Excerpt: ...rty 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 February 22, 2021 CASE NUMBER BC683071 MOTION Motion to Tax Costs MOVING PARTY Plaintiff Martin Balmaced a OPPOSING PARTIES Defendants Austin Butler and Holly Butle r MOTIO...

Excerpt: ... party 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 February 22, 2021 CASE NUMBER 20STCV44397 MOTION Demurrer to Complaint MOVING PARTY Defendant Knight Transportation, Inc. OPPOSING PARTY Plaintiff Alfonso Herrera MOTI...

Excerpt: ...rty 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 February 22, 2021 CASE NUMBER BC707114 MOTION Motion for Summary Judgment MOVING PARTY Defendant Fitness International, LLC OPPOSING PARTY Plaintiff Vida Tebbi MOVING PAPER...

Excerpt: ... party 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 February 22, 2021 CASE NUMBER 20STCV40448 MOTION Demurrer to Complaint MOVING PARTY Defendant City of Maywood OPPOSING PARTY None MOTION Defendant City of Maywood (“De...

Excerpt: ...ion. ANALYSIS The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testim...

Excerpt: ...ION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Plaintiff in Support of Opposition 3. Plaintiff's Request for Judicial Notice 4. Plaintiff's Objections to Defendants' Evidence 5. Separate Statement in Opposition to Motion for Summary Judgment 6. Reply to Defendants' Separate Statement of Undisputed Facts REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment...

Excerpt: ...udgment 4. Declaration of Jacob M. Ramirez 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 Burns in Support of Opposition 3. Declaration of Alan A. Carrico in Support of Opposition 4. Plaintiff's Response to Separate Statement of Undisput...

Excerpt: ...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 all or any part of any pleading not drawn ...

Excerpt: ... Decedent died of a heroin overdose while she was a guest at Defendant's motel because Defendant failed to summon emergency assistance. Plaintiff is a resident of Tennessee. Defendant moves to require Plaintiff to post an undertaking. Plaintiff opposes the Motion. Defendant filed a Reply Brief and Evidentiary Objections. EVIDENTIARY OBJECTIONS The Court reviewed Defendant's evidentiary objections and overrules the objections with respect to the m...

Excerpt: ...an, Haikuhe Chichyan, and Varteni Kambourian (collectively, “Successors”), move the Court for an order to maintain this action as Decedent's successors in interest. 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...

Excerpt: ...g, M.D., Inc. (collectively, “Defendants”) for medical malpractice. Plaintiff contends Defendants were negligent in the treatment of an open fracture of Plaintiff's left femur, which Plaintiff sustained in a dirt bike accident. Song operated on Plaintiff's femur at UCLA's hospital after the initial accident, and treated Plaintiff during his recovery from the surgery. Plaintiff later re-fractured his femur when he fell off a Razor scooter. Def...

Excerpt: ...d for an order imposing monetary sanctions on Defendant for abusing the discovery process. Defendant opposes the motion Plaintiff alleges he suffered injuries following an automobile collision on November 1, 2016. Plaintiff served Defendant with the RFP on April 16, 2020. Defendant served responses to the RFP, including RFP 6, 17 and 18, on June 16, 2020. Defendant responded to RFP 6, 17 and 18 as follows: “This interrogatory is premature accor...

Excerpt: ...complaint, Plaintiffs Tamanna Ali Wardak (“Wardak”) and Nesar Nasim (“Nasim,” collectively, “Plaintiffs”) allege that Wardak tripped and fell over a barrier between kiosks at the airport Defendant operates. Nasim is Wardak's spouse and asserts a claim for lack of consortium. Plaintiffs do not assert the second cause of action against Defendant. (See Complaint, p. 5.) Accordingly, Defendant lacks standing to demur to the second cause o...

Excerpt: ...to strike the punitive damages allegations from Plaintiff's 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, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any plea...

Excerpt: ... monetary sanctions on Defendant for abusing the discovery process. Plaintiff alleges she suffered injuries at a December 11, 2016 football game after being knocked over by an unknown individual. Plaintiff served Defendant with Special Interrogatories (SROG) on February 12, 2020. Defendant served responses to the SROG, including SROG 24, on April 3, 2020. Defendant claims SROG 24 is overly broad causing a response to it to be burdensome and oppre...

Excerpt: ...when a security guard working at a market that Defendant owned and operated shot Decedent. Defendant moves to strike the punitive damages allegations from Plaintiffs' first amended complaint. Plaintiffs oppose the motion. Defendant also moves to strike portions of paragraphs 17, 18, and 19 of the first amended complaint because Plaintiffs stipulated that they would delete those allegations. (Declaration of Justin A. Bubion, ¶ 3.) Because Plainti...

Excerpt: ...entiary Objections to Evidence Submitted by Defendant in Support of the Motion to Disqualify, and rules as follows: 1. Objection 1: SUSTAINED - FOUNDATION 2. Objection 2: SUSTAINED - FOUNDATION 3. Objection 3: SUSTAINED - FOUNDATION ANALYSIS “A trial court's authority to disqualify an attorney derives from the power inherent in every court to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in...

Excerpt: ...also moves to strike portions of the 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, 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 t...

Excerpt: ...��Ren”), while working as a driver for Defendants, struck Plaintiff, who was a pedestrian. Plaintiff moves for summary adjudication of Defendants' eighteenth, thirtieth, and thirty-first affirmative defenses. In these affirmative defenses, Defendants contend they are not liable for Ren's negligence, if any. In reviewing Plaintiff's motion for summary adjudication, the Court read and considered the following briefs and documents submitted to the...

Excerpt: ...g monetary sanctions on Defendant for abusing the discovery process. Defendant opposes the motion. Procedural Requirements Meet and Confer A motion to compel must be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code Civ. Proc., § 2025.450, subd. (b)(2).) A meet and confer declaration must state facts showing a reasonable and good-faith attempt at an informal resolution of each issue presented by t...

Excerpt: ...metic procedure on Plaintiff. Defendants move for summary judgment on Plaintiff's complaint for medical malpractice and negligent infliction of emotional distress. In reviewing Defendants' motion for summary judgment, the Court read and considered the following briefs and documents submitted to the Court: 1. Defendants' Motion for Summary Judgment; Memorandum of Points and Authorities 2. Defendants' Separate Statement 3. Declaration of Bruce Katz...

Excerpt: ... party 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 February 4, 2021 CASE NUMBER 19STCV28047 MOTION Motion for Summary Judgment MOVING PARTIES Defendants CarMax Auto Superstores California LLC and Alfred Bagalayos OPPOSIN...

Excerpt: ...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 defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 12...

Excerpt: ... 473, subdivision (b), a court may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorney's sworn affidavit attesting to the attorn...

Excerpt: ...t Defendant Olive View UCLA Medical Center. Plaintiff named Defendant via Doe amendment on November 12, 2020. Defendant moves to strike the punitive damages claims in the complaint. Plaintiff opposes the motion. The motion to strike the claims for punitive damages is granted with leave to amend. LEGAL STANDARD 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....

Excerpt: ...re Plaintiff to post an undertaking. Plaintiff opposes the motion. The motion is denied. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030, subd. (a).) The plaintiff is not required to file an undertaking unless “t...

Excerpt: ...aration of Candy Lopez in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Notice of Motion & Motion for Imposition of Monetary Sanctions; Memorandum of Points & Authorities OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points & Authorities 2. Declaration of Hamed Yazdanpanah in Support of Opposition to Motion for Summary Judgmen...

Excerpt: ...ox on premises that Defendant managed. Defendant seeks leave to file a cross-complaint against Defendant Matsunaga Enterprises, Inc. (“Defendant Matsunaga”). The unopposed motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is...

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

Excerpt: ...is Goldman (“Respondent”). Petitioner seeks to preclude Respondent from introducing evidence regarding Respondent's medical special damages stemming from the underlying accident at the time of the arbitration of this uninsured motorist matter. The motion is denied. LEGAL STANDARD A court may impose non-monetary sanctions where a party fails to comply with a court order regarding discovery if the court determines the failure to comply was will...

Excerpt: ...sa Moshfegh (“Defendant”) based on the death of Vincent Udeoji (“Decedent”). In the complaint, Clark alleges Defendant negligently performed surgery on Decedent. (Complaint, ¶¶ 9-10.) Clark dismissed the complaint against Defendant with prejudice on March 11, 2019. Then, on January 14, 2020, a first amended complaint for wrongful death was filed adding Destiney Clark, Derek Udeoji, Dandy Udeoji, Demyrol Udeoji, and Caroline Udeoji (coll...

Excerpt: ...ation 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 OPPOSITIOIN 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 Thordarson in Support of Opposition 4. ...

Excerpt: .... Plaintiffs initiated the action based on injuries Plaintiff Charlotte Laws allegedly sustained when she fell out of her wheelchair while in transit to dialysis treatment. OPPOSITON Defendants Anup Patel and Health Care Transportation oppose the motion because Plaintiffs have failed to name and serve all essential parties (including the California Insurance Guarantee Association (CIGA)) relying on Code of Civil Procedure section 36, subd. (c)(1)...

Excerpt: ...e of an auto accident. OPPOSITON Defendant Anita Torres opposes the motion claiming Plaintiff has not established that she suffers from an illness or condition raising substantial medical doubt of her survival or ability to participate in trial should the case not be specially set. 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 t...

Excerpt: ...nts (“RPD”); (2) Form Interrogatories, set two (“FROG”); and (3) Supplemental Interrogatories (“SuppROG”). In addition, Defendant moves to deem admitted matters specified in Requests for Admissions (“RFA”). The motions are granted. Defendant served the written discovery on Plaintiff on September 2, 2020 by email. Plaintiff's responses were thus due by October 6, 2020. As of the filing date of these motions, Defendant has not recei...

Excerpt: ...nts (“RPD”); (2) Form Interrogatories, set two(“FROG”); and (3) Supplemental Interrogatories (“SuppROG”). Defendant moves to deem admitted matters specified in Requests for Admissions (“RFA”). The motions are granted. Defendant served the written discovery on Plaintiff on September 2, 2020 by email. Plaintiff's responses were thus due by October 6, 2020. As of the filing date of these motions, Defendant has not received responses ...

Excerpt: ...of Plaintiff. The motion is granted. LEGAL STANDARD 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 to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).) DISCUSSION On March 26,...