Excerpt: ...enhower Medical Center continued to treat Plaintiff and eventually discharged him with a dislocated hip. Plaintiff returned the day after discharge where he was diagnosed with the dislocation of his hip. Defendant Sinha performed another hip surgery, where he notic ed a new fracture along his femur, requiring additional cabling to secure the fracture. Plaintiff now has a leg length discrepancy that continues with pain. Plaintiff's husband, Plaint...

Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) filed a Complaint against ...

Excerpt: ...ll 4/19/24 discovery motions: Plaintiffs purchased a 2022 GMC Sierra 1500 Limited, manufactured by General Motors, LLC (“GM”). They contend the vehicle has defects and nonconformities. They contend that they brought the vehicle to Dutton Motor Company (“Dutton”) nu merous times and it failed to properly repair the vehicle, failed to tow the vehicle to its facility, and failed to provide Plaintiffs with a loaner vehicle. The complaint asse...

Excerpt: ...Amended Comp laint (FAC) for negligence that after Riverside County sheriff deputies arrived at the scene of a murder, they dragged decedent's body behind a police vehicle, and in the process of dragging the body, decedent's pants slid down, exposing his genitals. Plai ntiff alleges that decedent's body lay with the genitals exposed for eight hours while the deputies and other law enforcement personnel continued to investigate the shooting. Plain...

Excerpt: ...��led must file a cross-complaint before or at the same time as the answer to the complaint or cross -complaint filed against him. (Code Civ. Proc., §428.50(a).) Thereafter, it may only be done by permission of the court. (Code Civ Proc., §428.50(c).) A cross- complaint is either permissive or compulsory. (See K.R.L. Partnership v. Superior Court (2004) 120 Cal.App.4th 490, 498.) Code of Civil Procedure section 428.10, subdivision (a) provide...

Excerpt: ... -425.) The County a ssessed the property value as $35,099,925, but Plaintiffs asserted that the value declined to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46 -187.) On 12/20/21, the Board issued its notice o f d eci si o n . ( AR 16) . O n 2/17/22, the Board issued a final findings of fact. (AR 1 -15.) Pl a i n t i ffs' exp er t , Ben F. Tunnell, III of BTI Appraisal, used both a cost approach and sale...

Excerpt: ...“IIED”); 6th Caus e of Action for Violation of the Ralph Act [California Civil Code §51.7]; and 7th Cause of Action for Gender Violence in Violation of California Civil Code § 52.4 “[A]n employer is vicariously liable for the torts of its employees committed within the sco pe of the employment.” (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296 (Lisa M.).) An employer's vicarious liability may extend to an empl...

Excerpt: ...xt. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. ...

Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...

Excerpt: ...Commerci al Capital Loan Trust 2021-3. The deed of trust secures a $937,500 Note that carried a 7.99% interest rate. (Lawrence declaration, Exhibit “6”.) It should be noted in Plaintiff's Complaint that the alleged interest rate was 9.6%. While in his complaint P laintiff alleges that the property is his personal residence, supporting documents executed simultaneously with the deed of trust show that the property was intended to be operated a...

Excerpt: ...of harassment by Plai ntiff, which the court ruled in Defendant's favor. (Compl. 1.) Plaintiff alleges that the instant action was filed “as a result of [Defendant's] allegations [in the harassment claim] and the recovered damages collected as a result of the [San Bernardino co urt's] ruling in her favor . . . .” (Id.) On February 26, 2024, Defendant filed a Special Motion to Strike pursuant to CCP § 425.16 on the grounds that Plaintiff's ...

Excerpt: ...alleges, amon g other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the ...

Excerpt: ...lution of the federal action(s). Either party may seek to restore the case back to active status pending the resolution of the federal action. Facts/Procedure On September 14, 2023, Plaintiff Eric Jerome Phillips filed a demurrer against the County of Riverside and several other County officials, as well as against several doctors and his former attorney, alleging numerous civil rights violations, including the Bane Act, Ralph Civil Rights Act, ...

Excerpt: ...operating ag reement that gave Defendant a 100% ownership stake in the dealership despite assurances that it would not change the 50/50 ownership agreement. (TAC ¶ 14 - 16.) Plaintiff further alleges that Defendant knew he suffered from dyslexia and he could deceive him by hiding language deep in the agreement (TAC ¶ 16.) Plaintiff alleges that by the time he realized the deception, it was already too late as Defendant had taken title to all of...

Excerpt: ... staying with a large group at a vacation rental property owned and operated by Defendants Avantstay, Inc., Avantstay Real Estate, Inc., Avantstay California, Inc., Avantstay Brokerage and Sean Breuner (collectively “Avantstay” or “Defendants”). Plaintiff alleges that she was using the hot tub in the early hours of the morning. Plaintiff went to an unlit enclosure containing maintenance equipment, which was unlocked where she fell into a ...

Excerpt: ...most qualified t o testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “t he witness or someone in authority is expected to make an inquiry of everyone who might be holding Page 3 of 5 responsive documents or everyone who knows where such documen...

Excerpt: ...of Undisputed Materia l Fact [“FSS”] ¶ 1.) On October 1, 2012, Fracasse, through his attorneys, recorded an abstract of judgment in the Office of the County Recorder of Riverside County. (Id. at ¶ 2.) That abstract of judgment acted to create a judgment lien on Redmond's real p roperty located at 41750 Avenida Ortega, Temecula, California 92592 (the “Property”). (Id. at ¶ 3.) On or about May 5, 2020, the County of Riverside (the “Cou...

Excerpt: ..., and Eisenhower Medical Group (“ EMC”) (together “Defendants”) for: (1) negligence (against Invacare and Compass); strict liability – failure to warn (against Invacare and Compass); (3) strict liability – manufacturing defect (against Invacare and Compass); (4) strict liability – design d efect (against Invacare and Compass); (5) breach of the implied warranty of merchantability (against Invacare and Compass); (6) negligence (again...

Excerpt: ...nder the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be ...

Excerpt: ...ant”). He co ntends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ex press written warranty, and (5) breach of implied warranty of merchantability. Plaintiff brings the instant motions. He brought a prior motion to compel the Person Most Quali�...

Excerpt: ...lly (collectivel y, “Plaintiffs”), filed their operative Third Amended Complaint (“TAC”) against Defendants American Logistics Company, LLC (“ALC”); AmLogCo, LLC (“AmLogCo”); and Star Patient Transport, LLC (“Star Patient Transport”) (collectively, “Defendants”), alleging (1) Elder Abuse and Neglect ( Welf. & Inst. Code § 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4)...

Excerpt: ...Factual and proc edural background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Direc tors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that...

Excerpt: ...ntiffs Myeasha Ki mble and William Hillard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its employee/agent, Edkpeju Ed E -Nunu (“E -Nunu”), allegedly orchestrated the hazing and receive...

Excerpt: ...hen he tripped over a tire stop, lost his balance, and fell forward down the stairs from the leasing office. He alleges Defendants, Fairfield Waterstone, LLC; and FF Properties II, LP knew or should have known of the dangers of inadequate lighting fixtures or illum ination because the lack of lighting was caused during/by a remodel of the leasing office. On 2/6/24, Plaintiff's motion for leave to amend the complaint was granted. Plaintiff file...

Excerpt: ...sts to movi ng party in the amount of $510.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Felix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (...