Excerpt: ... to support the conclusory allegation that the defendant's actions were reckless. The facts alleged support nothing more than standard negligence. ...

Excerpt: ...ns set forth below. Issue 1 is directed to the first cause of action (“COA”) for declaratory relief. Summary judgment on a declaratory relief COA is proper where the controversy is as to past conduct, money damages would be an adequate remedy, and the COA is redundant of other claims. (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 909–910.) Plaintiff Javier Ospina (“Plaintiff”) effectively concedes in the Opposition that...

Excerpt: ...development Agency of City of San Diego v. San Diego Gas & Elec. Co. (2003) 111 Cal. App. 4th 912, 921. Although the Complaint states, “plaintiff's assignor,” (pg. 2 § 9; pg. 3 BC-1) there is no indication who the assignor is, what rights were assigned (if any) to Plaintiff, when the rights were assigned, how the rights were assigned, what was exchanged for the assignment rights (if anything), the assignor's rights to sue Badii, etc. Presuma...

Excerpt: ... statute of limitations, offset). The operative pleading is difficult to navigate, in large part because it is clearly intended as a preemptive strike to any action taken by defendant to collect on the debt. The essential elements of a declaratory relief cause of action are (1) an actual controversy between the parties regarding contractual or property rights (2) involving continuing acts/omissions or future consequences, (3) which has sufficient...

Excerpt: ...vide UIM coverage. Before the Court this day is a demurrer to the Complaint by the employer, Goodyear. Pursuant to CCP §1060, any person interested under a written instrument or contract “may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action [for] a determination of any question of construction or validity arising under the instrument or contract.” The essential elemen...

Excerpt: ...under consideration by the Court and it will listen to further argument. Meet and Confer: The plaintiff's meet and confer efforts were sufficient. The parties were not likely to further resolve any of the issues presented by this motion without the court's involvement. Discovery At Issue: Special Interrogatories, Set One No. 1 - 5, 20 - 28, 31, 32- 39, 45, 48, 49, and 51 request the identity and contact information for witnesses including current...

Excerpt: ...f the requested relief is granted. The Court will therefore GRANT the Motion, and in light of Plaintiff's request, is inclined to reset the trial date to a date in January 2019. The parties should be prepared to discuss specific dates at the time of the hearing. (2) The Motion to Compel Neuropsychological Exam of Plaintiff is GRANTED. Good cause is shown for the requested relief, as Plaintiff has put her mental condition in controversy. (Renaud D...

Excerpt: ... Medical Center, Sea Cliff Healthcare Center, and Kaiser Permanente, as well as the autopsy report, deposition of Luis Garcia, M.D., and the expert declarations of Alan Brown, M.D., and Daniel Wohlgelernter in support of their respective client's Motions for Summary Judgment. Wachtel Dec. ¶ 5. Dr. Wachtel opined that the care and treatment of the decedent while she was under the care of Dr. Hosseinian and Dr. Nguyen complied with the requisite s...

Excerpt: ...is in the opposition papers. To the extent that the Defendants want Plaintiff to identify trade secrets, they can bring an independent motion that focuses on the particular issue. The present generalized request by Defendants for a blanket protective order against discovery, in general, is DENIED at this time, but it is without prejudice to a different motion by the Defendants. In the 4th and 5th causes of action of the FAC, which are for breach ...

Excerpt: ...Complaint ¶¶ 19; 152 ln. 21-23; 160 ln. 23-24; 177 ln. 23-13; 185 ln 15-16) Kaura has provided no arguments at all as to why those items should be struck from the Complaint. Therefore, the request to strike these items is also DENIED. ...

Excerpt: ...ion”) with the Court and served parties via mail, with a hearing date of 05/17/18. This is improper filing and service of a motion. Pursuant to C.C.P. § 1005(b), “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” [Emphasis added.] C.C.P. § 1005(b). The Motion was filed one court day after the filing deadline of 04/25/18, and should have been rejected. Further, if notice is served by mai...

Excerpt: ...agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. . .” Civ. Proc. Code § 1281.2. “[B]oth California and federal courts have recognized limited exceptions to this rule, allowing nonsignatories to an agreement containing an arbitration clause to . ....

Excerpt: ... the last decade embroiled in hostilities. Before the Court this day is a motion to plaintiff to bifurcate the defamation cause of action currently stayed on appeal, and lift or narrow a case wide stay to permit all but the defamation cause of action to proceed. A brief review of this Court's history discloses that the premise behind the pending motion is fatally flawed. On 11/10/16, this Court granted defendant's (Frank) special motion to strike...

Excerpt: ...tration under CCP §1281 et seq, the moving party has the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. Mansouri v. Superior Court (2010) 181 Cal.App.4th 633, 640; Brodke v. Alphatec Spine Inc. (2008) 160 Cal.App.4th 1569, 1575. The burden rests with the party seeking to compel arbitration to establish these three...

Excerpt: ...ue. First, discovery is no longer automatically extended when the trial date is continued. CCP §2024.020(b). Instead, the party making such a request must demonstrate necessity, due diligence, absence of prejudice, and a good faith meet and confer effort to resolve beforehand. CCP §2024.050(a)-(b). Defendants did not submit a motion pursuant thereto to have discovery extended. Moreover, the declaration filed in support of the motion to continue...

Excerpt: ...oad, Anaheim, California 92806; Los Alamitos Medical Center - X-rays, 3751 Katella Avenue, Los Alamitos, California 90720 is DENIED. AUTHORITIES: Although a plaintiff suing for personal injuries waives the physician-patient privilege (Ev.C. § 996), plaintiff still has a right of privacy in his or her medical records. Disclosure thereof depends upon balancing the need for discovery against the need for confidentiality. Ordinarily, discovery of re...

Excerpt: ...ction at trial on 03/19/18, but trial has since been continued. However, since there is a risk of this issue recurring, what with the subpoenas being recently re-issued with the new trial date, this Court will exercise its discretion to reach the motion on the merits. There are two subpoenas at issue, one to plaintiff Palo Capital, and the other to cross- defendant Kevin O'Grady. Both request production of basically the same types of documents pe...

Excerpt: ...ty, other than the memorandum of costs, is her declaration. The only testimony provided in the declaration is the defendant's assertion that "Defendants never served a Code of Civil Procedure Section 998 offer in this action.” Williams Dec. ¶ 2. The assertion is irrelevant because the moving party does not challenge expert witness fees, interest or any costs related to a 998 Order. The motion properly challenges and the plaintiff acknowledges ...

Excerpt: ... application papers were filed, the court received a declaration from plaintiff's counsel stating that the defendant Maxwell was no longer apparently present at a former address in Irvine, California. Further, the application papers and summons were later served on the Defendant more recently, at a residential address in Sunset Beach, California according to a proof of service (see Register of Action # 37 and 48). The Court will hear from the par...

Excerpt: ...vail (see ROA 423). Four days after that, plaintiff tried once again to get past the clerk gate, without success (ROA 426). With all due respect to our own, the clerk of the court had no legal basis for rejecting plaintiff's attempted filings. As before, plaintiff is hereby granted leave to file the 5th Amended Complaint. Chicago's demurrer and motion to strike are thus moot. ...

Excerpt: ...l burden of presenting evidence which supports a finding that there exists no triable issue of fact which would subject Defendant to liability. The defendant Karim has presented evidence which supports a finding that that he did not have or receive any money from Defendant Mahfuz Alam. The defendant Karim has also presented evidence which supports a finding that he and defendant Alam did not engage in any conspiracy to commit fraud against Plaint...

Excerpt: ...proposed Order Granting Attorney's Motion to Be Relieved as Counsel- Civil (form MC-053). See, CRC 3.1362(c) and (e). Additionally, the Notice and Motion must be served on the client and on all other parties. CRC 3.1362(b). Attorney Tamborini filed and served the Notice of Motion and Motion (Form MC-051), but failed to file and serve form MC-052 and form MC-053, as required by CRC 3.1362(e) Additionally, service is improper as the moving paper wa...

Excerpt: ...which codify the sealed records rule. This would actually be the third time this Court has been asked to “seal” from public view something pertaining to the non-party clients these parties are fighting over. It seems a recurring theme that both sides are attempting to “seal” client identities, while at the same time forcing the other side to disclose client identities. The dispute here is strange. On 12/19/17, plaintiff motioned this Cour...

Excerpt: ...�Motion”) is continued to 06/07/18 to allow parties to properly meet and confer and file the necessary supporting documents to their Motion to Strike as required by C.C.P. § 435.5. Parties are to meet and confer no later than 05/28/18. MP is to file and serve the required documents no later than 05/31/18. Additionally, MP is to serve its Motion on defendant Charles A. Jansen, O.D., A Professional Corporation, doing business as Charles Jansen O...

Excerpt: ...'s order. Review 1) Mental Health Records The California Supreme Court has recognized the importance of effective treatment of mental illness, and in protecting the right of patient privacy in relation to mental health records. Tarasoff v. Regents of Univ. of California (1976) 17 Cal. 3d 425, 440. “Evidence Code section 1014 provides that a patient has a privilege to refuse to disclose, and to prevent another from disclosing, confidential [] co...