Excerpt: ... William and Wrenn Chais 1994 Trust; and Wrenn Chais, as Trustee of the William and Wrenn Chais Trust 1994 (Defendants). Plaintiff served a demand for inspection of the subject premises and staircase. Defendants now move for a protective order to prohibit inspection entirely, or in the alternative, limit the scope to the subject staircase where Plaintiff fell and require any person inspecting to sign a liability waiver. Plaintiff opposes and Defe...

Excerpt: ...ng it is uncertain and fails to state facts to constitute a cause of action against a public entity. LEGAL STANDARD 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 th...

Excerpt: ...ed a Target store at the Figat7th mall (“Mall”) and stabbed customers with a knife. Plaintiff in this case alleges he was employed as a security guard by Watermark Security Group Inc., which had a contract with Target Corporation to guard the subject store. (Complaint ¶ 1, 6.) He also alleges that BOP Figat7th LLC contracted with Universal Protection Service, LP to provide security at the Mall. (Id. ¶ 5.) Plaintiff alleges he responded to t...

Excerpt: ...nal infliction of emotional distress (IIED). Defendants United Nationwide Security Services and Robert Soesoe (Defendants) now move to strike references to punitive damages in the negligent hiring, assault, battery, and IIED causes of action and in the prayer for relief. Plaintiff opposes and Defendants reply. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, o...

Excerpt: ...nt. Plaintiff James V. Beer (Plaintiff) now moves to quash four deposition subpoenas issued by Defendants to Plaintiff's schools and speech therapists. Plaintiff objects that the information sought is overbroad, is privileged, and violates a privacy right. Defendants oppose and Plaintiff replies. LEGAL STANDARD “Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena...

Excerpt: ... deposition subpoena set for September 22, 2023. (Fabrega Decl. ¶ 4.) Abrams did not appear. Defendants then sent a meet and confer correspondence to Abrams asking for an explanation or alternative dates no later than September 29, 2023. When Abrams did not respond, Defendants filed this motion on October 2, 2023. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, writ...

Excerpt: ...ppendix of Exhibits of Defendant OPPOSITION PAPERS 1. Plaintiff's Response to Notice of Motion and Motion of Defendant, Mark Mikhael, M.D., for Summary Judgment 2. Plaintiff's Response to Undisputed Material Facts and Evidence 3. Appendix of Exhibits of Plaintiff in Support REPLY PAPERS 1. Reply to Plaintiff's Opposition BACKGROUND On September 22, 2021, Plaintiff Linda Van Cleave (Plaintiff) filed a complaint, in pro per, against Defendant Mark ...

Excerpt: ...ed with leave to amend. (Min. Order, 8/3/22.) On April 5, 2023, Plaintiff filed a first amended form complaint. On August 21, 2023, the Court sustained Defendant's demurrer with leave to amend and granted Defendant's motion to strike punitive damages without leave to amend. (Min. Order, 8/21/23.) On August 25, 2023, Plaintiff filed a purported second amended complaint entitled “Response to Demurrer Amended Pleading.” On September 28, 2023, Pl...

Excerpt: ...ability. Answers were filed on May 21, 2021 and June 9, 2021. On August 16, 2023 the Court signed a joint stipulation and order continuing the trial from September 18, 2023 to December 4, 2023. The order specified that all non-expert discovery will follow the previous trial date of September 18, 2023. Defendants Access Pacific, Inc. and City of Santa Monica (Defendants) now move to reopen discovery for the limited purpose of conducting Plaintiff ...

Excerpt: ...mination of Plaintiff Jessica Sernas (Plaintiff). 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. (2) The examination is conducted ...

Excerpt: ...ng. Defendant Ralphs Grocery Company (Defendant) opposes. 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 and copying. (Code Civ. Proc., § 2025...

Excerpt: ...emurs to the complaint on the basis that it fails to state facts that constitute a cause of action, has a misjoinder of the parties, and is uncertain. 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 be said to affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, ...

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: ...e answer was filed on June 7, 2022. On July 28, 2023, a substitution of attorney was filed for Defendants' current counsel. Trial was originally set for October 23, 2023. On August 23, 2023, the Court granted Defendants' ex parte application in part and continued the trial to November 16, 2023. Defendants now move to continue the trial date to April 22, 2024 or soon thereafter. ANALYSIS Legal Standard “Continuances are granted only on an affirm...

Excerpt: ... Laraya M. Parnell 4. Declaration of Brian Cecil OPPOSITION PAPERS 1. Plaintiff's Opposition; Memorandum of Points and Authorities; Declaration of Nina Sargsyan 2. Separate Statement in Opposition 3. Plaintiff's Objections to Evidence 4. Plaintiff's Evidence in Opposition REPLY PAPERS 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply Separate Statement 3. Objection to Plaintiff's Evidence 4. Response to Plaintiff's Object...

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: ...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 ...