Excerpt: ...o compel Plaintiff to submit to a mental examination at 9 a.m. on October 16, 2023 with Charles Hinkin, PhD, a neuropsychologist. Plaintiff opposes and Defendant replies. LEGAL STANDARD Except for defense physical examinations in personal injury cases (in which one examination is permitted as a matter of course) and examinations arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only af...

Excerpt: ...PERS 1. Opposition to Motion for Summary Adjudication; Memorandum of Points and Authorities 2. Cross-Defendant's Response to Defendant's Separate Statement of Undisputed Facts 3. Declaration of Frederick J. Ufkes with Attached Exhibits REPLY PAPERS 1. Reply Brief 2. Request for Judicial Notice BACKGROUND On August 20, 2019, Plaintiffs Winnie Cheung and Michael Cheung (Plaintiffs) filed a motor vehicle/pedestrian wrongful death action against Vann...

Excerpt: ...nilla allegedly drove over Plaintiff Larry Chavez Jr.'s foot at Port D of the Port of Long Beach. (Complaint ¶ 1.) Plaintiff was employed by Curtin at the time, and Bonilla was employed by the Ventura Transfer Company. (Complaint ¶ 9.) Plaintiff was guiding a container to Curtin's barge when the incident occurred. (Complaint ¶ 8–10.) Plaintiff filed an action against Bonilla and Ventura. Then, on April 21, 2023, Ventura filed a cross-complai...

Excerpt: ...1, Plaintiff's daughter, Dorothea Johnson, was shot and killed on Defendants' premises, an apartment complex. The FAC alleges that Defendants' agents and employees knew that people carrying dangerous firearms gathered in their parking lot, and that Defendants did nothing to prevent these gatherings. She also alleges the gatherings posed a threat to the residents of the apartment complex and that Defendants negligently hired and/or supervised secu...

Excerpt: ...seeks monetary sanctions against Plaintiff and Plaintiff's counsel. This motion is unopposed. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code 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 an...

Excerpt: ...Support OPPOSITION PAPERS 1. Opposition to Motion for Summary Judgment 2. Declaration of Omid Khorshidi 3. Plaintiff's Response to Defendants' Separate Statement of Undisputed Facts; Plaintiff's Additional Undisputed Facts 4. Index of Exhibits in Support of Plaintiff's Opposition REPLY PAPERS 1. Reply Brief 2. Declaration of Marjorie E. Motooka 3. Defendants' Response to Plaintiff's Additional Separate Statement of Undisputed Material Facts BACKG...

Excerpt: ... the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322(b).) On a motion to strike, the court may: (1) strike out any irrelevant, 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 th...

Excerpt: ...usly moved the Court for an order compelling Defendant E&S Management Ring Corp. (“Defendant”) to serve further responses to Plaintiff's Supplemental Interrogatories (Set One), Demand for Production of Documents (Set One), and Request for Production (Set Two) Nos. 61, 62, 64, and 65. On June 27, 2023, Defendant filed a consolidated opposition regarding the document requests. Plaintiff filed a reply on June 28, 2023. An information discovery c...

Excerpt: ..., Jorge Rene Salguero, and Colich & Sons, LP., for negligence. Plaintiff moves to compel the deposition of Defendant Jorge Rene Salguero and Defendant Colich & Sons, L.P.'s Person Most Knowledgeable. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a part...

Excerpt: ...tly rear-ended Plaintiff on the freeway. Plaintiff also alleges that Defendant Olga Felix co-owned the vehicle Brenda was driving and entrusted it to her. (See Complaint at MV-2.) Defendant Olga Felix now moves for summary judgment. Any opposition was due on or before August 24, 2023. To date, no opposition has been filed. LEGAL STANDARD Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any materi...

Excerpt: ...d Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. John died on August 1, 2012. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross-Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in as a defendant on July 22, 2022. [1] On July 2...

Excerpt: ...and enforceable arbitration agreement; (2) Plaintiff's claims fall within the scope of the arbitration agreement, and (3) the parties delegated to the arbitrator issues of arbitrability. Plaintiffs oppose the motion. REQUEST FOR JUDICIAL NOTICE The court may take judicial notice of “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indispu...

Excerpt: ...Litem) (4) Motion for Summary Judgment, or in the Alternative, Summary Adjudication (Tentative Ruling below) MOVING PARTIES (1) Nonparty Antoine Montini (2) Nonparty Antoine Montini (3) Plaintiff Marz Holden-Montini, by and through his Guardian Ad Litem Beth Holden (4) Defendant Benjamin Reininger OPPOSING PARTIES (1) Plaintiff Marz Holden-Montini, by and through his Guardian Ad Litem Beth Holden (2) None (3) None (4) Plaintiff Marz Holden-Montin...

Excerpt: ...y 28, 2023, Plaintiff filed an opposition. On August 10, 2023, Defendant filed a reply. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6(a).) “We note that even if the terms of the judgment...

Excerpt: ... on July 19, 2018 wherein Plaintiff slipped on a substance while grocery shopping at one of Defendant's stores. Defendant now moves to compel the second session deposition of Plaintiff. Plaintiff filed her opposition on June 27, 2023. Defendant filed its reply on August 10, 2023, which included a request for monetary sanctions against Plaintiff and her attorney of record, jointly and severally, in the amount of $1,810.00. ANALYSIS “Once any par...

Excerpt: ...m ceiling collapsed on Plaintiff's head while Plaintiff was on premises owned, leased, or operated by the defendants. On March 6, 2023, Plaintiff filed an amendment to complaint substituting First Reliable Maintenance in for Doe 1. Now, Defendants Lotus Property Services, Inc. and First Reliable Maintenance (“Movants”) moves to compel Plaintiff to submit to a neuropsychiatric examination, which shall be conducted by Dr. Saint Martin at his of...

Excerpt: ...Does 1 to 50 for general negligence and premises liability in connection with a slip-and-fall incident. Defendant Miguel Velasquez dba Montebello Racing Stables (“Defendant”) cross-complained against Roes 1 through 20 for express indemnification, equitable indemnification, equitable contribution, declaratory relief: duty to defend, and declaratory relief: duty to indemnify. On July 26, 2023, Defendant filed a motion to compel Plaintiff's atte...

Excerpt: ...nce ISO Motion for Summary Judgment filed on 4/20/23 OPPOSITION PAPERS (Plaintiff): 1. Opposition to Motion for Summary Judgment filed on 6/21/23 2. Separate Statement of Material Facts in Opposition filed on 6/21/23 3. Evidence and Appendix of Exhibits ISO Opposition filed on 6/21/23 4. Objections to Defendant's Evidence ISO its Motion filed on 6/21/23 OPPOSITION PAPERS (Defendant Iles): 1. Opposition to Motion for Summary Judgment filed on 6/23...

Excerpt: ... and fall incident that Plaintiff suffered when he fell down a flight of stairs at Defendant's premises. Defendant now moves the Court to dismiss this action on the grounds that Plaintiff lacks standing, this action was filed for improper purpose and to perpetuate an ongoing fraud, Plaintiff's allegations have no evidentiary support, and this action is barred under the doctrine of unclean hands. Plaintiff opposes the motion. Defendant has filed a...

Excerpt: ... 2018 when Dora Griselda Portillo (“Plaintiff”) alleges she was hit by Sophia Ingrid Santalucia (“Defendant Santalucia”) while driving. Defendant Santalucia was driving a rental car from Hertz Vehicles LLC (“Defendant” or “Defendant Hertz”) when the collision occurred. Plaintiff filed her Complaint on September 18, 2022. Plaintiff filed four discovery motions: (1) Motion to Deem RFAs Admitted, (2) Motion to Compel Responses to For...

Excerpt: ... (“Dr. Bolling”). Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Except for one examination in personal injury cases, and examinations arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §2032.320(a).) Where the plaintiff's injuries are complex, several exams may be necessar...

Excerpt: ...n incident in which Plaintiff was purportedly assaulted and battered by an assailant who was sent to attack Plaintiff by a Chrome Hearts' employee. On March 29, 2023, Plaintiff filed the operative first amended complaint alleging the causes of action for assault and battery against the Defendants. Defendant Chrome Hearts demurs to the first amended complaint in its entirety. Plaintiff opposes the demurrer. Plaintiff has also filed a motion for le...

Excerpt: ...Los Angeles County Metropolitan Transportation Authority (“Defendant”) opposes the motion. ANALYSIS While Plaintiff has characterized the instant motion as a “Motion to Set Aside/Vacate Dismissal,” the Court previously issued its decision on this very issue on May 5, 2023 when Plaintiff first attempted to set aside the dismissal. As a result, Plaintiff's renewed motion to set aside the dismissal is effectively a motion for reconsideration...

Excerpt: ... Civil Procedure § 128.5. Plaintiff Michael Barakat (“Plaintiff”) opposes the instant motion. Samayoa has filed a reply. ANALYSIS Quash Service of Summons First, Samayoa moves to quash service of summons and complaint for Plaintiff's failure to comply with Code of Civil Procedure § 474. California Code of Civil Procedure § 474 permits the designation of a defendant by a fictitious name when the plaintiff is ignorant of the defendant's name...

Excerpt: ...tember 13, 2023, to April 2024. Plaintiff Ulrike Ziller (“Plaintiff”) opposes the continuance. Defendants have filed a reply. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) Califor...