Excerpt: ...ommenced this action against Defendant Javier Jose Estrada and his alleged employers, Defendants FedEx Ground Package System, Inc.; Bonanno Investment Enterprises, Inc.; and Noel Zara (“Employer Defendants”), due to a car accident involving the deceased, Ernesto Salazar Rodriguez, whom Plaintiffs represent, and Defendant Estrada that occurred on December 11, 2019. Plaintiffs' First Amended complaint, filed on August 19, 2021, states causes of...

Excerpt: ...he period. The motion for pretrial discovery of defendant's financial condition is granted. Moving party to give notice and to file proof of service of such notice within five days of the date of this order. The Court wishes to speak to the parties at the hearing about the current location of the defendant. MOTION FOR A TRIAL PREFERENCE Background On January 14, 2019, Defendant Kevin Lamar McCall, Jr. punched Plaintiff K.M., whom he was dating, i...

Excerpt: ...mber 19, 2018, Plaintiff John Robert Sheridan (“Plaintiff”) filed a complaint against Defendants Asish Engineer, Does 1 through 25, Doe Corporation, and Roe Partnership. On December 9, 2019, Robert Wayne Hay (Doe Defendant 2) filed a cross-complaint against Defendants Ashish Engineer, Aristeo Pineda Vargas (Doe Defendant one in the original action), and Roes 1 to 100 for indemnity, contribution, and declaratory relief. On January 29, 2020, Va...

Excerpt: ...laintiff's Demurrer to Defendant's Twelfth, Fourteenth, and Fifteenth Affirmative Defenses is OVERRULED. Defendant is ordered to file an amended answer, if any, within 20 days of the date of this order. Moving party to provide notice and to file proof of service of such notice within five days of the date of this order. Background This action arises out of a vehicle accident which occurred on April 17, 2019. Emily Kwong (“Plaintiff”) was driv...

Excerpt: ...intiff with the following information covering a three-year period of time: numerical estimate of defense- and plaintiff-related medical-legal work, including exams, reports and deposition and court testimony, and a numerical estimate of the amount of income generated from said defense- and plaintiff-related litigation. Dr. Yuan is ordered to participate in a deposition within the next 20 days. Moving party is to provide notice and file proof of ...

Excerpt: ... motion to strike portions of Plaintiff's First Amended Complaint. Specifically, Defendant seeks to strike all facts and language supporting Plaintiff's claim for punitive damages. Legal Standard: Motion to Strike Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) The court...

Excerpt: ...to set dates within the required period. Moving party is ordered to give notice. Background On October 26, 2020, Plaintiffs Irene Spitovsky and Nelya Krasnyansky, filed a complaint against Defendants Allison Bickford-Rothenberg, Tyler Rothenberg, and Does 1 to 25 alleging injuries and damages sustained in a motor vehicle collision on November 5, 2018. On April 27, 2021, Plaintiff Nelya Krasnyansky filed the pending motion for trial preference. Tr...

Excerpt: ...ovides: “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 terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be ...

Excerpt: ...Complaint is overruled. Defendant Berkshire Communities, LLC is ordered to give notice. Background On June 9, 2021, Plaintiff Henry Lopez filed a complaint against Defendants: One Santa Fe PMC, LLC; McGregor Brown Company, Inc.; Polis Builders, LTD.; Hileman Cowley Partners, LLC; Canyon Capital Advisors, LLC; Berkshire Communities, LLC; Bernard Builders, Inc.; and Does 1 to 100. Plaintiff alleges negligence and premises liability arising from a f...

Excerpt: ...r. Moving party to give notice. Background On December 2, 2020, Plaintiffs James Capps and Tammie Lefebre, filed a complaint against Defendants Salvador Munoz and Does 1 to 50 alleging injuries and damages from a motor vehicle collision on December 3, 2018. On February 10, 2021, Defendant electronically served on Plaintiff Tammie Lefebre (“Plaintiff”) Special Interrogatories, Set One, Form Interrogatories, Set One, and Request for Production ...

Excerpt: ...o this amended subpoena request within 15 days of the date of this order. Moving party is ordered to give notice. Background On October 25, 2019, Plaintiff E.E., a minor by and through her Guardian Ad Litem, M.E., filed a complaint against Defendants Los Angeles Unified School District, Mr. Lopez, and Does 1 through 30, alleging sexual abuse of a minor, negligence (Gov. Code § 815.2 and 820), and breach of mandatory duty (Gov. Code § 815.6.) Th...

Excerpt: ...l Insurance Company for uncompensated injuries and damages. The parties are in arbitration. On November 23, 2020, Petitioner Geico filed a special petition to compel discovery responses and to impose monetary sanctions. On July 13, 2021, the Court granted Petitioner's request to compel Respondent to respond to Respondent Form Interrogatories (set one), Special Interrogatories (set one), and Requests for Production (set one). Respondent was ordere...

Excerpt: ...of of service of said notice within five days of the date of this order. Background This case commenced on January 12, 2021 arising out of a vehicular collision that took place on February 25, 2020. Complaint, p. 3, ¶13. On this date, Plaintiff alleges that the Defendant, Isidro Manual Hurtado was driving and operating a vehicle under the influence of a substance with the permission, consent, and knowledge of Defendant Altamed Health Services Co...

Excerpt: ...iac Center to undergo a stress test. The stress test involved walking on a treadmill, and was supervised by Henry C. Yee, M.D. While Plaintiff was walking on the treadmill, the treadmill speed was increased to a speed too high for Plaintiff to handle. As a result, Plaintiff stumbled and fell. On October 8, 2020, Plaintiff initiated the instant action against Long Life Cardiac Center, Inc., Henry C. Yee, M.D., and Does 1 through 20 (“Defendants�...

Excerpt: ...ompelling Plaintiff's Deposition is granted. Plaintiff is ordered present for a deposition within 20 days of the date of this order. Plaintiff's motion for a protective order is denied. All requests for sanctions are denied. Defendants to provide notice with respect to all three motions. MOTION FOR LEAVE TO COMPEL A SECOND INDEPENDENT PHYSICAL EXAMINATION OF PLAINTIFF Background On March 18, 2020, Plaintiff Angela Estrada Ibarra (“Plaintiff”)...

Excerpt: ...ty arising from a slip-and-fall that occurred in Defendants' store on November 22, 2017. On August 27, 2021, Defendant Vallarta Food Enterprises, Inc. (“Defendant”) filed this instant motion. On November 3, 2021, Plaintiff filed an Opposition. Defendant has not filed a Reply. Trial is set for December 20, 2022. Legal Standard A motion for summary judgment allows courts to cut “through the parties' pleadings in order to determine whether, de...

Excerpt: ...ndant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction over him or her. (Code Civ. Pro. § 418.10(a)(1).) “The original service of process, which confers jurisdiction, must conform to the statutory requirements or all that follows is void.” (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 809.) “[T]he filing of a proof of service creates a rebuttable presumption that service was pro...

Excerpt: ...u Kim-Brillouet (“Defendant”). Plaintiff attempted substitute service on Defendant by serving Shervin Farvili at Defendant's alleged business located at 18535 Arminta Street in Reseda, California. On September 1, 2021, Defendant filed a motion to quash service of summons. Defendant seeks a court order quashing the service of summons on grounds that the summons was not properly served in accordance with any of the statutorily authorized method...

Excerpt: ...otion is denied. Moving party is ordered to provide notice and to file proof of service of said notice with the court within five days of the date of this order. Plaintiff's request for monetary sanctions in the amount of $522.50 against Defendant Sofia Narvaiz is provisionally granted depending on the outcome of the motion as outlined above. Background This case arises from a motor vehicle accident alleged to have occurred on March 19, 2018. Pla...

Excerpt: ...ithin 30 days of the date of this order. The Hearing on Motion for Summary Judgment scheduled for 11/16/2021 is continued to February 24, 2022 at 1:30 p.m. in Department 30 at Spring Street Courthouse. Defendant Vallarta Food Enterprises, Inc. is ordered to give notice. Background On September 13, 2019, Plaintiff Mayra J. Rosas Muro (“Plaintiff”) filed a complaint against Defendants Vallarta Food Enterprises, Inc., Vallarta Supermarkets Shopp...

Excerpt: ...s the case and/or issue an Order to Show Cause Re: Imposition of Sanctions. Moving party is ordered to provide notice. Background On August 1, 2019, Plaintiff Antonio Marcial filed a complaint, through his guardian ad litem, Raquel Coriel, against Defendant Compton Unified School District alleging negligence and premises liability relating to an incident where Plaintiff sustained injuries falling off a playground slide on January 18, 2019. On Oct...

Excerpt: ...h the death of their daughter Jennifer Goldsbury in a fatal multi-vehicle crash involving a drunk driver. Defendant Glendale Community College District (“the District”) filed a Demurrer (without a motion to strike) against Plaintiffs' original complaint. On August 20, 2021, the Court sustained the demurrer with leave to amend. The August 20, 2021 decision of the Court is incorporated herein by reference. The Court found that the count of negl...

Excerpt: ...Plaintiff Hernandez is ORDERED to provide verified responses, without objections, within 15 days of the date of this order. Moving party is to give notice and to file proof of such notice within five days of the date of this order. Background On April 20, 2021, Plaintiff Robert Hernandez filed a complaint against Defendants SBH Real Estate Group, Inc., National Construction Rentals, Inc., and Does 1 through 50, alleging premises liability and neg...

Excerpt: ...netary sanctions is GRANTED against Plaintiff and her counsel jointly and severally in the amount of $4.091.55. The money must be paid within 20 days of the date of this order. Moving party to provide notice and to file such notice with the court within 5 days of the date of this order. Background On January 13, 2021, Plaintiff Stevona Campbell filed a complaint against Defendants Jenna Kay Foertsch (“Defendant”) and Does 1 through 50, allegi...

Excerpt: ...e proof of service within 5 days of this order being issued. Background This is a motor vehicle negligence action. On June 11, 2021, Plaintiff Sonya Howard (“Plaintiff”) filed a complaint against Defendant Yoo Yunduk for motor vehicle negligence. On August 19, 2021, Defendant Yunduk Yoo (erroneously sued as Yoo Yunduk) (“Defendant”) filed a demurrer to complaint and motion to strike. Defendant filed an amended demurrer and motion to strik...

Excerpt: ...te of this order. Defendant to provide notice and to file proof of service of such notice within 5 days of the date of this order. Legal Standard Production of Documents California Code of Civil Procedure Section 2031.260 (a) provides that within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original of the response to it on the party making the demand, an...

Excerpt: ...door mall managed by Defendant Stoltz. Plaintiff Swanson asserts two causes of action: negligence and premises liability. Objections/Judicial Notice The court takes judicial notice of the items requested. Plaintiff's objections are overruled. Legal Standard: Summary Judgment The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their alleg...

Excerpt: ...e: David Shamsa, Iraj Shamsa, the Shamsa Family Revocable Living Trust, ABM Industry Groups, LLC [erroneously sued as ABM Industries Incorporated], and DOES 1 through 50. Defendant ABM allegedly was acting as landlord and building manager at the time of the attack. Plaintiff's a complaint asserts five causes of action against the defendants. Against Defendant Davis and the Does Plaintiff alleges (1) battery. Against Defendants David Shamsa, Iraj ...

Excerpt: ...ff Emmanuel Luna (“Plaintiff”), filed a complaint against Defendants Nichole Jessica Jones and Luke Marquardt alleging negligence in a motor vehicle collision on October 6, 2017. Though the accident occurred in San Bernadino County and Defendants reside in San Bernadino County and resided there at the time of the accident, the Complaint states Los Angeles County as the location of the accident. Plaintiff filed this action in Los Angeles Super...

Excerpt: .... Requirements  Must contain a declaration that the parties or their attorneys have conferred and attempted to resolve these issues informally. (CCP § 2031.310(b)(2).) Requirement met.  Must include a separate statement listing each inspection demand to which a further response is requested, the response given, and the factual and legal reasons for compelling it. Nothing may be incorporated by reference. (Cal Rules of Ct. 3.1345(a)(3), (c)...

Excerpt: ... Plaintiffs Salvador Lopez and Richard Ponce, filed a complaint against Defendants Doublz Restaurants, LLC and Kevin Peter Shultz alleging negligence in a motor vehicle collision that occurred on April 21, 2020. On September 8, 2021, Reonna Green, counsel for Plaintiffs Salvador Lopez and Richard Ponce, filed this motion to be relieved as counsel for Plaintiff Richard Ponce. Trial is set for February 18, 2022, and the final status conference is s...

Excerpt: ...endant Gonzalez DECISION: Plaintiff Los Angeles County's Motions to Compel Answers to Form Interrogatories and a Response to a Request for Production of Documents with respect to Defendant GONZALEZ are GRANTED. Plaintiff Los Angeles County's requests for sanctions in the amount of $600 are also GRANTED. Defendant GONZALEZ is ORDERED to respond to these discovery requests with 20 days of the date of this order. The responses must be verified and w...

Excerpt: ...ors on a contract without releasing the others. Provided it is made in “good faith,” the settlement discharges the settling defendant from liability to the other defendants for equitable contribution or comparative indemnity but not for contractual indemnity. (Code Civ. Proc., § 877(a)–(b).) As stated by the California Supreme Court, the good faith provisions of the California Code of Civil Procedure have two goals: promoting settlement an...

Excerpt: ...iness records. (Code of Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (Code of Civ. Proc., § 2020.020.) When a plaintiff puts her health and physical...

Excerpt: ...Code section 3932 (50 U.S.C.A. § 3932) (Defendant Escobar misidentifies relevant portions of the Servicemembers Civil Relief Act as 50 U.S.C.A. §§ 501-596.) Trial is set for April 11, 2023. Summary Defendant Escobar asks the Court to stay the action until or after September 11, 2023. Moving Arguments First, Defendant Escobar argues the Servicemembers Civil Relief Act, which he identifies as 50 U.S.C.A. §§501-596 (instead of the current desig...

Excerpt: ...o, and Does 1-100. Plaintiffs allege dangerous conditions of public property and negligence causing a vehicular collision on October 22, 2019. After the car accident, Plaintiff A. Rangel, a 16-year-old at the time, sought treatment from a therapist, Tara A. Hernandez, LMFT, allegedly to address emotional distress this plaintiff suffered as a result of the car accident. Defendant City served a subpoena on Ms. Hernandez, Plaintiff A. Rangel's thera...

Excerpt: ...including privilege and work product.¿¿(Code Civ. Proc., § 2031.300(a).)¿¿Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded.¿There is no deadline for a motion to compel responses.¿Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. A motion to compel production must set f...

Excerpt: ...two or more parties are joint¿tortfeasors¿or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff¿. . . and one or more alleged¿tortfeasors¿or co- obligors¿. . . .”¿¿“A determination by the court that the settlement was made in good faith shall bar any other joint¿tortfeasor¿or co-obligor from any further claims against the settling¿tortfeasor¿or...

Excerpt: ... and through her Guardian Ad Litem, Kimberly Arnold (collectively “Plaintiffs”) filed a complaint against Defendants Ford Motor Company (“Ford”); Doe Dealership; County of Los Angeles; County of Los Angeles Department of Public Works; and State of California for (1) dangerous condition of public property, (2) products negligence, (3) strict products liability, (4) breach of express warranty, (5) breach of implied warranty, and (6) survivo...

Excerpt: ...r indemnity, later adding Sodexo, Inc. as Roe 1. USC filed discovery motions which the Court granted on May 11, 2021. The Court ordered Plaintiff to provide written responses to three discovery sets within 20 days. The Court ordered the matters in USC's Requests for Admissions, Set One deemed admitted. The Court also imposed a sanction of $525 jointly and severally on Plaintiff and her counsel. USC has filed a motion for terminating sanctions on ...

Excerpt: ... strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) Conclusory allegations are subject to motions to strike. (Covenant ...

Excerpt: ...iv. Pro. § 2031.010(c).) Under Code of Civil Procedure section 2031.310, a propounding party may move for an order compelling further responses to its demand for inspection if the propounding party deems that a statement of compliance with the demand is incomplete; a representation of the inability to comply is inadequate, evasive, or incomplete; or an objection in the response is too general or meritless. (Code Civ. Pro. § 2031.310(a).) Such a...

Excerpt: ...ecordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows: 1. For use in a criminal action or proceeding in this state that relates to the death of that person. 2. As a court of this state permits, by order after good cause has been shown and after written notification of t...

Excerpt: ... Plaintiff's vehicle at a high rate of speed. (Complaint ¶6.) Further, Plaintiff alleges that Defendant was “under the influence of an unknown alcoholic beverage” and that Defendant “fled the scene.” (Complaint ¶¶9, 11.) Plaintiff's prayer for relief includes punitive damages for Defendant's alleged “reprehensible, despicable, vile and in conscious disregard for the rights and safety of Plaintiff” by allegedly driving under the inf...

Excerpt: ...gs alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against him. (Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.) A “demurrer does not, however, admit contentions, ded...

Excerpt: ...oduce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (b) A motion under subdivision (a) shall comply with both of the following: (1) The ...

Excerpt: ...oduce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (b) A motion under subdivision (a) shall comply with both of the following: (1) The ...

Excerpt: ...mmary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a motion for summary judgment, the initial burden is always on the moving party to m...

Excerpt: ...Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)...

Excerpt: ... SCT proposes under Government Code sections 815.2, 820.2, 818.2, and 821.5, and their relation to SCT's decisions with respect to the preparation and implementation of safety protocols related to COVID-19. SCT shall file and serve its supplemental briefing on or before September 30, 2021. Plaintiff may file a supplemental opposition on or before October 8, 2021, and SCT may file a supplemental reply on or before October 15, 2021. Any supplementa...

Excerpt: ...021 that these items have now been provided, the OSC will not be issued. Moving party is ORDERED to provide notice. Legal Standard Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose terminating sanctions by “an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process” and “an order rendering a judgment by default against that party.” (CCP § 2023.030...

Excerpt: ...n after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person...

Excerpt: ...ada Kindred Healthcare Operating, Inc. (“Defendants”) and Does 1-75 for the following causes of action: (1) elder abuse and neglect; (2) willful misconduct; (3) wrongful death; and (4) violation of patient's rights. On April 22, 2021, Plaintiffs voluntarily dismissed their fourth cause of action. On September 21, 2021, Defendants filed the instant petition to compel arbitration and motion for stay. On October 1, 2021, Plaintiffs filed their o...

Excerpt: ...e of the safety hazard he created by driving while intoxicated. Plaintiffs allege Defendant Gustavo Perez's is guilty of malice as define in Civil Code section 3294. On September 9, 2021, Defendant moved to strike portions of the complaint. On September 30, 2021, Plaintiff opposed Defendant's motion. Legal Standard Motion to Strike Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whol...

Excerpt: ...d Power entered into a subcontract (Contract) with Defendant Solar Vast to install solar panels, inverters, racking and electrical balance systems, and monitors at Plaintiff's Property. (Motion p. 4.) On September 18, 2017, Defendant High End Power completed its work and passed inspection. (Motion p. 4.) On March 13, 2019, Southern California Edison (SCE) gave Plaintiff notice (Notice) that the solar equipment needs to be relocated and Defendant ...

Excerpt: ...ses and a general denial of every allegation. On the same date, Defendant Walmart demanded a jury trial. On 8/05/2021, Plaintiff moved for trial preference pursuant to California Code of Civil Procedure section 36. LEGAL STANDARD The California Code of Civil Procedure (“Code Civ. Proc.”) section (“§”) 36(a) permits a party over 70 years of age to seek trial preference. The Court is required to grant the motion if it finds that the party ...

Excerpt: ...lve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment ...

Excerpt: ...e.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of l...

Excerpt: ...ty of Los Angeles (Defendant County). Plaintiff alleged that the sidewalk at 5140 North Barranca Avenue in the City of Covina was in a “dangerous and defective condition” because a portion of the concrete sidewalk “was deteriorated with some sections raised over an inch above adjacent sections,” that caused her to trip and fall. (Complaint, p. 5, ¶1.) On May 13, 2020, the Defendant County filed its answer, alleging a failure to state a c...

Excerpt: ...ocuments, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court...

Excerpt: ...tion for Relief from Waiver of Jury Trial is GRANTED. Legal Standard Compelling Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is t...

Excerpt: ...angerous animal), and (3) negligence. This action arises from a dog bite. Baseman filed an Answer on March 23, 2021. Plaintiff filed the instant Motion for Leave to file First Amended Complaint on June 14, 2021. Summary Moving Arguments Plaintiff filed her complaint on February 16, 2021, and has since learned that Gloria Kaplan passed away on February 18, 2021. Plaintiff seeks leave of court to file a First Amended Complaint to replace defendant-...

Excerpt: ...al notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneou...

Excerpt: ...es of Court, Rule 7.950.5, so long as Petitioner uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are: ¿ Petitioner is represented by an attorney. ¿ The claim is not for wrongful death. ¿ Settlement proceeds will not be placed in a trust. ¿ There are no unresolved liens to be satisfied from the proceeds of the settlement. ¿ Petitioner's attorney did not become invol...

Excerpt: ... Court rules as follows. BACKGROUND On October 22, 2018, Plaintiff Juana Alfaro (“Plaintiff”) filed a Complaint against Defendants Rosa Cruz; Jose Gonzalez; and DOES 1 – 50, inclusive (“Defendants”), alleging 2 causes of action arising from a motor vehicle collision that occurred on November 1, 2016. On May 1, 2020, the Court noted an Entry of Default against both Defendants. On July 31, 2020, Plaintiff filed a Statement of Damages with...

Excerpt: ...POSITION: NONE REPLY: N/A Decision: 1. The Court GRANTS Plaintiff's motion to compel. 2. The Court ORDERS Defendant to appear for deposition within 10 days of notice of this order, unless Plaintiff stipulates otherwise. 3. The Court further ORDERS that the defendant's attorney is to pay sanctions totaling $660 to Plaintiff within 30 days of notice of this order. Plaintiff is ordered to give notice of this order, and file proof of service of such....

Excerpt: ...filed and served on May 18, 2021 Background This general negligence and loss of consortium action arises from allegations by Plaintiff Kojani Petrosian (Plaintiff) that he was injured when Marcelo Omar Toselli's (Defendant Toselli) vehicle collided with Plaintiff's vehicle while on Rattler Trail within the Hungry Valley State Vehicular Recreation Area (hereinafter “HVSVRA”). Plaintiff filed the Complaint on February 18, 2020, alleging two cau...