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...

Excerpt: ...mary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Tiffany L. Steward in Support of Opposition to Motion for Summary Judgment 3. Opposing Separate Statement of Undisputed Material Facts 4. Index of Exhibits in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Declaration of Meena Nachiappan wit...

Excerpt: ...d Defendant Nobu Corporation (“Nobu”) without prejudice on September 30, 2021. Defendants filed their respective memoranda of costs on December 3, 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...

Excerpt: ...Civil Procedure section 36, subdivision (a). Plaintiffs initiated the action based on a motor vehicle collision. Defendants Dennis Alonso and United Specialty Insurance Company have not filed oppositions to the motion. ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following fi...

Excerpt: ...igators Real Estate Inc. (“Navigators”), via Doe amendment. Navigators filed a second amended cross-complaint (“SACC”) against Phung for breach of contract, express indemnity, and declaratory relief. Phung demurs to all three causes of action in the SACC. Navigators 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 C...

Excerpt: ...Sanders negligently operating or owning a vehicle. Defendant Gibbs moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 2, Propounded to Plaintiff a. Propounded: September 17, 2021 b. Responses: December 10, 2021 a. Motion Filed: January 26, 2022 (Motion A) 2. Request for Identification and Production of Documents, Set 2, Propounded to Plaintiff a. Propou...

Excerpt: ..., with the final status conference and all discovery and motion cut-off dates to be based on the new trial date. Plaintiff opposes the motion. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13...

Excerpt: ...f Motion for Summary Judgment BACKGROUND Plaintiff Alana Adkins sued Defendant Ralphs Grocery Company dba Food 4 Less for premises liability based on a slip-and-fall that occurred in a Food 4 Less store owned and operated by Defendant. Plaintiff alleges she slipped on a grape on the floor of the soda aisle, which area contained no proper safeguards or blockades, nor was it sectioned off or blocked off in any manner. (Complaint, p. 3.) Defendant m...

Excerpt: ...m a facility owned and controlled by Defendant Jonell Oil Corporation (“Jonell”). Defendant demurs to the first cause of action in Plaintiffs' 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...

Excerpt: ...urther alleges that Walmart's employee, Chariez, failed to preserve Walmart's video surveillance footage of the incident. Defendants demur to the third cause of action in the second amended complaint. Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the c...

Excerpt: ...ransitional Care Center based on the circumstances leading to Decedent's death while he was under Defendant's care. Defendant demurs to second, third, and fourth causes of action in Plaintiff's second amended complaint (“SAC”). 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 o...

Excerpt: ...n-jury trial. 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 addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is fi...

Excerpt: ...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.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing ser...

Excerpt: ... 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 ground of inconvenient forum.” (Code Civ. Proc., § 418.10, subd. (a)(1)-(2).) “In the absence of a v...

Excerpt: ...demurs to the fourth and fifth causes of action in Plaintiff's complaint. Cartage also moves to strike Plaintiff's prayer for special damages in connection with the fourth and fifth causes of action in 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 ...

Excerpt: ...os, Inc. (“Defendant”). Plaintiff further alleges that the vehicle came to an abrupt stop causing him to fall and hit his head on a pole in the vehicle. Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Plaintiff a. Propounded: May 17, 2021 b. Initial Responses: July 2, 2021 c. Further Responses: July 28, 2021 d. Amended Mot...

Excerpt: ...ity personnel. Securitas demurs to the fourth and fifth causes of action in Plaintiff's complaint. Securitas also moves to strike Plaintiff's claim and prayer for punitive damages. Plaintiff has not filed an opposition to the motion or demurrer. The Court notes Securitas's notice of demurrer is procedurally defective per Code of Civil Procedure section 1010 and California Rules of Court, rule 3.1110, subdivision (a). (See Code Civ. Proc., § 1010...

Excerpt: ...or non-jury trial. 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 addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) ...

Excerpt: ...hich Plaintiff alleges Defendants failed to permit Plaintiff to play golf at a golf course owned and controlled by City. Defendants demur to all four causes of action in the first amended complaint. Defendants also move to strike Plaintiff's prayer for attorney's fees. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of . . . [t]he decisional, constitutiona...

Excerpt: ...eeks to require another party to submit to a mental examination must obtain leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310.) The court must grant the motion if the moving party shows good cause for the mental examination. (Code Civ. Pr...

Excerpt: ...ed in the amended general denial filed on May 14, 2020. Plaintiff Estela Hernandez 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...

Excerpt: ...laintiff at UCLA Health. University demurs to Plaintiff's entire complaint. University also moves to strike portions of Plaintiff's 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 a demurrer, the court must “liberally construe[]” the allega...

Excerpt: ...Plaintiff alleges Decedent succumbed to injuries sustained in an altercation with Defendant Mitchell Castillo. Defendants demur to all four causes of action in Plaintiff's complaint as well as Plaintiff's prayer for damages in the complaint. Plaintiff has not filed an opposition to 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 C...

Excerpt: ...ndants also move for a protective order and request monetary sanctions in connection with the motion. Plaintiff opposes the motion. 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 ...

Excerpt: ...ht supporting an additional cause of action and claim for punitive damages against Defendant. Plaintiffs now seek to amend the complaint filed on May 4, 2021, to add a cause of action for negligent infliction of emotional distress and claim for punitive damages against Defendant. Defendant opposes the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “T he court may, in f...

Excerpt: ...to all four causes of action in Plaintiff's first amended complaint or, in the alternative, moves to transfer the matter to the family law division of Long Beach Superior Court. Plaintiff opposes the demurrer and motions. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of . . . [t]he decisional, constitutional, and public statutory law of this state and of the United States and the provisions of an...

Excerpt: ... 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 finds the motion was made or opposed in bad faith or without substantial justification or that one...

Excerpt: ...ries based upon evidence revealed in discovery. Defendants Abbracci Aesthetics, PC dba Abbraci Med Spa, Luis Abrishamian, M.D., and Jorge Vournas, M.D. (collectively, “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...

Excerpt: ... based on medical malpractice. Defendants demur to the third, fourth, fifth and seventh causes of action in Plaintiff's first amended complaint (“FAC”). Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the all...

Excerpt: ... employer, Dr. Nortman, M.D. (“Nortman”) and on Plaintiff's thirty-two medical providers (“Providers”). 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 discretion award the amount of the reasonable expenses incurred in making or opposing the moti...

Excerpt: ...SIS 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 finds the motion was made or opposed in bad faith or without substantial justification or th...

Excerpt: ...Commercial Interior Resources, Inc. (“Interior Resources”) based on injuries that Plaintiff allegedly sustained after tripping on a carpet in the lobby of the office building located at 444 South Flower Street, Los Angeles, California (“Subject Property”). Plaintiff alleges that the subject carpet was negligently installed and constituted a dangerous condition on the Subject Property such that defendants CVFI, KPRS, and Interior Resources...

Excerpt: ...have timely submitted supplemental briefing in accordance with the Court's January 10, 2022 Minute Order. ANALYSIS 1. PLAINTIFF'S OBJECTIONS Plaintiff objects to Defendant's motion to strike on three grounds. First, Plaintiff argues Defendant failed to sufficiently meet and confer prior to filing the instant motion. Under Code of Civil Procedure section 435.5, before filing a motion to strike, the moving party must meet and confer in person or by...

Excerpt: ...complaint (“SAC”). Plaintiff opposes the motion. ANALYSIS 1. MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, 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 ...

Excerpt: ...s. Defendants, separately, demur to the first cause of action for premises liability in Plaintiff's complaint. Plaintiff opposes the demurrers. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of . . . [t]he decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Cons...

Excerpt: ...l malpractice. Demurring Defendants demur to the second through sixth causes of action in Plaintiff's first amended complaint (“FAC”). Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the co...

Excerpt: ...ospital Medical Center/X- Rays; and (3) Dignity Health (to include California Hospital Medical Center -Los Angeles) (collectively, “Deponents”). 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).) Current discovery standards hold that, “any party may obtain discovery regarding any matter, not privileged, [1...

Excerpt: ... court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc., § 877.6, subd. (c).) Additionally, a determination that a settlement was made in good faith will reduce the claims against the non-settling de...

Excerpt: ...ccessor trustee of the Samuel Chmelnicki 2006 Living Trust Dated April 6, 2006 (“Successor Trustee”) (collectively, “Defendants”) based on a trip and fall. Defendants demur to the first and second causes of action in Plaintiff's first amended complaint (“FAC”). Defendants also moves to strike portions of the FAC. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notic...

Excerpt: ...act information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar. If all parties do not submit on this tentative ruling, they should arrange to appear in‐person or remotely (which is highly encouraged). Further, after the ...

Excerpt: ...mplainant. Defendant now seeks to amend the first amended cross-complaint to reflect the correct entity as the cross- complainant. The motion is unopposed. 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...

Excerpt: .... Defendants demur to the first through seventh causes of action in Plaintiff's first amended complaint (“FAC”). Defendants also move to strike the FAC as a sham pleading or, in the alternative, portions of Plaintiff's FAC. Defendants seek monetary sanctions. Plaintiff opposes the motion and demurrer. EVIDENCE Plaintiff objects to Defendants' request for judicial notice in support of Defendants' demurrer. The Court overrules Plaintiff's objec...

Excerpt: ...ew trial date. Plaintiff Philip Dalmer, Jr. opposes the motion. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court t...

Excerpt: ...ministrative and Consulting, LLC (collectively, “Petitioners”) moves to compel Plaintiffs Gloria Duron (“Duron”), Katherine Duron-Williams (“Katherine”), and Billy Taylor (collectively, “Respondents”) to arbitrate Respondents' claims arising from injuries Duron alleges she sustained while a resident at Petitioners' skilled nursing facility. Respondents oppose the motion. EVIDENCE Respondents set forth objections to the declaration...

Excerpt: ...t to Evidence Code Sections 452 and 453 BACKGROUND Plaintiff Mercury Insurance Company sued Defendants Armando Castille (“Armando”) and Natalie Illouz (“Illouz”) for declaratory relief concerning coverage of Armando under a policy issued by Plaintiff to Ana Castillo (“Ana”). Armando and Illouz were involved in a vehicle-to-pedestrian collision. According to Plaintiff, Armando asserts Plaintiff must defend and indemnify him in the sepa...

Excerpt: ...s Angeles Unified School District (“District”) and Paula Denise Sullivan (collectively, “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 mistak...

Excerpt: ... 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 defendant.” (Perez v. Golden Empire Transit Dist. (2012) 2...

Excerpt: ...in Support of Motion for Summary Judgment 5. Declaration of Heather A. Defalco in Support of Motion for Summary Judgment 6. Amended Separate Statement of Undisputed Facts 7. Notice of Non-Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Bettie Joe Smith sued Defendant Cedars-Sinai Medical Center based on medical malpractice. Plaintiff alleges Defendant was negligent in its treatment and care of Plaintiff leading to injuries to Plain...