Excerpt: ...mary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Adina A. Ostoia in Support of Opposition to Motion for Summary Judgment 3. Opposition to Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Molly S. Murp...

Excerpt: ...g) served on Newport Center Radiology Associates. King 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. (a).) In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if...

Excerpt: ...he premises owned by Cross-Complainant. Cross-Complainant filed a Cross-Complaint for Implied Indemnity against Defendants/Cross-Defendants Angel De Jesus Hernandez and Maritza Hernandez (Cross-Defendants), the registered owners of the truck that allegedly struck Plaintiff Myranda Isabelle De La Cruz (Plaintiff). Cross-Complainant seeks to add a cause of action for Express Indemnity and Breach of Contract and add Dr. Barouis Deirmenjian as Cross-...

Excerpt: ... to: (1) Form Interrogatories, set one (FROG); (2) Special Interrogatories, set one (SROG); (3) Request for Production of Documents, set one (RPD). Further Defendant moves to compel the appearance of Plaintiff for deposition. Finally, Defendant seeks to continue trial. Defendant seeks monetary sanctions in connection with the motion. Plaintiff opposes the motion. Defendant replies. Preliminarily, the Court finds that Defendant filed one motion to...

Excerpt: ...rm. Respondent has not filed an opposition. ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[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 ...

Excerpt: ...iffs assert a single negligence cause of action. Plaintiffs oppose the demurrer and the City replies to the opposition. [1] 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...

Excerpt: ...ff 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 court. (Code Civ. P...

Excerpt: ...politan Property Services, Inc., Metropolitan Property Services, LLC, Neighborhood Community Management, John Doe 1-4, Jane Doe 5, and Does 6-250 based on injuries Plaintiff alleges he sustained when John Doe 1, who was making a delivery using the Uber platform, assaulted Plaintiff, who ordered the food delivery. Defendants Uber Technologies, Inc., Uber USA, LLC, Uber Freight, LLC, Uber Eats, Uber, Raiser, LLC, Raiser-CA, LLC (collectively “Ube...

Excerpt: ...ntiff opposes the demurrer. Defendant replies. Plaintiff objects to Defendant's demurrer based on Defendant's failure to properly meet and confer, as well as Defendant's filing of an allegedly fraudulent declaration with the Court. Under Code of Civil Procedure section 435.5, Defendant was required to file a declaration in connection with the demurrer regarding the results of the meet and confer process with Plaintiff. (Code Civ. Proc., § 435.5,...

Excerpt: ...ry/punitive damages in the complaint. Plaintiff has not filed an opposition to 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 improper matter inserted in any pleading; or (...

Excerpt: ...Rent a Car (“Enterprise”), Young Dae Kim (“Kim”), and Does 1 to 20 for motor vehicle negligence based on injuries Plaintiffs allege they sustained when they were involved in a motor vehicle accident with a vehicle operated by Kim and owned by EAN and Enterprise on September 15, 2019 at 1500 S. Myrtle Ave., Monrovia, California 91016. EAN and Enterprise (collectively “Demurring Defendants”) demur to Plaintiff's Complaint on the grounds...

Excerpt: ... demur to Plaintiff's first through third causes of action in the second amended complaint (“SAC”) on the grounds of uncertainty and insufficient facts. Plaintiff opposes the demurrer and Demurring Defendants reply 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, ...

Excerpt: ...ants Thirty-Five Linden Avenue Condominium Association and LBCM, Inc., dba CondoServices (Moving Defendants) were the cooperative association and management company of the premises where the alleged incident occurred. Moving Defendants move for judgment on the pleading as to the fourth cause of action in Plaintiff's First Amended Complaint (FAC). Plaintiff has not filed an opposition to the motion. ANALYSIS 1. JUDICIAL NOTICE Moving Defendants se...

Excerpt: ...ary care physician, Lee Kissel, M.D. (“Deponent”). Defendant opposes the motion and 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, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court...

Excerpt: ...s fees in the complaint. Plaintiff has not filed an opposition to 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 improper matter inserted in any pleading; or (2) strike out...

Excerpt: ...a Kamali (collectively, “Plaintiffs”) allege they suffered injuries following healthcare visits with Mohsen Moghaddam who allegedly tried to grab and kiss Plaintiffs. Defendants Mohsen Moghaddam, Asia Medical Clinic and Tarzana Multi-Specialty Medical Center (collectively, “Defendants”) served on Plaintiffs 16 sets of written discovery including Requests for Production of Documents (“RPD”), Form Interrogatories (“FROG) and Special I...

Excerpt: ...ruary 9, 2022, default was entered against Defendant. On August 5, 2022, the Court heard Defendant's motion to set aside default. Defendant argued Plaintiff's service of the complaint and summons was defective because he did not live at the 12008 Peony Court address at the time of purported service. The Court found Defendant did not advance sufficient competent evidence to establish that substituted service on Jane Doe on November 4, 2020, at 120...

Excerpt: ...egligent hiring, supervision, and retention; and (4) respondeat superior. Plaintiff's Complaint alleges that on March 7, 2020, at or near 5700 Balboa Ave. in San Diego, CA, Moving Defendant and two employees, Ariel Ruting and Angel Perez De Leon, barricaded Plaintiff's path of travel on the sidewalk of Balboa Avenue, causing Plaintiff to panic and run into oncoming traffic where she was struck by a vehicle. The Complaint also alleges that Defenda...

Excerpt: ...es she sustained when Baldwin discharged a loaded gun towards Plaintiff. Demurring Defendants demur to Plaintiff's first through third causes of action in the second amended complaint (“SAC”) on the grounds of uncertainty and insufficient facts. Demurring Defendants also move to strike Plaintiff's prayer for punitive damages in the SAC. Plaintiff opposes the motion and demurrer and Demurring Defendants reply to the oppositions. ANALYSIS 1. DE...

Excerpt: ...ny of Los Angeles, LLC, erroneously sued as EAN Holdings, LLC d/b/a Enterprise Rent-A-Car (Defendants), based on a motor vehicle collision. Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC, erroneously sued as EAN Holdings, LLC d/b/a Enterprise Rent-A-Car (Moving Defendant) demurs to Plaintiffs' complaint. Plaintiff opposes the demurrer and Moving Defendant replies to the opposition. ANALYSIS “It is black letter law that a demurrer t...

Excerpt: ...aintiff) nor any other party has filed an opposition to the motion. ANALYSIS To grant a motion to seal, the court must expressly find that: (1) an overriding interest exists that overcomes the right of public access to the record; (2) the overriding interest supports sealing the records; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; ...

Excerpt: ...ion and Request for Sanctions; Request for Sanctions; Declaration of Carmen R. Selame REPLY PAPERS: 1. Reply to Opposition to Motion to Compel Compliance with Plaintiff's Request for a Vehicle Inspection and Request for Sanctions BACKGROUND This is a personal injury action arising out of a motor vehicle accident between Dana Peters (Plaintiff) and Michael James Way (Defendant) in the Sherman Oaks neighborhood of Los Angeles, CA on March 6, 2017. ...

Excerpt: ...tement of Undisputed Material Facts 3. Evidence in Support of Motion OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Raymond Ghermezian 2. Response to Defendants' Separate Statement of Undisputed Material Facts 3. Separate Statement of Undisputed Material Facts and References to Supporting Evidence 4. Objections to Defendants' Evidence 5. Declaration of Brad P. Avrit with Certa...

Excerpt: ...ntiff) to Form Interrogatories, set one (FROG); Special Interrogatories, set one (SROG); Request for Production of Documents, set one (RPD); and moves to deem admitted the matters specified in Request for Admission, set one (RFA). Plaintiff opposes the four motions. Defendant replies. Foremost, Defendants contends that Plaintiff's oppositions are untimely. Per Code of Civil Procedure section 1005, all papers opposing a motion shall be filed with ...

Excerpt: ...te Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or in the Alternative, Summary Adjudication 4. Notice of Lodgment 5. Declaration of Melissa Harly Rose 6. Declaration of Clarice Cohn OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Summary Judgment Motion, or in the Alternative, Summary Adjudication of Issues 2. Plaintiffs' Separate Statement of Disputed and Undisputed and Additional M...

Excerpt: ...tiff alleges that on June 5, 2021, he was walking in Covina, California when a utility cover he walked over suddenly gave way and he fell through. (Complaint, ¶ 11.) County opposes the petition and Plaintiff replies to the opposition. ANALYSIS 1. GOVERNMENT CLAIMS ACT Per the Government Claims Act, a party with a claim for money or damages against a public entity must present a written claim directly with that entity. (Gov. Code, § 905.) And un...

Excerpt: ...e facility, approached Plaintiff, initiated a squabble, and demanded that Plaintiff go inside the facility. When Plaintiff did not immediately comply, Thomas stabbed Plaintiff in his left ear with a sharp object. Defendant demurs to the entire Complaint and moves to strike the claim for exemplary and punitive damages. Defendant filed notices of non-opposition indicating the deadline for oppositions had passed and no party opposed the demurrer and...

Excerpt: ...e Transportation, Inc.; 3 LP Trucking Inc.; and Absolute Movers Inc. (collectively, Moving Defendants) demur to the first and second causes of action in Plaintiff's Complaint. Plaintiff opposes the demurrer. Moving Defendants reply. 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 c...

Excerpt: ...position to the motion and Defendants reply to the opposition. Foremost, Defendants contend that Plaintiff's opposition is untimely. Per Code of Civil Procedure section 1005, all papers opposing a motion shall be filed with the Court and a copy served on each party at least nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) Based on the hearing date of October 21, 2022, Plaintiff was thus required to file and serve the opp...

Excerpt: ...in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Summary Judgment Motion 2. Evidence in Opposition to Motion for Summary Judgment (Declaration of Ashley Mann; Declaration of Jeffrey L. Molchan; Declaration of Scott Mann; Declaration of Mark J. Burns) 3. Plaintiff's Response to Separate S...

Excerpt: ...r falling on off a horse on property owned, controlled or possessed by Defendants Far West Farm (“Far West”), Nicholas P. Karazissis (“Karazissis”), Karazissis Trust, Karazissis Brothers Inc. and Chris Cervantes (“Cervantes”). Plaintiff also alleges that the horse was owned and controlled by the defendants. (See First Amended Complaint, pp. 4-5.) Plaintiff moves the Court for orders compelling Far West, Karazissis and Cervantes to pro...

Excerpt: ...arate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment and/or Adjudication 3. Volume of Evidence in Support of Motion for Summary Judgment and/or Adjudication 4. Declaration of Vincent Albrigo in Support of Motion for Summary Judgment and/or Adjudication 5. Declaration of John Coffey in Support of Motion for Summary Judgment and/or Adjudication 6. Declaration of Philip A. Kraft in Support of Motion for Summary Judg...

Excerpt: ... the matters specified in Request for Admissions, set one, (RFA). Plaintiff seeks monetary sanctions in connection with the motions. Defendant has filed oppositions to the motions and Plaintiff replies to the oppositions. ANALYSIS Pursuant to Code of Civil Procedure section 2033.280, subdivision (a), “[i]f a party to whom requests or admission are directed fails to serve a timely response . . . [t]he party to whom the requests for admission are...

Excerpt: ...ent 4. Exhibits 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. Declaration of Counsel in Support of Opposition to Motion for Summary Judgment 3. Compendium of Exhibits 4. Objections to Evidence Submitted in Support of Motion for Summary Judgment 5. Response...

Excerpt: ...f”) opposes the motion and Defendant replies to the opposition. At the hearing on September 9, 2022, the Court continued the hearing to permit the parties to submit supplemental points and authorities on the following issues: (1) whether the July 20, 2021 entry of default regarding Defendant is void or voidable because a statement of damages was not filed or served before the entry of default, and (2) whether the affidavit of attorney fault gra...

Excerpt: ...hysical 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 entitled to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If a plaintiff fails to comply with a demand for a physical examination, “the defendant may move for an ord...

Excerpt: ...n questions. Defendant opposes the motion and Plaintiff replies to the opposition. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the Eighth Amended Standing Order for Procedures in the Personal Injury Hub Courts Effective October 10, 2022, ¶ 9E, “PI Hub Courts will not hear Motions to Compel Further Discovery Responses to Discovery until the parties have engaged in an Informal Discovery Conference (IDC) . . . The purpose of the IDC...

Excerpt: ...eplied to the opposition. JUDICIAL NOTICE The Court grants Cross-Defendant's requests for judicial notice as to: Item A (The Notice of Demand for Restitution and Demand for Restitution; Points and Authorities) and Item B (The Superior Court of California County of Los Angeles LASC Case No. 9AR31364 Docket as of March 22, 2022) pursuant to Evidence Code sections 452 and 453. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil ...

Excerpt: .... 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. Exhibit Log with Exhibits in Support of Opposition to Motion for Summary Judgment 3. Separate Statement of Undisputed Material Facts in Support of Opposition to Motion for Summary Judgment 4. Response to Defendant's Separate Statement of Undisputed Mate...

Excerpt: ...��Defendant”) filed an opposition to the motion and Plaintiff has replied to the opposition. ANALYSIS Code of Civil procedure section 473 “includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25.) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prej...

Excerpt: ...ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code, §§ 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) Further, an action against a public employee is barred if an action against the employing public entity would be barred by the fa...

Excerpt: ...nd Alice were being transported on a bus during a shore excursion provided by Defendant Alaska Hotel Properties, LLC, dba Princess Lodges (“Defendant”) in connection with their travel from Copper River Princess Wilderness Lodge to Denali Princess Wilderness Lodge. Jeffrey and Wendell have derivative loss of consortium claims based on their wives' injuries. Defendant now moves to dismiss this action based on an improper forum, contending that ...

Excerpt: ...ies 2. Separate Statement of Undisputed Material Facts and Supporting Evidence 3. Declaration of Carrie Bruhl 4. Declaration of Mark Hollinger 5. Declaration of Ritsa Gountoumas OPPOSITION PAPERS: Opposition filed by Cross-Defendants HCI 333 East Ocean Owner LP, HCI 333 East Ocean Owner GP LLC, Marriott International, Inc., and Westin Long Beach Hotel 1. Opposition to Motion for Summary Judgment 2. Evidentiary Objections 3. Proposed Order for Evi...

Excerpt: ...1. Opposition to Motion for Summary Judgment 2. Response to Separate Statement in Support of Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Declaration of John Park BACKGROUND Plaintiff Robert Viscaina (“Plaintiff”) alleges he sustained injuries when he slipped and fell due to a drainpipe on property owned and controlled by Defendant Fitness International, LLC (“Defendant”). Defendant move...

Excerpt: ...nant Costco Wholesale Corporation (“Costco”). Plaintiffs alleges Thomas slipped and fell in a puddle of gasoline originating from a leak in a truck owned by UHC. UHC demurs to Costso's entire first amended cross-complaint. Costco opposes the demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and ...

Excerpt: ...hile Plaintiff was on duty. Defendant demurs to the first cause of action for assault and battery, second cause of action for negligence, and third cause of action for violation of Civil Code section 52.1 (“Bane Act”) in 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....

Excerpt: ... Identification and Production of Documents, set one (“RPD”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). Defendant also moves to deem admitted the matters specified in Requests for Admission, set one (“RFA”), which Defendant propounded on Plaintiff. Defendant seeks monetary sanctions. Plaintiff has not filed oppositions to the motions. Defendant has also filed a declaration of co...

Excerpt: ...rated by Defendant Smart & Final Stores, LLC (“Defendant”). Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Request for Production of Documents, Set 1, Propounded to Defendant  Propounded: January 20, 2022  Responses: March 23, 2022  Motion Filed: May 5, 2022 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the Seventh ...

Excerpt: ...ete expert discovery. Defendants oppose the motion. ANALYSIS Trial is currently set for October 21, 2022, which the Court set pursuant to the parties' oral stipulation. (See June 8, 2022 Minute Order.) The fact discovery cutoff of March 22, 2022, and the expert discovery cutoff of April 6, 2022, based on the prior April 21, 2022 trial date, were to remain in effect. (Code Civ. Proc., §§ 2024.020, subd. (a), 2024.030, 2016.060; see June 8, 2022 ...

Excerpt: ...ant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Defendant a. Propounded: December 22, 2021 b. Responses: UNCERTAIN – Defendant failed to attach a copy of the responses with the proof of service to the moving papers. c. Motion Filed: July 18, 2022 (served by electronic service on July 14, 2022) 2. Requests for Admission, Set 1, ...