Excerpt: ...ants) based on injuries Plaintiff alleges she sustained as a result of her father, Decedent, being killed in an incident where a car collided with a security guard kiosk while Decedent was inside. Plaintiff moves to quash the subpoena issued by Defendant Century Housing Corporation to Nancy Y. Piper, MFTI (Piper). Defendants oppose the motion. Plaintiff replies. ANALYSIS 1. MOTION TO QUASH If a subpoena requires the production of documents, the c...

Excerpt: ...nded the Super Bowl, and an attendee allegedly fell on top of her from several rows of seats above where Plaintiff was seated. Plaintiff moves to quash the deposition subpoena Defendant Hollywood Park Management Company, LLC, served on the State Bar of California. The subpoena seeks all of Plaintiff's employment records, including but not limited to employment applications, personnel files, job descriptions and assignments, performance evaluation...

Excerpt: ... first cause of action asserted in the Plaintiff's First Amended Complaint (FAC). Plaintiff opposes the demurer. Defendant replies. ANALYSIS 1. DEMRURRER “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: ...g killed in an incident where a car collided with a security guard kiosk while Decedent was inside. Plaintiff moves to quash the subpoena issued by Defendant Century Housing Corporation to Fox Rental Car (Fox). 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...

Excerpt: ...urrent employer, United Postal Service (UPS). Defendants have not filed an opposition to 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, including reasonable attorney's fees,...

Excerpt: ...ernative Summary Adjudication 3. Declaration of Sarah G. Odegaard in Support of Motion for Summary Judgment, or in the alternative Summary Adjudication 4. Appendix of Evidence in Support of Motion for Summary Judgment, or in the alternative Summary Adjudication 5. Declaration of Jonathan Grubb in Support of Motion for Summary Judgment, or in the alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment, or i...

Excerpt: ...(NGPIC) and Blue Shield of California (Blue Shield). Plaintiff requests monetary sanctions in connection with the motion. Defendant opposes the motion. Plaintiff replies. 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 i...

Excerpt: ...tion for Summary Judgment 4. Declaration of Barbara A. Keough in Support of Motion for Summary Judgment 5. Declaration of Elizabeth Amezquita, owner of 323 Auto Collision Center, in Support of Motion for Summary Judgment 6. Compendium of Exhibits in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Objections to Separate Statement of Undisputed Material ...

Excerpt: ...-trailer collision. Plaintiffs move the Court for an order granting leave to file a first amended complaint. Plaintiffs assert new facts have come to light supporting the addition of the following Doe Defendants as well as factual allegations to support claims against those defendants: (1) Beltar, Inc., a California corporation, and dba A&G Fleet Inspections and/or A&G Compliance Solutions, Inc. (Doe 1); (2) Jorge Beltran dba A&G Fleet Inspection...

Excerpt: ...eronica Garza and Roberto Garza (collectively, Defendants) with prejudice. Defendants oppose the motion. Plaintiff replies. 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 d...

Excerpt: .... 22TRCV01314) for all purposes. In the alternative, Defendant seeks leave from the Court to file a cross-complaint against Whiting-Turner Contracting Company (Whiting). The motion is unopposed. Plaintiff Toni Marsden (Plaintiff) has filed a reply to the instant motion stating she is agreeable to consolidation only if the current trial date will remain or trial continuance will be minimal. ANALYSIS 1. Consolidation Per Local Rule 3.3, subdivision...

Excerpt: ... to require an adverse party to submit to a mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a).) 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, subd. (b).) The court may grant the motion and order the adverse part...

Excerpt: ...n 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 judicial notice.” (Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1013.) In ruling on...

Excerpt: ... motion. ANALYSIS Per Code of Civil Procedure section 86, a limited civil case is a case in which the demand, exclusive of interest, amounts to $25,000 or less. (Code Civ. Proc., § 86, subd. (a)(1).) The court must order reclassification of a case from unlimited to limited “when . . . it becomes clear that the matter will ‘necessarily' result in a verdict” under $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257, 262.) In determining ...

Excerpt: ...r LA Healthcare System – Sepulveda (Medical); (3) Los Robles Regional Medical Center; (4) Kaiser Permanente Billing Services/Collections Department (Billing); (5) S.C.P.M.G.-Anaheim (X-Rays); (6) VA Greater LA Healthcare System – Sepulveda c/o Office of Regional Counsel (Billing); (7) VA Greater LA Healthcare System – Sepulveda (X-Rays); and (8) Los Robles Regional Medical Center (X-Rays) (collectively, Deponents). Defendant filed and serve...

Excerpt: ...Angeles, a public entity, and Keegan James Lynn (collectively, Defendants), without prejudice. Defendants have not filed an opposition to 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, surprise, or excusable neglect.” In additio...

Excerpt: ...ively, Defendants) to produce the report of Plaintiff's defense medical examination report by Tony Strickland, M.D. (Strickland). Plaintiff seeks monetary sanctions. Defendants oppose the motion. Plaintiff replies. 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 ...

Excerpt: ...iff's husband. Plaintiff opposes the motion. Defendant replies. 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 the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurren...

Excerpt: ...aribel Munoz, M.D., as Plaintiff's treating physician, from testifying at trial. Defendant opposes the motion. Plaintiff replies. 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 e...

Excerpt: ...in the complaint, as well as count two of Plaintiff's second cause of action for premises liability. 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 irrel...

Excerpt: ...with the Court's order of January 7, 2022. Plaintiff opposes the motion, and in the alternative requests monetary sanctions against Defendants. Defendants reply. ANALYSIS Code of Civil procedure section 473 “includes a discretionary provision, which applies 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...

Excerpt: ...was entered into in good faith. The motion is unopposed. ANALYSIS 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 equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc., § 87...

Excerpt: ...oving Defendant also moves to strike Plaintiff's claim for punitive damages and related portions of the Complaint. Plaintiff has not filed oppositions to 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 “liberally construe[]” the allegations o...

Excerpt: ...s Complaint. Defendant also moves to strike Plaintiff's claim and prayer for punitive damages. Plaintiff opposes the motion and demurrer. Defendant replies. 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...

Excerpt: ...based on a vehicular collision. Defendants Christopher M. Smith and Klein's Gourmet Group, LLC (collectively, Cross-complainants) filed a cross-complaint against Plaintiffs for apportionment of negligence and partial indemnity. Plaintiffs move for a common law motion for judgment on the pleadings of the cross-complaint. Cross-Complainants oppose the motion. Plaintiffs reply. PROCEDURAL DEFICIENCIES Cross-Complainants argue Plaintiffs' motion shou...

Excerpt: .... Defendant has not filed a motion in opposition ANALYSIS Pursuant to Civil Code section 3295, subdivision (c), upon court order, a plaintiff may conduct discovery into defendant's financial condition in order to support the claim for punitive damages if the plaintiff can establish that “there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294.” In making its determination, the court must weigh ...

Excerpt: ...y, and Myles Wayne Perkins (collectively, Defendants) move for leave to compel the subsequent deposition of Plaintiff Jennifer Olden (Plaintiff). Additionally, Defendants move to compel Plaintiff to submit to a second independent medical examination, with Dr. Russel Nelson (Dr. Nelson), a board-certified orthopedic surgeon, specializing in spine, upper, and lower extremities. Plaintiff opposes the motions. Preliminarily the Court notes Plaintiff ...

Excerpt: ...efendant Gilberto Rodriguez Santos (Defendant) based on an auto versus pedestrian collision resulting in Decedent John Anagnos' (Decedent) death. Defendant moves to strike Plaintiffs' claim for punitive damages. Plaintiffs oppose the motion. Defendant 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., § 435, subd. (b)(1); C...

Excerpt: ...Dongin Jung, Jung Sik Jung and Insoon Jung, both individually and as Beneficiaries and Successors-in-Interest to The Estate of Jonathan Dongin Jung (collectively, Plaintiffs) sued Defendants The Bicycle Casino, Inc., dba “The Bicycle Hotel & Casino”, and Parkwest Bicycle Casino, LLC, based on the death of Decedent Jonathan Dongin Jung (Decedent) during his apprehension by casino security officers. On July 29, 2022, Plaintiffs filed a First Am...

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

Excerpt: ...nt Babytrend) opposes the motion. Settling Defendant replies. Preliminarily, Settling Defendant contends that Defendant Babytrend's opposition is untimely. Per Code of Civil Procedure section 1005, all papers opposing a motion shall be filed with the Court and a copy served on each party at least nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) Based on the hearing date of December 7, 2022, Defendant Babytrend was requir...

Excerpt: ...re to provide safe flooring at the subject premises. Defendants demur to the first cause of action (Negligence) asserted in the Plaintiff's Complaint. Defendants also move to strike portions of the Complaint as irrelevant. Plaintiff has not filed an opposition either to the demurrer or the 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...

Excerpt: ...tan Transportation Authority (collectively, Defendants), based on injuries Plaintiffs allege they sustained due to Defendants alleged carelessness. Defendant, The People of the State of California, acting by and through the Department of Transportation (Demurring Defendant), demurs to the first cause of action for Motor Vehicle Negligence and the second cause of action for General Negligence. Plaintiffs have not filed an opposition to the demurre...

Excerpt: ...dant”) moves the Court for an order compelling Plaintiff to provide further responses to the following discovery request:  Special Interrogatories, Set 2, Propounded to Plaintiff a. Propounded: September 12, 2022 b. Responded: October 13, 2022 c. Motion Filed: October 28, 2022 Plaintiff has not filed an opposition to the motion. PROCEDURAL REQUIREMENT ‐ INFORMAL DISCOVERY CONFERENCE Per the Eighth Amended Standing Order for Procedures in t...

Excerpt: ...tice in Support of Motion for Summary Judgment 5. Declaration of Edward W. Lukas in Support of Motion for Summary Judgment 6. Declaration of Joseph K.W. Hsu, M.D. in Support of Motion for Summary Judgment 7. Compendium of Evidence in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Separate Statement of Undisputed and Disputed Material Facts in Opposition to Motion for Summary Judgment 3. R...

Excerpt: ...to Plaintiff's first and second causes of action in the second amended complaint (“SAC”) on the grounds of uncertainty and insufficient facts. Demurring Defendant also moves to strike the following from Plaintiff's SAC: (1) Plaintiff's prayer for punitive damages, (2) citations and references to New Mexico Case Law and Statutory Authority, (3) references to agency, employment, or joint venture against Demurring Defendant, (4) prayer for civil...

Excerpt: ...onally, Defendant moves to strike from the Complaint the language as follows: “Premises Liability, Prem.L-3. Count Two – Willful Failure to Warn [Civil Code § 846]”. (Complaint, p. 4.). Plaintiff opposes the demurrer and motion to strike. Defendant replies. 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....

Excerpt: ...r California Penal Code §192(b) — Involuntary Manslaughter. On June 17, 2022, Plaintiffs The Estate of Warren Sacks, Leah Sacks and Hannah Gold (collectively, Plaintiffs) filed a Complaint for Wrongful Death and Survival Action against Defendant asserting one cause of action for General Negligence. The criminal case against Defendant arising out of the incident, Case No. LA096956, is pending. Defendant requests an order staying the proceedings...

Excerpt: ... alternative Summary Adjudication 3. Declaration of Jennifer C. Terry 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 5. Compendium of Exhibits in support of Motion for Summary Judgment or in the alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for S...

Excerpt: ...ses the motion. Defendants reply. Plaintiff objects to Defendants' motion as untimely per Code of Civil Procedure sections 1005, subdivision (b), and 1010.6, subdivision (4)(B). The Court notes Defendants served the notice of motion on October 26, 2022, seventeen court-days before the hearing; instead, Defendants were required to serve the motion no later than October 25, 2022, eighteen court-days before the hearing. But the Court notes that desp...

Excerpt: ...for determination of good faith settlement. Defendant and Cross-Defendant Garfield Beach CVS, LLC (CVS) moves to contest the good faith of the settlement. STRS opposes the motion. Plaintiff joins in opposition with exceptions. CVS replies to STRS's opposition. ANALYSIS A. THE LAW GOVERNING 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 ...

Excerpt: ... Defendant replies. Defendant objects to Plaintiff's opposition as untimely per Code of Civil Procedure section 1005, subdivision (b). The Court notes Plaintiff filed his opposition on November 8, 2022, eight court-days before the hearing. The Court further notes that despite the procedural deficiency, Defendant nevertheless filed a timely reply to the opposition fully addressing the merits. The Court therefore finds Defendant will not be prejudi...

Excerpt: ...r a period of time” and he “fell off the rain soaked monkey bars on the playground at El Dorado Elementary School, causing him to fall and sustain serious damage and injuries to his right arm, requiring extensive medical treatment.” Plaintiff moves the Court for an order compelling Defendant Los Angeles Unified School District (“Defendant”) to provide further responses to the following discovery request: Request for Production of Docume...

Excerpt: ... is currently set for December 13, 2022, to February 7, 2023, along with expert-related discovery deadlines. Defendant opposes the motion. Plaintiffs reply. 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....

Excerpt: ...OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Separate Statement in Opposition 3. Compendium of Exhibits 4. Declaration of Dmitriy Karpov, Esq. 5. Notice of Errata REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Objections to Plaintiff's Evidence 3. Proposed Order on Defendant's Objections BACKGROUND On May 3, 2018, Plaintiff Israel Marines (“Plaintiff”) filed his Complaint against Defendants Jerry Voo...

Excerpt: ...SIS A party who waives objections to discovery requests by failing to timely respond may seek relief from the waiver on a noticed motion. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) The party seeking relief from the waiver must serve responses to the discovery requests “in substantial compliance” with that party's duty to respond before filing the motion. (Code Civ. Proc., §§ 2030.290, subd. (a)(1), 2031.300, subd. (a)...

Excerpt: ...4, 2022. The subpoena seeks, from July 16, 2009 to present: Any and all insurance claims, insurance policies, declaration pages, files, reports, medical records, explanation of benefits (EOBs), settlement documents, repair estimates, property damage reports, witness statements, police department photos, police reports, color photographs, itemized statements of the billing charges, including but not limited to payment history, billing records to s...

Excerpt: ...tion after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On April 7, 2022, Defendant served the notice to take the deposition of Plaintiff. Plaintiff's deposition was noticed for June 14, 2022. (Figgins Decl., ¶ 4, Exh. A.) On June 10, ...

Excerpt: ...terial Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Gabriel L. Schaller 2. Objections to Evidence Submitted in Support of Motion for Summary Judgment 3. Declaration of Brad Avrit, P.E. in Support of Opposition to Motion for Summary Judgment 4. Notice of Errata re Declaration of Brad Avrit, P.E., in Support of Opposition to Moti...

Excerpt: ...S “[D]ue process requires notice to defendants, whether they default by inaction or by wilful obstruction, of the potential consequences of a refusal to pursue their defense. Such notice enables a defendant to exercise his right to choose—at any point before trial, even after discovery has begun— between (1) giving up his right to defend in exchange for the certainty that he cannot be held liable for more than a known amount, and (2) exerci...