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

Excerpt: ... Moving party to give notice. RATIONALE: ¿¿ Background This is a cause of action for negligence arising from a slip and fall incident which took place in August 2021. Plaintiff Ada Jackson filed her Complaint against Defendants The Grove at Cerritos and Welltower Victory II Landlord LP on June 15, 2022. Defendants Welltower Victory II Landlord LP and Cerritos Subtenant LP/SRG Pacific Mgmt LLC dba The Grove at Cerritos filed their motion to comp...

Excerpt: ....” (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 la...

Excerpt: ... in Dept. 30; Final Status Conference March 14, 2023, at 10:00 am, in Department 30. Both Counsel are to confirm their readiness to go to trial on March 28, 2023, or JA to calendar date convenient to both sides within a two-week range before and after such date. Moving party to give notice. Rationale: Motion for Leave to Conduct Mental Examination of Plaintiff Defendant's motion properly includes information about the time, place, manner, conditi...

Excerpt: ...ained as to the third cause of action, without leave to amend, and otherwise overruled. The motion to strike is granted. Defendants are ordered to answer within ten (10) days of today's date. 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)...

Excerpt: ... 1946.2(d)(2) provides that: "If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy ..., the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy." Section 1946.2(e) states that "[a]...