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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... 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: ...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...