Excerpt: ...s and Authorities 2. Separate Statement of Disputed Facts in Opposition 3. Plaintiff's Objection to Defendant's Evidence 4. Declaration of Analicia Avila 5. Declaration of Payman Heravi BACKGROUND On September 15, 2020, Plaintiff Payman Heravi (Plaintiff) filed a complaint against Defendants City of Los Angeles, 19923 Ventura LLC, and Does 1 to 50 for premises liability after he tripped on a sidewalk. In pertinent part, Plaintiff alleges that the...

Excerpt: ...September 26, 2023. No opposition has been filed. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, or improper. (Code Civ. Proc. §§ 435; 436(a).) Motions may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or court orders. (Code Civ. Proc. § 436(b).) A motion to strike is used to address def...

Excerpt: ...ourt granted Defendants' motions to compel Plaintiff's deposition, and responses to Special Interrogatories and Requests for Production. (Min. Order, May 18, 2023.) The Court ordered Plaintiff to appear for a deposition and serve verified responses to the SROG and RPD, without objections, within 30 days of notice of the order. Plaintiff did not appear at the hearing. A proof of service of the notice of ruling was filed on May 19, 2023. Defendants...

Excerpt: ...Plaintiff's Opposition to Defendant's Motion for Summary Judgment 2. Plaintiff's Response to Defendant's Separate Statement and Plaintiff's Additional Facts 3. Declaration of Marguerite S. Sanvictores and Evidence in Support 4. Defendant Pacific Bell Telephone Company's Opposition 5. Pacific Bell's Evidentiary Objections to City of Huntington Park's Evidence 6. Pacific Bell's Response to City's Separate Statement 7. Pacific Bell's Declaration of ...

Excerpt: ...PPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement in Opposition 3. Response to Defendant's Undisputed Material Facts REPLY PAPERS: 1. Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply to Plaintiff's Response to Separate Statement 3. Objection to Declaration of Gary Gsell BACKGROUND Plaintiff Daryl Keith Roach (Plaintiff) sued the City of Beverly Hills (“De...

Excerpt: ...d to October 30, 2023 by stipulation. Defendant now moves to continue trial to September 23, 2024 or later, and to continue all pre- trial and trial-related dates in accordance. ANALYSIS Legal Standard “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 con...

Excerpt: ...ow moves to compel an independent medical examination of Plaintiff, as well as Plaintiff's deposition, and seeks sanctions. In the alternative, Defendant also seeks to dismiss Plaintiff's action with prejudice. No oppositions have been filed. LEGAL STANDARD Motion to Compel IME “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...

Excerpt: ...vidence in Support including Lodged Video Exhibits. OPPOSITION PAPERS 1. Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment 2. Plaintiff Berta Mirano's Declaration in Support 3. Plaintiff Guillermo Munoz Mirano's Declaration in Support 4. Plaintiff's Opposition to Defendant's Separate Statement of Disputed Material Facts 5. Plaintiff's Index of Exhibits and Exhibits in Support REPLY PAPERS 1. Reply to Plaintiffs' Oppo...

Excerpt: ...3. Separate Statement of Undisputed Facts OPPOSITION PAPERS 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment 2. Plaintiffs' Request for Judicial Notice 3. Declaration of Armand Kizirian 4. Plaintiff's Separate Statement of Disputed Material Facts 5. Declaration of Armand Kizirian Requesting Continuance of Hearing REPLY PAPERS 1. Reply in Support of Motion for Summary Judgment; Declaration of Greg Bunch 2. Reply to Plaintiff's ...

Excerpt: ... to assert a statutory basis for negligence and premises liability since Defendant is a public entity; (2) fails to identity any defective aspect of the physical condition on the property; and (3) fails to allege notice. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot b...

Excerpt: ...FAC) alleges that on September 2, 2020, a tree owned, maintained, and controlled by Defendant impacted Plaintiffs' vehicle and caused a collision. The FAC alleges causes of action for negligence and premises liability and was brought against the City of Los Angeles, County of Los Angeles, and Does 1 to 50. On May 26, 2023, Plaintiffs added Defendant to the FAC as Doe 1. Defendant now demurs arguing that the negligence and premises liability cause...

Excerpt: ...WP), City of Bishop, and County of Inyo, and Does 1 to 45, for the death of their son, decedent Dutch Benjamin Abbott, after he came into contact with a carnivorous Naegleria fowleri amoeba in a man-made water pond. On January 8, 2021, LADWP filed an answer. The complaint alleges three causes of action: (1) statutory liability/dangerous condition on public property; (2) statutory liability/ breach of mandatory duties; and (3) negligence. LADWP no...

Excerpt: ...ndum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement in Opposition 3. Declaration of Eric A. Forstrom in Support of Plaintiff's in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Sanjuanita Rios (Plaintiff) sued 1815 E. Workman, LLC. and John T. Tsai (“Defendants”) for negligence and premises liability. Plaintif...

Excerpt: ...tates was a little more than an hour into the deposition, the connection froze and the deposition was paused for technical difficulties. (Motion at pg. 3; Reply at Exh. 1, pg. 47.) Around 11:46, the court reporter indicated likely difficulty with taking down the record. (Id. at pg. 49.) Around 11:51, the defendant asked for a break to find another location, given that he was outside at his school. (Id. at pg. 52.) The parties went off the record ...

Excerpt: ...s. OPPOSITION PAPERS 1. Plaintiff's Opposition to Defendant's Motion for Summary Judgment 2. Plaintiffs' Request for Judicial Notice 3. Plaintiff's Separate Statement of Disputed Material Facts and Additional Undisputed Material Facts in Opposition 4. Evidence in Support of Plaintiff's Opposition REPLY PAPERS 1. Memorandum of Points and Authorities in Reply to Plaintiff's Opposition 2. Response to Plaintiff's Statement of Additional Facts BACKGRO...

Excerpt: ... on his claims against Respondent City of Pico Rivera. Respondent opposes the motion. LEGAL STANDARD Pursuant to the Government Claims Act, a party with a claim for damages against a public entity must first timely present the claim directly with that entity.¿ The party may file a lawsuit only if the public entity denies or rejects the claim (either expressly or by operation of law). (Gov. Code §§ 905, 945.4; City of Ontario v. Superior Court ...

Excerpt: ...her venue is proper in Los Angeles County, (2) whether any objection regarding venue has been waived, and (3) whether the Court may consider and rule on the venue issue sua sponte without a motion by Defendant. LEGAL STANDARD Pursuant to Code of Civil Procedure section 395(a), in an action for personal injuries, the “superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants...

Excerpt: ..., and exclusively has represented Plaintiff since then. (Id.) On May 2, 2023, the parties entered into a settlement agreement and a settlement check was made payable to Plaintiff Melissa Rosapapan, McElfish Law Firm, and Panah Law Firm. D Hess Panah and McElfish have asserted a lien for their attorney's fees. (Motion at pg. 3.) Plaintiff asserts, through her counsel McElfish Law Firm, that D. Hess Panah has refused to endorse the settlement check...

Excerpt: ... October 5, 2023 by stipulation. On August 23, 2023, the Court granted Defendant's ex parte application and continued the trial to October 23, 2023 and the final status conference to October 9, 2023. Defendant now moves to continue trial to January 5, 2024 or later, and to continue all pre-trial and trial-related dates in accordance. In their notice of non-opposition, filed on September 15, 2023, Defendant asserts that Plaintiff is agreeable to t...

Excerpt: ...ral negligence and (2) motor vehicle. The Complaint alleges that on or about October 6, 2017, “Defendant owned and/or operated his/her vehicle negligently and carelessly, proximately causing property damage and personal injury to Plaintiff.” (Complaint, p. 4 (Attachment to Complaint).) On May 11, 2020, the Court ordered this case (19STCV25342) and 19STCV34112 related within the meaning of California Rules of Court, rule 3.300(a). On June 25, ...

Excerpt: ...ctions. No opposition has been filed. 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 party desiring to take an oral deposition shall give a notice in writing which states the specification of reasonably particularly of any materials to be produced by the deponent. (Code Civ. Proc., § 2025.220, subd. (a)(4).) ...

Excerpt: ...t of Undisputed and Material Facts 4. Target Corporation's Index of Exhibits OPPOSITION PAPERS 1. None filed. REPLY PAPERS 1. None filed. BACKGROUND On December 14, 2021, Plaintiff Gladys Sepedjian filed a complaint against Defendant Target Corporation, Mario Rodriguez, and Does 1-100 for injuries allegedly caused by a ball that was in the aisle of Defendants' premises. Defendant Target Corporation (Target) now moves for summary judgment, or in t...

Excerpt: ...tion against Defendants Marco Antonio Luevano and J.B. Hunt Transport, Inc., based on an incident in which Defendants' vehicle struck Decedent Chen Hsueh Chang at an intersection, eventually resulting in Decedent's death. On May 19, 2023, the Court granted in part Defendants' motion for summary adjudication as to the following: - First Cause of Action – Negligence as to Plaintiffs - Second Cause of Action – Negligent Hiring, Retention or Supe...

Excerpt: ...intiff's complaint. Defendants argue that Plaintiff has failed to state facts sufficient to constitute a cause of action for the following: - First Cause of Action for Battery - Third Cause of Action for Intentional Infliction of Emotional Distress - Fourth Cause of Action for Fraudulent Concealment - Fifth Cause of Action for Private Nuisance - Sixth Cause of Action for Public Nuisance - Seventh Cause of Action for Breach of Contract Defendants ...

Excerpt: ...ion for Summary Judgment 2. Declaration of David K. Dorenfeld and Exhibits 3. Plaintiff's Separate Statement of Genuine Issues of Disputed Material Facts REPLY PAPERS 1. Reply Brief 2. Evidentiary Objections to Plaintiff's Evidence 3. Reply to Opposition to Defendant's Separate Statement of Undisputed Material Facts and Supporting Evidence; Response to Plaintiff's Additional Facts BACKGROUND On October 12, 2021, Plaintiff Clayton Hosmann filed a ...

Excerpt: ...t amended complaint (FAC) was filed on February 10, 2022. The answers were filed March 17, 2022. The trial date initially set for May 2, 2023 was continued to October 24, 2023. On May 19, 2023, Defendants moved for summary judgment with a hearing date of May 20, 2024, the earliest available date. Defendants now move to continue trial so that their motion for summary judgment can be heard before trial. In the alternative, Defendants ask the Court ...

Excerpt: ...ven Jagoda Co. Tr.; Justin K. Jagoda; Steven D Co. Tr and Justin Jagoda Trust; and Does 1 to 50, claiming the assault took place on Defendants' property (“the Property”). On April 18, 2023 Plaintiff took the deposition of Justin Jagoda (Defendant) and asserts that Defendant improperly refused to answer certain questions about the owners of the property by his counsel's direction. Plaintiff now moves to Compel Answers to Questions Not Answered...

Excerpt: ...e §11580.2(f)(2) and Miranda v. 21 st Century Ins. Co. (2004) 117 Cal.App.4th 913, 921-926. Petitioner filed the petition to bring before the court a discovery dispute between parties to the pending Uninsured Motorist Arbitration (the “Arbitration”). The arbitration and this petition arise from an automobile collision that occurred on September 15, 2020. The at-fault driver, Yaris Rodriguez, was operating her vehicle without adequate insuran...

Excerpt: ...her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorney's sworn affidavit attesting to the attorney's mistake, inadvertence, surprise or neglect “unless the co...

Excerpt: ...ortions of the complaint: 1) Page 2 lines 24-25: “UNDER THE INFLUENCE OF A SUBSTANCE, (despicable conduct)” 2) Page 2, line 27: “UNDER THE INFLUENCE OF A SUBSTANCE, (despicable conduct)” 3) Page 2, line 28: “be under” and page 3 lines 1: “the influence and” 4) Page 5, line 8: “6. For punitive damages” No opposition has been filed. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party...

Excerpt: ...laintiff argues the subpoena for his employment records is (1) an invasion of his privacy; (2) or in the alternative, overly broad in scope. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, 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 mot...

Excerpt: ...omplaint was filed on August 4, 2022. On March 15, 2023, LACMTA was served with the summons and complaint. On June 14, 2023, LACMTA filed an answer. On June 15, 2023, LACMTA filed a cross-complaint against the City of Los Angeles (the City). On June 28, 2023, the City filed a cross-complaint against LACMTA. On July 18, 2023, LACMTA filed an answer to the cross-complaint. On August 18, 2023, LACMTA brought this motion to continue trial. The City d...

Excerpt: ...oved to continue trial, arguing that Defendant had not been served. On June 12, 2023, Plaintiff filed proof service of the summons and complaint on Defendant. On June 27, 2023, Defendant filed their answer. Trial is set for December 15, 2023. Plaintiff moves to continue the trial to at least December 27, 2024 in order for discovery to occur. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring...

Excerpt: ...aint was filed on January 29, 2021. The first amended complaint (FAC) was filed on July 14, 2021 against the City of Los Angeles (the City) and Does 1 to 100. On July 22, 2021, Defendants were substituted for Does 51 and 52. On September 3, 2021, the City filed a cross-complaint against ROES 1 to 20. On September 21, 2021, Defendants filed an answer to the FAC and a cross- complaint against the City and ROES 1 to 100. The City filed an answer to ...

Excerpt: ...pposition was filed. ANALYSIS A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cross-complaint). (Code Civ. Proc. §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not the function of the demurrer to challenge the truthfulness of the complaint; and for pur...

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: ...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: ...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: ...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: ... Plaintiff filed their First Amended Complaint. On August 2, 2023, Plaintiff moved to compel the deposition of Non-Party Google LLC's (Google) Person Most Knowledgeable. Plaintiff asserts that he properly served a valid deposition subpoena for personal appearance with production of records on Google LLC, who refused to appear. LEGAL STANDARD Code of Civil Procedure § 2025.450(a) provides, “If, after service of a deposition notice, a party to t...

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