Excerpt: ...tion on the grounds that it is uncertain and fails to state facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.¿(City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc.¿(1998) 68 Cal.App.4th 445, 459.)¿¿“We treat the demurrer as admitting all material facts properly pleaded but not conte...

Excerpt: ...es liability and negligence relating to a February 29, 2016 slip and fall. Plaintiff moves to quash Defendant's subpoena directed to Department of Health Care Services for “[a]ny and all insurance records, Medi-Cal records, Medicare claim information, correspondence, payments, claims, billing records, treatment authorization request forms, and any other documents contained within the insurance/medical file pertaining to [Plaintiff]” on the gr...

Excerpt: ...Insurance Company seeks an order compelling Respondent Edilma Palencia's attendance and testimony at her remote deposition. Respondent claims she sustained injuries and damages from a June 28, 2018 motor vehicle accident. Respondent commenced an underinsured motorist arbitration on June 22, 2020. Defendant served a notice of deposition on August 18, 2020 scheduling a deposition for October 19, 2020. This was taken off calendar and rescheduled for...

Excerpt: ...ctively, “Plaintiffs”) filed this action against Defendants Berberian Enterprises, Inc. dba Jons Marketplace (“Defendant”) (erroneously sued as “Berberian Enterprises, Inc. dba Jons International Marketplace”). Plaintiff alleges that on April 16, 2019, he was working in the rafters to install cable lines for Defendant when a wooden stud broke away, causing him to fall through the ceiling and onto the ground. Plaintiffs assert causes o...

Excerpt: ...oration, Gary McElmurry (“Defendant”), Willie Curry-Barnes, and Greg Carter II arising from an August 1, 2018 slip and fall. Defendant moves to quash service of the summons and complaint on the grounds that Plaintiff did not establish a reasonable attempt to personally serve Defendant or show that Defendant took affirmative steps to evade or avoid service in order to justify resorting to substituted service. Defendant also argues that substit...

Excerpt: ...ther response and production of documents to Request for Production of Document, Set No. 3, Nos. 17-22 and for monetary sanctions in the amount of $1,520 against Plaintiff and counsel of record. On April 26, 2018, Plaintiff Sutha Sachar filed this action alleging that she was injured on October 8, 2017 when pictures on a display fell over, causing scrapes and lacerations. Defendant contends that Plaintiff is making loss of income claims of $50,00...

Excerpt: ...inst Susan Birney. “Motor Vehicle” and “General Negligence” are checked in Item 10 of the form Complaint but no attachments for these causes of action are included. Defendant moves for judgment on the pleadings as to Plaintiff on the grounds that Plaintiff's deemed admissions show that he cannot state facts sufficient to constitute a cause of action against her. II. LEGAL STANDARD “A motion for judgment on the pleadings performs the sam...

Excerpt: ...icle accident. On January 26, 2020, the Court issued a minute order ordering Plaintiff to serve verified responses without objections to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Production of Documents (Set One) within 20 days. Plaintiff did not do so. Defendant now moves for terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those...

Excerpt: ...fs Frank J. Rios (“Mr. Rios”), Erika Susana Rios (“Mrs. Rios”), and Katelin Rios (“Katelin) filed this action (the “Rios Action”) against Defendants Glendora Unified School District (“Defendant”) and Ramin Khatab aka Jake Khatab Ramen (“Jake”). On March 27, 2019, Plaintiffs Nadia Nichols (“Ms. Nichols”) and Audrey Rodriguez- Uribe (“Audrey”) filed an action against Defendant and Jake, captioned Nichols v. Glendora Un...

Excerpt: ... February 6, 2020, Plaintiff Manijeh Mohebaliyan filed this action against defendants Yard House USA, Inc. (“Yard House”), Darden Concepts, Inc., Lemont Nicholson (“Nicholson”) and Logan Ward (“Ward”) for premises liability and general negligence. Plaintiff alleges that on January 25, 2020, she was a patron of the Yard House when she slipped and fell on a step located next to the restaurant's check-in deck. At issue in this Motion is ...

Excerpt: ...t Defendant City of Los Angeles (“Defendant”) and Aaron Jacob Koester arising from a July 9, 2019 auto accident that caused personal injuries and property damage. Defendant moves for judgment on the pleadings and argues Plaintiff's action should be dismissed because she failed to comply with the claims presentation requirements of Government Code section 945.4 and failed to petition for relief from such failure. II.LEGAL STANDARD¿ “A motio...

Excerpt: ...LB Management, LLC, Park La Brea Management, and Crown Building Maintenance Co. Plaintiff asserts causes of action for negligence and premises liability arising from a December 27, 2017 trip and fall involving an uncovered trench/hole/fence/post. Defendants PLB Management, LLC and Crown Building Maintenance Co. (collectively, “Defendants”) filed this motion to compel Plaintiff to submit to two independent medical examinations on April 26, 202...

Excerpt: ...endant Martin Ibarra Alvarez arising from an August 31, 2019 motor vehicle accident. Plaintiff alleges causes of action for motor vehicle negligence and negligence per se and alleges that Defendant was intoxicated at the time of the accident. Defendant moves to strike portions of Plaintiff's complaint. II.Meet and Confer “Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who f...

Excerpt: ...laintiff Jennifer Nations filed this action against Defendants Sergio Bahena Landscaping (erroneously sued as Sergio's Landscaping”), Hidden Falls Property Management, Farrow Property, Paul Ottosi (“Paul”), Linda Ottosi (“Linda”), Estate of Paul Ottosi (“Ottosi Estate”), Paul H. and Linda G. Ottosi Trust (erroneously sued as “P & L Living Trust”) (the “Ottosi Trust”), Hidden Falls Lancaster, LLC, and Hidden Falls, LLC. As of...

Excerpt: ...ents of the University of California (erroneously sued as “Joshua Cohen M.D. and UCLA Dept. of Obstetrics & Gynecology”) for medical malpractice arising from a December 22, 2015 surgery to remove an ovarian cyst. Plaintiff alleges that the surgery was negligently performed and she had pain and numbness after surgery. Joshua Cohen, M.D. (“Dr. Cohen”) stated that Plaintiff's body was still in recovery mode. Plaintiff's body recovered and by...

Excerpt: ...intiff Gricelda Soriano Dorado, individually and as the personal representative of Martin Dorado, Moises Dorado, Jesus Dorado, and Diego Dorado, filed this action against Ardis Lee Brown, Jr. (“Brown”), Avis Budget Group, Inc., PV Holding Corporation, and Avis Rent A Car System (collectively, Avis Budget Group, Inc., PV Holding Corp., and Avis Rent a Car system, LLC is referred to as “Moving Defendants”). Plaintiffs allege that on October...

Excerpt: ...�) filed this action against Defendant Dr. Peyman Sadat. Plaintiffs assert a claim for “medical malpractice” for a misdiagnosis, “neglenant [sic]”, “lies,” “hiding medical file”, “delay in treatment”, “fraud” and “not caring Doctor for his patients [sic].” Plaintiffs generally allege that “there are many wrong things that [Defendant] did and [Plaintiffs] have a lot of evidence to prove [Defendant] guilty.” Plaintif...

Excerpt: ...Ryan Kaplan, Margaret Kaplan, and Ryan Kaplan, Inc. (collectively, “Plaintiffs”) filed this action alleging motor vehicle negligence and negligence per se against Defendants Guillermo Oswaldo Cabrera (“Cabrera”), Intervention Services, Inc. (“Intervention Services”), Carousel Child Care, Inc. (“Carousel, Inc.”), Carousel Child Care Corporation (“Carousel, Corp.”), and Maria A. Davis f.k.a Maria A. Crisp (“Davis/Crisp”). Th...

Excerpt: ...cle accident. Plaintiff alleges that Defendant ran a red light and collided into the side of her vehicle at high speed. Defendant moves to strike Plaintiff's request for punitive damages in Item 14a of the Complaint. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon a motion, or at any time in its disc...

Excerpt: ...ing from an October 8, 2019 car accident. On September 21, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”), which claims Plaintiff sustained loss of earnings and capacity. Plaintiff seeks to quash Defendants' subpoena to his employer, Long Beach City College (the “Subpoena”). The Subpoena requests: Any and all documents and records, including but not limited to, payroll, personnel, employment and wage records including...

Excerpt: ...1:30 p.m. March 26, 2021 I. INTRODUCTION On September 30, 2019, Plaintiff Elvia C. (“Plaintiff”) filed this action against Defendant Yang Ja Choi (“Ms. Choi”) and Premier Resources Hoover, Inc. asserting causes of action for: (1) sexual battery, (2) intentional infliction of emotional distress (“IIED”), (3) assault, (4) negligence, and (5) premises liability. On September 21, 2020, Plaintiff added Kyu Suk Choi (“Mr. Choi”) as a Do...

Excerpt: ...and Vadim Olshansky arising from a July 11, 2018 motor vehicle accident. Plaintiff alleges Defendant was operating or otherwise distracted by a mobile device which warrants a punitive damages award. Defendant moves to strike Plaintiff's request for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The co...

Excerpt: ...nd Daser Saguion Desahagun arising from a November 30, 2020 three-car accident. Plaintiff asserts a cause of action for negligence and requests punitive damages, alleging that she was rear-ended and that “[Defendants'] insurance companies are refusing to take responsibility to repair [her] car, pay for a rental car, and most likely refuse [sic] to pay for [her] medical bills.” (Compl., GN-1.) Defendant moves to strike Plaintiff's requests for...

Excerpt: ...Plaintiff”) and Saib Daoud (“Daoud”) (collectively, “Plaintiffs”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). Defendant Myron Mariano, M.D. (“Defendant”) moves for summary judgment on the grounds that he complied with the standard of care in his care, he did not cause Plaintiff's injuries, and absen...

Excerpt: ... without a guardian ad litem against Defendants Los Angeles Unified School District (“LAUSD”) and Krishna Smith (“Smith”). Plaintiff asserts causes of action for negligence, assault, battery, false imprisonment, constitutional rights violation of 42 U.S.C. § 1983, negligent infliction of emotional distress, and intentional infliction of emotional distress. LAUSD demurs to each of these causes of action on the grounds that they fail to st...