Excerpt: ...dent over an electric scooter parked on a sidewalk. Defendant Bird Rides, Inc. (Bird) demurs to the third cause of action in Plaintiff's First Amended Complaint (FAC) for products liability. Plaintiff opposes the demurrer. Defendant replies. Preliminarily, in opposition Plaintiff argues that she has not significantly altered the third cause of action from the Complaint to the FAC, and thus the third cause of action cannot be subject to a demurrer...

Excerpt: ... evidentiary support and further Plaintiff has failed to dismiss her claims against Defendant for the improper purpose of extracting a nuisance value settlement. Plaintiff opposes the motion. Defendant replies. ANALYSIS Code of Civil Procedure section 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers that does not meet the following criteria: (1) It is not bei...

Excerpt: ...lies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from...

Excerpt: ...f Alex J. Balian 8. Notice of Errata; Declaration of Mitchell D. Kaylor; Exhibit to Declaration of Alex J. Balian OPPOSITION PAPERS: 1. Plaintiff's Notice of Non-Opposition to Motion for Summary Judgment 2. Declaration of Angelo Z. Perillo in Support of Opposition to Plaintiff's Improper Use of Motion for Summary Judgment Procedure [1] REPLY PAPERS: 1. Plaintiff's Reply to Plaintiff's Non-Opposition and to New Vision's Declaration BACKGROUND Plai...

Excerpt: ...ON PAPERS: Opposition; Memorandum of Points and Authorities . Response to Statement of Undisputed Material Facts Separate Statement of Additional Material Facts 4. Separate Volume of Exhibits Declaration of Anna Mezhebovskaya 6. Declaration of Shawma Morgan Declaration of Zachary M. Moore REPLY PAPERS: Reply Evidentiary Objections Reply and Response to Opposition to Separate Statement of Undisputed Material Facts Reply to Separate Statement of Ad...

Excerpt: ...73, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim 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 attorneys sworn affidavit attesting to the attornefs mis...

Excerpt: ...473, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim 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 attorneys sworn affidavit attesting to the attornefs mi...

Excerpt: ...ants to Mercuty Insurance Group. Defendants oppose the motion. ANALYSIS 1. DISCOVERY -GENERAL PRINCIPLES "The purpose of the discovety rules is to enhance the math-seeking function of the litigation process and eliminate trial strategies that focus on gamesmanship and surprise. In other the discovery process is designed to make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fullest...

Excerpt: ...on. Plaintiffs further allege that Defendant Preston Young Dae Kim negligently operated a motor vehicle owned by Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC CDefendant"). (See Complaint, First Cause of Action, p. 1.) Defendant moves the Court for orders compelling Plaintiffs to provide further responses to the following discovery requests: 4. Special Interrogatories, Set 1, Propounded to Plaintiff Nahla Alicia Kandah (Motion A) a....

Excerpt: ...tion of Alvina Garcia; Declaration of Terry Parvin Request for Judicial Notice Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgm ent Index of Exhibits Notice of Non-Opposition to Defendants' Motion for Summary Judgment OPPOSITION PAPERS: N/A REPLY PAPERS: N/A BACKGROUND Plamtiff Michelle Garza (Plaintim sued Defendant Sam Chmelnicki individually and as Trustee of the Samuel Chmelnicki 2006 Living Trust dated A...

Excerpt: ... at an event hosted at Standard Hotel's night club. On December 9, 2022, Plaintiff filed an amendment to the Complaint naming Bryan Rabin, Inc. (Rabin) as Doe Defendant 2. Rabin demurs to Plaintiffs premises liability cause of action as It pertains to Rabin, argumg Plamtiffs December 9, 2022, Doe Amendment does not relate back to the original filing date of the complaint, and thus Plaintiffs claim agamst Rabin is time barred. Additionally, Rabin ...

Excerpt: ...d. Plaintiff opposes the demurrer. Defendants reply. Preliminarily, Plamtiff asserts that Defendants failed to comply with the meet and confer requirement pursuant to Code of Civil Procedure, section 439, subdivision "Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party- shall meet and confer in person or by telephone With the parv who filed the pleading that is subject to the motion for judgment on the ...

Excerpt: ...ovmgs) to Lopez Income Tax/Alex Lopez. The motion is unopposed. ANALYSIS 1. DISCOVERY -GENERAL PRINCIPLES "The purpose of the discovety rules is to enhance the math-seeking function of the litigation process and eliminate trial strategies that focus on gamesmanship and surprise. In other the discovery process is designed to make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fulles...

Excerpt: ...ifO opposes the motion. Defendant replies. 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...

Excerpt: ...ere injured as a result of motor vehicle collision. Plaintiffs further allege that Defendant Raul Espinoza, who is employed by Defendant City of Haurthorne ("Defendant') negligently operated the vehicle that collided with the vehicle occupied by Plaintiffs. (See Complaint, pp. 4-6.) Defendant moves the Court for an order compelling Plaintiffs Hagen and Washington to provide further responses to the following discovety requests: Request for Identi...

Excerpt: ...isputed Material Facts in Support of Motion for Summary Judgment[l] Declaration of Austin Smith OPPOSITION PAPERS: Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities Separate Statement of Disputed and Undisputed Material Facts in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: Reply in Support of Motion for Summary Judgment Objection to Plaintiffs Separate Statement of Material Facts BACKGROUND Plam...

Excerpt: ...fendant) moves to strike Plaintiffs memorandum of costs on appeal as untimely. Plaintiff opposes the motion. Plamtiff separately moves for relief from the untimely filing of the memorandum of costs on appeal under Code of Civil Procedure section 473. Defendant has not filed an opposition. ANALYSIS a. Motion to Strike Memorandum of Costs on Appeal "1'Vithm 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing cour...

Excerpt: ...t filed an opposition. 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 againsthim 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...

Excerpt: ... of Plaintiff by Ari Kalechstein, Ph.D. (Kalechstein). Plaintiff opposes the motion. Defendant replies. ANALYSIS Foremost as Defendant acknowledges, there is no provision in the Discovery Act for Defendant to seek a protective order related to a mental examination. (See, e.g„ Code Civ. Proc„ S 2032.510.) Nevertheless, Defendant relies upon Code ofCivil Procedure section 2017.020 which states: "The courtshall limitthe scope of discovery if it ...

Excerpt: ...llision. Defendants move to quash service of the summons on Defendant Sophia Ingrid Santalucia (Santalucia) for improper service. Plamtiff opposes the motion. Defendants reply to the opposition. JUDICIAL NOTICE Under Evidence Code section 452, "[j]udicial notice may be taken of the followmg matters to the extent that they are not embraced within Section 451 : (a) The decisional, constitutional, and statutory law of any state of the United States ...

Excerpt: ...p. Defendant demurs to Plaintiffs entire Second Amended Complaint (SAC) and to the cause of action for Premises Liability. Plaintiff opposes the demurrer. Defendant replies. Based on Plaintiffs untimely filing of her opposition, and as a result, Defendant's late filing of its reply, the Court continued the hearing for the instant motion from May 1, 2023, to May 17, 2023, to allow the Court time to review the opposition and reply. ANALYSIS 1. DEMU...

Excerpt: ...nce in Support of Motion for Summary Adjudication Declaration of Kyobum Lee in Support of Motion for Summaty Adjudication OPPOSITION PAPERS: Opposition to Motion for Summary Adjudication; Memorandum of Points & Authorities Separate Statement of Undisputed and Disputed Material Facts in Support of Opposition to Motion for Summary Adjudication Declaration of Nikolai Lachovvicz and Exhibits REPLY PAPERS: Reply in Support of motion for Summaty Adjudi...

Excerpt: ...ry to assert an additional cause of action for negligence against Cross-Defendants Armstrong Transport Group, LLC (Armstrong) and Neon Logistics, LLC (Neon), based on new facts learned through discovety and a recent Motion for Summary Judgment filed by Neon. Armstrong and Neon separately oppose the motion. Francim replies. On April 18, 2023, after review and consideration of the movmg papers, opposition, reply, and oral argument the Court continu...

Excerpt: ... US LCC (Defendant) opposes the motion. Plaintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like t...

Excerpt: ...ffirmative defenses based on Civil Code section 333.4 and Plaintiffs failure to wear a seatbelt. Plaintiffs Eduardo Ramirez (Ramirez) and Jorge Medrano (Medrano) separately oppose the motion. Defendants reply. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by a...

Excerpt: ...on AuthoriW (Defendant) opposes the motion. 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 againsthim 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 time...

Excerpt: ...for Summary Judgment; Memorandum of Points and Authorities Request for Judicial Notice Evidentiary Objections to Declarations of Jacqueline Bouché and Helene Udy 4. Response to Separate Statement of Material Facts . Amended Response to Separate Statement of Material Facts [1] 6. Second Amended Response to Separate Statement of Material Facts Declaration of Jeff Bonelli 8. Declaration of William E. Jackson REPLY PAPERS: Reply to Opposition to Mot...

Excerpt: ...strike Plaintiffs prayer for punitive damages. Plaintiff opposes the motion. Star replies. 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., S 435, subd. Cal. Rules of Court, rule 3.1322, subd. 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 a...

Excerpt: ... argues the FAC is necessary to amend the second cause of action for premises liability to allege that the perpetrator of the subject incident was not a single "security guard for-hire" but rather mvo separate individuals. Defendant Justin Jagoda (Defendant) opposes the motion. Plaintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, a...

Excerpt: ...tion to Motion for Summary Adjudication; Memorandum of Points and Authorities, Declaration of Thomas Conroy and Supporting Evidence Reply to Separate Statement of Material Facts Declaration of Mark Home REPLY PAPERS: Reply filed by Defendants Sea Logix, LLC and Gerardo Benavidez Reply filed by Plaintiffs Dijon Paris Cosby, Anthony Bueno and Josiah Yvonn Guidry Declaration of Marcelis E. Morns in support of Reply filed by Plamtiffs ADDITIONAL PAPE...

Excerpt: ...endant) based on injuries Decedent alleged he sustained in a motor vehicle collision. Plamtiffs Estate of Fernando Romo, Martha J. Sanchez (Mattha), Christopher J. Romo Sanchez (Christopher), Fernando Romo, Ir. (Fernando) and Dania Y. Romo (Dania), a minor, by and through her Guardian Ad Litem, Martha J. Sanchez (collectively, Plaintiffs) move the Court for an order to have Plaintiffs Martha l. Sanchez (Martha), Decedent's surviving Wife, and Chr...

Excerpt: ...tative of the Estate of Christopher Pearson (Decedent) sued Defendants Avalonbay Communities, Inc„ ASN Woodland Hills East, LLC, Universal Protection Service, LP, and Allied Universal Executive Protection and Intelligence Services, Inc. (collectively, Defendants) based on a violent attack on Decedent which resulted in his death. Defendants Avalonbay Commumties, Inc. and ASN Woodland Hills East, LLC (Demurring Defendants) demur generally and spe...

Excerpt: ...vision of employees. Defendants Jose Francisco Rodriguez Sanchez, Ralph Olarte and Sport La, Inc. (collectively, Defendants) oppose the motion. Plaintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or...

Excerpt: ... Civil Procedure section 473 Code of Civil procedure section 473 "includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right." (Minickv. Ci)' of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) "Section 473 is a remedial statute to be "applied liberally' in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the...

Excerpt: ...dging and Lodging of Video and Screen Shots in Support of Motion for Summary Judgment 5. Evidence in Support of Motion for Summary Judgment 6. Appendices of Non-California Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Objections to Summary Judgment Evidence 3. Plaintiff's Response Separate Statement of Disputed Material Facts and Additional Undisputed Material Facts [1] 4....

Excerpt: ...e Day Care, Inc. (Little Bee), Alina Stolyarova (Stolyarova) and Evgeny Nagovitsyn (Nagovitsyn) as the Trustee of Nagovitsyn Family Trust (collectively, Defendants) based on a leg injury Plaintiff Yaroslava allegedly sustained while she was under the care of Defendants at Little Bee. Defendants demur to Plaintiffs' Complaint. Plaintiffs have not filed an opposition. The Court continued the hearing on the demurrer twice to allow Little Bee, a corp...

Excerpt: ...ff Christel on the phone and walking to his car in the parking lot of Dodger Stadium. Plaintiffs further allege that the delay in providing assistance to Plaintiff Rafael exacerbated his injuries. Defendant Los Angeles Dodgers, LLC (“Defendant”) moves the Court for orders compelling Plaintiffs to serve further responses to the following discovery requests: 1. Demand for Inspection, Set 1, Propounded to Plaintiff Rafael (Motion A) · Propounde...

Excerpt: ...oposed SAXC is necessary to assert an additional cause of action for negligence against Cross-Defendants Armstrong Transport Group, LLC (Armstrong) and Neon Logistics, LLC (Neon), based on new facts learned through discovery and a recent Motion for Summary Judgment filed by Neon. Armstrong and Neon separately oppose the motion. Francini replies. Francini separately moves for leave to file a first amended answer, arguing the amended answer is nece...

Excerpt: ...iff Joshua Messler (“Plaintiff”) opposes the motion. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 452, “[j]udicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: . . . (c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States. (d) Records of (1) any court of this state or (2) any court of record of...

Excerpt: ...ces 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 to continue trial. Whether the parties have stipulat...

Excerpt: ...ts' expert witnesses Philip S. Wang MSME and Jeffrey I. Korcheck M.D. Defendants oppose the motion. On March 14, 2023, the original hearing date for the instant motion, the Court found that Plaintiff did not meet and confer with Defendants in good faith before filing her motion to reopen discovery. As such, the Court ordered Plaintiff and Defendants to meet and confer in an effort to informally resolve the current discovery dispute. The Court fur...

Excerpt: ...scaffolding installed by Defendants. (See Complaint, ¶ 9.) Plaintiff moves to quash the subpoenas issued by Defendants to the following entities: (1) National Providers Solution, (2) Travelers Property Casualty Company of America, (3) Law Offices of Keith Nguyen, (4) Law Offices of Cipolla Calaba, and (5) Jerry's Famous Deli, Inc. Defendants oppose the motion. Plaintiff replies. ANALYSIS 1. DISCOVERY – GENERAL PRINCIPLES “The purpose of the ...

Excerpt: ... for order determining the good faith of its settlement with Plaintiffs. Defendant/Cross- Defendant/Cross-Complainant Make It Nice, LLC (Make It Nice) oppose the motion. Rodeo replies. ANALYSIS A. GOOD FAITH SETTLEMENTS Under Code of Civil Procedure section 877.6, “[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...

Excerpt: ...e 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 to continue trial. Whether the parties have stipulated to the postponement is a relevant factor for consideration...

Excerpt: ...on for Summary Judgment Compendium of Evidence in Support of Motion for Summary Judgment OPPOSITION PAPERS: 4. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities Evidentiary Objections and Motions to Strike in Opposition to Motion for Summary Judgment Separate Statement of Disputed and Undisputed Facts in Opposition to Motion for Summary Judgm ent Compendium of Declarations and Exhibits in Opposition to Motion for Sum...

Excerpt: ... at an event hosted at Standard Hotel's night club. On September 4, 2019, Plaintiff filed an amendment to the Complaint nammg Sewice Concierge, Inc. dba The Standard, Hollywood (SCI) in its capacity as the managing and operating entity for Standard Hotel, as Doe Defendant 1. On September 16, 2022, Complainant in Intervention North American Capacity Insurance Company (NACI) intervened in the underlying matter as the insurer for SCI, and on SCI's b...

Excerpt: ...nd Roberto Gutierrez (collectively, "Defendants'). (See First Amended Complaint, 6.) Defendants move the Court for an order compelling Plaintiff to provide further responses to the following discovery request: Form Interrogatories, Set 1, Propounded to Defendant (Motion A) a. Propounded: July 30, 2021 b. Responded: September 16, 2021 c. Motion Filed: March 7, 2023 Special Interrogatories, Set 1, Propounded to Defendant (Motion B) a. Propounded: J...

Excerpt: ...or, failing health pursuant to Code of Civil Procedure section 36, subdivision (a). Plaintiff Hector Carbajal (PlaintifO initiated the action based on a motorvehicle collision. Defendant/Cross-Complaint/Cross-Defendant Kevin Mauricio Gutierrez Munoz (Munoz) opposes the motion. Additionally, Defendant/Cross-Complainant/Cross- Defendant Postmates, LLC (Postmates) opposes the motion. Defendant/Cross-Defendant Mario Santiago Vasquez Lmares (Linares) ...

Excerpt: ...1. FAILURE TO STATEA CAUSE OF ACTION A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., S 438, subd. "The motion provided for in this section may only be made on one of the following grounds: ... (8) Ifthe moving party is a defendant, that either ofthe following conditions exist: (1) The court has no jurisdiction of the subject of the cause of ...

Excerpt: ...cing evidence that a dangerous condition existed, the County and its employees had notice of a dangerous condition, the County and its employees were negligent, or Plaintiff sustained any injury or damages. Defendant also requests monetary sanctions. At the hearing on March 7, 2023, the Court continued the hearing to permit Plaintiff an opportumtyto oppose the motion. Thereafter, Plaintiff filed an opposition to the motion to which Defendant file...