Excerpt: ...n the amou nt of $1,000, payable within 30 days. In general, a notice of deposition is sufficient to compel a party to appear at deposition and to produce documents. (CCP § 2025.280(a).) Pursuant to CCP § 2025.450(a), where a party fails to appear, without a valid ob jection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be ...

Excerpt: ...ducts li ability, and negligence, and names as defendants (1) Gongco Foods, dba Food 4 Less, the owner of the grocery store and the shopping cart, and (2) The Peggs Company, the company alleged to design and manufacture the shopping cart. The defendants filed answ ers to the original complaint on October 6, 2023 and November 21, 2023; none of them have filed answers to the FAC filed March 13, 2024. There are no crosscomplaints filed nor any D...

Excerpt: ...t the event, which altercation was followed by one of the males reentering the event area with a gun that ended in death of one attendee and shooting injuries of another attendee. On 2/27/19, Plaintiffs filed their Complaint against Defendants, alleging: (1) n egligence, (2) premises liability, (3) negligent hiring, retention, and supervision, (4) negligent infliction of emotional distress, and (5) wrongful death. Plaintiffs contend the only em...

Excerpt: ...of Action in the FAC is sustained with leave to amend within 20 days. The motion to strike is granted as to the prayer for punitive damages for failure to comply with C.C.P., § 425.13 with leave to amend within 20 days. A party may object by demurrer to a complaint on g rounds that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Pro. §430.10(e).) For the purposes of a demurrer, the allegations in the com...

Excerpt: ...d confer p rior to filing the demurrer or motion to strike. (CCP §§ 430.41(a), 435.5(a).) The Declaration of Ryan Kay indicates that prior to the filing of the present demurrer and motion to strike, his office attempted to meet and confer telephonically with Plain tiff's counsel to discuss the issues Defendant had with Plaintiff's First Amended Complaint, but unfortunately, were unsuccessful in their attempts. Mr. Ryan declares that he sent e...

Excerpt: ...e sole shareholder of Sportman's Bar, Inc. (“SBI”), which was the owner of the Sportman's Bar (“Bar”) in Corona, California. Plaintiff alleges that in April 2021, Martin caused SBI to transfer and assign all assets and interest in SBI to himself personally, to be transferred to Plaintiff upon his death. Melvin Vander Molen (“Vander Molen”) was employed by SBI as a bar manager. Vander Molen had no authority to make financial decisions...

Excerpt: ...ty -owned roadway. Defendant City brings this demurrer to Plaintiff's Second Amended Complaint (“SAC”) on the second cause of action for dangerous condition of government property. This demurrer is brought after the Court's sustaining an earlier demurrer to Plain tiff's First Amended Complaint (“FAC”) on the ground of Plaintiff's failure to allege facts sufficient to state a cause of action for a dangerous condition of government property...

Excerpt: ...ce Manager. (Id.) In March 2022, Defendant Sarah Franco (“Ms. Franco”) was appointed Director of Procurement and Fleet. (Id. at ¶ 12.) Under Ms. Franco's leadership, Plaintiff allegedly noticed a negative change in her treatment, as well as that of Procurement Services Officer Lydia Bell (“Ms. Bell”), both of whom are Black women. (Id.) Plaintiff alleges that during her tenure, Ms. Franco treated her and Ms. Bell, the only two Black empl...

Excerpt: ...en O'Neill (“ O'Neill”) owns a mobile home located at 74711 Dillon Road, Space 416 in Desert Hot Springs, which Stargardt rented. Stargardt alleges there were various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful inter...

Excerpt: ...iness and Professions Code § 17200 [use of deceptive practices]; (3) Breach of Contract and (4) Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff alleges that on August 10, 2023, Plaintiff hired Defendants to installed below listed parts, which the parties agreed would repair his semi -truck. (Complaint, ¶6.) Plaintiff paid the collective Defendants the agreed amount of $25,169 immediately. (Id., ¶¶ 7 -16.) Plaintiff in ess...

Excerpt: ...ause of action for re stitution of money paid “pursuant to the Agreement” (Cross -Complaint ¶ 12). The basis of the Cross -Complaint is that The Altum Group is not a licensed contractor and that a contractor's license was required in order to lawfully perform the construction ser vices at issue in the Agreement. (Cross- Complaint ¶¶ 4, 5, 9, 12.) The Altum Group demurrers arguing that both causes of action are uncertain or insufficiently p...

Excerpt: ... the hole (Exh ibit E) but provides no measurements of how big it is, its placement in the backyard, or the layout of the backyard. While the hole appears large in the picture, it is unclear whether this evidence alone meets the Defendant's initial burden. Additionally, a triable issue of material fact exists regarding whether the open and obvious exception applies. Open and obvious does not negate duty if it is foreseeable based on necessity or ...

Excerpt: ...ey Middle Sc hool Modernization, Phase 3B, Increment 2, New Classroom Buildings BP 15 HVAC” (Project). Plaintiff alleges that the District breached its contract in numerous ways (e.g., failing to timely pay for work performed, failing to execute valid change order requ ests.) Plaintiff filed its Complaint on 12/21/22 alleging a single cause of action for breach of contract. On 1/16/24, the District filed a Cross- Complaint alleging two causes...

Excerpt: ...CCP § 430.50 p rovides that a demurrer to an answer may be taken in whole or to one or more of the defenses. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Reg ents 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 fro...

Excerpt: ...480 E. 2nd Street, Beaumont, California. (UMF ## 3-4, 7, 14.) The facts herein are based upon the allegations of the Complaint and the undisputed facts reflected in Plaintiff's response to Defendant's Separate Statement of Undisputed Material Facts (“Separate Statement”). The incident occurred between 10 and 11 a.m., it was sunny outside, and Plaintiff was wearing sunglasses. (UMF ## 6, 18.) According to Plaintiff's deposition testimony, she...

Excerpt: ...tion for breach of contract and breach of the covenant of good faith and fair dealing, respectively. Defendant is ordered to file an answer to the First Amended Complaint within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019 .5. This action involves a dispute over misrepresentations allegedly made to an owner of a commercial property by a general contractor who submitted documentations seeking payment for...

Excerpt: ...oth parties reside in Georgia, but travelled to California, including Napa Valley and Riverside County, where Plaintiff alleges some of the violence occurred. This action was initially filed in Napa County on November 26, 2019 and subsequently transferred to Riversid e County by stipulation, following Plaintiff's successful appeal of a ruling granting Defendant's motion to quash service of summons. The Complaint alleges causes of action for dome...

Excerpt: ...tha Coro na, Alfred Corona, and Maria De Jesus Rosas Lopez, allege that on 12/26/22, Defendants, Eloy Figueroa Trucking, Inc. (Figueroa Trucking); Francisco Castillo -Cendejas; Bagdasarian Farms, LLC; and Bloom to Box Crop Care, Inc., negligently owned, operated, en trusted the Freightliner so as to cause a collision with Plaintiffs' vehicle causing them to sustain severe injuries and damages. Plaintiff, Maria Corona was the driver of her vehicle...

Excerpt: ...blish that Defendant's conduct was extreme or outrageous, or that Plaintiff sustained severe emotional distress as a result of Defendant's conduct. For NIED, Shannon argues that there is no independent tort of NIED, but rather a negligence claim, and Plaintiff cannot establis h any duty owed by Shannon to her, cannot establish any breach of any duty, and cannot establish that his conduct caused her to suffer severe emotional distress. Sixth Cause...

Excerpt: ...larations showing why the “interests of justice” will be served by granting the preference request. (CCP §36(e).) The decision to grant or deny a preferential trial setting under CCP §36(e) “rests at all times in the sound discretion of the trial court in light of the tot ality of the circumstances.” (Salas v. Sears, Roebuck & Co. (1986) 42 Cal.3d 342, 344.) In general, “judges are reluctant to grant preferential trial setting. With t...

Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...

Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...

Excerpt: ...bined co ntract and tort in this claim against Defendants as such it is uncertain. Plaintiffs allege they entered into a contract with Defendants to provide physical therapy services, Plaintiffs agreed to pay for the services, but Defendants failed to perform as p romised as the therapist abused NJ instead of providing therapy. (SAC, ¶¶ 42 -46.) However, Page 2 of 3 Plaintiffs have not alleged damages as a result of the breach of contract, inst...

Excerpt: ...tely at the commencement of the action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendan...

Excerpt: ...n of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiff alleges that on October 17, 2021, he purchased a 2021 Forest River Puma (the “RV”) from Beaumont RV. (Complaint at ¶ 4.) In connection with the sale, Forest River provided an express limited warran ty on the RV. (Complaint at ¶ 5.) Beaumont RV sold the RV to Plaintiff with defects in materials and workmanship. (Complaint at ¶ 7.) During th...