Excerpt: ...or non-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) ...

Excerpt: ...hich Plaintiff alleges Defendants failed to permit Plaintiff to play golf at a golf course owned and controlled by City. Defendants demur to all four causes of action in the first amended complaint. Defendants also move to strike Plaintiff's prayer for attorney's fees. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of . . . [t]he decisional, constitutiona...

Excerpt: ...eeks to require another party to submit to a mental examination must obtain leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310.) The court must grant the motion if the moving party shows good cause for the mental examination. (Code Civ. Pr...

Excerpt: ...ed in the amended general denial filed on May 14, 2020. Plaintiff Estela Hernandez 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...

Excerpt: ...laintiff at UCLA Health. University demurs to Plaintiff's entire complaint. University also moves to strike portions of Plaintiff's 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 a demurrer, the court must “liberally construe[]” the allega...

Excerpt: ...ndants also move for a protective order and request monetary sanctions in connection with the motion. Plaintiff opposes the motion. 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 ...

Excerpt: ...Plaintiff alleges Decedent succumbed to injuries sustained in an altercation with Defendant Mitchell Castillo. Defendants demur to all four causes of action in Plaintiff's complaint as well as Plaintiff's prayer for damages in the complaint. Plaintiff 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 C...

Excerpt: ...ht supporting an additional cause of action and claim for punitive damages against Defendant. Plaintiffs now seek to amend the complaint filed on May 4, 2021, to add a cause of action for negligent infliction of emotional distress and claim for punitive damages against Defendant. 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 f...

Excerpt: ...to all four causes of action in Plaintiff's first amended complaint or, in the alternative, moves to transfer the matter to the family law division of Long Beach Superior Court. Plaintiff opposes the demurrer and motions. 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 an...

Excerpt: ... 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, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one...

Excerpt: ...ries based upon evidence revealed in discovery. Defendants Abbracci Aesthetics, PC dba Abbraci Med Spa, Luis Abrishamian, M.D., and Jorge Vournas, M.D. (collectively, “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...

Excerpt: ... based on medical malpractice. Defendants demur to the third, fourth, fifth and seventh causes of action in Plaintiff's first amended complaint (“FAC”). 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 all...

Excerpt: ... employer, Dr. Nortman, M.D. (“Nortman”) and on Plaintiff's thirty-two medical providers (“Providers”). 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 moti...

Excerpt: ...SIS 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, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or th...

Excerpt: ...Commercial Interior Resources, Inc. (“Interior Resources”) based on injuries that Plaintiff allegedly sustained after tripping on a carpet in the lobby of the office building located at 444 South Flower Street, Los Angeles, California (“Subject Property”). Plaintiff alleges that the subject carpet was negligently installed and constituted a dangerous condition on the Subject Property such that defendants CVFI, KPRS, and Interior Resources...

Excerpt: ...have timely submitted supplemental briefing in accordance with the Court's January 10, 2022 Minute Order. ANALYSIS 1. PLAINTIFF'S OBJECTIONS Plaintiff objects to Defendant's motion to strike on three 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...

Excerpt: ...complaint (“SAC”). 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, 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 ...

Excerpt: ...s. Defendants, separately, demur to the first cause of action for premises liability in Plaintiff's complaint. Plaintiff opposes the demurrers. 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 Cons...

Excerpt: ...l malpractice. Demurring Defendants demur to the second through sixth causes of action in Plaintiff's first amended complaint (“FAC”). 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 co...

Excerpt: ...ospital Medical Center/X- Rays; and (3) Dignity Health (to include California Hospital Medical Center -Los Angeles) (collectively, “Deponents”). 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).) Current discovery standards hold that, “any party may obtain discovery regarding any matter, not privileged, [1...

Excerpt: ... 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 partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc., § 877.6, subd. (c).) Additionally, a determination that a settlement was made in good faith will reduce the claims against the non-settling de...

Excerpt: ...ccessor trustee of the Samuel Chmelnicki 2006 Living Trust Dated April 6, 2006 (“Successor Trustee”) (collectively, “Defendants”) based on a trip and fall. Defendants demur to the first and second causes of action in Plaintiff's first amended complaint (“FAC”). Defendants also moves to strike portions of the FAC. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notic...

Excerpt: ...act information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar. If all parties do not submit on this tentative ruling, they should arrange to appear in‐person or remotely (which is highly encouraged). Further, after the ...

Excerpt: .... Defendants demur to the first through seventh causes of action in Plaintiff's first amended complaint (“FAC”). Defendants also move to strike the FAC as a sham pleading or, in the alternative, portions of Plaintiff's FAC. Defendants seek monetary sanctions. Plaintiff opposes the motion and demurrer. EVIDENCE Plaintiff objects to Defendants' request for judicial notice in support of Defendants' demurrer. The Court overrules Plaintiff's objec...

Excerpt: ...mplainant. Defendant now seeks to amend the first amended cross-complaint to reflect the correct entity as the cross- complainant. The motion is unopposed. 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...

Excerpt: ...ew trial date. Plaintiff Philip Dalmer, Jr. 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 t...

Excerpt: ...ministrative and Consulting, LLC (collectively, “Petitioners”) moves to compel Plaintiffs Gloria Duron (“Duron”), Katherine Duron-Williams (“Katherine”), and Billy Taylor (collectively, “Respondents”) to arbitrate Respondents' claims arising from injuries Duron alleges she sustained while a resident at Petitioners' skilled nursing facility. Respondents oppose the motion. EVIDENCE Respondents set forth objections to the declaration...

Excerpt: ...t to Evidence Code Sections 452 and 453 BACKGROUND Plaintiff Mercury Insurance Company sued Defendants Armando Castille (“Armando”) and Natalie Illouz (“Illouz”) for declaratory relief concerning coverage of Armando under a policy issued by Plaintiff to Ana Castillo (“Ana”). Armando and Illouz were involved in a vehicle-to-pedestrian collision. According to Plaintiff, Armando asserts Plaintiff must defend and indemnify him in the sepa...

Excerpt: ...s Angeles Unified School District (“District”) and Paula Denise Sullivan (collectively, “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 mistak...

Excerpt: ... 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 Dist. (2012) 2...

Excerpt: ...in Support of Motion for Summary Judgment 5. Declaration of Heather A. Defalco in Support of Motion for Summary Judgment 6. Amended Separate Statement of Undisputed Facts 7. Notice of Non-Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Bettie Joe Smith sued Defendant Cedars-Sinai Medical Center based on medical malpractice. Plaintiff alleges Defendant was negligent in its treatment and care of Plaintiff leading to injuries to Plain...

Excerpt: ...dure, “[a]n intervention takes place when a nonparty, deemed an intervenor, becomes 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 pe...

Excerpt: ...d and operated by Defendant. Defendant demurs to the third and fourth causes of action in Plaintiff's complaint. Defendant also moves to strike portions of Plaintiff's complaint. Plaintiff opposes the demurrer and 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 �...

Excerpt: ...d cause of action (“Intentional Tort”) 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 libe...

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

Excerpt: ...unctioned and struck him in the eye. Plaintiffs move to file a first amended complaint (“FAC”) to assert a claim for punitive damages against GoFit based on facts ascertained in discovery. GoFit opposes the motion. Plaintiffs reply 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...

Excerpt: ...Defendant Navigators Real Estate Inc., via Doe amendment (“Navigators”). Navigators filed a first amended cross-complaint (“FACC”) against Phung for breach of contract, indemnity, equitable contribution, and apportionment of fault. Phung demurs to the first and second causes of action in Navigators's cross-complaint. Navigators opposes the demurrer. Phung replies to the opposition. ANALYSIS “It is black letter law that a demurrer tests ...

Excerpt: ...nufactured, designed, and/or distributed by Defendants. Plaintiff later added Defendant Koshin Ltd. (“Koshin”) via Doe amendment. Koshin appears specially and moves separately to quash service of the summons and complaint for (1) improper service and (2) lack of personal jurisdiction. Plaintiff opposes the motions. Koshin replies to the opposition. EVIDENCE With respect to Koshin's objections to Plaintiff's evidence in support of Plaintiff's ...

Excerpt: ...cts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Juanita Harris in Support of Opposition to Motion for Summary Judgment 3. Declaration of Joseph D. Hough in Support of Opposition to Motion for Summary Judgment 4. Separate Statement and Additional Material Facts in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in ...

Excerpt: ...ts and Authorities 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues 3. Request for Judicial Notice in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues 4. Evidence in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues W.A. Rasic Co...

Excerpt: ...ant De Ante Doe, punched Respondent in the face during the ride. Respondent opposes the motion. Petitioner replies to the opposition. 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 resol...

Excerpt: ...es 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 part of any pleading not drawn or filed in c...

Excerpt: ...y Parivash (collectively, “Defendants”) oppose the motion. Plaintiff replies to the opposition. 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 p...

Excerpt: ...ation 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the alternative Summary Adjudication 4. Declaration of David G. Halm OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment, or in the alternative Summary Adjudication; Memorandum of Points and Authorities ) (hereafter, “Plaintiff's Opposition”) 2. Separate Statement in Opposition to Defendant's Motion for Summary Judgment, or in...

Excerpt: ...�Hospital”), when another patient attacked Plaintiff while Plaintiff was under four-point restraints, as ordered by Bijanpour. Bijanpour has pleaded guilty in an unrelated federal criminal matter, and now moves for a stay of proceedings pending the completion of his 18-month sentence in a federal penal institution. Hospital joins Bijanpour's motion to stay the action. Plaintiff opposes the motion. ANALYSIS “[W]hen the trial court determines o...

Excerpt: ...ant demurs to the first cause of action and claim for exemplary damages in Plaintiff's complaint. Defendant also moves to strike Plaintiff's claim for exemplary damages in the complaint. Plaintiff opposes the motion and demurrer. Defendant replies to the opposition. Defendant objects to Plaintiff's opposition as untimely per Code of Civil Procedure section 1005, subdivision (b). The Court notes Plaintiff filed her opposition on November 18, 2021,...

Excerpt: ...to strike Plaintiff's proof of service filed on September 16, 2021, reflecting Plaintiff's service on 850 via substituted service. 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 irrele...

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: ... Plaintiff's complaint. Plaintiff opposes the motion. County replies to the opposition. County objects to Plaintiff's opposition as untimely. The Court notes Plaintiff filed his opposition on November 19, 2021, or four court days before the hearing. The Court thus finds Plaintiff's opposition to be untimely under Code of Civil Procedure section 1005. (Code Civ. Proc., § 1005, subd. (b).) The Court also notes County has nevertheless filed a reply...

Excerpt: ...e 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 part of any pleading not drawn or filed in conformit...

Excerpt: ... Longoria, and Detective Stephen Valenzuela (collectively, “Defendants”) move to compel Plaintiff Leticia Sanchez (“Plaintiff”) to submit to a mental examination with Deborah Cresswell, Ph.D. (“Cresswell”), on December 2, 2021. Plaintiff opposes the motion. Defendants reply to the opposition. ANALYSIS Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain...