 2019, Plaintiff filed a petition to open a superior court file for this...

Excerpt: ...al – Radiology, and (4) FACE Mancy Medical Group . The subpoenas seek all medical records about Plaintiff. 2. For Insurance Files of Interinsurance Exchange of the Automobile Club (AAA) 3. Plaintiff requests sanctions in the amount of $3,680.00 (in total for both Motions) against Defendants and their counsel, jointly and severally liable. TENTATIVE The motions are GRANTED and sanctions of $1,580.00 are imposed against Defendants and their couns...

Excerpt: ...aintained an unreasonably dangerous condition at its business location because she slipped and fell on an uneven area of pavement. Plaintiff further alleges that D.B. Hannam owed her a duty of reasonable care, and this duty was breached because of the unreasonably dangerous condition on the property, which led to Plaintiff's injuries. Plaintiff alleges that the fall was the proximate cause of her injuries. On May 29, 2020, Plaintiff amended her c...

Excerpt: ...intiff's Opposition to Defendant's Demurrer to Complaint, which were filed in the Los Angeles Superior Court. Judicial Notice is GRANTED. ANALYSIS Demurrer “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) ...

Excerpt: ...s that Defendant, Andrew Lee Carlos “voluntarily, willfully, maliciously, despicably and deliberately consumed alcoholic beverages and/or various ...drugs... to the point of intoxication” and “operated a vehicle while in an intoxicated condition” knowing it “created an unreasonable safety hazard to other persons and property.” Complaint 5: Plaintiff alleges claims for negligence and intoxicated driving. The Complaint also seeks exempl...

Excerpt: ...legedly occurred on 07/24/18. The Complaint alleges that Defendant, Ricardo Pina, negligently operated his automobile, colliding with the Plaintiff. (Complaint ¶ 12.) Plaintiff alleges claims for negligence. The Complaint also seeks exemplary damages against Defendants, based on Defendants' reckless and wanton conduct. (Opposition to Motion to Strike 6: 10-17. Plaintiff also requests attorney's fees. (Complaint 5.) Defendant, Ricardo Pina, moves...

Excerpt: ... examination. The Court otherwise denies all other requests including for monetary sanctions. Defendant is to give notice of this ruling. Background This is a personal injury action arising out of a motor vehicle collision on August 24, 2018 whereby Plaintiff Casey Castle Kerr (“Plaintiff”) was struck by Defendant Natalie Jina Altounian (“Defendant”). On November 18, 2019, Plaintiff filed his operative first amended complaint against Defe...

Excerpt: ...Monge, the drivers of the two vehicles involved in the crash. Defendants were served with the Summons & Complaint on October 22, 2018. (10/23/18 Proof of Personal Service.) On March 18, 2021, Defendant filed the Instant Demurrer to Plaintiff's Complaint (the “Demurrer”) and Request for Judicial Notice. On April 6, 2021 Plaintiff filed a late Opposition. To date, no reply brief has been filed. II. Legal Standard “The primary function of a pl...

Excerpt: ...oving party is entitled to judgment as a matter of law…” (Cal. Code Civ. Proc., § 437c(c).) A defendant/cross-defendant moving for summary judgment must “show” that either: 1. one or more elements of the “cause of action … cannot be established”; OR 2. there is a complete defense to that cause of action. (Cal. Code Civ. Proc., § 437c(p)(2) (emphasis added).) The result is that summary judgment lies only where the opponent has no c...