Excerpt: ...nce. Plaintiff alleges that on January 3, 2021, “at or near the 2600 block of Ocean Front Walk in Venice, California,” he was riding his bicycle on the beach bike path behind a motorized vehicle owned by Star Bike Rentals and operated by Benshalom or Does. Plaintiff alleges the motorized vehicle made a sudden left turn in front of Plaintiff, causing him to strike the vehicle and be ejected from his bicycle. (FAC, 4.) Defendant Beachfront Bike...

Excerpt: ...ringing seven causes of action. Defendants' demurrer to six causes of action was sustained with leave to amend. (Min. Order, 9/19/23.) On October 17, 2023, Plaintiffs filed a first amended complaint (FAC). Defendants now demur to the FAC arguing that Plaintiffs have again 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 Emo...

Excerpt: ...on and to stay the proceedings pending completion of arbitration. No opposition has been filed. LEGAL STANDARD The Federal Arbitration Act (FAA) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties 8 LLC (2020) 46 Cal.App.5th 337, 346.) Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to ...

Excerpt: ...san Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. 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 25, 2023, the Court granted a moti...

Excerpt: ...n to March 15, 2024. 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 continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling...

Excerpt: ...rning any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any of the following: “(1) An order striking o...

Excerpt: ...) and it, was made in good faith. Co-defendant North Atlantic Investment Co., LLC (“NAI”) opposes and La Mexicana Meat Market replies. LEGAL STANDARD Under section 877.6 of the Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparat...

Excerpt: ... filed a complaint against Defendants City of Alhambra and Does 1 to 50 for premises liability, general negligence, and dangerous condition of public property. Plaintiff alleges that she tripped and fell on uneven ground at S. El Molino St. and E. Shorb St. in Alhambra, California. Defendant City of Alhambra (Defendant) now moves for summary judgment arguing that no triable issue of material fact exists. No opposition was timely filed. LEGAL STAN...

Excerpt: ...onetary sanctions against all counsel for failure to comply with the 8 th Amended General Standing Order to be ready for the final status conference (“OSC”). Counsel for defendant was ordered to give notice to Plaintiff. (See Minute Order Dated August 29, 2023.) A notice of ruling and proof of service were filed on August 29, 2023. Defendant filed a declaration in response to the order to show cause. On September 12, 2023, Plaintiff again fai...

Excerpt: ... on the property. Defendant filed an answer on November 26, 2019. Defendant then moved for summary adjudication, which was granted in part on August 23, 2022. On October 12, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint. Matsunaga opposes and Plaintiff replies. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or after com...

Excerpt: ...n December 22, 2022. The case was removed to federal court on March 23, 2022 and remanded on January 30, 2023. On September 26, 2023, Plaintiff filed a motion for trial preference, set to be heard on January 2, 2024. Trial is currently set for May 20, 2024. 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...

Excerpt: ... on the basis that Plaintiff's counsel was unavailable on the date. Plaintiff contends the date was set unilaterally. Plaintiff then filed this motion to quash on October 30, 2023. Defendant opposes and Plaintiff replies. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records.¿ (Code Civ. Proc., ...

Excerpt: ...d to respond to warnings about a violent tenant who later shot Plaintiff. Plaintiff now moves to quash seventeen subpoenas issued by Defendant and directed to various medical businesses. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored informati...

Excerpt: ...er Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds that the party has subsequently served a response that is in substantial compliance...

Excerpt: ...re passengers in Ayansa's vehicle, who was driving for Uber. (Complaint, 5.) Uber now moves to compel arbitration and to stay the proceedings pending completion of arbitration. No opposition has been filed. LEGAL STANDARD The Federal Arbitration Act (FAA) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties 8 LLC (2020) 46 Cal.App.5th 337, 346.) P...

Excerpt: ... Compel Deposition 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 and copying. (Code Civ. Proc., § 2025.280, subd. (a).) The party served with a deposition n...

Excerpt: ...orized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) Failing to respond or to submit to an authorized method of discovery constitutes a misuse of the discover...

Excerpt: ...urance Company (Infinity) now moves for leave to file an answer in intervention on behalf of its insured, Baz Mohammad Nomair and A-1 Auto Body, LLC (collectively, “Defendants”). No opposition has been filed. LEGAL STANDARD Code of Civil Procedure section 387(d) provides, “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: . . . (B) The p...

Excerpt: ...aintiff's shoes, responses to Form Interrogatories, Set One, Supplemental Interrogatories, Set One, Requests for Production Set One and Two, and Supplemental Request for Production, Set One. No opposition has been filed. LEGAL STANDARD If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waive...

Excerpt: ...Opposition to Defendants' Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Igor Fradkin 2. Plaintiff's Separate Statement 3. Plaintiff's Evidence in Opposition BACKGROUND On March 1, 2021, Plaintiff Trevor Starks (Plaintiff) filed a complaint against Defendants FG Property Management, Inc. and 1254 W. 10 th Street, LLC (Defendants) and Does 1 to 50 for negligence and premises liability. Plaintiff rented a unit on ...

Excerpt: ..., Western Freight Carrier, Inc. (Defendant) filed an answer. On November 1, 2023, Defendant filed the instant motion for leave to file an amended answer to assert a twelfth and thirteenth affirmative defense of settlement and promissory estoppel. Plaintiffs oppose and Defendant replies. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or after commencement of t...

Excerpt: ...Defendant). Plaintiff also seeks monetary sanctions against Defendant. In the alternative, Plaintiff requests a protective order. Defendant opposes and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: 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 dep...

Excerpt: ...intiff's physical examination pursuant to Code of Civil Procedure section 2032.220. Plaintiff opposes and Defendant replies. 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....

Excerpt: ...Defendant). Plaintiff also seeks monetary sanctions against Defendant. In the alternative, Plaintiff requests a protective order. Defendant opposes and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: 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 dep...

Excerpt: ...dants' Opposition to Plaintiff's Motion for Summary Adjudication; Declaration of Connie L. Benson 2. Defendants' Separate Statement in Opposition REPLY PAPERS 1. Reply to Opposition to Motion BACKGROUND On June 10, 2019, Plaintiff Hiram Ash, in pro per (Plaintiff), filed a complaint against Defendants Coach USA, Inc. dba Megabus West LLC and Megabus, and Does 1 to 50 for negligence, negligent infliction of emotional distress, and breach of contra...