Excerpt: ...y.” The determination of whether to Page 5 of 9 consolidate two actions is a matter for the trial court's discretion. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515. The purpose of consolidation is to enhance trial court efficiencies and consolidation should be gra nted to: (1) avoid repetitive trials of common issues; (2) avoid unnecessary costs and delays; and (3) avoid a substantial risk of inconsistent adjudications. (Todd -Stenberg v. ...

Excerpt: ... showing t hat one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Importantly, a moving defendant est ablishes a right to summary judgment by showing that the plaintiff lacks the evidence to support at least one element of the cause(s) of action pleaded. (Cole v. Town of Los Gatos (2...

Excerpt: ...ON (MOTION F OR FURTHER SANCTIONS RELATING TO REQUEST FOR PRODUCTION OF DOCUMENTS) CVRI2105527 HERNANDEZ VS COUNTY OF RIVERSIDE MOTION FOR FURTHER SANCTIONS RELATING TO SPECIAL INTERROGATORIES Tentative Ruling: This is a wrongful death action brought by Plaintiffs, Jul ia Hernandez, Ricardo Aguilar, Sr. (“Ricardo”) (because multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect i...

Excerpt: ...on against Defe ndant Asurion Consumer Solutions, Inc. Defendant Asurion demurs to each of these causes of action, on the grounds they are fatally uncertain, and do not allege facts sufficient to state a valid cause of action against Asurion. Defendant also asserts that t he CTAC is a sham pleading. Defendant asserts that Plaintiff's Third Amended Complaint, and the corrected version, constitutes a “Sham Pleading” in that she omitted allegati...

Excerpt: ...021, the Insured pur chased a workstation cubical (“cubical”) designed, manufactured, distributed, and/or sold by Defendants Herman Miller, Inc. (“HMI”) and GM Business Interiors (“GM”) (collectively “Defendants”). Plaintiff asserts that Defendants also installed the cubical prior to March 5, 2021. The cubical includes a light fixture. Plaintiff alleges that on March 5, 2021, the light fixture failed causing a fire that resulte...

Excerpt: ... property and i ts value; (4) the location of the property and if it is within private property, a showing that there is probable cause to believe that such property is located there; and (5) a statement that the property has not been taken for tax, assessment, or fine, u nder a statute; or seized. CCP § 512.010(a). Unless the court finds that the defendant has no interest in the property, the court shall not issue a writ of possession “unti...

Excerpt: ...d. Plainti ffs Elliot A. Schutzer and Aileen P. Schutzer individually, and as trustees of the Schutzer Trust 2002 dated April 19, 2002 (“Plaintiffs”) are the owner a large residential property located in Rancho Mirage (“Subject Property”). On May 18, 2020, Plaintiffs entered into a written construction contract (“Contract”) with Defendant Engstrom Construction, Inc. (“ECI” or “Defendant”) for a major remodeling project for the...

Excerpt: ...ime, before or after c ommencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) Since judicial policy favors the resolution of all disputed matters between the par ties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great l...

Excerpt: ...ing: The Court sustains EM WDFC's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains EMWD's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains both EMWDFC and EMWD's demurrer to Plaintiff Vasquez, without leave to amend . As the pleadings are not at -issue, the Court shall on its own motion continue the CMC hearing to 7/31/24 at 8:30am. All parties are ordered to submit updated CMC sta...

Excerpt: ...ffs”) were employed by Odes USA, Inc. (“Odes”) as customer service representatives. They allege that Odes has failed to provide them or pay them for missed meal and rest breaks, failed to timely pay wages, and failed to pay for earned sales commission. They contend that Toa Wang aka Sarah Wang (“Wang”), Odes' Chief Executive Officer, harassed the Plaintiffs by making comments that women were better workers than men and made offensive co...

Excerpt: ...nty manifested within the a pplicable warranty period, which AHM's authorized facility Defendant Lake Elsinore Honda was unable to repair. (Complaint, ¶¶ 11 -16.) The Complaint sets forth five causes of action: (1) Violation of Song Beverly -Breach of Express Warranty; (2) Violation of Song Beverly - Breach of Implied Warranty; (3) Violation of Civil Code § 1793.2 and (4) Negligent Repair (against Lake Elsinore Honda). AHM now moves to compel...

Excerpt: ...nses to Deposit ion Questions numbers 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 22, 23 25 and 27. Sanctions not imposed pursuant to agreement between parties that “sometimes there are issues that just need the court to resolve (Harnik Decl.) Moving party to provide notice pursuant to CCP 1019.5. This is an employment law case in which Plaintiff Norma Castellanos alleges 17 causes of action for: 1) gender harassment, 2) sexual harassment, 3) failur...

Excerpt: ...aulted Plain tiffs resulting in injuries. (Complaint, ¶¶ 12 -26.) Plaintiffs allege that Defendants Dawson, Francis and Scott were coaches for Defendant Menifee Elite Athletics Sports, LLC (“Menifee Elite”). (Complaint, ¶¶ 43 -44.) On 12/7/22, Plaintiffs filed this Com plaint alleging claims against Defendants Menifee Elite, Dawson, Francis and Scott, for: 1) Assault and Battery; 2) Intentional Infliction of Emotional Distress; 3) Negli...

Excerpt: ... SHARONA ESLAMBOLY HAKIM as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for Failure to file timely proof of service on all cross -defendants pursuant to CRC 3.110(c). C.C.P. §473(b) allows relief from a default or dismissal where there has been a mistake, inadvertence, surprise or excusable neglect. Relief on these grounds is discretionary. (C.C.P. § 473(b); Lorenz v. Commercial Accept. Inc. Co. (1995) 40 Cal.Ap...

Excerpt: ...e means, an d (2) The arbitrator exceeded his powers, and the award cannot be corrected. The crux of this case is that petitioner Robert Malone submitted a fraudulent arbitration claim to the California Dispute Settlement Program (CDSP)1 for a used vehicle which he ne ver really purchased. Malone concealed this fact from TMS and from the CDSP arbitrator and duped the arbitrator into awarding him a replacement vehicle. TMS discovered the fraud whe...

Excerpt: ...ome in Palm Springs to be closer to DRMC. Defendant CEP America, General Partnership dba Vituity (“Defendant”) contracted with DRMC to replace Envision. Defendant hired every other physician who provided services at DRMC through Envision, but refused to hire Plaintiff. Plainti ff contends that he was denied unemployment solely because he was engaged in active litigation against the Regents of the University of California (“Regents”) which...

Excerpt: ...le a Joint Status Statement no later than 10 days before the continued hearing date of any outstanding issues. Factual / Procedural Context On November 11, 2022, Plaintiff Armando Tapia (“Plaintiff”) entered into a warranty contract with Defendant Hyundai (“Defendant ”) regarding a 2023 Hyundai Ioniq 5 (the “Vehicle”), which was manufactured and distributed by Defendant. During the warranty period, the Vehicle contained or developed d...

Excerpt: ...d. Factual and procedural background: Plaintiff Hudson Insurance Company (Hudson) filed its initial Complaint on 1/20/2023, and its First Amended Complaint (“FAC”) on 5/17/2023, against Defendant Richard N. Maksoud alleging a single cause of action for breach of con tract. The contract at issue is an indemnification agreement. Plaintiff is a surety. This indemnification action follows claims and civil actions brought against it by alleged ...

Excerpt: ...the trash bin gat e, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defendants, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premises were in a dangerous and unsafe condition. P...

Excerpt: ...dants, Ford Mo tor Company (“Ford”) and Raceway Ford (together “Defendants”) asserting the following causes of action: (1) violation of Civ. Code § 1793(d) [against Ford only]; (2) violation of Civ. Code § 1793(b) [against Ford only]; (3) violation of Civ. Code § 1793(a) (3) [against Ford only]; (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement – concealment [against Ford only]; and ...

Excerpt: ... 14th, 15th, 16th, and 17th causes of action; sustained without leave to amend as to the 12th cause of action; overruled as to all remaining causes of action. This action alleges a bait -and -switch scheme that drew Plaintiffs into investing in real estate that could be quickly “flipped” with a guaranteed return. Plaintiffs Copp and Fugazzi each allege they were drawn into this scheme and allege the following causes of action: (1) fraudulent...

Excerpt: ...y FM Resta urants El Torrito OPOC, LLC (“El Torrito”). She contends she was injured when an employee carrying a tray negligently hit Plaintiff in the head with the tray. The complaint asserts one cause of action for negligence. Plaintiff's counsel failed to appear a t a trial setting conference, which resulted in the Court setting an OSC as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for failure to appear at th...

Excerpt: ...or Plaintiff to obta in a conditional use permit. The contract cost was to be $304,147.15 inclusive of labor and materials. Plaintiff alleges that Mirage failed to perform in a workmanlike manner and overbilled in excess of $70,000. Plaintiff also alleges that he hired Defenda nt Van Surveying, Inc. (“Van”) to perform a survey of the Subject Property. Plaintiff alleges that Van was negligent and breach its obligations to Plaintiff by improper...

Excerpt: ...Judgment Cre ditor”) and against defendant David Ross (“Judgment Debtor”) in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. Between December 20, 2023 and January 26, 2024, Judgment Creditor served 21 subpoenas duces tecum on various third parties for records related to Judgment Debtor's assets (collectively “Subpo...

Excerpt: ...eld in YOUR na me since 2005, that directly or indirectly contain (or ever contained) funds the source of which is YOUR parents, or their will(s), trust(s), investments, properties, or income; and (2) Identify the financial institution and account number for all charge a ccounts in the name of a person other than YOU that YOU have used since 2005, that directly or indirectly were paid using funds the source of which is YOUR parents, or their wil...