Excerpt: ... order. No opposition has been filed. ANALYSIS The court has discretion to impose terminating sanctions when a party willfully disobeys a discovery order. (Code Civ. Proc., § 2023.010(g).) The court may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., § 2023.030(d).) California discovery law authorizes a range of penalties for a party's refusal to obey a discovery order, inclu...

Excerpt: ...eir son (“Decedent”) died after falling from a chair while unsupervised in a classroom. Decedent was a student with special needs who attended Sunset Elementary School within the Hacienda La Puente Unified School District (“District”). Gallagher Pediatric Therapy, Inc. (“GPT”) provided physical therapy services to Decedent through its employee, Elke Tapia (“Tapia”). Plaintiffs sued the District, GPT, and Tapia, but later dismissed...

Excerpt: ... 2022, Defendant filed a motion seeking to strike the claim for, and references to, exemplary damages on the grounds that Plaintiff has failed to state facts which allow for the recovery of such damages. On March 16, 2022, Plaintiff filed an opposition to Defendant's motion to strike. On March 23, 2022, Defendant filed a reply to Plaintiff's opposition. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a mot...

Excerpt: ... January 26, 2022, Petitioner filed a motion to compel deposition of the person most knowledgeable of Advanced Spine Institute. Respondent opposes the motion. Petitioner moves the Court for an order compelling compliance with its deposition subpoena and for sanctions due to the failure of the Person Most Knowledgeable of Advanced Spine Institute to appear deposition and produce business records without substantial justification. Petitioner also s...

Excerpt: ...f informed consent. On February 6, 2022, Defendant filed a demurrer to Plaintiff's Complaint. Defendant demurs to the Second and Third causes of action of the Complaint on the grounds that those causes of action relate to the same primary right as the first cause of action for professional negligence, i.e., alleged physical injuries to the Plaintiff during his negligent treatment with Defendant. On March 22, 2022, Plaintiff filed an opposition to...

Excerpt: ...properly served deposition notice requires a party to attend and to testify. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, … or to produce for inspection any document, … described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and test...

Excerpt: ...t of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 4. Notice of Lodgment In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Request for Judicial notice In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSIT...

Excerpt: ... Summary Judgment 5. Notice of Advanced Hearing Date on Defendants' Motion for Summary Judgment OPPOSITION PAPERS: None Filed REPLY PAPERS: None filed. BACKGROUND Plaintiff Cesar Mancilla Lobos (“Plaintiff”) sued Defendants Low Price Autobody Shop, Inc. and Vardan Vardumyan (“Defendants”) based on injuries Plaintiff claims he sustained in a motor vehicle collision. Plaintiff has not filed an opposition. LEGAL STANDARD – SUMMARY JUDGMENT...

Excerpt: ...ely, “Plaintiffs”) sued Defendant PIH Health Hospital - Downey based on allegations of elder abuse leading to Decedent's death. Defendant demurs to the second of action in Plaintiffs' first amended complaint. Defendant also moves to strike Plaintiffs' claim and prayer for punitive damages against Defendant. Plaintiffs oppose the motion and demurrer. Defendant replies to the oppositions. ANALYSIS 1. DEMURRER “It is black letter law that a de...

Excerpt: ...ks monetary sanctions. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On August 26, 2021, Plaintiff served a deposition n...

Excerpt: ... 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 like terms, enlarge the time for answer or demurrer. The court...

Excerpt: ... a motor vehicle collision. Margarit moves to strike Plaintiffs' claim and prayer for punitive damages in the first amended complaint (“FAC”). 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: (...

Excerpt: ...n discovery to permit Defendants the opportunity to complete additional fact discovery. Plaintiff Mark Louie Torres opposes the motion. ANALYSIS Trial is currently set for June 3, 2022, which the Court set pursuant to parties' stipulation. (See January 20, 2022 Stipulation and Order.) Based on the parties' stipulation, non-expert discovery was to remain closed and the expert discovery was to close based on the trial date of June 3, 2022. (See Ord...

Excerpt: ...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 ad...

Excerpt: ...Judgment 4. Separate Statement of Undisputed Material Facts in Support of Second Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Second Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Britany Engleman in Support of Opposition to Second Motion for Summary Judgment 3. Declaration of Sylvia Vasquez in Support of Opposition to Second Motion for Summary Judgment 4. Declaration of F. Ramzi Asfour, M.D...

Excerpt: ...Plaintiff's medical providers and 2 subpoenas Defendant served on Plaintiff's current and former employers. 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, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, ...

Excerpt: ...position to the petition despite the Court continuing the hearing from January 18, 2022 to March 18, 2022 with a briefing schedule based on Respondent's request. ANALYSIS 1. ARBITRATION “[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 quick...

Excerpt: ...ecomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicati...

Excerpt: ...Highland, Inc. (“Highland”) via Doe amendment on December 1, 2021. Highland demurs to the first, second, and third causes of action in Plaintiff's complaint. Highland also moves to strike Plaintiff's prayer for attorney's fees and related portions of Plaintiff's complaint. Plaintiff has not filed an opposition to the motion or demurrer. The Court notes Plaintiff dismissed the third cause of action as asserted against Highland on March 10, 202...

Excerpt: ... a motor vehicle collision involving Defendant Laura Mendoza (“Defendant”). Defendant moves the Court for orders compelling Plaintiff Herrera to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Plaintiff Herrera a. Propounded: April 12, 2021 b. Initial Responses: June 22, 2021 c. Motion Filed: August 6, 2021 (Motion A) 2. Form Interrogatories, Set 1, Propounded to Plaintiff Herrer...

Excerpt: ...ed Plaintiff while Plaintiff was Lycee's student. Defendants demur to the first through fifth causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages, attorney fees, and treble damages. Plaintiff opposes 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 ...

Excerpt: ...019, against Defendant Victoria Sifuentes. Defendant Victoria Sifuentes by and through Rosario Sifuentes and Marcelino Sifuentes, Co-Administrators of the Estate of Victoria Sifuentes (“Co-Administrators”) opposes the motion. ANALYSIS Per Code of Civil Procedure section 473, subdivision (d), “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform...

Excerpt: ...ed on Dr. Shahrouz Ghodsian, M.D. (“Deponent”), and for a protective order precluding Deponent from producing Defendant's requested medical records. Defendant requests monetary sanctions. Plaintiffs oppose the motion. The Court notes Defendant filed a single motion to quash the deposition subpoena served on Deponent and for a protective order. Defendant should have filed two separate motions: one as to each form of relief. The Court will ther...

Excerpt: ... arrest during a traffic stop. Defendants demur to the first through third causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages from the complaint. Plaintiff opposes 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...

Excerpt: ... motion. ANALYSIS When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subds. (d)(1) & (d)(3); 2030.290, subd. (c), 2031.300, subd. (c).) California discovery law authorizes a range of penalties for a party's refusal to obey...

Excerpt: ...es a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. ...

Excerpt: ...Thomas alleges he sustained when exercising with an exercise product that malfunctioned and struck him in the eye. The incident occurred in Silver Creek, Washington. At the time of filing suit, Plaintiffs resided in California, but now live in Washington. GoFit is an Oklahoma limited liability company with its principal place of business in Oklahoma. GoFit moves to dismiss the action based on inconvenient forum, contending that Washington is a su...

Excerpt: ... Summary Adjudication 3. Declaration of John M. Bergerson in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 4. Declaration of Alyssa Preston in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSITION PAPERS: 1. Statement of Non-Oppositi...

Excerpt: ...he summons and complaint for improper service. Plaintiff opposes the motions. ANALYSIS “A defendant, on or before the last day of his or her time to plead or within any further time that the court 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. (2) To stay or dismiss the action on the gro...

Excerpt: ... 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 defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) First, the Court notes that Plainti...

Excerpt: ...mber 20, 2021. Plaintiff moves to tax Defendants' claimed costs. ANALYSIS Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned ...

Excerpt: ...e. 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, 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...

Excerpt: ...urance Company (“Zurich”), The Travelers Indemnity Company (“Travelers”), and Mercury Insurance Company (“Mercury”) (collectively, “Deponents”). Defendant opposes the motions. 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 reasonabl...

Excerpt: ... Association (“HOA”) based on injuries Plaintiffs allege Lulu sustained from a dog bite owned by Defendants Adam Gruen and Amanda Gruen (collectively, “Gruens”). HOA moves to strike Plaintiffs' prayer for punitive damages and prejudgment interest in the second amended complaint (“SAC”). 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...

Excerpt: ...ary Adjudication/Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication/Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication/Judgment; Memorandum of Points and Authorities 2. Response to Separate Statement of Undisputed Material Facts 3. Declaration of Thomas Fugger in Support of Opposition to Motion for Summary Judgment 4. Declaration of Michael Nebenzahl in Support of Op...

Excerpt: ...comes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicatio...

Excerpt: ...ation by Barry I. Ludwig, M.D. (“Ludwig”); (2) a psychiatric examination by Suzanne Dupee, M.D (“Dupee”); and (3) a neuropsychological examination by Roger Light, M.D (“Light”). Plaintiff opposes the motion. ANALYSIS “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. A motion ...

Excerpt: ... Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Emmanuel Henry Mendoza sued Defendants MNE Trucking, Inc. (“MNE”) and Chad August Chaves (“Chaves”) (collectively, “Defendants”), based on a motor vehicle collision. Defendants move for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. DISCUSSION Defendants move for summary judgment on Pl...

Excerpt: ...t Los Angeles County Metropolitan Transportation Authority opposes 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 ot...

Excerpt: ...nd Maria. Defendants demurs to all four causes of action in 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 construc...

Excerpt: ...claration of Sara Greco. ANALYSIS Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed u...

Excerpt: ...ent BACKGROUND Plaintiff Hamid Sabzbalouch-I-Bam (“Plaintiff”) sued Defendant West Hills Hospital (“Defendant”) for medical malpractice. Plaintiff alleges that Defendant failed to provide appropriate care, treatment and safety precautions, causing injuries to Plaintiff. (Complaint, ¶¶ 13- 14.) Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTION FOR...

Excerpt: ...ppear at the Order to Show Cause Re: dismissal for failure to enter default as to defendant Marcus Denzel Rogers (“OSC”). The motion is unopposed. 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 additi...

Excerpt: ...rth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed upon application may be allowed or denied in the court's discretion.” (Id., subd. (c)(4).) On a ...

Excerpt: ...f's designated experts from presenting evidence at trial. Plaintiff opposes the motions. Hwang objects to Plaintiff's opposition as untimely, among other things. All papers opposing a motion must 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).) The Court notes Plaintiff filed his oppositions on February 18, 2022, or eight court days before the hearing. Plai...

Excerpt: ... Aileen Torres (“Decedent”) while under Defendant's treatment and care. Defendant demurs to the third cause of action for negligence in Plaintiff's 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[]”...

Excerpt: ...��) (collectively, “Defendants”) based on a slip and fall on property owned and controlled by Defendants. Defendants move to strike Plaintiffs' prayer for punitive damages in the second amended complaint. Plaintiffs oppose the motion. ANALYSIS 1. MOTION TO STRIKE – PUNITIVE DAMAGES CLAIM 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....

Excerpt: ...arty 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 timely and accompanied by an attorney's sworn affidavit attesting to the attorney's mistake, inadvertence, surprise or neglect �...

Excerpt: ...poenas for production of records Defendants served on Costco Wholesale Corporation (“Costco”), Ryan Caravelli Boykoff Investigation (“Boykoff”), and Travelers Indemnity Company (“Travelers”). Defendants oppose 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 di...

Excerpt: ...t occurred on the Mexican side of the border between the United States and Mexico. Defendant and Insured reside in California. Plaintiff is based in California. At the time of the incident, both Defendant and Insured were returning to their residences in United States. Defendant moves to dismiss the action based on inconvenient forum, contending that Mexico is a superior forum for this case. Plaintiff opposes the motion. ANALYSIS “The plaintiff...