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: ...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: ...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: .... 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: ...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: ...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: ...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,...