Excerpt: ...zar (collectively, “Plaintiffs”) filed this action against Defendants Daniel Bromberg (“Bromberg”) and Jeffrey Girard (“Girard”) (collectively, “Defendants”) for personal injuries stemming from a campaign of harassment and intimidation against Plaintiffs. Defendants were personally served with the summons and complaint on August 19, 2019. However, Defendants failed to file an answer. On October 17, 2019, Plaintiffs dismissed Girar...

Excerpt: ...y sued as Cinemark). Gagua asserts causes of action for battery and negligence against Defendant and alleges Defendant's employee attacked her while she was at the movie theater and wrestled away a bag of drinking cups that a cashier had given to her. 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, Fenn...

Excerpt: ...nts Sammy Chan, M.D., Mardiros Mihranian, M.D., and Edmon Melikterminas, M.D. (“Defendant”) arising from the death of Movses Ter-Oganesyan (“Decedent”) on October 6, 2018. Decedent was admitted to Glendale Memorial Hospital for treatment of an evident small bowl obstruction but it was later determined that Decedent suffered from mesenteric ischemia. Defendant moves for summary judgment on the grounds that he did not breach the standard of...

Excerpt: ...nst defendants AHMC Whittier Hospital Medical Center, LP (erroneously sued as AHMC Healthare, Inc.) (“Defendant”) and Allen Lu, M.D. (“Dr. Lu”) (collectively, “Defendants”) for medical malpractice arising from a September 7, 2017 left-shoulder arthroscopy and bicep tenotomy. Dr. Lu is an orthopedic surgeon who performed this procedure. Plaintiff alleges that Defendants caused an adverse skin reaction resulting in a keloided scar. Defe...

Excerpt: ...ctice action against defendants Glendale Adventist Medical Center (“Glendale Adventist”) and Gevorg A. Mutafyan, M.D. (“Defendant”) arising from the death of Alejandro Sanchez (“Decedent”) following bariatric surgery on January 11, 2018. Plaintiff is the Decedent's father and alleges Defendant negligently performed the surgery so as to cause a anastomotic hole and failed to recognize and repair the hole. Defendant moves for summary ju...

Excerpt: ...st defendant Todd Barrett (“Barrett”) and Whole Foods Market (“Whole Foods”) (collectively, “Defendants”) arising from an altercation in the parking lot of a Whole Foods Market. On April 28, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) and asserts six causes of action against Barrett: negligence, premises liability, assault, battery, intentional infliction of emotional distress (“IIED”) and negligent con...

Excerpt: ...tion against defendant Trader Joe's Company (“Defendant”) for injuries arising from a trip and fall inside a grocery store. On November 26, 2019, Plaintiff stated in her discovery responses that her bodily injuries included left and right shoulder injuries. On April 17, 2020, Defendants served three subpoenas for Plaintiff's medical, billing, and radiological records from Sutter Health-Mills Peninsula (“Sutter Health”). Plaintiff moves to...

Excerpt: ... negligence, and public nuisance. Plaintiff alleges that on June 17, 2018, he was hit by an electric motorized scooter operated by an unknown individual (“Doe”). The electric motorized scooter was owned by Bird and rented out as part of Bird's scooter-rental business. Bird demurs to all three causes of action asserted against it on the grounds that they fail to state sufficient facts and are uncertain. Bird also moves to strike Plaintiff's pu...

Excerpt: ...sly sued as “Neutron Holdings, Inc. dba LimeBike”) and Segway, Inc. (“Segway”) (collectively, “Defendants”). Plaintiff alleges Lime distributes electric motorized scooters for sale and/or rental and Segway manufactures the scooters. (Compl., ¶¶ 3- 4.) Plaintiff alleges that on June 21, 2018, he rode a motorized scooter that “malfunctioned and/or abruptly stopped thereby causing [him] to be propelled over the handle bars [sic] and ...

Excerpt: ... M.D., and Elena Janev (collectively, “Defendants”) for professional negligence and negligence. Plaintiff alleges injuries arising from a laser hair removal treatment on September 8, 2018. Defendants petition the Court to compel arbitration of this matter, claiming that on May 19, 2017, Plaintiff executed an Acknowledgement, Consent, Waiver, & Release Form which contained an arbitration clause. A second Acknowledgement, Consent, Waiver, & Rel...

Excerpt: ... arising from a May 11, 2018 trip and fall. On January 31, 2020, Plaintiff named Peripheral Resources, Inc. (“Defendant”) as a Doe defendant. Defendant moves for judgment on the pleadings on the grounds that the Complaint fails to state sufficient facts as to the first cause of action for negligence. II.LEGAL STANDARD “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects dis...

Excerpt: ...and Olympia Health Care, LLC dba Olympia Hospital (“Olympia”) (collectively, “Defendants”) for medical malpractice and battery arising from a kidney stone removal performed on September 26, 2018. Plaintiff filed a First Amended Complaint (“FAC”) on May 6, 2020. Defendants demur to the causes of action for medical malpractice and battery that are asserted against each of them. II.LEGAL STANDARDS A demurrer tests the legal sufficiency o...

Excerpt: ...017 automobile accident. On January 30, 2020, Plaintiff named American States Preferred Insurance Company (“Petitioner”) as a Doe Defendant. Petitioner issued an automobile insurance policy to Plaintiff that was in effect at the time of the accident. Plaintiff's policy provided for uninsured/underinsured motorist coverage and Plaintiff asserted a claim for those benefits. However, Plaintiff's insurance policy requires that all uninsured and u...

Excerpt: ...ba Glendale Memorial Hospital and Health Center, and Armine Ghazarian, M.D. Defendant Dignity Health has filed 9 Motions to compel further responses from Plaintiffs to Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Production (Set One) which were propounded on each Plaintiff. An IDC was held on June 26, 2020, at which Judge Moreton rescheduled all discovery motions to be heard on September 23, 2020 so that Plain...

Excerpt: ...nce and intentional tort. Defendant demurs to the cause of action for “intentional tort” on the grounds that it 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 d...

Excerpt: ... Medical Center (erroneously sued as Cedar-Sinai Medical Center) arising from urological care and treatment provided in February 2018. Defendant moves for summary judgment on the grounds that there is no triable issue of fact regarding the issues of standard of care and causation. II.FACTUAL BACKGROUND Plaintiff presented at Cedars-Sinai on February 19, 2018. (Defendant's Undisputed Material Fact (“UMF”) No. 3.) Her medical history was taken ...

Excerpt: ... 2019, plaintiff Tracee Walker filed this action against defendant Pico Rents, Inc. dba Pico Party Rents & Sells for negligence. Plaintiff alleges that she was injured at an office when she sat on a chair rented from Defendant. Defendant filed an answer on November 12, 2019. On March 23, 2020, Defendant filed this Motion for leave to file a cross- complaint. Defendant seeks leave to file a cross-complaint against Douglass Emmett & Company and Sam...

Excerpt: ...dants PIH Health Hopsital – Whittier and Samuel Im, M.D. (“Defenadnt”). Plaintiff alleges Defendant failed to properly identify the path of the right ureter and severed it during a January 12, 2018 hysterectomy. Plaintiff also alleges Defendant negligently failed to recognize the damage to the ureter and discharged her with hydronephrosis. Defendant moves to summary judgment on the grounds that he complied with the required standard of care...

Excerpt: ...17 slip and fall in a store. Defendant moves for summary judgment on Plaintiff's sole cause of action for premises liability on the grounds that there is no triable issue of fact as to whether Defendant breached any duty because Defendant did not have actual or constructive notice of the alleged dangerous condition. Defendant also argues that Plaintiff did not slip in water as alleged because she rolled her right ankle and fell. II.FACTUAL BACKGR...

Excerpt: ...terrogatories, Set No. 1. The Form Interrogatories were served on February 18, 2020; Plaintiff's responses, which consisted of objections, were served March 23, 2020. Defendant sent a meet and confer letter on April 16, 2020 and filed a motion on May 7, 2020 requesting further responses to virtually all of the form interrogatories. Plaintiff served verified supplemental responses on June 18, 2020. The parties attended an informal discovery confer...

Excerpt: ...Cerritos arising from a May 23, 2017 trip and fall. Plaintiff alleges two causes of action against Defendant for general negligence and premises liability. Defendant demurs to the Complaint on the grounds that the first cause of action for general negligence fails to state a statutory basis for liability against a public entity as required by the California Tort Claims Act. Defendant also moves to strike Plaintiff's counts of negligence and willf...

Excerpt: ...nt Long Ha, Freddie Del Angel Canche-Hernandez, and Alex Canche arising from an October 15, 2018 car accident. On April 30, 2019, Trang Tran, Theresa Tran, Binh Le (collectively, “Cross- Defendants”) and Ha filed a cross-complaint against Canche-Hernandez and Alex Canche. Ha and Cross-Defendants seek leave to notice a second medical examination for Plaintiff by Steven C. Dennis, M.D., an orthopedic surgeon with sub-specialties in spinal surge...

Excerpt: ...ing from a September 27, 2017 motor vehicle accident. Defendant seeks to compel the mental examination of Plaintiff by Dr. Travis G. Fogel, Ph.D. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a...

Excerpt: ...this action against defendant El Puente Auto Care & Muffler Center, Inc. (“El Puente”) arising from a May 30, 2018 motor vehicle accident. Plaintiff alleges that she was in a passenger in a vehicle driven by Nicole Diaz (“Nicole”). As Nicole was driving down a steep grade, the vehicle's brakes failed and collided with multiple vehicles. Plaintiff alleges the vehicle was owned by Andres and Amalia Diaz (the “Diazes”), who own and opera...

Excerpt: ...intiff Joseph Larnyoh and defendant Azalea Husband were involved in a car accident. Plaintiff subsequently sought treatment from Moshe Wilker (“Dr. Wilker”) five times. Dr. Wilker was deposed on August 27, 2019 and testified that he performed a cyst removal procedure on Plaintiff on January 2, 2017. A post- operative visit took place on January 17, 2017. Plaintiff called Dr. Wilker with complaints of wrist pain and on February 23, 2017, Dr. W...