Excerpt: ...e the existence of a triable issue of material fact. Factual and procedural background: On 3/12/20, Jessina Azmi Hweidi (“Decedent”) was driving her vehicle southbound on Knabe Road, north of While Sage Street. Her sister, Safa Azmi Hweidi (“Safa”), was a passenger in the vehicle. It was raining heavily that day and an unsafe amount of water had built up on the roadway. Decedent lost control of her vehicle and collided with a boulder and ...

Excerpt: ...owledgeable (PMK). Following the meet and confer, moving party is to file a declaration, at least ten days before the next hearing, regarding the results of the meet and confer or take the motion off calendar. All requests for sanctions are denied. Factual and procedural background: Plaintiff, iCare Hospice Inc. (“Plaintiff” or “iCare”)) filed the complaint in this action on 2/23/22 against defendant Janet Teeter (“Defendant”). Plaint...

Excerpt: ...e subject property, which crop was harvested and sold by the Gunthers. On 7/10/21, a fire destroyed the Gunthers' personal property worth $349,019, including an RV, horse trailers, a flatbed trailer, a pickup truck, chain link fence, horse arena fence, irrigation manifold, irrigation system, domestic water supply, water well, bee hives and a bicycle. The Gunthers were paid $142,704.20 by their insurance carriers, including $44,363.20 by State Far...

Excerpt: ... motion for summary judgment; judgment was entered on 9/22/22. A defense memo of costs was filed on 10/7/22. It seeks a total of $17,718.69, including $9,498.00 in expert witness fees (listed under “other” on the costs memorandum) because plaintiff rejected an offer to compromise under Code of Civil Procedure section 998. Plaintiff moves to tax two categories of costs‐ deposition costs, and expert witness fees. Defendants defend the costs i...

Excerpt: ...cuments and violation of the Davis‐Stirling Act, (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder. Plaintiffs posted jury fees. Defendants filed this motion for a finding that there is no right to a jury trial on any of plaintiffs' claims. Plaintiff's opposition acknowledges that this is a derivation action that constitute of equitable claims but contends it will be seeking to amend the...

Excerpt: ...ildings on the property (“Project”). In September 2019, Plaintiff entered into a $2,520,000 construction contract (“Contract”) with Defendant TiltUp, Inc. (“Tilt”), which was signed by Tilt's CEO, Defendant Scott Hayek (“Scott”). Plaintiff asserts that Defendant Kelly Hayek (“Kelly”) is an officer or director of Tilt. Plaintiff alleges that Tilt hired its own subcontractors, including Defendants Platinum Concrete (“Platinum�...

Excerpt: ...pped and fell on the recently‐mopped floor by the buffet. Defendant's employee did not place any cones or signs around the mopped area to warn patrons of the wet floor. Plaintiff suffered injuries to her knee and lower back which required injections and the implantation of a spinal cord stimulator. Defendant Sapporo cross‐complained against Fardad Mobin (Mobin or Dr. Mobin) and Parhnam Yashar, M.D., plaintiff's treating physicians who implant...

Excerpt: ...presented by Todd R. Wulffson (“Wulffson”) and Denisha P. McKenzie (“McKenzie”) of the law firm CDF Labor Law LLP (“CDF”). Trial in this matter is currently scheduled for 5/26/23. As it relates to this motion, on 4/1/22, Bogh produced documents in response to Plaintiff's discovery requests, which included images of two emails from Plaintiff's personal Gmail account purportedly displayed on the screen of a company‐issued iPad. One em...

Excerpt: ...suffered serious eye injuries as a result. Plaintiff filed her Complaint for Personal Injuries and Property Damage on 11/23/20. On 5/2/22 she filed the First Amended Complaint (FAC) on 5/2/22. Plaintiff asserts two causes of action for: (1) Professional Negligence and (2) Punitive damages. On 8/15/22 this court granted Defendant's motion to strike the portions of the complaint that alleged punitive damages on ground that Plaintiff had not stated ...

Excerpt: ...on, Defendants produced sufficient evidence that the alleged oral/written/implied contract is ineffective because there is no written instrument signed by all members modifying the operative operating agreement. (Corp. Code § 11701.11, § 11701.12; Robidoux Dec., Ex. B, ¶ 11.1, ¶ 11.11.) Plaintiff failed to produce evidence showing a triable issue of fact. As to the unjust enrichment, third cause of action, this claim fails as a matter of law ...

Excerpt: ...urance Company (“State Farm”). The Gunthers also operated an avocado orchard on the subject property, which crop was harvested and sold by the Gunthers. On 7/10/21, a fire destroyed the Gunthers' personal property worth $349,019, including an RV, horse trailers, a flatbed trailer, a pickup truck, chain link fence, horse arena fence, irrigation manifold, irrigation system, domestic water supply, water well, bee hives and a bicycle. The Gunther...

Excerpt: ... 8/24/22, Defendant served Plaintiff a Notice of Taking Deposition set for 9/6/22, via Zoom. (Salgado Decl. ¶ 2, Ex. A.) That same day, Plaintiff's counsel advised Defendant's counsel that she was not available and that proposed dates would be provided to reschedule Plaintiff's deposition. (Id. at ¶ 4, Ex. B.) Defendant's counsel responded, advising that mediation was scheduled and requested proposed dates for the deposition as soon as possible...

Excerpt: ...ject 2009 Ford F150 Super Crew Cab (“Vehicle”) from Defendant Yusef Azizi dba Riverside Car Sales Wholesale (“RCSW””). In conjunction with the purchase of the Vehicle, Plaintiff purchased a service contract from Defendant Preferred Warranties, Inc. (“Preferred). On 3/10/21, with ongoing problems unresolved and Defendants not offering to repurchase the Subject Vehicle, Plaintiff filed her complaint, alleging various violations of the S...

Excerpt: ...and sole stockholder, allege that on 3/14/22, Plaintiff, GIC, purchased real property located at 4682 Bandini Avenue in Riverside from the previous owner. Defendants, Carlos Calero (Calero), Claudia Oyarzabal (Oyarzabal), and Juan C. Calero, were in possession of the property. Dawodu serve two notices on Defendants to inspect the property (3/17/22 – 24 Hour Notice of Entry; 3/19/22 – Notice to Cure or Perform Covenant or Quit), but Defendants...

Excerpt: ...balance falling backwards off the truck and landing on rocks on the ground injuring her back and neck. Plaintiff notified her supervisor who referred her to the company doctor but, Plaintiff could not locate the doctor, and went to the emergency room where she was treated for her injuries and sent home. On 9/17/19, Plaintiff went to see the company doctor who diagnosed her with a cervical strain, and elbow strain among others, prescribed medicati...

Excerpt: ... Armando Moran, when the chair broke causing Plaintiff to fall and sustain injuries. On 2/19/21, Plaintiff Rafael Chaidez filed this personal injury and premises liability action. The court initially set trial for 8/5/22, but when Plaintiff obtained new counsel, the court continued the trial date via ex parte application on 7/27/22. The court found that there was no good cause to submit a late expert witness designation. Trial is now set for 12/9...

Excerpt: ...1 and all other requests that have not been resolved. The parties are to prepare a joint separate statement regarding any discovery requests that cannot be resolved. The joint statement is to be submitted to the court by 11/25/22. No further briefing is permitted. 2. CVRI2105716 PINEDA VELIZ vs AMERICAN HONDA MOTOR CO., INC. Motion to Compel Further Response to Request for Production of Documents No. 115, 117, 119 – 127, 130, 140 – 144 (Set T...

Excerpt: ...quest nos. 20 and 25. Given the mixed results, the request of both parties for sanctions is denied. Factual and procedural background: Plaintiff alleges in her complaint that during her admission at Defendant Riverside Healthcare System, LP, which was operated/owned by Defendants Columbia Riverside, Inc. and HCA Healthcare, Inc., she developed pressure sores and was left with inadequate hygiene due to chronic understaffing. On 5/19/22, Plaintiff ...

Excerpt: ...termination. Plaintiff alleges that her termination occurred following an incident on 8/7/19, in which a bus driver employed by the District left a special education student unattended on a school bus. Plaintiff reported the incident to her direct supervisor, defendant Paula Ford (“Ford”) to inform her that she would be reporting the incident to the California Highway Patrol, as required by state law. Ford told plaintiff not to report the inc...

Excerpt: ...ction is barred by the applicable statute of limitations. Also discussed below, the third cause of action is barred by the four‐year applicable statute of limitations. The Magnuson‐Moss Warranty‐‐Federal Trade Commission Improvement Act “stand[s] or fall with his express and implied warranty claims under state law.” Clemens v. DaimlerChrysler Corp. (9th Cir. 2008) 534 F.3d 1017, 1022. The Request for Judicial Notice is denied as the d...

Excerpt: ...serts the following causes of action: (1) violation of subdivision (d) of Civil Code § 1793.2, (2) violation of subdivision (b) of Civil Code § 1793.2, (3) violation of subdivision (a)(3) of Civil Code § 1793.2, (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed four motions seeking to compel responses to special interrogatories, form interrogatories, and requests for production o...

Excerpt: ...morandum of Costs ( Exhibit B) on 8/8/22. Defendants now move to strike Plaintiffs' request for costs as untimely. Alternatively, to the extent the Court determines that Plaintiffs' requests for costs is timely, Defendants move to tax costs. Plaintiffs oppose the motion. Legal authorities and analysis: California Rules of Court (“CRC”), Rule 3.1700(a) provides as follows: A prevailing party who claims costs must serve and file a memorandum of...

Excerpt: ...hat it came with an express written warranty and during the warranty period the vehicle contained or developed defects, specifically with the suspension system, engine, transmission/mechanical system, anti‐locking brake system, and body system. (Comp. ¶¶10‐12.) Plaintiff filed the instant suit against Defendant GM on 8/25/21 alleging: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); (3) Violation of Civil Co...

Excerpt: ...ligence and (2) negligence. Plaintiff alleges that Dr. Cordero was negligent in evaluating and treating the decedent. Legal authorities and analysis: CCP § 437c(a) provides that “any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or there is no defense to the action or proceeding.” “The motion for summary judgment shall be granted if all the papers submitted show that there i...

Excerpt: ...Riverside, California (“subject property”). (Am. CrossComplaint ¶ 8.) On 8/18/20, Plaintiff, as subrogee of Kristopher Barker, filed its Complaint against King of Fans, Inc.; Air Vent, Inc.; Gibraltar Industries; DM (Asia), Ltd.; and Powermax Electric Co., Ltd., Guangdong (collectively, “Defendants”). In the Complaint, Plaintiff alleged that the subject property was damaged when a ventilation fan designed, manufactured, assembled, mercha...