Excerpt: ...tain discovery requests Defendants propounded on Plaintiff. Hwang moves to compel Plaintiff's responses to: (1) Special Interrogatories, set two (“SROG); (2) Supplemental Interrogatories, set one (“Supp. ROG”); (3) Request for Production of Documents, set two (“RPD”); and (4) Supplemental Request for Production, set one (“Supp. RPD”). Messiha moves to compel Plaintiff's responses to: (1) Supplemental Interrogatory, set two (“Supp....

Excerpt: ...ir settlement with Plaintiff was entered into in good faith. Defendant and Cross- Complainant James Alan Reeves (“Reeves”) opposes the motions. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the 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 parti...

Excerpt: ...s the motion. ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Th...

Excerpt: ...taking the deposition of the person most knowledgeable (“PMK”) for KBS or limit the categories to which the PMK must testify. Plaintiff opposes the motion. ANALYSIS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party o...

Excerpt: ...hird party in interest County of Los Angeles (“County”) 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 oth...

Excerpt: ...Auto, LLC d/b/a Mercedes Benz of West Covina, Envision WC MB RE, LLC, and Envision Motors Management, LLC (collectively, “Defendants”) based on a trip and fall at Defendants' automobile dealership. Defendants demurs to the third cause of action in Plaintiffs' first amended complaint. Defendants also move to strike Plaintiff's claim for punitive damages in the first amended complaint. Plaintiffs oppose the motion and demurrer. ANALYSIS 1. DEMU...

Excerpt: ...Plaintiff and 3 categories of document production requested by Plaintiff. Plaintiff opposes the motion. ANALYSIS Per Code of Civil Procedure section 2025.420, subdivision (a), “[b]efore, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., ...

Excerpt: ...n's Elegant Bathrooms, Inc (“Altman's”). Plaintiff also moves to continue trial and all discovery and trial- related dates 180 days. The motion is unopposed. ANALYSIS 1. LEAVE TO AMEND 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 o...

Excerpt: ...stments, LLC (“Defendant”) fell on her causing injuries. Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 2, Propounded to Defendant a. Propounded: July 8, 2020 b. Initial Responses: September 4, 2020 c. Motion Filed: August 24, 2021 (Motion A)[1] 2. Requests for Production of Documents, Set 2, Propounded to Defendant a. Propounded: Jul...

Excerpt: ...motor vehicle pursuit. CHP demurs to the first cause of action for negligent hiring, retention, and supervision 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. (Cod...

Excerpt: ...join all the heirs of decedent Julian Lopez (“Decedent”). Plaintiffs oppose the motion. ANALYSIS Nonjoinder of an heir or heirs to a wrongful death action does 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, Plaintiffs may be persona...

Excerpt: ...tiff is a minor under 14 years of age with a substantial interest in the case. Plaintiff initiated the action based on injuries Plaintiff alleges he sustained when he fell off the back of a truck driven by Defendant Daniel Espino Corona. Defendants American Textile Maintenance Company dba Republic Master Chefs, Penske Truck Leasing Co., L.P., and Daniel Espino Corona oppose the motion. ANALYSIS Code of Civil Procedure section 36 provides, in part...

Excerpt: ... Sher, M.D., a Medical Corporation dba Palos Verdes Medical Group (“PVMG”) (collectively, “Defendants”) based on medical malpractice. Defendants demur, independently, to the second cause of action in Plaintiffs' complaint. Defendants also move to strike Plaintiffs' claim for punitive and exemplary damages in the complaint. Plaintiffs oppose the motions and demurrers. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the...

Excerpt: ... to the fifth cause of action in the second amended complaint (“SAC”). 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 complaint. (Code Civ. Proc., § 452.) “This rule of liberal cons...

Excerpt: ...f Stephanie Guerra in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Anthony S. Hamassian in Support of Opposition to Motion for Summary Judgment 3. Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment 2. Reply to Plaintiff's Separate Statement Sub...

Excerpt: ...pliance Service, Inc. dba Appliance & Kitchen Outlet. 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 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: ... general denial filed on May 14, 2020. Plaintiff Estela Hernandez (“Plaintiff”) opposes the motion. Defendant replies to the opposition. 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 corre...

Excerpt: ...les County Metropolitan Transportation Authority (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Request for Admissions, Set 1, Propounded to Plaintiff a. Propounded: March 25, 2021 b. Responded: May 24, 2021 c. Motion Filed: December 10, 2021 (Motion A) 2. Form Interrogatories, Set 2, Propounded to Plaintiff a. Propounded: March 25, 2021 b. Responde...

Excerpt: ...e 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 Peter A. Hosharian in Support of Opposition to Motion for Summary Judgment 3. Opposition to Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 4. Request for Judicial Notice BACKGROUND Plaintiff Analeh Dayer ...

Excerpt: ...k 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 defendant.” (Perez v. Golden Empire Transit Di...

Excerpt: ...ECTIONS Plaintiff objects to Lyft 's motion to strike on two grounds. First, Plaintiff argues Lyft 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 telephone with the party who filed the subject pleading five days before the responsive pleading is due. (Code Civ. Proc., § 435.5, subd. (a)....

Excerpt: ...C”). 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(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 plead...

Excerpt: ... (“Defendant”) has not filed an opposition to 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 other respect; and ma...

Excerpt: ...causes of action in Plaintiff's first 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 court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means tha...

Excerpt: ...and controlled by Defendant. Defendant demurs to the first and second 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.) �...

Excerpt: ...jects to Defendant's motion to strike on two 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 telephone with the party who filed the subject pleading five days before the responsive pleading is due. (Code Civ. Proc., § 435.5, subd. (a).) Here, Pla...

Excerpt: ... entity. Plaintiff now seeks to amend the first amended complaint to plead Plaintiff's claims for premises liability against the County in conformance with the Government Claims Act. 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 strikin...

Excerpt: ...dants Brenna Lui and Anita Lui (collectively, “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendants a. Propounded: February 23, 2021 b. Initial Responses: May 3, 2021 c. Motions Filed: June 17, 2021 (Motions A and B)[1] 2. Requests for Production of Documents, Set 1, Propounded to Defendants a. Propoun...

Excerpt: ...puted Material Facts in Support of Motion for Summary Judgment Jennifer Merino 1. Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Marjorie E. Motooka in Support of Motion for Summary Judgment 3. Declaration of Marjorie E. Motooka in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Request for Judicial Noti...

Excerpt: ...ALYSIS “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 defendant.” (Perez v. Gold...

Excerpt: ...es 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 favorable to the plaintiff, not the defendant...

Excerpt: ...gment 3. Compendium of Evidence in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Amended Memorandum of Points and Authorities 6. Amended Separate Statement of Undisputed Material Facts 7. Declaration of Lauren E. Raya in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities...

Excerpt: ...murs to Plaintiff's first 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 court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the review...

Excerpt: ...efendants”) based on a slip and fall on property owned and controlled by Defendants. Defendants move to strike Plaintiffs' prayer for punitive damages in the 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 ...

Excerpt: ...ys), Cedars-Sinai (Physician Billing) – Attn: Fernando Vargas, Cedars-Sinai Medical Center (Billing), Providence St. Joseph's Medical Center, Providence St. Joseph's Medical Center (X-Rays), Providence St. Joseph's Medical Center (Billing), UCLA Medical Center, UCLA Medical Center (Billing), UCLA Health/EIMG, UCLA Health/EIMG (Billing), UCLA Health/EIMG (X-Rays), UCLA Physicians Billing Service, UCLA Health Systems (Billing), UCLA Health System...

Excerpt: ... of Evidence in Support 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. Compendium of Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjud...

Excerpt: ... Alison Parraco & Kathleen Petty Living Trust (collectively, “Settling Defendants”). Settling Defendants move for a determination that their settlement with Plaintiff was entered into in good faith. Defendants Toms Shoes, LLC and Toms Shoes Holdings II, LLC (collectively, “Defendants”) oppose the motion. ANALYSIS Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tor...

Excerpt: ...fendant. Defendant demurs to the sole cause of action for negligence in Plaintiffs' complaint. Defendant also moves to strike the entirety and discrete portions of Plaintiffs' complaint. Plaintiffs oppose the motion and 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 “li...

Excerpt: ...al, Kaiser Permanente-Special Recovery Unit, and Kaiser/S.C.P.M.G.-Radiology (collectively, “Deponents”). 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 motion...

Excerpt: ...lso moves to strike portions of the first amended complaint. Plaintiff opposes the motion and demurrer. ANALYSIS DEMURRER 1. “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 constru...

Excerpt: ...26, 2021 Minute Order, the Court granted the motion as to Plaintiff's service upon Campbell, and continued the hearing on the motion to quash service of process upon Stone. The Court requested the parties to submit supplemental briefing on the limited issue of Plaintiff's service upon Mark Morse (“Morse”) on November 16, 2020, and whether Morse's relationship to Stone is sufficient to establish that he was apparently in charge of Stone's busi...

Excerpt: ...rest to Maria Rosario Avila, and Francisco Avila, individually and as successor in interest to Maria Rosario Avila (“Plaintiffs”) sued Defendants Kathlyn-Ann Ocampo Decena and Renato Decena (“Defendants”) based on a motor vehicle collision. Defendants moves to strike all references to punitive and exemplary damages in the complaint. Plaintiffs have not filed an opposition to the motion. ANALYSIS 1. PUNITIVE DAMAGES CLAIM Any party, within...

Excerpt: ...arty, 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 filed in conformity with the laws of Californi...

Excerpt: ...hetic Advocacy Group, Inc. dba Cosmetic Dentistry Grants based on a medical malpractice. Homayun Defendants move to strike portions of Plaintiff's complaint as well as Plaintiff's prayer for punitive damages. 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, ru...

Excerpt: ...nd Jason Orellana (collectively, “Plaintiffs”) oppose the motion. ANALYSIS Trial is currently set for January 25, 2022, which the Court set pursuant to the ex parte application filed by Defendant Melissa Bahmanpour. (See September 27, 2021 Minute Order.) Based on the Court's October 20, 2020 Minute Order, the fact discovery cutoff was September 15, 2021, and the expert discovery cutoff was September 30, 2021. (Code Civ. Proc., §§ 2024.020, ...

Excerpt: ...f's complaint as to Kathryn and Mark. Plaintiff opposes the demurrer. Marshburns reply to the opposition. ANALYSIS 1. 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 Constitution.” (Evid. Code, ...

Excerpt: ...dant moves to strike Plaintiff's claim and prayer for punitive damages in the first amended complaint (“FAC”). Plaintiff has not filed an opposition to 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 c...

Excerpt: ...d complaint and Plaintiffs' claim and prayer for punitive damages. Plaintiff opposes the motion and demurrer. Defendant replies to the opposition. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc...

Excerpt: ...d 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' 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 opposition. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the...

Excerpt: ...ntiff opposes the motion. Defendant replies to the opposition. 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 par...