Excerpt: ...ee of the T rust. Therefore, Defendant, as successor trustee is not liable for Vander Molen's misconduct. On the Court's own motion, the Case Management Conference currently set for 5/7/24 is continued to 7/24/24 at 8:30 a.m., Department 5. Factual and procedural ba ckground: Plaintiff Michelle Stindtman as Personal Representative of the Estate of John Luther Martin (“Plaintiff”) alleges that John Luther Martin (“Martin”) was the sole sha...

Excerpt: ... complaint fo r: (1) breach of contract; (2) open book account; (3) account stated; (4) restitution; and (5) goods and services rendered. Defendants move for judgment on the pleadings contending that the contract attached to the complaint says that there is an additiona l form, yet no form is attached. Therefore, there is no complete copy of the contract. In opposition, Plaintiff contends that there is no issue with the terms of the contract alle...

Excerpt: ...vehicle, w hich was manufactured and/or distributed by Defendant. (Compl. ¶ 6.) The subject vehicle came with various warranties, including but not limited to the bumper -to - bumper warranty, powertrain warranty, emission warranty, etc. (Id.) During the warranty perio d, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to engine defects, transmission defects, electrical defect...

Excerpt: ...or various acts of fi nancial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from an incident wh...

Excerpt: ...ble within 30 d ays. Where a response to a request for documents has been made, which is unsatisfactory, the demanding party may move to compel further responses on following grounds: (1) “A statement of compliance with the demand is incomplete”; (2) “A representation of inability to comply is inadequate, incomplete, or evasive”; or (3) “An objection in response is without merit or too general.” (C.C.P. §2031.310(a).) The moving part...

Excerpt: ...ator from January 27, 2019 to the present, and was subjected to numerous Labor Code violations. On May 18, 2023, Plaintiff filed this action for individual wage and hour claims and asserted a Private Attorney General Act (“PAGA”) claim. On February 8, 2024, Plaintiff file d his operative First Amended Complaint (“FAC”) alleging class allegations and asserting the following causes of action: 1) Failure to Pay Wages; 2) Failure to Provide...

Excerpt: ...tiffs' cause of action cannot be established. Once the burden shifted to Plaintiffs to produce admissible evidence showing a triable issue of material fact exists, they have met their burden by producing evidence to raise a triable issue of fact, to wit; with respec t to the failure to repair element, Plaintiff has presented evidence raising a triable issue as to whether the vehicle had a nonconformity involving the vibration of the vehicle and t...

Excerpt: ...legations we re discovered; and (4) The reasons why the request for amendment was not made earlier. Here, the supporting Picozzi Decl. states the effect of the amendment (without using those words) in ¶1. Mr. Picozzi declares that the amendment is necessary and prop er to allow Plaintiff to present all remedies available for damages alleged in the original complaint arising from Defendant's wrongful acts related to the subject matter of this act...

Excerpt: ...emurrer to the 3rd cause of action for fraud is sustained as to CrossDefendant Sarnowski, only, with leave to amend within 20 days. As to the remainder of the demurrer to the fraud cause of action, it is overruled. Responsive Pleadings must be filed 30 days from this or der. Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include variou...

Excerpt: ...�led the underlying action against his real estate agent, Rodriguez and Vanguard Real Estate, and his broker, Herrera who now operates business under Good Life Realtor, for the agent's conduct of secretly refraining from letting the sellers know that another offer was made in addition to the offer made by Bernal. Bernal alleges the agent's conduct was motivated by financial gain as he stood to make more money if sellers accepted Bernal's offer a...

Excerpt: ...�fth cause of action for fraudulent inducement – concealment, and a sixth cause of action against Defendant Gosch Ford (“Gosch”) for negligent repair. The Complaint alleges that on 1/17/23, Plaintiff purchased a 2023 Ford F- 150 (“Subject Vehicle” or the “Vehicle”). (Compl. ¶ 9.) It further alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but no...

Excerpt: ...ries, inst ead of Eastern Municipal Water District Facilities Corporation who was erroneously sued. Plaintiff alleges, on June 06, 2022, he was injured when he drove his vehicle over an exposed utility hole which was a dangerous condition on the roadway. On or about August 22, 2022, Plaintiff filed a government claim against Eastern Municipal Water District for his injuries. (Declaration of Ramin T. Montakab [“Montakab Decl.”], Ex. 1 [Claim ...

Excerpt: ...rking on the roof o f a commercial building located at 3777 Mission Avenue, Riverside, California (the “Property”). The roof of the Property was covered with waterproof paper and there were no signs or anything else indicating it was a hazard zone. (Complaint at ¶¶ GN -1, Prem .L.1.) Defendants negligently owned, maintained, and operated the Property, and willfully and/or maliciously failed to warn of the dangerous condition. (Complaint at ...

Excerpt: ...nths (3 years) o r 36,000 miles; Drivetrain/Powertrain Warranty for the earlier of 72 months (6 years) or 60,000 miles; and Emissions Warranty for the earlier of 7 years or 70,000 miles. (Id. at ¶ 7.) During the applicable express warranty period, the subject vehicle dev eloped defects and nonconformities to warranty. (Id. at ¶ 16.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conf...

Excerpt: ...th defendant J.B. Hun t Transport, Inc. (“Defendant”). On August 4, 2022, Plaintiff filed the Complaint alleging negligence, negligent entrustment and negligent hiring/supervision/retention. On February 14, 2023, Defendant served its first set of written discovery requests on Plaintiff, including form interrogatories, 29 special interrogatories, and 34 requests for production of documents, to which Plaintiff timely responded. Plaintiff cont...

Excerpt: ...ant City o f Riverside (the “City” or “Defendant”), alleging (1) premises liability (common law negligence) and (2) general negligence (against a public entity under Gov. Code § 835). On 9/13/2023, Plaintiff's counsel received a meet and confer letter from the Cit y, requesting clarification on Plaintiff's first cause of action based on common law and emphasizing that government tort liability is dependent on statute. (Id. at ¶ 6.) Wi...

Excerpt: ...ames Hodges for vario us acts of financial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from a...

Excerpt: ... six gen eral population inmates. Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22, and the ope...

Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...

Excerpt: ...intiff alleges that ser ious defects and nonconformities to warranty manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, ¶¶ 15, 16, 54.) The Complaint sets forth four causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code § 17200; and (4) Negligent Re...

Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...

Excerpt: ...nding the NOD . (Def.'s RJN 4.) Plaintiffs cannot establish “an illegal, fraudulent or willfully oppressive sale,” since the foreclosure sale never took place. Plaintiffs nonetheless argue that their wrongful foreclosure cause of action is valid because it is based on F MC's alleged failure to comply with the HBOR provisions identified in the FAC (i.e., Civ. Code §§ 2923.4, 2923.5, 2923.7, 3273.01 et seq.). (See FAC ¶¶ 45– 60.) However...

Excerpt: ...CP 1019 .5. This is an employment dispute. On October 1, 2023, Plaintiff, Guadalupe Garcia (“Plaintiff”) filed a Complaint against her employers, Defendants, Canyon Villas Place, LLC (“Canyon Villas”) and The River Apartments, LLC (“River Apartments”) (together “ Defendants”), asserting 20 causes of action for FEHA and Labor Code violations. Plaintiff's claims generally arise out of Defendants' alleged improper treatment and term...

Excerpt: ...ited to th e bumper-to -bumper warranty, powertrain warranty, emission warranty, etc. (Id. at ¶ 7, Ex. A.) During the applicable express warranty period, the subject vehicle developed defects and nonconformities to warranty, including but not limited to transmission defects, suspension defects, among others. (Id. at ¶ 11.) Plaintiff delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conform the veh...

Excerpt: ...t Agreement” (the “ Employment Agreement) (collectively the agreements are referred to herein as the “Agreements”). (Declaration of Stephen D. Weisskopf (“Weisskopf Decl.”) ¶ 5, Ex. C.) The Agreements govern the employment relationship between Plaintiff and theITSupportCent er and both contained a broad arbitration clause. (Weisskopf Decl., ¶4, Ex. B (Section 21) and ¶5, Ex C (Section 15).) Both of the agreements were signed by Pla...