Excerpt: ...mary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Elliot S. Berkowitz in Support of Opposition to Motion for Summary Judgment 3. Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment 4. Response to Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; M...

Excerpt: ...rnia Rehabilitation Institute and Kate Adeletti, PT (“Defendants”) for professional negligence. Plaintiff alleges that Defendants failed to adequately assist Plaintiff while she was undergoing rehabilitation following surgery, which caused Plaintiff to fall. Defendants moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving f...

Excerpt: ...aron L'Heureux-Dressel in Support of Motion for Summary Judgment 5. Declaration of Kevin Riley in Support of Motion for Summary Judgment 6. Declaration of Monica M. Schwartz in Support of Motion for Summary Judgment 7. Declaration of Jonathan Arendt in Support of Motion for Summary Judgment 8. Request for Judicial Notice in Support of Motion for Summary Judgment 9. Exhibits in Support of Motion for Summary Judgment 10. Notice of Lodging Exhibit i...

Excerpt: ...ases claims against the Estate of Joel David Wite (“Decedent”), Jesi Alexander Tinker-Rein (“Tinker-Rein”), Jamil Leshawn Mann (“Mann”), Landon Wetterstrom (“Wetterstrom”), and Loft Luxury, LLC (collectively, “Settling Parties”), who are not parties to this litigation. Defendant Justin Robert Chandler (“Chandler”) opposes the motion. ANALYSIS In Tech-Bilt, Inc. v. Woodward-Clyde & Associates, the supreme court set forth th...

Excerpt: ...e to strike the prayer for punitive damages in the complaint.[1] 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(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) s...

Excerpt: ...ages in the first amended 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(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...

Excerpt: ...hen a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party's pleading. (Code Civ. Proc., § 2023.030, subd. (d)(1).) In its order of January 14, 2021, the Court ordered Plaintiff to submit to a medical examination on February 17, 2021. (See January 14, 2021 Minute Order.) On that date, Plaintiff appeared for the examination wit...

Excerpt: ...dging of Surveillance Video in Support of Motion for Summary Judgment 4. Request for Judicial Notice in Support of Motion for Summary Judgment 5. Separate Volume 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. Plaintiff's Compendium of Declaratio...

Excerpt: ...of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Marc S. Soble in Support of Opposition to Motion for Summary Judgment 3. Response to Separate Statement in Support of Opposition to Motion for Summary Judgment 4. Evidentiary Objection REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Decla...

Excerpt: ...s in a safe condition, Plaintiff sustained injuries after falling due to a floor mat. Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Requests for Production of Documents, Set 1, Request No.1 a. Propounded: June 24, 2020 b. Responded: August 17, 2020 c. Motion Filed: March 26, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per th...

Excerpt: ...s in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Appendix of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Declaration of Jimmy Chang in Support of Opposition to Motion for Summary Judgment 4. Declaration of Paul B. Donzis, M.D. in Support of Opposition to Motion for Summary Judgment 5. Declaration of Joseph A. Tang in Support...

Excerpt: ...e 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 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 ...

Excerpt: ...ctice. Plaintiffs allege that Defendant negligently cared for Domazet while she was pregnant with Decedent Isaac Stiny (“Decedent”), which caused Decedent's death shortly after his birth. Defendant demurs to Plaintiffs' complaint, or, in the alternative, moves to dismiss Plaintiffs' complaint. Plaintiffs oppose the demurrer ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Le...

Excerpt: ... Civil Procedure section 36, subdivisions (a) and (e). Defendant opposes 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 findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is ne...

Excerpt: ...y 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 May 11, 2021 CASE NUMBER 19STCV31568 MOTION Motion for Summary Judgment MOVING PARTY Defendant Burlington Coat Factory of Texas OPPOSING PARTY Plaintiff Helga Aghakhanian MOV...

Excerpt: ... of Motion for Summary Judgment 3. 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. Exhibit Log in Support of Opposition to Motion for Summary Judgment 3. Declaration of Rod Bergen in Support of Opposition to Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Op...

Excerpt: ... a security guard working at a market that Defendant owned and operated shot Decedent. Defendant moves to strike the punitive damages allegations from Plaintiffs' second 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)...

Excerpt: ...tion for Summary Judgment 3. Declaration of Inga Hofer in Support of Motion for Summary Judgment 4. Appendix of Federal and Sister State Authorities in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 6. Motion for Imposition of Monetary Sanctions; Memorandum of Points and Authorities OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Po...

Excerpt: ...unitive damages allegations from Plaintiffs' 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(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...

Excerpt: ...tion for Summary Judgment 5. Request for Judicial Notice 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. Index of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Declarations of Wendi O. Wagner and Edward Puzak in Support of Opposition to...

Excerpt: ...t. Defendant demurs to the complaint. Plaintiff opposes the demurrer. Defendant moves to strike portions of the complaint. Plaintiff filed a notice of non-opposition to the motion to strike. The Court therefore grants the motion to strike without leave to amend as stipulated. 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....

Excerpt: ...t tea spilled on Plaintiff. Plaintiff seeks leave to file a first amended complaint. 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 mistake in the name ...

Excerpt: ...h Brown (“Defendant”) struck Plaintiff with her vehicle. 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 findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent preju...

Excerpt: ...that Defendant negligently performed shoulder surgery on Plaintiff. Plaintiff has not filed an opposition to the motion. 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 o...

Excerpt: ...rring 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 Documents, Set 1, Nos. 2 - 3 a. Propounded: A...