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