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: ...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: ...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...