Excerpt: ...ptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controv...

Excerpt: ...e allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or ...

Excerpt: ...or Summary Judgment 5. Declaration of John C. Barber in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Richard S. Grossman in Support of Opposition 3. Declaration of David S. Brown in Support of Opposition 4. Plaintiff's Response to Separate Sta...

Excerpt: ...more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party...

Excerpt: ... of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Opposition to Separate Statement in Support of Motion for Summary Judgment 3. Declaration of Zahra H. Aziz in Opposition to Motion for Summary Judgment 4. Declaration of Mark Respass in Opposition to Motion for Summary Judgment 5. Separate Statement in Undisputed Material ...

Excerpt: ... a scooter owned and leased by Defendant. Defendant demurs to all three causes of action in the complaint. Plaintiffs oppose the demurrer. Defendant replies to the opposition. ANALYSIS 1. 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 t...

Excerpt: ...laintiff opposes Defendant's motion to compel responses to the RPD. ANALYSIS Pursuant to Code of Civil Procedure section 2031.300, subdivision (a), “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it . . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on th...

Excerpt: ...T FACTS TO CONSTITUTE AFFIRMATIVE DEFENSES A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. [¶] (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430.20.) “Code of Civil ...

Excerpt: ... may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction o...

Excerpt: ...evron Carter and Marjorie Weiman 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Han S. Lee 2. Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in support of Motion for Summary Judgment, or in the alternative, Motion for Summary Adjudicat...

Excerpt: ...ff- in-Intervention, Deputy Sheriff John Yateem (“Yateem”). Defendants seek to obtain Yateem's personnel records from the Los Angeles County Sheriff's Department (“Sheriff”). Yateem and Sheriff oppose the motion. ANALYSIS A party in a civil proceeding may gain access to police officer records and citizen complaint records through the procedures established in Evidence Code sections 1043 and 1045. (See Haggerty v. Superior Court (2004) 117...

Excerpt: ...n of Thomas Borncamp in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Plaintiff's Notice of Non-Opposition to Defendant Bell Sports, Inc.'s Motion for Summary Judgment BACKGROUND Plaintiffs Thomas Schwabe (“Thomas”) and Tonya Schwabe (“Tonya”) (c...

Excerpt: ...on alleged injuries arising from physical altercations occurring outside a nightclub. Plaintiffs move to enforce a subpoena for business records served on non-party Los Angeles Police Department (“LAPD”). LAPD opposes the motion. ANALYSIS Code of Civil Procedure section 2025.480 provides, if LAPD “fails to answer any question or to produce any document, electronically stored information, or tangible thing under the [LAPD's] control that is ...

Excerpt: .... Declaration of Gina Giovacchini in Support of Motion for Summary Judgment 5. Declaration of Susan Nelson in Support of Motion for Summary Judgment 6. Compendium of Evidence in Support of Motion for Summary Judgment 7. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Andrew M. Wyatt in S...

Excerpt: ...iff Andrew Wall a MOTION Plaintiff Nancy Del Socorro Diaz Martinez (“Plaintiff”) sued Defendants County of Los Angeles (“County”), Erica Lubliner, M.D., David Scott Abott, R.N., Christina L. Guest, M.D., Nan Zhu Chapman, M.D., Vanik Vartoomian, R.N., Chidi G. Obodozi, Conrado Soliman, Svetlana Enyinnaya, R.N., Maxson Frechette, R.N., Robert Dasher, M.D., Michael Omega, R.N., Khalid Salim Khan, M.D. (collectively, “Defendants”) and Oli...

Excerpt: ...Defendant”) opposes the motion. ANALYSIS Per Code of Civil Procedure section 473, subdivision (b), a court may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed t...

Excerpt: ...and Cross-Complainant Pawesome, LLC d/b/a Fetch! Pet Care, Inc. (“Pawesome”) moves to contest the good faith of the settlement. Goeckner opposes the motion. Pawesome replies to Goeckner's opposition. ANALYSIS 1. ALLEGED PROCEDURAL DEFICIENCIES Pawesome argues Goeckner's application is procedurally deficient on two grounds. Pawesome first objects to Goeckner's application for good faith settlement based on inadequate notice. Pawesome claims Go...

Excerpt: ...nt”). Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: 1. Requests for Production of Documents, Set 1, Propounded to Defendant: Nos. 1-35 (“RPD”) a. Propounded: November 2, 2020 b. Responded: i. January 8, 2021 – Initial Responses ii. March 24, 2021 – Further Responses iii. April 9, 2021 – Further Responses c. Motion Filed: June 18, 2021 Defendant opposes the ...

Excerpt: ...” to Compendium of Evidence in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 6. Declaration of Roma Salguero in Support of Motion for Summary Judgment 7. Declaration of Stacy R. Goldscher in Support of Motion for Summary Judgment 8. Declaration of Rudy Garcia in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgm...

Excerpt: ...deposition of Defendant and (2) to prevent Plaintiff from deposing Defendant's wife, Maria R. Marquez (“Maria”). In the alternative, Defendant moves to quash the deposition subpoena served on Maria. Defendant also moves to strike the deposition testimony provided by Defendant on May 7, 2021. Defendant seeks monetary sanctions. Plaintiff has not filed oppositions to the motions. ANALYSIS 1. MOTION FOR PROTECTIVE ORDER Before, after, or during ...

Excerpt: ...nd prayer for punitive damages in the complaint. Plaintiff opposes the motions. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike o...

Excerpt: ...endant moves to strike punitive damages from the first amended complaint. Plaintiff opposes the motion. Defendant replies to the opposition. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false,...

Excerpt: ...y Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Narek Postajian 2. Plaintiff's Separate Statement in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply to Plaintiff's Separate Statement in Opposit...

Excerpt: ...nd Apria Healthcare Group, Inc (collectively, “Defendants”) demur to all three causes of action in Plaintiff's first amended complaint. Plaintiff opposes the demurrer. ANALYSIS 1. 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 c...

Excerpt: ...of Undisputed Material Facts in Support of Motion for Summary Judgment MOTION TO CONTINUE HEARING PAPERS: 1. Plaintiff's Motion to Continue MSJ; Declaration of Robert B. Treister 2. Defendant's Opposition to Plaintiff's Motion to Continue Hearing on Motion for Summary Judgment BACKGROUND Plaintiff Charles Lem (“Plaintiff”) sued Defendant David Alessi, M.D. (“Defendant”) for medical malpractice. Plaintiff alleges that Defendant negligently...

Excerpt: ...PPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Greg Coolidge 2. Declaration of Mark J. Burns, BSME, JD, GC, CCBI, CXLT, CPSI in Support of Opposition to Motion for Summary Judgment 3. Evidentiary Objections to Defendants' Evidence Submitted in Support of Motion for Summary Judgment 4. Plaintiff's Separate Statement of Undisputed, Disputed, and Additional Disputed Material Facts...

Excerpt: ...d its insureds for injuries they sustained while using a hoverboard. Plaintiff filed a first amended complaint on January 8, 2019, and named a series of defendants via Doe amendment, including LG Chem Ltd. (“Defendant”). Now, Defendant specially appears and moves to quash service of the summons and complaint, arguing that the Court lacks personal jurisdiction over Defendant because it does not have sufficient minimum contacts with the State o...

Excerpt: ...ndium of Documentary Evidence in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Plaintiff's Separate Statement in Opposition to Motion for Summary Judgment 3. Compendium of Exhibits in Support of Opposition to Motion for Summary Judgment 4. Plaintiff's Objecti...

Excerpt: ... Quezada (“Plaintiff”). Deponent opposes the motion. ANALYSIS Code of Civil Procedure section 2025.480 provides, “[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (Code...

Excerpt: ...t of Motion for Summary Judgment 4. Exhibits A-E in Support of Motion for Summary Judgment 5. Notice of Lodging and Lodging of Exhibit B in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Britany Engleman in Support of Opposition to Motion for Su...

Excerpt: ...that Defendant served on: (1) Gallagher Bassett; (2) Advanced Chiro Rehab Center; (3) Blue Shield of California; (4) Cedars-Sinai; (5) Kerlan Jobe; (6) Medical Specialties Managers; (7) Prohealth Advanced Imaging Center; and (8) Schlesinger Pain Centers. The subpoenas seek all documents about Plaintiff from September 14, 2020 to the present. (Declaration of Benjamin Sampson, Exhibit A.) If a subpoena requires the production of documents, the cour...

Excerpt: ... of Gerald P. Bretting in Support of Motion for Summary Judgment 4. Declaration of Sharon L'Heureux-Dressel in Support of Motion for Summary Judgment 5. Declaration of Kevin Riley in Support of Motion for Summary Judgment 6. Declaration of Monica M. Schwartz in Support of Motion for Summary Judgment 7. Declaration of Jonathan Arendt in Support of Motion for Summary Judgment 8. Request for Judicial Notice in Support of Motion for Summary Judgment ...

Excerpt: ... Defendant has not filed an opposition to the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “t he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon ...

Excerpt: ...rd causes of action in Plaintiffs' first amended complaint. Defendant also moves to strike portions of Plaintiffs' first amended complaint and Plaintiffs' claim and prayer for punitive damages. Plaintiffs oppose the motion and demurrer. ANALYSIS 1. 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, t...

Excerpt: ...ool District, and Laura Sanchez (“Sanchez”) (collectively, “Defendants”) based on an alleged physical assault. CARD demurs to the fifth cause of action in Plaintiff's second amended complaint. CARD also moves to strike portions of Plaintiff's second amended complaint related to punitive damages. Plaintiff has not filed an opposition to the motion or demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal s...

Excerpt: ...itive damages. Plaintiff has not filed an opposition to the motion or demurrer. ANALYSIS 1. 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.) “This rule of liberal construction means that the rev...

Excerpt: ...m Defendant's cafeteria, which contained mushrooms, and thereafter had a severe allergic reaction. Plaintiff thereafter sought treatment in Defendant's emergency department. Defendant moves for summary judgment, or in the alternative motion for summary adjudication on Plaintiff's complaint. In reviewing Defendant's motion, the Court read and considered the following briefs and documents submitted to the Court: MOVING PAPERS: 1. Notice of Motion a...

Excerpt: ...ue the trial in this matter, which is currently set for September 21, 2021, until after October 4, 2021. Plaintiff also moves to reopen discovery for the purpose of completing party depositions and obtaining documents from the Los Angeles Police Department. Defendants Back2Health Rehab Services, Inc., Vladislav Shut, Irena Shut, and Ian Novotny (collectively, “Defendants”) and Cross-Complainants Back2Health Rehab Services, Inc., Back2Health P...

Excerpt: ...collision. Plaintiffs move to quash the deposition subpoena Defendants served on Aetna Health, Inc. The subpoena seeks any and all non-privileged insurance records, medical records, all writings, correspondence, billing, payments, claims, photographs, explanation of benefits, and any other documents contained within the insurance file pertaining to Harper. (Declaration of Gail, Exhibit 1.) If a subpoena requires the production of documents, the c...

Excerpt: ...ff by Carlos Saucedo, Ph.D. (“Saucedo”) and assisted by Enrique Lopez, Psy.D. (“Lopez”). Plaintiff opposes the motion. ANALYSIS Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and spec...

Excerpt: ...s and Authorities 2. Declaration of Michael J. Eilbert, M.D. in Support of Motion for Summary Judgment 3. Declaration of Jamie Hirsh in Support of Motion for Summary Judgment 4. Notice of Lodging and Lodging of Exhibits A-H in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authoritie...

Excerpt: ...cts learned through discovery, allegations based on those facts, five additional causes of action, and claims for punitive damages and attorney's fees against Defendants Los Angeles County Metropolitan Transportation Authority (“MTA”) and Felix Masterson (Doe 1) (collectively, “Defendants”). Defendants oppose the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “...

Excerpt: ...lth pursuant to Code of Civil Procedure section 36, subdivision (a). Plaintiffs initiated the action based on injuries Plaintiff Bern Bischof allegedly sustained when an underground transformer exploded at an Oktoberfest celebration at Old World in Huntington Beach, California. OPPOSITON Defendant Southern California Edison (“Edison”), and Defendant and Cross-Defendant General Electric (“GE”) (collectively, “Defendants”) oppose the mo...

Excerpt: ...nd Authorities in Support Thereof 2. Plaintiff's Compendium of Evidence in Support of Plaintiff's Opposition 3. Declaration of Harry Nalbandyan in Support of Plaintiff's Opposition 4. Plaintiff's Evidentiary Objections to the Declaration of Tina Booth 5. Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts; Plaintiff's Separate Statement of Undisputed Material Facts BACKGROUND Plaintiff Frannie Lynn Rattler (“Plai...

Excerpt: ...t Trader Joe's Company, Inc. (“Defendant”) swung open a restroom door, hitting Plaintiff's head. Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Plaintiff a. Propounded: April 23, 2020 b. Responded: July 29, 2020 c. Motion Filed: May 26, 2021 (Motion A) 2. Special Interrogatories, Set 1, Propounded to Plaintiff a. Propound...

Excerpt: ...NALYSIS When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examination of the plaintiff, the ...

Excerpt: ...ee, M.D. in Support of Motion for Summary Judgment 3. Declaration of David R. Tredway in Support of Motion for Summary Judgment 4. Declaration of Terrence J. Schafer in Support of Motion for Summary Judgment 5. Notice of Lodging and Lodging of Exhibits in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgmen...

Excerpt: ...Motion for Summary Judgment BACKGROUND Plaintiff Martha Flores (“Plaintiff”) sued Defendant Temple City Dialysis Facility, Inc. (“Defendant”) for professional medical negligence. Plaintiff contends Defendant negligently cared for Plaintiff causing her to fall and sustain severe and permanent injuries. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTI...

Excerpt: ...Pediatrix”) and Bahman Mehdizadeh, M.D. (“Mehdizadeh,” collectively, “Defendants”) for medical malpractice. Plaintiffs allege that Defendants negligently treated Decedent Isaac Stiny (“Decedent”), which caused Decedent's death shortly after his birth. Defendants demur to Plaintiffs' complaint and move to strike paragraph 43 of Plaintiffs' complaint, as well as the prayer for prejudgment interest. Plaintiffs oppose the motions. Defen...

Excerpt: ...defective airbag module and safety system in his 2005 Toyota Tundra. Toyota Tustin demurs to the fifth cause of action for products liability – breach of warranties, and the sixth cause of action for products liability – misrepresentation/concealment. Plaintiff opposes the demurrer. 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 C...

Excerpt: ..., and the amendment of the existing causes of action to include Asphalt Care. No Defendant has filed an opposition to the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “the court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistak...

Excerpt: ...Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Plaintiff: 1.1, 2.1 - 2.13, 4.1 – 4.2, 6.1 – 6.7, 7.1 – 7.3, 8.1 – 8.8, 9.1 – 9.2, 10.1 – 10.3, 11.1 – 11.2, 12.1 – 12.7, 13.1 – 13.2, 14.1 – 14.2, 17.1 & 20.1 a. Propounded: January 5, 2021 b. Responded: February 8, 2021 c. Motion Filed: March 29, 2021 (Motion A) 2. Request for ...

Excerpt: ...intiff”) sued Defendant David Alessi, M.D. (“Defendant”) for medical malpractice. Plaintiff alleges that Defendant negligently performed sinus surgery on Plaintiff. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material...

Excerpt: ...for punitive damages in the first amended complaint. Plaintiffs oppose the motion. ANALYSIS 1. MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; ...

Excerpt: ...filed an opposition to the motion. ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has 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 interes...

Excerpt: ...gment; Memorandum of Points and Authorities 2. Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts 3. Plaintiff's Additional Separate Statement of Undisputed Material Facts REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Jenia Issagholi (“Plaintiff”) sued Defendant City Glendale (“Defendant”) for premises liability claiming she tripped and fell on public property wit...

Excerpt: ...y supervise Plaintiff and Defendant City of Los Angeles (“City”) caused Plaintiff's injuries when it parked an official vehicle across the running track where her physical education was taking place, forcing her to run around the vehicle on to uneven surface. Defendant City demurs to the second cause of action for dangerous condition of public property in Plaintiff's complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter la...

Excerpt: ...al Exhibits in Support of Motion for Summary Judgment 5. Declaration of Gregory H. Smith in Support of Motion for Summary Judgment 6. Declaration of Gregory H. Smith in Support of Application to File Records in Support of Motion for Summary Judgment Under Seal 7. Declaration of Brad Bader in Support of Motion for Summary Judgment 8. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opp...

Excerpt: ...ant Los Angeles Fire Department (“Fire Department”) injured Plaintiff's shoulder when picking him up off the floor. Defendant demurs to the first cause of action for medical malpractice – negligence and the second cause of action for medical negligence. Plaintiff opposes the motion. ANALYSIS “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....

Excerpt: ...urrer. ANALYSIS A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. [¶] (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430.20.) “Code of Civil Procedure section 431.30, s...

Excerpt: ..., MD, who is a psychiatrist; (3) Barry I. Ludwig, MD, who is a neurologist; (4) Leslie Kaplan, MD, who is a urologist; (5) Kyle B. Boone, Ph.D., who is a neuropsychologist; and (6) Howard R. Krauss, MD, who is an ophthalmologist. Plaintiff submitted to an examination with Spoonamore on May 17, 2021. The motion is therefore moot as to the examination by Spoonamore. Notwithstanding, Plaintiff opposes the motion. ANALYSIS 1. PHYSICAL EXAMINATIONS Wh...

Excerpt: ...ack, Cunningham was working as an officer for CHP, and had stopped the driver of the vehicle in which Plaintiff was a passenger. Defendant demurs to Plaintiff's first amended complaint. Plaintiff opposes the demurrer. ANALYSIS “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 cons...

Excerpt: ...ment 3. Declaration of Leo J. Murphy, M.D. in Support of Motion for Summary Judgment 4. Declaration of Donna A. Dye in Support of Motion for Summary Judgment 5. Exhibits in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of David Diaz in Support of ...

Excerpt: ...Defendant's school district. Defendant demurs to the fourth cause of action for negligent hiring, supervision, and retention of unfit employee, the fifth cause of action for breach of mandatory duty: failure to report suspected child abuse; the sixth cause of action for negligent supervision of a minor; and the seventh cause of action for negligent failure to warn, train or educate in Plaintiff's complaint. Defendant also moves to strike allegati...

Excerpt: ... who is a neuropsychologist. Plaintiff opposes the motion. ANALYSIS 1. PHYSICAL EXAMINATION When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) Plaint...

Excerpt: ...omplete Care Family Medicine/Marcela Dominguez, M.D.; and (3) St. Joseph Health Mission Hospital. The subpoenas seek all documents about Plaintiff from March 13, 2014 to the present. (Declaration of Iris Weinmann, Exhibits A-C.) Defendant opposes the motion. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, �...

Excerpt: ...ngs: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “T he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, 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...

Excerpt: ...es that she sustained injuries after she slipped and fell on a hazardous and dangerous substance on property owned or controlled by Defendants Jade Opco, LLC and Jape Opco CA, LLC dba Paramount Building Solutions (collectively “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendants a. Propounded: Novembe...

Excerpt: .... Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement 3. Declaration of Ryan A. Camastra in Support of Opposition to Motion for Summary Judgment 4. Objections to Defendant's Evidence REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Augustus Tabor in Support of Reply to Opposition to Motion for Summar...

Excerpt: ...ive, Defendant moves to preclude Plaintiff Paul Fisher (“Plaintiff”) from calling Anthony Reading, PhD. (“Reading”) as an expert at trial. Defendant also moves to compel Plaintiff to appear for a mental examination. Plaintiff opposes the motions and ex parte application. ANALYSIS Per Code of Civil Procedure section 2034.610, subdivision (a), “On motion of any party who has engaged in a timely exchange of expert witness information, the ...

Excerpt: ...ate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Separate Statement in Support of Opposition to Motion for Summary Judgment 3. Plaintiff's Response to Defendant's Separate Statement 4. Plaintiff's Exhibit Log in Support of Opposition to Motion for Summary Judgment 5. Declaration of Eris J. Barillas in Suppor...

Excerpt: ...PERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement 3. Declaration of Ryan A. Camastra in Support of Opposition to Motion for Summary Judgment 4. Objections to Defendant's Evidence REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Augustus Tabor in Support of Reply to Opposition to Motion for...

Excerpt: ...n the death of her husband, Decedent Tigran Burunsuzyan. Defendant has not filed an opposition to the motion. Based upon Plaintiff's Ex Parte Application heard on April 9, 2021, the Court specially set Plaintiff's motion for trial preference for hearing on June 2, 2021 at 8:30 AM, and ordered Counsel for Plaintiff to provide notice of the hearing. (See April 9, 2021 Minute Order as corrected.) However, the Court notes that Plaintiff has not filed...

Excerpt: ...ion for Summary Judgment BACKGROUND Plaintiff Sara Tamano (“Plaintiff”) alleges she sustained injuries when a glass door shattered, cutting her hand. Defendant Eyal Hollinger (“Defendant”) moves for summary judgment on Plaintiff's complaint for negligence and premises liability. Plaintiff did not file an opposition to the motion. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of ...

Excerpt: ...n 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Han S. Lee 2. Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in support of Motion for Summary Judgment, or in the alternative, Motion for Summary Adjudication 2. Reply to Plaintiff's Opp...

Excerpt: ...es that she sustained injuries after she slipped and fell on a hazardous and dangerous substance on property owned or controlled by Defendants Jade Opco, LLC and Jape Opco CA, LLC dba Paramount Building Solutions (collectively “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendants a. Propounded: Novembe...

Excerpt: ... ANALYSIS When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examination of the plaintiff, th...

Excerpt: ...sition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Plaintiff's Response to Defendant's Separate Statement 3. Declaration of Ellen Levin in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment; Declaration of Leslie Anne Burnet 2. Defendant's Separate Statement in Reply to Plaintiff's Separate Statement 3. Defendant's Objections to Plaintiff...

Excerpt: ...uted Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Thomas Grogan, M.D. in Support of Motion for Summary Judgment 3. Separate Statement in Support of Opposition to Motion for Summary Judgment 4. Plaintiff's Response to Defendant's Separate Statement REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; M...

Excerpt: ...and Rasier, LLC (“Defendants”) based on injuries Plaintiffs allegedly sustained in a motor vehicle collision. Defendants move to compel Plaintiffs to arbitrate their claims. Plaintiffs oppose the motion. ANALYSIS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party...

Excerpt: ...tion of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examination of the plaintiff, the defendant must obtain leave of ...

Excerpt: ...Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Brian D. Avery in Support of Opposition to Motion for Summary Judgment 3. Declaration of Chance J. Pardon and Exhibits in Support of Opposition to Motion for Summary Judgment 4. Notice of Loding Exhibits in Support of Opposition to Motion for Summary Judgment 5. Plaintiff's Objections to Defendant's Evidence in Support of Motion for Summary Judgment 6. Response to...

Excerpt: ...ing of Videos in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Alan S. Turlington in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in support of Motion for Summary Judgment, or in the alternative, Motion for Summar...

Excerpt: ...efective golf cart owned and controlled by Defendant Scholl Canyon Golf Club (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Plaintiff, Nos. Nos. 1.1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2 2.13, 4.1, 4.2, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 9....

Excerpt: ...County (“County”), Los Angeles County University of Southern California Medical Center, James Leonard Buxbaum, M.D. (“Buxbaum”), Michael Andrew Quezada (“Quezada”), Michael Kline, and Tracy Kim Nguyen (collectively, “Defendants”) for medical negligence, battery, intentional misrepresentation, negligent misrepresentation, false promise and concealment. Plaintiff contends she agreed to have Buxbaum perform an endoscopy on her, but Q...

Excerpt: ...nt moves to strike the punitive damages allegations and prayer from Plaintiffs' first amended complaint. Plaintiffs oppose the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or im...

Excerpt: ...efective golf cart owned and controlled by Defendant Scholl Canyon Golf Club (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Plaintiff, Nos. Nos. 1.1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2 2.13, 4.1, 4.2, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 9....

Excerpt: ...aintiff was a passenger in a vehicle that Sepanj drove. Sepanj lost control of the vehicle and it flipped into a creek bed. The County seeks leave to amend its cross-complaint to name Hedieh Sepanj and Behdad Sepanj as Cross-Defendants (“Cross-Defendants”), who are Sepanj's parents, as parties. The County seeks to assert a claim for negligent entrustment against Cross-Defendants. Sepanj opposes the motion. ANALYSIS Under Code of Civil Procedu...

Excerpt: ...nt Robin Schwarm (“Defendant”) occurring on July 27, 2018. Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Nos. 2.6 – 2.7; 6.2; 6.4; 8.3 – 8.8; 11.2; 12.1; 20.2 – 20.5; 20.8 a. Propounded: August 4, 2020 b. Responded: January 27, 2021 c. Motion Filed: March 11, 2021 (Motion A) 2. Request for Identification and Production of Docume...

Excerpt: ...edent Tigran Burunsuzyan. Defendant has not filed an opposition to the motion. Based upon Plaintiff's Ex Parte Application heard on April 9, 2021, the Court specially set Plaintiff's motion for trial preference for hearing on June 2, 2021 at 8:30 AM, and ordered Counsel for Plaintiff to provide notice of the hearing. (See April 9, 2021 Minute Order as corrected.) However, the Court notes that Plaintiff has not filed a proof of service with a copy...

Excerpt: ...ff to arbitrate her claims. Plaintiff opposes the motion. ANALYSIS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “o...

Excerpt: ...ion 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 reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).) As to an individual, his or her residence is defined as that individual's ...

Excerpt: ...—X-rays; (4) Pro Med Spine; (5) United Healthcare; (6) Interinsurance Exchange of the Automobile Club; and (7) Westmed DBA McCormack Ambulance. The subpoenas seek any and all records about Plaintiff. (Declaration of Brian J. Kim, Exhibit B.) Defendant has not filed an opposition to the motion. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (...

Excerpt: ...disputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Plaintiff's Request for Judicial Notice in Opposition to Motion for Summary Judgment 3. Plaintiff's Separate Statement in Opposition to Motion for Summary Judgment 4. Declaration of Alex J. Balian in Support of Opposition to Motion for Summary Judgment 5. Declaration of John M. ...

Excerpt: ...ed the motion to strike. ANALYSIS “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.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the d...

Excerpt: ...ner-Coroner improperly provided Decedent's identity to the public. Defendant demurs to the fourth cause of action in Plaintiffs' first amended complaint. Plaintiffs oppose the demurrer. ANALYSIS “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...

Excerpt: .... ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of C...

Excerpt: ...nt also moves to strike portions of Plaintiff's second amended complaint. Plaintiff opposes the demurrer and motion. ANALYSIS “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.) “This rule of liberal constr...

Excerpt: ...Terry Spragg (“Defendant”). Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery request: Demand for Inspection and Production of Documents (“RFP”), Set 2, Propounded to Plaintiff: Nos. 18-25 a. Propounded: June 18, 2020 b. Responded: September 24, 2020 c. Motion Filed: October 29, 2020 Plaintiff opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the...

Excerpt: ...ort of Motion for Summary Judgment 5. Evidence Package of Exhibits in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Jon K. Beasley in Support of Opposition to Motion for Summary Judgment 3. Declaration of William Blum in Support of Opposition t...