Excerpt: ...Defendants' demurrer is overruled. Plaintiff law firm alleges that a third party minor's father signed a contingency fee agreement with Plaintiff in February 2017. Plaintiff alleges that approximately two months later, Plaintiff was informed the third party had decided to retain another attorney to pursue her personal injury claims. Whether the third party's initial fee agreement with Plaintiff is valid is immaterial to Defendants' demurrer. In c...

Excerpt: ...Act) and breach of contract. In doing so, Plaintiff alleges unlawful acts that can serve as a basis for violations of section 17200. See Lueras v. BAC Home Loans Servicing(2013) 221 Cal.App.4th 49, 81. Indeed, Plaintiff specifically alleges that “[b]y violating the Act, Neff has engaged in unlawful activities, thereby satisfying the ‘unlawful prong' of the UCL [section 17200 et seq.].” FAC ¶ 38. Relying on Prudential Home Mortgage Co. v. S...

Excerpt: ...otion to quash the subpoena to Dr. Stevens is granted. Defendant contends she seeks Dr. Stevens's records to obtain consent forms signed by Plaintiff and photographs of Plaintiff's face, mouth and teeth, and allegedly to prove Plaintiff was dissatisfied with her breast augmentation and “may suffer from body dysmorphic disorder.” None of these purported reasons for seeking Plaintiff's medical records from an unrelated procedure on a different ...

Excerpt: ...2030.290. Plaintiffs did not serve and have not served responses to these sets of discovery. Plaintiffs also did not file an opposition to Defendant's motions to compel. Defendant served the subject discovery requests by mail on August 17, 2017. Keidel Interrogatory Decl. ¶¶ 2-5; Keidel RFP Decl. ¶ 2. Responses were due September 21, 2017. Plaintiffs did not serve and have not served responses. Keidel Interrogatory Decl. ¶¶ 6-7; Keidel RFP D...

Excerpt: ...m Interrogatory No. 6.4.” Form Interrogatory 6.4 asked Plaintiff whether she received any consultation, examination or treatment from a health care provider for any injury she attributes to the incident at issue in this case, and, if so, to identify the provider, the type of consultation, examination or treatment provided, the relevant dates, and the charges to date. After Plaintiff served her responses to Request Nos. 1-7, 9, 10, 14 and 19, he...

Excerpt: ...Proc. Code § 2032.320 (a). Defendant has shown good cause for the second physical examination with a neurosurgeon. Prior to the first examination with the orthopedic surgeon, Defendant had no medical report indicating that Plaintiff needed surgery. Plaintiff's first neurosurgeon, Dr. Alexander Taghva, did not recommend surgery: “Unfortunately I have no surgery to offer patient, can consider NS second opinion.” Ex. E at 3. In Plaintiff's depo...

Excerpt: ...egarding Requests for Production Nos. 1, 6, 11, 13 and 19, Plaintiff's counsel is ordered to send Defendant's counsel a letter by February 1, 2018 stating whether Plaintiff has withheld any documents responsive to Requests for Production Nos. 1, 6, 11, 13 and 19 on the basis of any of the objections stated in Plaintiff's responses (initial and supplemental, if supplemental responses were served) to those Requests for Production. If Plaintiff has ...

Excerpt: ...gh inadvertence, THE PART DRAWINGS, any portion of THE PART DRAWINGS, and/or any drafts or earlier or later versions of THE PART DRAWINGS.” Plaintiff responded with an objection that the interrogatory is compound and further responded “Responding Party has never made the part drawings publicly accessible through inadvertence or otherwise.” Civil Procedure Code § 2030.060(f) states: “No specially prepared interrogatory shall contain subpa...

Excerpt: ...ant responded to Form Interrogatory No. 209.2 with only objections. Plaintiff's motion is granted, as limited by this ruling. Defendant is ordered to respond to Form Interrogatory No. 209.2 limited as follows: Except for this action, in the past five years has any employee employed in Defendant's Central Business Office or employed in any office overseen or supervised by the Senior Regional Director of Patient Accounting of West Region filed a ci...