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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...—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: ...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: .... 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...

Excerpt: ...ndant Kenworth Truck Company, an unincorporated division of Paccar Inc. as Kenworth Trucks, Inc. and Defendant Universal Protection Service LP as Allied Universal Corporation. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “Th e 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 t...

Excerpt: ...endants demur to Plaintiff's 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 construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws i...

Excerpt: ...wer pole at the time of the incident based upon a contract for services between Defendant and the owner of the power pole, the City of Los Angeles Department of Water and Power (“DWP”). Plaintiff contends that Defendant willfully discarded the power pole and the cross-arm bracket which struck Plaintiff causing him prejudice. Plaintiff moves for terminating sanctions, or in the alternative, for issue or evidentiary sanctions. However, Plaintif...

Excerpt: ...mary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiffs Judy Montano Rodriguez and Layla Sheriece Montano (“Plaintiffs”) filed this action based on injuries they sustained in a motor vehicle collision with Defendant Gilbert Soller Villadores (“Villadores”). Plaintiffs contend Defendant Federal One Supplies, LLC (“Defendant”) is liable for Villadores's negligence ...

Excerpt: ...ry, promissory fraud, fraud in the inducement, and intentional infliction of emotional distress. Plaintiff demurs to the second and third causes of action in Defendant's first amended cross-complaint. Plaintiff also moves to strike portions of the first amended cross- complaint. 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, 3...

Excerpt: ...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 Plaintiff Anatoliy Polis in Support of Opposition to Motion for Summary Judgment 3. Declaration of Lena Michael in Support of Opposition to Motion for Summary Judgment 4. Declaration of Parham Javaherzadeh in Support of Opposition to Mot...

Excerpt: ...ts and Authorities BACKGROUND Plaintiff Margarita Torres (“Plaintiff”) alleges she sustained injuries in a slip and fall accident at a laundromat that Defendants Free Dry LLC and Mustansir Caderbhoy (“Defendants”) owned and operated. Plaintiff contends she slipped and fell on yogurt on the floor of the laundromat. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff opposes the motion. LEGAL STANDARD – MOTION FOR SUM...

Excerpt: ...Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Frances Santillian-Corall (“Plaintiff”) alleges she sustained injuries when she stepped into an uncovered utility box on the sidewalk. Defendant City Light & Power Inc. (“Defendant”) maintained utility boxes for Defendant City of Long Beach (“City”). Defendant moves for summary judgment or summa...

Excerpt: ...—Downtown—LA; (2) Adventist Health White Memorial Medical Center/Billing—East Valley—LA; (3) Adventist Health White Memorial Medical Center/Radiology—Downtown—LA; (4) Victory Emergency Physicians Medical Group—Downtown—LA; (5) Arrowhead Regional Medical Center/Medical Records—Local— Red; (6) Arrowhead Regional Medical Center/Patient Accounts—Local—Red; (7) Arrowhead Regional Medical Center/Radiology—Local—Red. The subp...

Excerpt: ...rnia Rehabilitation Institute and Kate Adeletti, PT (“Defendants”) for professional negligence. Plaintiff alleges that Defendants failed to adequately assist Plaintiff while she was undergoing rehabilitation following surgery, which caused Plaintiff to fall. Defendants 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 f...

Excerpt: ...mary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Elliot S. Berkowitz in Support of Opposition to Motion for Summary Judgment 3. Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment 4. Response to Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; M...

Excerpt: ...aron 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 9. Exhibits in Support of Motion for Summary Judgment 10. Notice of Lodging Exhibit i...

Excerpt: ...ases claims against the Estate of Joel David Wite (“Decedent”), Jesi Alexander Tinker-Rein (“Tinker-Rein”), Jamil Leshawn Mann (“Mann”), Landon Wetterstrom (“Wetterstrom”), and Loft Luxury, LLC (collectively, “Settling Parties”), who are not parties to this litigation. Defendant Justin Robert Chandler (“Chandler”) opposes the motion. ANALYSIS In Tech-Bilt, Inc. v. Woodward-Clyde & Associates, the supreme court set forth th...

Excerpt: ...e to strike the prayer for punitive damages in the complaint.[1] 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(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) s...

Excerpt: ...ages in the first amended complaint. Plaintiff opposes 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(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...

Excerpt: ...hen a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party's pleading. (Code Civ. Proc., § 2023.030, subd. (d)(1).) In its order of January 14, 2021, the Court ordered Plaintiff to submit to a medical examination on February 17, 2021. (See January 14, 2021 Minute Order.) On that date, Plaintiff appeared for the examination wit...

Excerpt: ...dging of Surveillance Video in Support of Motion for Summary Judgment 4. Request for Judicial Notice in Support of Motion for Summary Judgment 5. Separate Volume 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. Plaintiff's Compendium of Declaratio...

Excerpt: ...of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Marc S. Soble in Support of Opposition to Motion for Summary Judgment 3. Response to Separate Statement in Support of Opposition to Motion for Summary Judgment 4. Evidentiary Objection REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Decla...

Excerpt: ...e of Civil Procedure section 473, subdivision (a)(1), “Th e 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 discretion, after notice to the ...

Excerpt: ...s in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Appendix of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Declaration of Jimmy Chang in Support of Opposition to Motion for Summary Judgment 4. Declaration of Paul B. Donzis, M.D. in Support of Opposition to Motion for Summary Judgment 5. Declaration of Joseph A. Tang in Support...

Excerpt: ...s in a safe condition, Plaintiff sustained injuries after falling due to a floor mat. Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Requests for Production of Documents, Set 1, Request No.1 a. Propounded: June 24, 2020 b. Responded: August 17, 2020 c. Motion Filed: March 26, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per th...

Excerpt: ... Civil Procedure section 36, subdivisions (a) and (e). Defendant opposes 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 ne...

Excerpt: ...y submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely. TENTATIVE RULING DEPARTMENT 32 HEARING DATE May 11, 2021 CASE NUMBER 19STCV31568 MOTION Motion for Summary Judgment MOVING PARTY Defendant Burlington Coat Factory of Texas OPPOSING PARTY Plaintiff Helga Aghakhanian MOV...

Excerpt: ...ctice. Plaintiffs allege that Defendant negligently cared for Domazet while she was pregnant with Decedent Isaac Stiny (“Decedent”), which caused Decedent's death shortly after his birth. Defendant demurs to Plaintiffs' complaint, or, in the alternative, moves to dismiss Plaintiffs' complaint. Plaintiffs oppose the demurrer ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Le...

Excerpt: ... of Motion for Summary Judgment 3. 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 in Support of Opposition to Motion for Summary Judgment 3. Declaration of Rod Bergen in Support of Opposition to Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Op...

Excerpt: ... a security guard working at a market that Defendant owned and operated shot Decedent. Defendant moves to strike the punitive damages allegations from Plaintiffs' second 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)...

Excerpt: ...tion for Summary Judgment 3. Declaration of Inga Hofer in Support of Motion for Summary Judgment 4. Appendix of Federal and Sister State Authorities in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 6. Motion for Imposition of Monetary Sanctions; Memorandum of Points and Authorities OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Po...

Excerpt: ...unitive damages allegations from Plaintiffs' 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(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: ...tion for Summary Judgment 5. Request for Judicial Notice 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. Index of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Declarations of Wendi O. Wagner and Edward Puzak in Support of Opposition to...

Excerpt: ...t. Defendant demurs to the complaint. Plaintiff opposes the demurrer. Defendant moves to strike portions of the complaint. Plaintiff filed a notice of non-opposition to the motion to strike. The Court therefore grants the motion to strike without leave to amend as stipulated. 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....

Excerpt: ...t tea spilled on Plaintiff. Plaintiff seeks leave to file a first amended complaint. Defendants oppose 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 ...

Excerpt: ...h Brown (“Defendant”) struck Plaintiff with her vehicle. 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 preju...

Excerpt: ...that Defendant negligently performed shoulder surgery on Plaintiff. Plaintiff has not filed an opposition to the motion. 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 o...

Excerpt: ... death of Decedent. Plaintiffs allege that Decedent underwent a procedure on his leg at Defendant's hospital, and later died. Plaintiffs have not filed oppositions to the motions. 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 compl...

Excerpt: ...rring 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 Documents, Set 1, Nos. 2 - 3 a. Propounded: A...

Excerpt: ...otion. 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...

Excerpt: ...sions 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 discretion, after...

Excerpt: ...legations in the first cause of action: “trained to use instructed to use, supervised the vehicle bus no. 862” and “The defendants who entrusted the motor vehicle are: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, a Government Entity.” 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 th...

Excerpt: ...gerous and defective condition on property owned and controlled by Defendant Cruise America Inc. (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 2, Propounded to Plaintiff: No. 17.1 a. Propounded: July 27, 2020 b. Responded: September 8, 2020 c. Motion Filed: March 15, 2021 (Motion A) 2. Special Interrogatories, Set 2, Propo...

Excerpt: ...yler MOTIONS Plaintiffs Victoria Marie Hughes, Dimitri L. Roger, and Teigi Koran Hughes-Tyler (“Plaintiffs”) filed this action against Defendants Vermont Avenue Fee Owner LLC, CCP/TRU Vermont Ventura LLC, Capri Capital Partners, LLC, Greystar Real Estate Partners, LLC, Greystar California, Inc. Greystar Holdings, Inc. and Greystar Worldwide, LLC (“Defendants”) following a home invasion robbery. Defendants demur to the causes of action for...

Excerpt: ...injuries after a waitress negligently caused the hot contents of a tea pot to spill onto her while at a restaurant owned and operated by Defendants SWH Mimi's Café Holding Company, Inc. (“Defendant Holding Company”) and SWH Mimi's Café, LLC's (“Defendant Mimi's Café”) (collectively, “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Int...

Excerpt: ...gerous and defective condition on property owned and controlled by Defendant Cruise America Inc. (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 2, Propounded to Plaintiff: No. 17.1 a. Propounded: July 27, 2020 b. Responded: September 8, 2020 c. Motion Filed: March 15, 2021 (Motion A) 2. Special Interrogatories, Set 2, Propo...

Excerpt: ...injuries after a waitress negligently caused the hot contents of a tea pot to spill onto her while at a restaurant owned and operated by Defendants SWH Mimi's Café Holding Company, Inc. (“Defendant Holding Company”) and SWH Mimi's Café, LLC's (“Defendant Mimi's Café”) (collectively, “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Int...

Excerpt: ... of action for intentional tort in Plaintiffs' complaint and moves to strike the prayer for punitive damages in the complaint. Plaintiffs oppose the motions. 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 C...

Excerpt: ...econd cause of action for elder abuse in Plaintiff's first amended complaint. In response, Plaintiff filed the instant motion for leave to file a second amended complaint. Plaintiff seeks to withdraw her cause of action for elder abuse, and amend her complaint to assert causes of action for negligence and premises liability. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The ...

Excerpt: ...ime 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, o...

Excerpt: ...ger”). Plaintiff opposes the motion. 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 a defendant seeks to obtain an additional physi...

Excerpt: ...equires a party seeking reconsideration to “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” in the current motion. (Code Civ. Proc., § 1008, subd. (b).) On a motion for reconsideration, a party must present new or different facts, circumstances, or law, which the moving party “could not, with reaso...

Excerpt: ...ompendium 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 Obj...

Excerpt: ...Defendant also moves to strike the prayer for punitive damages from Plaintiff's complaint. Plaintiff has not filed oppositions to the motions. 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.) “T...

Excerpt: .... Request for Judicial Notice 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 Mark J. Burns in Support of Opposition to Motion for Summary Judgment 3. Response to Separate Statement of Undisputed Material Facts REPLY PAPERS:[1] 1. Reply to Opp...

Excerpt: ...r Summary Judgment 4. Notice of Lodging 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. Plaintiff's Response to Defendant's Separate Statement 3. Plaintiff's Separate Statement of Disputes in Opposition to Motion for Summary Judgment 4. Declaration ...

Excerpt: ...mary Judgment 4. Compendium 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 ...

Excerpt: ...ants”) based on an incident in which Sanchez slapped Plaintiff. Defendants demur to the first, second, fourth and fifth causes of action in Plaintiff's first amended complaint. Defendants also move to strike portions of the first amended complaint. 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...

Excerpt: ...igent infliction of emotional distress, intentional infliction of emotional distress and survival action. Plaintiffs allege that Defendant negligently cared for Domazet while she was pregnant with Decedent Isaac Stiny (“Decedent”), which caused Decedent's death shortly after his birth. Defendant moves to dismiss Plaintiffs' complaint. Defendants American Red Cross, Imelda Tio, M.D., Imelda Tio, M.D., APC, Lauren Hyman, M.D., Lauren Hyman, M.D...

Excerpt: ...ent 3. 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 Ray Moore in Support of Opposition to Motion for Summary Judgment 3. Declaration of Dean Ogrin in Support of Opposition to Motion for Summary Judgment 4. Declaration of Michael Blumenkrantz, M.D. in Support of Opposition to Motion fo...

Excerpt: ...ny 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 California, a...

Excerpt: ...ves the Court for orders compelling Defendant to provide further responses to the following discovery request, and imposing monetary sanctions on Defendant for abusing the discovery process: Special Interrogatories, Set 2 (SROG), Nos. 34-42 a. Propounded: April 10, 2020 b. Response: August 31, 2020 c. Motion Filed: October 23, 2020 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the First Amended Standing O...

Excerpt: ... complaint. Plaintiff has not filed oppositions to the motions. 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 inference...

Excerpt: ...tiff has not filed an opposition to the motion. ANALYSIS 1. MOTION A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” ...

Excerpt: ...Christopher Blank (“Blank”) drove as a driver for Uber Technologies Inc., Rasier LLC, and Rasier-CA LLC (collectively, “Defendants”). Defendants demur to the fourth cause of action in Plaintiff's first amended complaint, and move to strike the claims for punitive damages in the first amended complaint. Plaintiff opposes the motions. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegatio...

Excerpt: ...not affect the court's authority to adjudicate the case. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) However, a judgment in a wrongful death action bars subsequent claims against the tortfeasor by those omitted heirs. (Id. at P. 810.) Therefore, Plaintiff may be personally liable to the omitted heirs in the amount of damages they could have recovered if they were joined in the action. (Ibid.) Additionally, a settlement between the ...

Excerpt: ...remises. Plaintiff moves the Court for orders compelling Defendant to provide further responses to the following discovery requests, and for orders imposing monetary sanctions on Defendant for abusing the discovery process: 1. Request for Admissions, Set 2 (RFA), Nos. 12 and 13 a. Propounded: August 25, 2020 b. Response: September 25, 2020 c. Further Response: February 5, 2021 d. Motion Filed: February 23, 2021 (Motion A) 2. Form Interrogatories,...

Excerpt: ...n 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 Michael K. Teiman in Support of Opposition to Motion for Summary Judgment 3. Notice of Lodging Exhibits in Support of Opposition to Motion for Summary Judgment 4. Response to Defendant's Separate ...

Excerpt: ...dgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement in Support of Motion for Summary Judgment REPLY PAPERS: 1. Reply Brief in Support of Motion for Summary Judgment 2. Notice of Lodgment of Transcript 3. Defendant's Evidentiary objections [1] BACKGROUND Plaintiff Katrin Derderian (“Plaintiff”) alleges she sustained injuries when she fell on ...

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

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 claims stemming from a medical procedure. Plaintiff contends she agreed to have Buxbaum perform an endoscopy on her, but Quezada performed the endoscopy without Plaintiff's knowledge or consent which...

Excerpt: ...ence. Defendant demurs to Plaintiff's first amended complaint, and moves to strike portions of the first amended complaint. Plaintiff opposes both motions. 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., ...

Excerpt: ...ion for Summary Judgment 4. Request for Judicial Notice in Support of Motion for Summary Judgment 5. Notice of Lodgment of Foreign Authorities 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; Declaration of Ryne Osborne 2. Separate Statement in Opposition to Mo...

Excerpt: ... Plaintiff opposes the motion. However, Plaintiff stipulates to striking the allegations, claims and prayer for punitive damages against Omid. (See Opposition to Motion to Strike, p. 4.) 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 co...

Excerpt: ...s second 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 construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences fa...

Excerpt: ...participating in an after- school program theater rehearsal for the play Westside Story. (Complaint, ¶ 10.) During the program, Plaintiff alleges she was rehearsing a “fight scene” from Westside Story with her student partner, Nina. (Ibid.) Plaintiff further asserts that Nina's body made contact with Plaintiff's body while rehearsing this “fight scene” causing Plaintiff injuries. (Ibid.) Plaintiff moves the Court for orders compelling De...

Excerpt: ...s to contest the good faith of the settlement. Nur opposes the motion. ANALYSIS In Tech-Bilt, Inc. v. Woodward-Clyde & Associates, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech-Bilt factors are: (1) a rough approximation of plaintiff's total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plain...

Excerpt: ...e 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 discretion, after notice to the ...

Excerpt: ...in a street within the city limits of Defendant City of Los Angeles (“City”). The City cross-complained against Cross-Defendant Irish Construction. Cross-Defendant Irish Construction moves for summary judgment on the City's cross-complaint. The City has not opposed 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 fact...

Excerpt: ... 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 T. Ryan in Support of Opposition to Motion for Summary Judgment 3. Declaration of Gidon R. Vardi, PhD, in Support of Opposition to Motion for Summary Judgment 4. Response to Separate Statement of Undisputed Material Fact 5. Plaintiff's Objections to Defendant's Evidence REPLY PAP...

Excerpt: ...tary sanctions on Defendant for abusing the discovery process. Defendant opposes the motion. Procedural Requirements Informal Discovery Conference Per the First Amended Standing Order re Personal Injury Procedures at the Spring Street Courthouse, ¶¶ 12-13, “The purpose of an Informal Discovery Conference (IDC) is to assist the parties to resolve and/or narrow the scope of discovery disputes. . . . Parties must participate in an IDC before a M...

Excerpt: ...t OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Request for Judicial Notice in Support of Opposition to Motion for Summary Judgment 3. Separate Volume of Evidence in Support of Opposition to Motion for Summary Judgment 4. Separate Statement in Opposition to Motion for Summary Judgment 5. Objection to Defendants' Evidence in Support of Motion for Summary Judgment REPLY PAPERS: 1. Reply in ...

Excerpt: ...ts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Index of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Response to Separate Statement of Undisputed Material Fact 4. Objections to Evidence REPLY PAPERS: 1. Memorandum in Reply to Opposition to Motion for Summary Judgment 2. Response to the District's Separate Statement of Undi...

Excerpt: ... complaint. Plaintiff opposes the motions. 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 pl...

Excerpt: ...e examination of Plaintiff by Philip K. Stenquist, Ph.D (“Stenquist”). Defendants Lulia Ma and Wendhua Yu join the motion. ANALYSIS Defendants cite Code of Civil Procedure section 2032.220 as authority for this motion. Per Code of Civil Procedure section 2032.220, 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., §§ 20...

Excerpt: ...cuments that Defendant was “unable to locate the video surveillance at this time.” (Declaration of Hadi E. Ramsey, Exh. 2, p. 5.) Plaintiff moves for a terminating sanction, or in the alternative, for issue or evidentiary sanctions. Plaintiff has not submitted a separate statement in connection with her request for issue or evidentiary sanctions. Plaintiff's motion for issue or evidentiary sanctions is therefore denied as procedurally defecti...

Excerpt: ...nder, struck Senh while Senh was riding a bicycle. Plaintiffs move to amend the complaint to assert a claim for punitive damages. ANALYSIS Per 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 mistake in the name of a party, or a mistake in any ...

Excerpt: ...Motion for Summary Judgment 3. Declaration of Robert F. Donohue in Support of Motion for Summary Judgment 4. Index of 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 Diana D. Price in Support of Opposition 3. Declaration of Dustin Tho...