Excerpt: ...eir legal representative, Stuart J. Liebman (“Counsel”), move to set aside the Clerk of the Court's entries of default against Cruz Estrada on May 12, 2021, and Everlasting on December 29, 2021. Plaintiff Jesus Urbina Orozco opposes the motion. The Court notes that Defendants filed one motion to set aside the defaults against both Cruz Estrada and Everlasting, as well as to reopen discovery. Instead, Defendant should have filed three separate...

Excerpt: ...on for strict liability in Plaintiff's first amended complaint. Plaintiff opposes the demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the following: (a) The 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…(f) Facts and propositions...

Excerpt: ...idence Code section 451, “[j]udicial notice shall be taken of the following: (a) The 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…(f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute. ” (Evid. Code, § 4...

Excerpt: ...ovember 17, 2022. Plaintiffs oppose 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 to consider in ru...

Excerpt: ...Calbert Tillett, Jr. (collectively, “Defendants”) based on a motor vehicle collision. Defendants move for leave to obtain a second physical examination of Plaintiff by Mark Spoonamore, M.D. (“Spoonamore”), who is an orthopedic spine surgeon. Defendants also move to continue the trial, which, as of the filing date of the motion, was scheduled for January 14, 2022, to July 13, 2022, with the discover and motion cutoffs to be based on the ne...

Excerpt: ...intiff 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 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 ...

Excerpt: ...ef from the provisions of Government Code section 945.4 to permit Petitioners to proceed on their claims against Respondent People of the State of California, Acting By and Through the Department of Transportation. Respondent opposes the motion. ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity den...

Excerpt: ...ensation for Kapil Moza, M.D. (“Moza”) and Andrew S. Morris, D.C. (“Morris”), who are expert witnesses retained by Plaintiff Natalie Colonette. Plaintiff opposes the motion. In reply, Defendants represent that the parties have reached an informal resolution concerning Moza's fees such that they are no longer at issue. The Court therefore denies the motion as to Moza as moot. The Court only considers the motion as to Morris. ANALYSIS As a ...

Excerpt: ...f”) alleges that she was injured in a motor vehicle collision involving Defendant Skyler Jay Jones (“Defendants”). Plaintiff moves the Court for orders compelling Defendant to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Defendant . Propounded: July 14, 2021 a. Responses: September 17, 2021 b. Motion Filed: April 22, 2022 (Motion A) 2. Demands for Production of Documents, Se...

Excerpt: ...for punitive damages in the complaint. Plaintiff opposes the motion. PLAINTIFF'S OBJECTIONS Plaintiff objects to Defendants' motion to strike on two grounds. First, Plaintiff argues Defendants failed to sufficiently meet and confer prior to filing the 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 f...

Excerpt: ...ed an opposition to the motion. ANALYSIS As treating health care practitioners, Deponents are entitled to reasonable fees for their deposition testimony if Defendant will ask them “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . . . .” (Code Civ. Proc., § 2034.430, su...

Excerpt: ... 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, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion ...

Excerpt: ...ummary Adjudication 3. Declaration of Michelle L. Villareal in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 4. Compendium of Exhibits in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 6. Notice of Lodging in Support of Motion for Summary Judg...

Excerpt: ...iry in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Rasic's Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication; Memorandum of Points and Authorities; Request for Continuance 2. Reque...

Excerpt: ...gatories, set one (“FROG”) and Special Interrogatories, set one (“SROG”). Plaintiff also moves to deem admitted the matters specified in Requests for Admission, set one, (“RFA”) which Plaintiff propounded on Defendant. Plaintiff seeks monetary sanctions. Defendant opposes the motions. At the outset, the Court finds that Plaintiff filed a single motion to compel responses to the FROG and SROG. Instead, Plaintiff should have filed two s...

Excerpt: ...opposes the motion. ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code, §§ 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) Further, an action against a public employee is barred if an action against the employing public entity would...

Excerpt: ..., Summary Adjudication 3. Declaration of David Song in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 4. Declaration of Christy Pham in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 5. Declaration of Jean Sanz in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 6. Separate Statement of Undisputed Material Facts in Support of Motion for Su...

Excerpt: ...tling Defendants move for a determination that their settlement with Plaintiff was entered into in good faith. Defendant Fusion Contracting, Inc. (“Fusion”) opposes the motion. 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 c...

Excerpt: ...ncident. Plaintiff requests monetary sanctions. Defendant opposes the motion and also requests monetary sanctions. ANALYSIS Trial is currently set for July 8, 2022, which the Court set pursuant to Plaintiff's most recent ex parte application to continue trial. (See February 23, 2022 Minute Order.) Based on the Court's February 23, 2022 Minute Order, the fact discovery cutoff was February 22, 2022, and the expert discovery was March 9, 2022. (Code...

Excerpt: ...rate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication OPPOSITION PAPERS: None filed. BACKGROUND Plaintiff Cesar Garnica Elizalde sued Defendants Silver State Materials, LLC (“SSM”) and Joseph V. Castagliogla, Jr. (“Castagliogla”) based on a motor vehicle collision. SSM moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to t...

Excerpt: ...one filed. BACKGROUND Plaintiff Nevin Naibert, by and through his Guardian ad Litem, Pamela Ione Wistrom, sued Defendant Burbank Unified School District based on an accident in which Plaintiff tripped and fell while attempting to step up onto an auditorium stage riser during a school performance. (Complaint, p. 2.) Defendant moves for summary judgment on Plaintiff's complaint for negligence and dangerous condition of public property. Plaintiff ha...

Excerpt: ...teven D. Whang in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: None filed. REPLY PAPERS: None filed. BACKGROUND Plaintiff Alma Cervantes sued Defendant Costco Wholesale Corporation for premises liability and general negligence based on a slip-and-fall in a warehouse owned and operated by Defendant. Plaintiff alleges Defendant failed to utiliz...

Excerpt: ...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 “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Code Civ. Proc., § 1030, subd. (b).) The defendant is not required to show that there is no po...

Excerpt: ...ta Cobb, Jenell Nelson (“Jenell”), and Jenine Nelson-Piggott (“Jenine”) (collectively, “Plaintiffs”) sued Defendants Century Housing Corporation (“Housing”) and Century Villages at Cabrillo, Inc. (“Villages”) (collectively, “Defendants”) based on the death of Derrick Smith (“Decedent”). Defendants demur to the second cause of action for wrongful death resulting from premises liability in Plaintiffs' complaint. Defendan...

Excerpt: ...tions 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) 209 Cal.App.4th 1228, 1238.) Defendant demurs to the third ...

Excerpt: ...timely. Per Code of Civil Procedure section 1005, subdivision (b), Plaintiff's opposition was due to be filed and served at least nine court days before the hearing. The Court notes Plaintiff filed and served her opposition on March 28, 2022, which is seven days before the hearing on the demurrer. Despite the procedural deficiency, Defendant has nevertheless timely filed and served a reply to Plaintiff's opposition with full briefing on its merit...

Excerpt: ...Plaintiff was a passenger in a vehicle Plaintiff hailed through Defendants' ridesharing platform. Defendants demur to the second (negligence per se) and fourth (strict product liability) causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the fo...

Excerpt: ...sustained in a physical altercation with Defendant's security personnel. Defendant demurs to the third cause of action (malicious prosecution) in Plaintiffs' complaint. Defendant also move to strike Plaintiffs' claim for punitive damages in the first amended complaint. Plaintiffs oppose 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...

Excerpt: ...ests monetary sanctions. ANALYSIS When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examinat...

Excerpt: ...ion while riding as a passenger in a vehicle hailed through Petitioners' ridesharing platform. Respondent opposes 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 quic...

Excerpt: ...n for Summary Judgment or in the alternative Summary Adjudication [1] 5. Appendix of Exhibits in Support of Moton for Summary Judgment or in the alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Warren Plouffe in Support of Opposition to Defendant's Motion for Summary Judgment 3. Declaration of Philip L. Rosescu in Support of Opposition to Defendant's Motion for Summary Judgment 4. ...

Excerpt: ...ntiff moves for imposition of (1) issue sanctions, (2) evidentiary sanctions, and/or (3) an evidentiary presumption. Defendants oppose the motion. ANALYSIS “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy evidence “in res...

Excerpt: ...��Enterprise Defendants”), and Tina Marie Cooper (“Cooper”) based on a motor vehicle collision. Plaintiffs allege Cooper collided with Plaintiffs' vehicle while driving a vehicle owned by Enterprise Defendants. Plaintiffs later named Enterprise via Doe amendment. Enterprise Defendants demur to Plaintiffs' entire complaint. Plaintiffs oppose the demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall...

Excerpt: ... a court order to appear as a witness for a deposition. Defendants also request monetary sanctions in the amount of $1,579.65 and an imposition of a $500.00 forfeiture fee. No opposition has been filed. ANALYSIS Code of Civil Procedure section 2020.010 permits discovery of non-party witnesses through oral and written depositions. (Code Civ. Proc., § 2020.010(a)(1), (2); Hawkins v. TACA International Airlines, S.A. (2014) 223 Cal.App.4th 466, 476...

Excerpt: ... order. No opposition has been filed. ANALYSIS The court has discretion to impose terminating sanctions when a party willfully disobeys a discovery order. (Code Civ. Proc., § 2023.010(g).) The court may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., § 2023.030(d).) California discovery law authorizes a range of penalties for a party's refusal to obey a discovery order, inclu...

Excerpt: ...eir son (“Decedent”) died after falling from a chair while unsupervised in a classroom. Decedent was a student with special needs who attended Sunset Elementary School within the Hacienda La Puente Unified School District (“District”). Gallagher Pediatric Therapy, Inc. (“GPT”) provided physical therapy services to Decedent through its employee, Elke Tapia (“Tapia”). Plaintiffs sued the District, GPT, and Tapia, but later dismissed...

Excerpt: ...f informed consent. On February 6, 2022, Defendant filed a demurrer to Plaintiff's Complaint. Defendant demurs to the Second and Third causes of action of the Complaint on the grounds that those causes of action relate to the same primary right as the first cause of action for professional negligence, i.e., alleged physical injuries to the Plaintiff during his negligent treatment with Defendant. On March 22, 2022, Plaintiff filed an opposition to...

Excerpt: ... January 26, 2022, Petitioner filed a motion to compel deposition of the person most knowledgeable of Advanced Spine Institute. Respondent opposes the motion. Petitioner moves the Court for an order compelling compliance with its deposition subpoena and for sanctions due to the failure of the Person Most Knowledgeable of Advanced Spine Institute to appear deposition and produce business records without substantial justification. Petitioner also s...

Excerpt: ... 2022, Defendant filed a motion seeking to strike the claim for, and references to, exemplary damages on the grounds that Plaintiff has failed to state facts which allow for the recovery of such damages. On March 16, 2022, Plaintiff filed an opposition to Defendant's motion to strike. On March 23, 2022, Defendant filed a reply to Plaintiff's opposition. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a mot...

Excerpt: ...t 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. Notice of Lodgment In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Request for Judicial notice In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSIT...

Excerpt: ... Summary Judgment 5. Notice of Advanced Hearing Date on Defendants' Motion for Summary Judgment OPPOSITION PAPERS: None Filed REPLY PAPERS: None filed. BACKGROUND Plaintiff Cesar Mancilla Lobos (“Plaintiff”) sued Defendants Low Price Autobody Shop, Inc. and Vardan Vardumyan (“Defendants”) based on injuries Plaintiff claims he sustained in a motor vehicle collision. Plaintiff has not filed an opposition. LEGAL STANDARD – SUMMARY JUDGMENT...

Excerpt: ...ely, “Plaintiffs”) sued 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' first amended 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 oppositions. ANALYSIS 1. DEMURRER “It is black letter law that a de...

Excerpt: ...properly served deposition notice requires a party to attend and to testify. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, … or to produce for inspection any document, … described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and test...

Excerpt: ...ks monetary sanctions. 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 and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On August 26, 2021, Plaintiff served a deposition n...

Excerpt: ... 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 may, upon like terms, enlarge the time for answer or demurrer. The court...

Excerpt: ... a motor vehicle collision. Margarit moves to strike Plaintiffs' claim and prayer for punitive damages in the first amended complaint (“FAC”). 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: (...

Excerpt: ...n discovery to permit Defendants the opportunity to complete additional fact discovery. Plaintiff Mark Louie Torres opposes the motion. ANALYSIS Trial is currently set for June 3, 2022, which the Court set pursuant to parties' stipulation. (See January 20, 2022 Stipulation and Order.) Based on the parties' stipulation, non-expert discovery was to remain closed and the expert discovery was to close based on the trial date of June 3, 2022. (See Ord...

Excerpt: ...Judgment 4. Separate Statement of Undisputed Material Facts in Support of Second Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Second Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Britany Engleman in Support of Opposition to Second Motion for Summary Judgment 3. Declaration of Sylvia Vasquez in Support of Opposition to Second Motion for Summary Judgment 4. Declaration of F. Ramzi Asfour, M.D...

Excerpt: ...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 may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the ad...

Excerpt: ...Plaintiff's medical providers and 2 subpoenas Defendant served on Plaintiff's current and former employers. 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).) 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: ...Highland, Inc. (“Highland”) via Doe amendment on December 1, 2021. Highland demurs to the first, second, and third causes of action in Plaintiff's complaint. Highland also moves to strike Plaintiff's prayer for attorney's fees and related portions of Plaintiff's complaint. Plaintiff has not filed an opposition to the motion or demurrer. The Court notes Plaintiff dismissed the third cause of action as asserted against Highland on March 10, 202...

Excerpt: ...position to the petition despite the Court continuing the hearing from January 18, 2022 to March 18, 2022 with a briefing schedule based on Respondent's request. ANALYSIS 1. ARBITRATION “[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 quick...

Excerpt: ...ecomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicati...

Excerpt: ... a motor vehicle collision involving Defendant Laura Mendoza (“Defendant”). Defendant moves the Court for orders compelling Plaintiff Herrera to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Plaintiff Herrera a. Propounded: April 12, 2021 b. Initial Responses: June 22, 2021 c. Motion Filed: August 6, 2021 (Motion A) 2. Form Interrogatories, Set 1, Propounded to Plaintiff Herrer...

Excerpt: ...ed Plaintiff while Plaintiff was Lycee's student. Defendants demur to the first through fifth causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages, attorney fees, and treble damages. 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 ...

Excerpt: ...019, against Defendant Victoria Sifuentes. Defendant Victoria Sifuentes by and through Rosario Sifuentes and Marcelino Sifuentes, Co-Administrators of the Estate of Victoria Sifuentes (“Co-Administrators”) opposes the motion. ANALYSIS Per Code of Civil Procedure section 473, subdivision (d), “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform...

Excerpt: ...ed on Dr. Shahrouz Ghodsian, M.D. (“Deponent”), and for a protective order precluding Deponent from producing Defendant's requested medical records. Defendant requests monetary sanctions. Plaintiffs oppose the motion. The Court notes Defendant filed a single motion to quash the deposition subpoena served on Deponent and for a protective order. Defendant should have filed two separate motions: one as to each form of relief. The Court will ther...

Excerpt: ... arrest during a traffic stop. Defendants demur to the first through third causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages from 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 ruling on...

Excerpt: ... motion. ANALYSIS When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subds. (d)(1) & (d)(3); 2030.290, subd. (c), 2031.300, subd. (c).) California discovery law authorizes a range of penalties for a party's refusal to obey...

Excerpt: ...Thomas alleges he sustained when exercising with an exercise product that malfunctioned and struck him in the eye. The incident occurred in Silver Creek, Washington. At the time of filing suit, Plaintiffs resided in California, but now live in Washington. GoFit is an Oklahoma limited liability company with its principal place of business in Oklahoma. GoFit moves to dismiss the action based on inconvenient forum, contending that Washington is a su...

Excerpt: ... Summary Adjudication 3. Declaration of John M. Bergerson in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 4. Declaration of Alyssa Preston in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSITION PAPERS: 1. Statement of Non-Oppositi...

Excerpt: ...es a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. ...

Excerpt: ... 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) 209 Cal.App.4th 1228, 1238.) First, the Court notes that Plainti...

Excerpt: ...he summons and complaint for improper service. Plaintiff opposes the motions. ANALYSIS “A defendant, 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 gro...

Excerpt: ...mber 20, 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 or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned ...

Excerpt: ...e. 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, 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...

Excerpt: ...urance Company (“Zurich”), The Travelers Indemnity Company (“Travelers”), and Mercury Insurance Company (“Mercury”) (collectively, “Deponents”). Defendant opposes the motions. 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 reasonabl...

Excerpt: ... Association (“HOA”) based on injuries Plaintiffs allege Lulu sustained from a dog bite owned by Defendants Adam Gruen and Amanda Gruen (collectively, “Gruens”). HOA moves to strike Plaintiffs' prayer for punitive damages and prejudgment interest in the second amended complaint (“SAC”). Plaintiffs oppose 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...

Excerpt: ...ary Adjudication/Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication/Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication/Judgment; Memorandum of Points and Authorities 2. Response to Separate Statement of Undisputed Material Facts 3. Declaration of Thomas Fugger in Support of Opposition to Motion for Summary Judgment 4. Declaration of Michael Nebenzahl in Support of Op...

Excerpt: ...comes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicatio...

Excerpt: ...ation by Barry I. Ludwig, M.D. (“Ludwig”); (2) a psychiatric examination by Suzanne Dupee, M.D (“Dupee”); and (3) a neuropsychological examination by Roger Light, M.D (“Light”). Plaintiff opposes the motion. ANALYSIS “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. A motion ...

Excerpt: ... Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Emmanuel Henry Mendoza sued Defendants MNE Trucking, Inc. (“MNE”) and Chad August Chaves (“Chaves”) (collectively, “Defendants”), based on a motor vehicle collision. Defendants move for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. DISCUSSION Defendants move for summary judgment on Pl...

Excerpt: ...t Los Angeles County Metropolitan Transportation Authority 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 ot...

Excerpt: ...nd Maria. Defendants demurs to all four 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.) “This rule of liberal construc...

Excerpt: ...ent BACKGROUND Plaintiff Hamid Sabzbalouch-I-Bam (“Plaintiff”) sued Defendant West Hills Hospital (“Defendant”) for medical malpractice. Plaintiff alleges that Defendant failed to provide appropriate care, treatment and safety precautions, causing injuries to Plaintiff. (Complaint, ¶¶ 13- 14.) Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTION FOR...

Excerpt: ...ppear at the Order to Show Cause Re: dismissal for failure to enter default as to defendant Marcus Denzel Rogers (“OSC”). 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 additi...

Excerpt: ...claration of Sara Greco. 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 or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed u...

Excerpt: ...rth 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 or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed upon application may be allowed or denied in the court's discretion.” (Id., subd. (c)(4).) On a ...

Excerpt: ...f's designated experts from presenting evidence at trial. Plaintiff opposes the motions. Hwang objects to Plaintiff's opposition as untimely, among other things. All papers opposing a motion must be filed with the court and a copy served on each party at least nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) The Court notes Plaintiff filed his oppositions on February 18, 2022, or eight court days before the hearing. Plai...

Excerpt: ... Aileen Torres (“Decedent”) while under Defendant's treatment and care. Defendant demurs to the third cause of action for negligence in Plaintiff's 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[]”...

Excerpt: ...��) (collectively, “Defendants”) based on a slip and fall on property owned and controlled by Defendants. Defendants move to strike Plaintiffs' prayer for punitive damages in the second amended complaint. Plaintiffs oppose the motion. ANALYSIS 1. MOTION TO STRIKE – PUNITIVE DAMAGES CLAIM 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....

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...