Excerpt: ...rers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via ...

Excerpt: ...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 co-obligor for equitable comparative contribution, or part...

Excerpt: ...rrelevant, 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 California, a court rule, or an order of the court. (Code Civ. Proc., § 436;¿Stafford v. Shultz¿(1954) 42 Cal.2d 767, 782.)¿ The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. (Id. § 437.) Meet and Confer The meet and confer requi...

Excerpt: ...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 as a...

Excerpt: ...l Standard CCP § 428.10 provides that a party against whom a cause of action has been asserted may file a cross-complaint setting forth: “(b) Any 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, occurrence, or series of transactions or occurrences as the cause brought a...

Excerpt: ... request for judicial notice is GRANTED pursuant to Evidence Code sections 452(c) and (h). Legal Standard 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 Civ. Proc., § 435(b)(1).)¿The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any ple...

Excerpt: ...CV31782 and assigned to Department 30 in the Los Angeles County Superior Court. Moving party to give notice. Legal Standard “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay...

Excerpt: ...independent medical examination (IME) of Plaintiff. No opposition has been filed. Legal Standard “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a loca...

Excerpt: ...rmining whether an agreement can be reached that resolves the objections to be raised in the motion to strike. (Code Civ. Proc., § 435.5.(a).) The meet and confer requirements have been met. (Balich Decl., ¶ 6; Davis Decl., ¶ 5.) Legal Standard 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 Civ. Proc., § 435(b)(1).) The court may, upon a motion o...

Excerpt: ...ocuments, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 and condition...

Excerpt: ...ichfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(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 11...

Excerpt: ...nform the Court whether LACMTA has complied. Defendants/Cross-Complainants Mary Lou Dorgalli, and Sam Dorgalli's request for monetary sanctions is DENIED for inadequate notice. Moving party is ordered to give notice. Background On December 22, 2020, Plaintiff Michael Moore filed a complaint against Defendants Mary Lou Dorgalli, and Sam Dorgalli, alleging causes of action for general and motor vehicle negligence, stemming from a vehicle collision ...

Excerpt: ... against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief … shall be made within a reasonable time, in no case exceeding six months, after the … dismissal … was taken.” (CCP section 473(b).) The mandatory prong states: “The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an att...

Excerpt: ...18.10(a).) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was proper” but only if it “complies with the statutory requirements regarding such proofs.” (Id. at 1441-1442.) When a defendant moves to qua...

Excerpt: ...025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having se...

Excerpt: ...rcumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by...

Excerpt: ...“treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial 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 extr...

Excerpt: ...otion to deem requests for admissions admitted is GRANTED in part. Defendant is ordered to pay sanctions in the amount of $510 within 20 days of this order. Legal Standard Compel 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, subd. (b).) The statute contains no time limit f...

Excerpt: ...y 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, subd. (b).) If a party to whom the interrogatories are directed fails to serve a timely response, the party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any obje...

Excerpt: ...h his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief … shall be made within a reasonable time, in no case exceeding six months, after the … dismissal … was taken.” (CCP section 473(b).) The mandatory prong states: “The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit at...

Excerpt: ... Proc., § 438 subd. (c)(1)(B).) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) “Such motion may be made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fails to state facts sufficient to constitute a legally cognizable claim or defense.” (Ibid.) “In the construction of a pleading, for the purpo...

Excerpt: ...responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (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 that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.) C...

Excerpt: ...as been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300(b).) Failure to timely respond waives all objections, 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 deadli...

Excerpt: ... for monetary sanctions is DENIED without prejudice. Moving party is ordered to give notice. Background On April 5, 2023, Plaintiffs Sonia Velazquez and Brenda Marquez, individually and as successors in interest to Victoria Velasquez (Decedent), filed a Complaint against Defendants City of Los Angeles, and Housing Authority of the City of Los Angeles, alleging causes of action wrongful death for dangerous condition of public property, and neglige...

Excerpt: ...pparent on the face of the pleading or via proper judicial 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. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to app...

Excerpt: ...y, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The c...

Excerpt: ...�If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document … described in the deposition notice, the party giving the notice may move...

Excerpt: ...rnmental agency.”¿ (CCP § 2025.010.) “Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).) Where a deponent fails to appear or produce documents at a deposition, Code of Civil Procedure § 2025.450 permits a party to seek a motion to compel a depo...

Excerpt: ...th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial 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 ma...

Excerpt: ...ng all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial 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 o...

Excerpt: ...iscovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿(Code of Civ. Proc., § 2025.010.)¿A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.¿(Code of Civ. Proc., § 2025.280,¿subd. (a).)¿¿¿ ¿“If, after service of a deposition notice, a party . . . ...

Excerpt: ...fornia. (See Evid. Code § 452, subd. (c).) However, the Court does not take judicial notice of the truth of the matters asserted within this document. (See C.R. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1103.) Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (T...

Excerpt: ...”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP sect...

Excerpt: ...d Pinnacle Redondo LLC (Pinnacle) has filed an application for a good faith settlement determination. Pinnacle's burden in moving for good faith determination is to prove there has been a settlement. (See Franklin Mint Co. v. Superior Court (2005) 130 Cal.App.4th 1550, 1558; see also Mattco Forge, Inc. v. Arthur Young & Company (1995) 38 Cal.App.4th 1337, 1350 n.6; and City of Grand View Terrace, supra, 192 Cal.App.3d at pp. 1260-1261.) Pinnacle ...

Excerpt: ... or to cause unnecessary delay or needless increase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. 3) the allegations and other factual contentions have no evidentiary support; 4) the denials of factual contentions are not warranted on the evidence. C...

Excerpt: ..., 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evi...

Excerpt: ...mplaint against Defendants, alleging causes of action for motor vehicle negligence and general negligence. On September 26, 2023, Defendants filed this motion to compel compliance with a subpoena for production of business records. No opposition has been filed. Legal Standard When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or other things before a court or at...

Excerpt: ...ant Miles Dupee, alleging a cause of action for motor vehicle and general negligence, arising out a vehicle collision that occurred on June 14, 2019. On November 23, 2022, this Court dismissed this case without prejudice pursuant to CCP 581(b)(3) when no party appeared for trial. On May 22, 2023, Plaintiff filed this motion to set aside the dismissal. Legal Standard Code of Civil Procedure § 473(b) provides for mandatory and discretionary relief...

Excerpt: ...ite (strict liability Civil Code section 3342), dog bite strict liability (common law), negligence and dangerous condition of property, arising from a dog bite incident that occurred on February 28, 2023. On September 20, 2023, this Court granted Defendant's motion to strike punitive damages. On November 3, 2023, Plaintiff filed a first amended complaint (FAC). On December 4, 2023, Defendant filed a motion to strike punitive damages from the FAC....

Excerpt: ...sical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP section 2031.310 states: (a)¿If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing...

Excerpt: ...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 law.” (Adler v. Manor Heal...

Excerpt: ...g party is ordered to give notice. Legal Standard Compel 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, subd. (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 that a set of in...

Excerpt: ... The court may award the amount of the reasonable expenses incurred in making or opposing a motion to quash, including reasonable attorney's fees, if the court finds the motion was opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive. (Code Civ. Proc., § 1987.2(a).) The court exercises its discretion not to award sanctions. First, Defendant appears to have resolved the i...

Excerpt: ...e. Background On May 6, 2021, Plaintiff George Mahr filed a Complaint against Defendants Golden Eda International Properties, LLC, and Golden Globe Investments LLC, and Lyfestyle Properties, LLC, alleging causes of action for premises liability and general negligence, due to a trip and fall that occurred on June 7, 2019. On July 10, 2023, this Court granted Defendant's motions to compel responses to Form Interrogatories, Special Interrogatories a...

Excerpt: ...adavich for negligence, arising out of a vehicle collision that occurred on July 12, 2018. On December 13, 2023, Defendants filed this unopposed motion to continue trial. Trial is set for January 30, 2024. Legal Standard Irrespective of whether it is contested, a party seeking a continuance of the trial date must do so upon noticed motion or ex parte application. (Cal. Rules of Court, Rule 3.1332(b).) Although disfavored, the trial date may be co...

Excerpt: ...nses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (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 that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905–906.) Compel...

Excerpt: ...l did not designate Dr. Spoonamore until six days after the expiration of the deadline for expert designation. Counsel argues that the deadline was mis-calendared in the case management system employed by Defense Counsel. (Moncayo Decl., ¶11.) Upon discovering the error on November 8, 2023, Defense Counsel immediately drafted and served Plaintiff's Counsel with Defendant's Expert Witness Designation. At that time, Defense Counsel designated a si...

Excerpt: ... of Civ. Proc. §1033.5, subd. (a)(1).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) The memorandum of cost is a verified statement by the p...

Excerpt: ...ave to amend. The motion to strike is denied as moot. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appe...

Excerpt: ...mend 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 just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an ...

Excerpt: ...y, 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 just, an amendment t...

Excerpt: ...gal Standard A defendant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438 subd. (c)(1)(B).) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th...

Excerpt: ...oration, a partnership, an association, or a governmental agency.”¿ (CCP § 2025.010.) “Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).) Where a deponent fails to appear or produce documents at a deposition, Code of Civil Procedure § 2025.450 ...

Excerpt: ...e, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce 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 s...

Excerpt: ...termine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows t...

Excerpt: ...r sanctions in connection with the motion to deem requests for admissions admitted is GRANTED in part. Plaintiff Christina Gutierrez is ordered to pay sanctions in the amount of $590, within 30 days of this order. Defendant is ordered to pay a filing fee of $60 within 20 days of this order. Moving party to give notice. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propo...

Excerpt: ...ceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adjudications. (See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.) A Notice of Motion to consolidate cases must (1) include a list of all named parties in each c...

Excerpt: ... may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) ...

Excerpt: ... forth: “(b) Any 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, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought aga...

Excerpt: ...Defendant objects to Plaintiff's consolidated response, filed after Plaintiff filed an opposition under CCP section 1005(b). The objection is SUSTAINED. The Court will not consider the response as it is an improper sur reply. Legal Standard “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (b) The requesting party may move for an order that the genuineness of any documents and t...

Excerpt: ... March 22, 2023; (3) The August 24, 2023 Court order granting Defendant's Motion to Deem Requests for Admission Admitted and establishing that all matters specified in Defendant's Request for Admissions, Set One, are deemed admitted and true by Plaintiff; and (4) Defendant's Notice of Ruling re: Motion to Deem Admitted Requests for Admission, Set One filed on August 25, 2023. A court may take judicial notice of the “[r]ecords of (1) any court o...

Excerpt: ...face of the pleading or via proper judicial 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. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defend...

Excerpt: ...ted as “discretionary” and “mandatory”—from certain prior actions or proceedings in the trial court. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124 (Luri).) The discretionary portion of section 473, subdivision (b) provides: “The court may, upon terms as may be just, 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, inadv...

Excerpt: ...rved one statement of damages together, putting Defendant on notice of $25,000 in general damages. Thus, their combined general damages cannot exceed $25,000. While the statement of damages contains language that says Plaintiffs seek general damages “in excess of $25,000,” Courts have held that a judgment is void if the damages awarded are more than the amount that is specifically stated in the statement of damages, i.e., here, $25,000. In an...

Excerpt: ...ne if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that l...

Excerpt: ...d Motion to Reopen Discovery Except as otherwise provided, “any¿party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings”...

Excerpt: ...e, arising out of an alleged bedbug bite incident at Defendant's premises. On October 24, 2023, Plaintiff filed this motion for a stay of proceedings. On December 8, 2023, Defendants filed an opposition. No reply has been filed. Legal Standard The court's power to stay proceedings derives from the court's power to control its own processes and orders to ensure orderly administration of justice. (Code Civ. Proc., § 128(a)(8); Bailey v. Fosca Oil ...

Excerpt: ...ose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, and in favor of any party attending in person or by attorney, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2025.430.) Discussion Plaintiffs served Defendant with a Notice of Deposition o...

Excerpt: ...ey (2001) 92 Cal.App.4th 422, 425.) Entry of dismissal terminates the action against the dismissed defendants. (Id.) Further, the entry of dismissal of an entire action divests the trial court of jurisdiction to enter further orders in that action, except for the limited purpose of awarding costs and statutory attorney fees (Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 261) or entertaining a motion to vacate on grounds of mistake, ex...

Excerpt: ...ober 7, 2022, in case number 22STCV33087, Plaintiff Robert Ochoa filed a complaint against Defendants Victoria Gonzalez, and Louis Joseph Gonzalez, alleging causes of action for negligence, and negligence per se, arising out of a collision that occurred on December 10, 2021. On November 2, 2023, this Court found that these two actions are related. On October 26, 2023, Plaintiff Robert Ochoa filed the instant motion to consolidate. No opposition h...

Excerpt: ... of action against that defendant. (Code Civ. Proc., § 438(b)(1), 438(c)(1)(B)(i) and 438(c)(1)(B)(ii).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of t...

Excerpt: ...ow in the place of Doe Defendant 1; (2) add additional cause of action for negligence per se under Government Code 815.6 against Defendant City of LA/LADWP based on new facts discovered through formal and informal discovery; and (3) add additional cause of action for negligence per se under Los Angeles Municipal Code Section 62.104, et seq. against Defendants City of LA/LADWP and Bruffy's Inc. dba Bruffy's Tow. Plaintiff has uncovered information...

Excerpt: ...eem matters admitted in requests for admission are DENIED as moot. Defendants' request for sanctions is GRANTED in part. Plaintiff Erika Montano is ordered to pay sanctions in the amount of $435, within 20 days of this order, to Defendants. Defendants are ordered to pay $60 to the Court within five days. Moving party to give notice. Discussion As an initial matter, Defendants argue in the reply that Plaintiff's opposition is untimely and should b...

Excerpt: ...Sanctions are denied. Moving party to give notice. DISCUSSION Plaintiff moves to compel the deposition of Defendant Furley's Person Most Qualified and the Production of Documents. Plaintiff argues this case involves a battery case which occurred at Defendant's premises on February 2, 2021 due to Defendant's negligence in the security, maintenance, and operation of its place of business. Plaintiff sustained serious injuries as a result of the batt...

Excerpt: .../8 inches and there were no other aggravating factors to establish that the area is substantially dangerous; and (2) Defendant had no actual or constructive notice of the sidewalk uplift. 1. Trivial Defect Doctrine Government Code section 835 states:¿“Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at ...

Excerpt: ... in this action as it could be exposed to direct liability pursuant to Insurance Code section 11580(b)(2). Under California law, an insurance carrier who is not a party to an action can intervene on behalf of its insured when the insurance carrier could be subject to a subsequent action under Insurance¿Code¿section¿11580.¿ (See¿Reliance Ins. Co. v. Superior Court¿(2000) 84 Cal.App.4th¿383, 386,¿(“An insurer's right to intervene in an ac...

Excerpt: ... has been scheduled for November 2, 2023. (Khachoyan Decl., ¶ 4.) Counsel testifies that the doctor's reports will be ready at the very start of December and will leave Defendants' with sufficient time (two months) to use those reports in their preparation for trial. (Id.) Plaintiff Bell's counsel testifies that Defendants' have ignored the Court's warning at the previous Motion to Continue hearing, when they were previously warned that if they ...

Excerpt: ... per hour in 2009, which was when the subject incident occurred in Heskel v. City of San Diego (2014) 227 Cal.App.4th 313; and (2) The block on the southern side of Bay Street between the two sections of 6th Street in Santa Monica, California is slightly more than 100 feet long and is part of a residential district. Stop signs are present at both ends of the block to control traffic traveling in both directions. The court must consider all of the...

Excerpt: ...ounsel represented to the court that she could not locate the guardian ad litem. On April 14, 2023, Plaintiff filed this motion to set aside the dismissal. On May 11, 2023, Defendant filed an opposition. Plaintiff argues that due to inadvertence, mistake, and/or neglect of Plaintiff's former counsel Domingo, service of process was not effected, and the case was dismissed. First, it appears Plaintiff is only moving under the discretionary prong fo...

Excerpt: ...d. Moving party to give notice. DISCUSSION Defendants move for terminating sanctions against Plaintiff, based on Plaintiff's failure to comply with the Court's Order of February 8, 2023, which ordered Plaintiff to appear for deposition. Plaintiff has been incarcerated in the California Rehabilitation Center in Norco, California since July 13, 2021. He is eligible for parole in 2026. (Carpenter Decl. ¶ 6, Exh. B.) On February 8, 2023, the Court g...

Excerpt: ...ant is ordered to file a declaration 5 days before the continued hearing date informing the Court as to whether Plaintiff complied. Moving party to give notice. DISCUSSION On June 20, 2023, this Court granted Defendant's motions to compel Plaintiff to provide further responses to Special Interrogatories, Set One, and Form Interrogatories, Set One, ordered Plaintiff to respond in 20 days, and imposed sanctions against Plaintiff in the amount of $7...

Excerpt: ... additional affirmative defenses to the Complaint. After the answer was filed, Defendants' Counsel learned of additional facts that led counsel to believe that Defendant Emily had viable defenses based on State Farm's prior acceptance of Plaintiff's settlement demand for Defendant's policy limits of $30,000, but did not move to amend the answer since there were pending settlement efforts. (Borgeson Decl., ¶ 5.) The parties agreed to mediate the ...

Excerpt: ...ny factual support for an IIED claim. While it states that the conduct was outrageous, it fails to specify what conduct or incident, other than placing tape on V.S.'s hands. The complaint does not state how the tape was on V.S.'s hands or who placed it. Moreover, the Complaint does not contain sufficient facts to support liability under a theory of respondeat superior. Plaintiffs argue that the Complaint sufficiently alleges a cause of action for...

Excerpt: ...tiff's complaint includes emotional distress and depression since the date of the accident in 2019. As indicated in her deposition, Plaintiff is making a claim for damage to her psychological or psychiatric condition. Thus, Intervenor moves under CCP § 2032.310 to have Plaintiff submit to a mental examination performed by Ari Kalechstein, Ph.D. This examination is to “assist counsel and the trier of fact in understanding the origin, nature, an...

Excerpt: ...d to diagnose her with an ectopic pregnancy and discharged her without providing proper treatment. On March 9, 2022, Plaintiff filed a complaint against Defendants Payman Joseph, MD and Van Nuys Women's Care alleging (1) medical negligence and (2) negligence-failure to adequately screen medical staff. Defendants Payman Joseph, MD and Payman Joesph, MD (d/b/a Van Nuys Women's Care Medical Center) moves for summary judgment of Plaintiff's complaint...

Excerpt: ... Complaint against Defendants Jonathan Shifren, M.D., Wave Plastic Surgery Center, Inc., The Doctor's Choice HHS, Good Samaritan Hospital, and Does 1 to 25 alleging causes of action for medical negligence, negligence, and loss of consortium. The Complaint alleges Defendants were negligent in Plaintiff Lidia West's care and treatment involving a plastic surgery liposuction and gluteal augmentation. Defendants' motion for summary judgment is based ...

Excerpt: ...laintiff seeks to depose Defendant to inquire about the “speeds, names, streets, and any and all activities that led up to the violent crash that occurred on the date of the incident.” (Motion 5: 8-11.) Plaintiff argues that Defendant is the only person with knowledge of the incident. Defendant's prison sentence is not scheduled to end until 2036, and therefore, the only way to obtain his testimony is for the court to grant leave to do so. Th...

Excerpt: ...general negligence do not rise to the type of allegations for punitive damages. Even gross negligence is insufficient for punitive damages; thus, Plaintiff's claim for negligence – that Defendants refused to repair a leaking sink – are not sufficient for punitive damages. Plaintiff argues that the SAC sufficiently allegations facts to support punitive damages. The pattern of conduct exhibited by Defendant would be “characterized as ‘despi...

Excerpt: ...rred on November 7, 2018. On December 10, 2020, the Court issued an order setting the Final Status Conference date of April 18. 2022; the Trial date of May 2, 2022; and an OSC re Dismissal pursuant to CCP 583.210. There is a certificate of mailing to the address on file for Plaintiff's attorney. On April 18, 2022, the Court issued a minute order concerning the Final Status Conference (“FSC”). The Court's minute order states that the matter wa...

Excerpt: ...20 days of issuance of this order. Moving party is ordered to give notice. DISCUSSION According to the declaration of counsel for Equinox, Patric:ia Lee-Gulley ("Lee-Gulley"): (1) there has been an ongoing dispute with PLP over which party controlled the parking lot (Lee-Gulley Decl., '1 3); (2) while PLP claimed in the Fall of 2022 that Equinox was responsible for the parking lot at issue in this matter, upon receipt of the lease agreement from ...

Excerpt: ...fendant's answer to the complaint.¿ (Code Civ. Proc. § 426.30, subd. (a); see also Crocker Nat. Bank v. Emerald (1990) 221 Cal.App.3d 852, 864.)¿ A related cause of action is “. . . a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.”¿ (Code Civ. Proc. § 426.10, subd. (c).)¿ Leave must be granted to file a co...

Excerpt: ...neuropsychology experts retained by Defendant and Plaintiff so that the exchange of these sensitive materials will be only done directly between the experts. Plaintiff asserts that pursuant to Randy's Trucking, Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5th 818 (“Randy's Trucking”), Plaintiff's counsel is entitled to disclosure of the raw data from Plaintiff's mental examination and that Plaintiff is entitled to make an audio rec...

Excerpt: ...t, which is more than three years after the action was commenced, making the action subject to mandatory dismissal pursuant to Code of Civil Procedure § 583.250. (Ayotte Decl. ¶ 3.) Further, Defendant asserts that none of the various exceptions or exemptions available under Code of Civil Procedure § 583.240 are applicable here as Plaintiff cannot claim that Defendant was not amenable to service, prosecution of the action was not stayed, nor th...

Excerpt: ... Defendants' action and conduct following the collision was extreme and outrageous. (FAC ¶ 30.) The FAC states that the large force of the rear-end impact created by Defendant Escalante, and DOES 51 to 100's large box truck was transferred directly to Plaintiffs' vehicle and that it is reasonable and foreseeable for any person to realize that Plaintiffs were severely injured in this collision. Despite and while witnessing the damage caused by De...

Excerpt: ... to give notice. BACKGROUND This is a vehicular accident personal injury tort complaint (Complaint). Plaintiff Chan through counsel propounded a request for admission on February 2, 2023 (Mikaelian Decl ¶ 4) Defendant Mrazeck served responses on March 8, 2023. (Ibid. at ¶ 7) On March 10 th, Counsel for Chan mailed Counsel for Mrazeck a letter in an attempt to meet and confer. (Ibid. at ¶ 10) Then on March 15 th, Plaintiff's Counsel emailed and...

Excerpt: ...s also GRANTED in the amount of $5,460.00, payble by Tesla to Plaintiff within 30 day of the issuance of this order. Rationale: Plaintiff requests for an order compelling further responses to Request for Production of Documents (“RPD”), Set One, numbers 1-19, 24, 25, 27, 28, 35, and 36-52. Plaintiff also requests sanctions in the amount of $5,460.00. RPDs 1, 2, 3, 5, 6, 7, 19, 27, 28, 44, 46 seek insurance policies, cause of Plaintiff's injur...

Excerpt: ...of the issuance of this order. Moving party to give notice. Rationale: Plaintiff seeks discovery of all of Lowe's medical records from November 2, 2011 onward. However, as noted above, Lowe has a constitutionally protected right to privacy in his medical records, as well as a statutory privilege preventing disclosure of his confidential communications between himself, as a patient, and his physician. Further, Lowe has not waived his privacy right...

Excerpt: ...ce of the issuance of this order. Moving party to give notice. Rationale: Plaintiff seeks discovery of all of Lowe's medical records from November 2, 2011 onward. However, as noted above, Lowe has a constitutionally protected right to privacy in his medical records, as well as a statutory privilege preventing disclosure of his confidential communications between himself, as a patient, and his physician. Further, Lowe has not waived his privacy ri...

Excerpt: ...t to the declaration of Jonathan Hembree, the following objections are OVERRULED: 1, 2, 3, 4, 5. Discussion Defendants move to dismiss or stay this action on the grounds that California is an inconvenient forum. Plaintiff's Complaint alleges that he was injured on board a flight from Salt Lake City, Utah to Long Beach, California. (Compl., ¶10.) A cart was not secured and collided with Plaintiff's body during the landing. (Id.) The cart injured ...

Excerpt: .... Additionally, the FAC fails to describe whether an officer, director, or managing agent authorized or ratified malicious conduct. Rather, the FAC alleges facts showing Able knew about the leakage in Plaintiff's apartment and ignored her complaints in order to save money. These facts do not name the officer, director, or managing agent who allegedly authorized the conduct, let alone any specific facts showing an offcer authorized an employee's c...