Excerpt: ...cts in Support of Motion for Summary Judgment 4. Declaration of Allison C. Nelson in Support of Motion for Summary Judgment 5. Declaration of David Williams in Support of Motion for Summary Judgment 6. Declaration of Manuk Michael Pashanyan in Support of Motion for Summary Judgment 7. Declaration of Mark E. Resier, II, MS, PE, in Support of Motion for Summary Judgment 8. Notice of Motion and Motion to Seal Exhibit B to the Declaration of Manuk Mi...

Excerpt: ...e Nemours and Company, Vidal Zuniga Lopez, and Gloria Gomez (collectively, “Defendants”) based on injuries Plaintiffs allege they sustained in an explosion and fire resulting from cracks in a plastic gas pipeline causing flammable natural gas to enter into Plaintiffs' home. SC Gas demurs to the fourth cause of action for strict liability for ultrahazardous activity in the first amended complaint (“FAC”). SC Gas also moves to strike Plaint...

Excerpt: ... complaint. Plaintiff has not filed an opposition to 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 p...

Excerpt: ...ner in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement of Undisputed Material Facts 3. Separate Statement of Undisputed Material Facts in Opposition to Defendant's Motion for Summary Judgment 4. Evidence in Support of Opposition to Defendant's Motion for Summary Judgment 5. Declaration of Brad A. Schultz in Su...

Excerpt: ...-complaint against Kwan. Pang has settled her claims with Defendant, pending approval by the Court. Kwan opposes the motion. Defendant replies to the opposition. DISCUSSION Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if th...

Excerpt: ...replies to the opposition. EVIDENCE The Court rules on Petitioner's objections to the Declaration of Jerome P. Bellotti as follows: 1. Sustained 2. Sustained 3. Sustained 4. Overruled ANALYSIS “[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 resolve...

Excerpt: ...ny 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 conformity with the laws of Calif...

Excerpt: ... alleges she sustained when she was bit by a coyote after being instructed by Cunningham to wait outside her vehicle. Defendants move for judgment on the pleading on Plaintiff's first amended complaint. Plaintiff opposes the motion. Defendants reply to the opposition. ANALYSIS 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., § 438, subd. (f)...

Excerpt: ...e collision into the side of Plaintiff's building. Defendants move for a protective order precluding Plaintiff from deposing adjusters of Defendants' insurance carrier, Farmers Insurance (“Farmers”), and precluding Plaintiff's associated request for production of documents. 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, ...

Excerpt: ...d 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 corr...

Excerpt: ...mily Care Specialists IPA, A Medical Group, Inc., and Mayra Hernandez Schulte (collectively, “Defendants”) based on allegations of elder abuse. Plaintiffs allege Defendants neglected to care for Juan by leaving him unattended and allowing him to wander 1.5 miles away from his care facility to be found roughly 12 hours later. White demurs to both causes of action in Plaintiffs' complaint. White also moves to strike portions of the complaint an...

Excerpt: ...ants”) failed to timely diagnose and treat Plaintiff's maple syrup urine disease. Plaintiff demurs to the twenty-sixth affirmative defense in Defendants' second amended answer. Defendants oppose the demurrer. ANALYSIS A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. ...

Excerpt: ...tice. Institute demurs to the second through ninth causes of action in Plaintiff's complaint. Institute also moves to strike Plaintiff's claim for punitive and exemplary damages 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 ruling on a demurrer,...

Excerpt: ... (“Spoonamore”). Plaintiff seeks monetary sanctions. Defendants have not filed an opposition to the motion. ANALYSIS Pursuant to Code of Civil Procedure section 2032.610, subdivision (a), “[i]f a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under ...

Excerpt: ...rmination of good faith settlement. Defendant Navigators Real Estate, Inc. (“Navigators”) opposes the motion. Settling Defendants reply to the opposition. ANALYSIS Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tortfeasors or co-obligors was made in good faith. (Code Civ. Proc., § 877.6, subd. (a)(1).) Where the nonsettling defendants contest good faith, the moving ...

Excerpt: ...uest for Judicial Notice OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities and Request for Continuance 2. Declaration of Ellen Levin 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. Evidentiary Objections to Evidence in Support of Motion for Summary Judgment 5. Supplemental Opposi...

Excerpt: ... Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 3. Declaration of Christopher Rodriguez in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 4. Declaration of Robert Kostrenich in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 5. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication o...

Excerpt: ...g of Video Exhibit A to Declaration of Stephen Choo in Support of Motion for Summary Judgment 5. Declaration of Joseph Evangelista in Support of Motion for Summary Judgment 6. Declaration of Gina Ybarra in Support of Motion for Summary Judgment 7. Declaration of Ilka Estrada in Support of Motion for Summary Judgment 8. Declaration of Virgil Monterrosa in Support of Motion for Summary Judgment 9. Request for Judicial Notice in Support of Motion fo...

Excerpt: ...(“O'Connor”), and Andrea Deligio (“Deligio”) (collectively, “Defendants”) based on allegations of sexual battery. Plaintiff alleges that Defendant Juan Enriquez (“Enriquez”), a fellow student, inappropriately touched Plaintiff's thigh during a before-school orientation program. Defendants demur to the first through fourth causes of action in Plaintiff's complaint. Defendant also moves to strike portions of Plaintiff's complaint an...

Excerpt: ...t Defendant for Plaintiffs' failure to bring the action to trial within 5 years. Plaintiffs oppose the motion. ANALYSIS Under Code of Civil Procedure section 583.310, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action ...

Excerpt: ...”), abused Plaintiff while Plaintiff was a student in Defendant's school district. Defendant demurs to Plaintiff's entire first amended complaint (“FAC”) for failure to comply with the government claim presentation requirement, and, alternatively, to the first through fifth causes of action. Defendant also moves to strike the entire FAC, alternatively, the first through fifth causes of action in the FAC, and Plaintiff's prayer for treble da...

Excerpt: ...(“CDE”) (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when he tripped fell on property owned and controlled by Defendants. CDE demurs to the first cause of action for negligence and the second cause of action for premises liability 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.” (Le...

Excerpt: ...aintiff”) alleges he sustained injuries in a motor vehicle collision with Defendant Andrew Steven Osorio (“Osorio”). Plaintiff further alleges, at the time of the incident, Osorio was driving a vehicle owned by Defendant Rusnak Corporation (“Rusnak”). Plaintiff alleges Rusnak negligently permitted Osorio to use Rusnak's vehicle. Rusnak moves for summary judgment on Plaintiff's complaint. The motion is unopposed. LEGAL STANDARD – MOTIO...

Excerpt: ...to Plaintiffs' entire complaint. Plaintiffs have 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 revie...

Excerpt: ...position to the motion. ANALYSIS Under Code of Civil Procedure section 2034.250, “[a] party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [] The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarr...

Excerpt: ...tion of David A. Belofsky 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Declaration of Paul R. Markley; Declaration of Phillip Bernard; Declaration of John Gardiner, Ph.D. PE 2. Plaintiff's Separate Statement of Disputed Material Facts and Evidence In Opposition to Summary Judgment REPLY PAPER...

Excerpt: ...for Summary Judgment 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 4. Separate Volumes of Documentary Evidence, Volumes 1-4, in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment and/or Summary Adjudication 2. Separate Statement in Opposition to Motion for Summary Judgment 3. Evidence in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Rep...

Excerpt: ...efendants”) based on a motor vehicle collision. Defendants move to withdraw their answer and file a motion to strike Plaintiffs' claim for punitive damages. Plaintiffs oppose the motion. 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, surpri...

Excerpt: ...s to strike Plaintiff's claim and prayer for punitive damages in the complaint. Plaintiff 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, ...

Excerpt: ...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(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 ...

Excerpt: .... 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 pleading not drawn or filed in conformit...

Excerpt: ...llectively, “Plaintiffs”) allege they suffered injuries following an auto collision involving Defendant Chantelle Marie Wells (“Defendant”). Plaintiffs move the Court for orders compelling Defendant to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendant a. Propounded: June 11, 2021 b. Responded: July 13, 2021 c. Motion Filed: September 20, 2021 2. Requests for Production o...

Excerpt: ...n of Stephen Choo in Support of Motion for Summary Judgment 5. Declaration of Joseph Evangelista in Support of Motion for Summary Judgment 6. Declaration of Gina Ybarra in Support of Motion for Summary Judgment 7. Declaration of Ilka Estrada in Support of Motion for Summary Judgment 8. Declaration of Virgil Monterrosa in Support of Motion for Summary Judgment 9. Request for Judicial Notice in Support of Motion for Summary Judgment 10. Separate St...

Excerpt: ...of Motion for Summary Judgment (No. 1 of 3) 5. Evidence in Support of Motion for Summary Judgment (No. 2 of 2) 6. Notice of Non-Receipt of Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Arianna N. Herrera (“Plaintiff”) sued Defendants Helen Yang, D.O. (“Yang”) and Complete Women Care, Inc. (collectively, “Defendants”) for medical malpractice. Plaintiff alleges that Defendants failed to correctly diagnose Plaintiff and ...

Excerpt: ...��Defendant”) opposes the motion. EVIDENCE Defendant's evidentiary objections to the Declaration of Thomas M. Willford are overruled. 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...

Excerpt: ...further 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 for unfair business practices in the 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, t...

Excerpt: ...efendant opposes the demurrer. Plaintiff replies to the opposition. ANALYSIS Defendant asserts fourteen affirmative defenses in his first amended answer to Plaintiff's complaint. Plaintiff contends that the first through thirteenth affirmative defenses in Defendant's first amended answer fails to allege facts sufficient to constitute an affirmative defense and are uncertain. Plaintiff also argues that Defendant failed to timely file the first ame...

Excerpt: ...CTION “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. Golde...

Excerpt: ...f opposes Stone's motion. Stone replies to the opposition. Plaintiff has not filed an opposition to Campbell's motion. 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...[t]o 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).)...

Excerpt: ...ny evidence relating to Plaintiff's injuries and the subject vehicle collision. Defendants also seek monetary sanctions. Plaintiff has not filed an opposition to the 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)...

Excerpt: ...walk. Defendant demurs to the first cause of action in Plaintiff's complaint. Plaintiff opposes the demurrer. Defendant replies to the opposition. 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: ...and (3) Kyle B. Boone, Ph.D., who is a neuropsychologist. Plaintiff opposes the motions. Defendant replies to the opposition. ANALYSIS 1. PHYSICAL EXAMINATION 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 ...

Excerpt: .... ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ...

Excerpt: ...Alternative Summary Adjudication 3. Declaration of David A. Marchell in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Declaration of Hartyoon Hilalian in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 5. Declaration of Lisa Grnja in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 6. Separate Statement of Undisputed Material Facts in Supp...

Excerpt: ...ively, “Plaintiffs”) sued Defendants Adam Gruen and Amanda Gruen (“Amanda”) (collectively, “Gruens”) and Palisades Homeowners Association #3 (“HOA”) based on injuries Plaintiffs allege Lulu sustained after being bitten by Gruens' dog, Bandit. Plaintiffs move to enjoin Gruen from keeping Bandit within the neighborhood during the pendency of this action. Gruens oppose the motion. EVIDENCE Gruens enter the objections to the declarati...

Excerpt: ... prayer for punitive damages in the first amended complaint (“FAC”). 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 pl...

Excerpt: ... Defendants move to strike Plaintiff's claim and prayer for punitive damages in the complaint. Plaintiff opposes the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper mat...

Excerpt: ...ff was entered into in good faith. The motion is unopposed. 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 partial or comparative indemnity, based on comparative negligence or comparative fault.” (C...

Excerpt: ...to the fifth cause of action in the 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 complaint. (Code Civ. Proc., § 452.) “This rule of liberal constr...

Excerpt: ...tively, “Defendants”) based on medical malpractice. Defendants demur to the third through eighth causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's entire complaint, or alternatively 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, In...

Excerpt: .... Declaration of Simon Hwang in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of W. Christian Krankemann in Support of Opposition to Motion for Summary Judgment 3. Opposition to Defendant's Separate Statement of Undisputed Material Facts and Suppo...

Excerpt: ... Productions Inc., and Showtime Networks, Inc. (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when camera parts and/or accessories fell and struck Plaintiff on the head. Defendants move to quash service of written discovery propounded by Plaintiff upon “Named Defendants” Warner Bros. Television (“WBTV”), John Wells Productions (“Wells”), and Sterling Films (“Sterling”). Defendants also move for a...

Excerpt: ...ntest the good faith of the settlement. Ayyad opposes the motion. Amstone replies to the opposition. 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 partial or comparative indemnity, based on comparati...

Excerpt: ...e of speed. Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Demand for Production, Set 1, Propounded to Defendant  Propounded: January 25, 2021  Initial Responses: March 9, 2021  Further Responses: August 26, 2021  Motion Filed: September 3, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the First Amended Standing...

Excerpt: ...ndant's motion for summary judgment on Plaintiff's complaint. Defendant opposes the motion. Plaintiff replies to the opposition. ANALYSIS Plaintiff moves for a new trial under Code of Civil Procedure section 657, subdivisions (1) and (3) through (7) which provides as follows: The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the ap...

Excerpt: .... EVIDENCE Defendant's evidentiary objections to the Declaration of Thomas M. Willford are overruled. 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, o...

Excerpt: ...ving 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 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 jo...

Excerpt: ...t demurs to the first and second causes of action in the first amended complaint (“FAC”). 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 liber...

Excerpt: .... Defendant moves to compel a neuropsychological examination of Plaintiff by Kyle Boone, Ph.D. (“Boone”) and assisted by Enrqiue Lopez, Psy.D (“Lopez”). Plaintiff opposes the motion. 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 leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope,...

Excerpt: ... of Documentary Evidence in Support of Motion for Summary Judgment/Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication BACKGROUND Plaintiff Fred Kordlar (“Plaintiff”) sued Defendants Cedars-Sinai Medical Center (“Defendant”), Yosef Y. Nasseri, M.D., Thomas P. Sokol, M.D., and The Doctor's Choice Home Health Services, for medical malpractice. Plaintiff alleges that he under...

Excerpt: ... on a trip and fall on a section of raised sidewalk. Defendants demur to the first through third causes of action in Plaintiff's complaint. Defendants also move 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...

Excerpt: ...aurin Buresh, and Timothy Brent Buresh (“Plaintiff”) sued Defendants Palos Verdes Unified School District (“District”), Brent Kuykendall (“Kuykendall”), Francisco Aguirre (“Aguirre”), Suzanne Brown (“Brown”), Charles Lee (“Lee”), Michael Lloyd (“Lloyd”), and David Young (“Young”) (collectively, “Defendants”) based on injuries Plaintiffs allege Jackson sustained when he was hit by a teammate during football prac...

Excerpt: ...inst Defendants, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), Hartley III Floyd, also known as Floyd Hartley III (“Floyd”), Interinsurance Exchange of the Automobile Club, also known as AAA (“AAA”), for damages relating to two motor vehicle accidents. The complaint alleges the first collision occurred on July 12, 2019, and the second collision occurred on September 16, 2019. Concerning the first collision, the ...

Excerpt: ... Summary Judgment, or in the Alternative Summary Adjudication 3. Declaration of Jacquelyn J. Sugapong in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Omnibus Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjudication; Memorand...

Excerpt: ... deadlines in this matter, which is currently set for December 17, 2021, to April 25, 2022. Plaintiff Ann Olsen (“Plaintiff”) opposes the motion. Defendants reply to the opposition. 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. (...

Excerpt: ...the subpoena Defendant served on California Department of Social Services. Plaintiff seeks monetary sanctions. Defendant opposes the motion. Defendant objects to Plaintiff's motion for failure to file a separate statement in connection with the motion, as required by California Rules of Court rule 3.1345, subdivision (a). The Court finds that Plaintiff did file a separate statement in connection with the motion, and thus finds Defendant's objecti...

Excerpt: ...iser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. (“Kaiser Health Plan”) (collectively, “Defendants”) based on allegations of medical malpractice. Defendants demur to the third cause of action in Plaintiffs' first amended complaint. Defendants also demur to Plaintiffs' naming Kaiser Foundation Health Plan, Inc. as a defendant. Plaintiffs oppose the demurrer. Defendants Stephen Howard Lebowitz, M.D., Louise Yeuk Yan Yeung, ...

Excerpt: ...IS “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. Golden E...

Excerpt: ...(2) a third cause of action for false imprisonment; and (3) a claim for punitive damages. Defendant Envision WC MB Auto, LLC (“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 an...

Excerpt: ...h 2. Defendants Access Services and Global Paratransit, Inc's Notice of Motion and Motion to Strike Portions of Plaintiffs' Complaint; Memorandum of Points and Authorities; Declaration of Julian Smith 3. Notice of Continuance of Defendants Access Services and Global Paratransit, Inc's Demurrer and Motion to Strike 4. Amended Demurrer of Defendants Access Services and Global Paratransit, Inc. to the Complaint; Memorandum of Points and Authorities;...

Excerpt: ...endants”) 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 st...

Excerpt: ...ary Adjudication 4. Request for Judicial Notice in Support of Motion for Summary Adjudication 5. Declaration of Darcie A.F. Colihan in Support of Motion for Summary Adjudication 6. Notice of Lodgment in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication 2. Opposition to Separate Statement of Undisputed Material Facts 3. Evidence in Support of Opposition to Motion for Summary Adjudication REP...

Excerpt: ...r Summary Judgment 5. Declaration of Chelsea N. Trotter in Support of Motion for Summary Judgment 6. Declaration of Arthur Cox in Support of Motion for Summary Judgment 7. Declaration of Victoria Adams in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Separate Statement in Opposition to Motion for Summary Judgment; Separate Statement of Additional Mat...

Excerpt: ...omplaint. Defendant has not filed an opposition to the demurrer. Plaintiff has filed a notice of non-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 li...

Excerpt: ... vehicle collision. Plaintiff alleges that Bliss, who was an employee of CHP acting within the course and scope of her employment at the time of the incident, ran a red light and collided with Plaintiff's vehicle. CHP demurs to the first through third causes of action in Plaintiff's first amended complaint (“FAC”). Plaintiff opposes the demurrer. CHP replies to the opposition. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tes...

Excerpt: ...ries 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. Amazon is a Delaware corporation with its principal place of business in Washington. Amazon moves to dismiss the action based on inconvenient forum, contending that Washington is a superior...

Excerpt: ...Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Notice of Lodgment of Exhibits in Support of Motion for Summary Judgment 6. Request for Judicial Notice in Support of Motion for Summary Judgment 7. Notice of Lodgment of Federal Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: Plaintiff David Paul Osterhout: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Au...

Excerpt: ... Inc. (“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 other respect; and may, upon like terms...

Excerpt: ...edical Group of California, APC and Bahman Mehdizadeh, M.D. (collectively, “Defendants”) based on wrongful death. Plaintiffs allege Defendants' acts or omissions during Defendants' care and treatment of Isaac Stiny caused his death. Defendants demur to second and third causes of action in Plaintiff's first amended complaint (“FAC”). Defendants also move to strike portions of the FAC related to Plaintiffs' prayer for prejudgment interest. ...

Excerpt: ... outside the area for which the PMK has been designated. Defendant seeks monetary sanctions. Plaintiff opposes the motion and also seeks monetary sanctions. 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 decl...

Excerpt: ... and seek to enforce that waiver. Plaintiffs oppose the motion. ANALYSIS “The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate.” (Code Civ. Proc., § 631, subd. (a).) A party may nevertheless waive a jury trial in a number of ways, including, but not limited to, by written consent filed with the clerk or judge, by oral consent, in open court, entered in ...

Excerpt: ...t 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Ami Ranani, O.D. in Support of Opposition to Motion for Summary Judgment 3. Declaration of Mason Rashtian in Support of Opposition to Motion for Summary Judgment 4. Objections to Evidence Offered by Defendants 5. Plaintiff's Response t...

Excerpt: ...s, Artur Solis, or Michael Shiolot have filed an opposition to the motion. ANALYSIS Per the Code of Civil Procedure, “[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 anythi...

Excerpt: ...nocked over by an unknown individual. Defendant Los Angeles Rams, LLC (“Defendant”) 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: November 30, 2020[1] b. Responded: February 8, 2021 c. Motion Filed: March 26, 2021 2. Requests for Production of Documents, Set 2, Propounded to Plaintiff a. Propounded: Nov...

Excerpt: ...f opposes the motion. ANALYSIS 1. STANDARD - MOTION FOR JUDGMENT ON THE PLEADINGS 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., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judic...

Excerpt: ... injuries Fausto alleges he sustained when he fell from scaffolding while performing plastering work at Arizaga's home. Grande filed a cross-complaint against Fausto and Arizaga for claims of fraud and indemnity. Fausto demurs to first and second causes of action in Grande's cross-complaint. Fausto also moves to strike portions of the cross- complaint. Grande opposes the motion and demurrer. Fausto replies to the opposition. ANALYSIS 1. DEMURRER ...

Excerpt: ...d an opposition to the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in ...

Excerpt: ...isputed 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 the alternative Summary Adjudicat...

Excerpt: ...cause of action for negligence and the second cause of action for premises liability 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.) “T...

Excerpt: ... explosion and fire in an electrical vault owned and controlled by Defendant. Defendant moves to strike paragraphs 10-17 of Plaintiff's 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 t...

Excerpt: ...atter. Defendant Shelley, LP 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 respe...

Excerpt: ...�Singh”) from testifying at trial. Plaintiff opposes the motion. ANALYSIS Under Code of Civil Procedure section 2034.280, “[w]ithin 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the pa...

Excerpt: ... 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 2. Declaration of Kenneth Provost in Opposition to Defendant's Motion for Summary Judgment 3. Plaintiff's Response and Objections to Defendant's Separate Statement of Undisputed Material Facts and Supporting Evidence REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion...

Excerpt: ...lcohol and Drug Abuse, and Tacos Baja, Inc. (“Baja”) (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained in a physical altercation with Dandy. Baja demurs to the third and fourth causes of action in Plaintiff's complaint as alleged against Baja. 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, In...

Excerpt: ...n the Alternative Summary Adjudication of Issues 3. Declaration of Christopher Rodriguez in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 4. Declaration of Robert Kostrenich in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 5. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 6. Separate Statement of ...

Excerpt: ... the fourth cause of action against Carter in Plaintiff's complaint. Plaintiff has not filed an opposition to the demurrer. Carter has filed a notice of non-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 ...

Excerpt: ...d Cross-Complainant Pawesome, LLC d/b/a Fetch! Pet Care, Inc. (“Pawesome”) moves to contest the good faith of the settlement. Goeckner opposes the motion. Pawesome replies to Goeckner's opposition. In its July 21, 2021 Minute Order, the Court continued the hearing on the motion to September 22, 2021, to permit Pawesome time to conduct limited discovery into two discrete issues: (1) Plaintiff's knowledge of Goeckner's potential proportionate l...

Excerpt: ...��City”) and County of Los Angeles Department of Medical Examiner-Coroner (collectively, “Defendants”) with prejudice. ANALYSIS First, Code of Civil Procedure section 1005 requires “written notice” of a motion including the date, time and location of the hearing on a motion. Equally important, a moving party's failure to serve the notice of motion and moving papers on a non-moving party violates the basic principles of procedural due pr...

Excerpt: ...auses 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 complaint. (Code Civ. Proc., § 452.) “This rule of liberal constructio...

Excerpt: ...endant Southern California Conference of Seventh-Day Adventist dba Olympic Korean Seventh-Day Adventist Church and driven by Defendant Kibae Kim before crossing the street and being struck by a vehicle driven by Defendant Macario Francisco Oxlas Hernandez and Owned by Defendant Juan Oxlas. Defendants have not filed an opposition to the motion. ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 7...