Excerpt: ... Cause are continued to 11/3/22 at 8:30 a.m., Department 5. Defendants Request for Judicial Notice of the Department of Fair Employment and Housing (DFEH) file is granted pursuant to Evidence Code §452(c). The remainder of the Request for Judicial Notice is denied. Materials prepared by private parties that are on file with governmental agencies are not official records of which judicial notice may be taken. (People v. Thacker (1985) 175 Cal.App...

Excerpt: ...ds for failure to comply with Rules of Court, rule 3.1350(b). Evidentiary Objections: The objections of Hemet Valley Tool are overruled as Objections 1 to 4, and 6 to 10 and sustained as to Objection 5. Factual and procedural background: Plaintiff rented a ladder from Defendant Hemet Valley Tool, Inc. (“Hemet”). The ladder was manufactured and/or distributed by Defendants Werner Co. (“Werner”) and Green Bull (“Green Bull”). On 10/8/17...

Excerpt: ...murrer and Plaintiff filed the Second Amended Complaint (SAC) on 8/21/20. The court again sustained Defendant's demurrer and Plaintiff filed the Third Amended Complaint (TAC) on 12/9/20. The TAC asserts: (1) wrongful termination in violation of Labor Code §1102.5; (2) breach of implied contract of continued employment; (3) breach of implied covenant of good faith and fair dealing; and (4) defamation. On 9/9/21, the court sustained the demurrer t...

Excerpt: ...nd: Plaintiff was the owner of 25820 Jumano Drive, Moreno Valley, CA 92551 (“Property 1”) and 14831 Casa Loma Drive, Moreno Valley, CA 92553 (“Property 2”). (FAC ¶¶ 7, 11, & 12.) Plaintiff alleges that Defendant, the escrow company, mistakenly used the proceeds of the sale of Property 1 to pay off the Property 2 loan, rather than Property 1 loan as the escrow instructions required. (Id. at ¶¶ 10–11.) Plaintiff alleges that she was m...

Excerpt: ... existence of recorded documents and their legal effect and the request for notice is granted. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) Factual and procedural background: Plaintiffs Winjet Trading Inc. (“Winjet”) and America Plastics Trading, Inc. (“APT”) (together, “Plaintiffs”) filed the complaint in thi...

Excerpt: ...standing to foreclosure because no substitution of the current trustee was ever recorded. The complaint pleads causes of action for 1) Wrongful foreclosure; 2) Breach of the covenant of good faith and fair dealing; 3) Cancellation of instruments; 4) Violation of Business and Professions Code section 17200; and 5) Quiet title. On 3/30/22, the court sustained a demurrer by defendant Allied Servicing Corporation (Allied), which services the loan. It...

Excerpt: ...t's 24‐hour care facility and allowed to develop a Stave IV pressure sore, necessitating many months of painful treatments. The first amended complaint pleads causes of action for elder abuse, violation of the patient's bill of rights, and negligence. Plaintiffs move to set trial within 120 days on the grounds that Alvarez is 76 years old and has a substantial interest in this action. A declaration of counsel states that plaintiff is 76 years o...

Excerpt: ...ly, a pastor employed by Defendant Mount Rubidoux Church, which is part of Defendant Southeastern California Conference of Seventh Day Adventists (SECC). In November 2013, Plaintiff was separated from her husband and pregnant. Kelly was promoted as a relationship expert. Plaintiff alleges that she was pursued Kelly, who told her that he was estranged from his wife. Further, that Kelly told her he intended to divorce his wife. As a Page 3 of 8 res...

Excerpt: ...nd Prism and Cervantes as to the fourth, fifth, sixth, seventh and eighth causes of action. The statute of limitations was tolled under CCP §1281.97 due to Defendants' material breach of the arbitration agreement. Factual and procedural background: This is a sexual harassment case. Plaintiff Vanessa Urias (“Plaintiff”) was allegedly jointly employed by Defendants Prism Aerospace, Inc. (“Prism”) and LTET Enterprises, Inc. (“LTET”) (co...

Excerpt: ... from the top, the ladder failed when a support bracket buckled and one of the feet of the ladder bent inward. Plaintiff fell from the ladder and landed on his feet. Plaintiff sustained serious injuries as a result of the fall. Plaintiff alleges that the ladder was negligently designed and manufactured by Werner and Green Bull and that Hemet negligently stored and maintained the ladder. On 6/20/19, Plaintiff filed his Complaint. He asserts two ca...

Excerpt: ...tions within 30 days of this order. The motion as to request for admissions admitted is granted only as to those responses that included an objection. The requests for sanctions are denied. Factual and procedural background: The complaint asserts 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 § 17...

Excerpt: ...shoulder, blocking all of lane 4 and partially obstructing lane 3 to avoid a prior accident. Plaintiff alleges the semi‐ truck was not disabled or inoperable, and that Esquibel did not turn on the semi‐truck's emergency lights or place emergency reflectors on the roadway to make the semi‐truck visible to oncoming traffic, and the stretch of highway on which the collision occurred does not have any lights illuminating the roadway. Plaintiff ...

Excerpt: ... 3/29/22, Sapporo served form interrogatories, requests for admission (FFAs), and requests for production of documents (RFPs) on Dr. Mobin. He responded on 5/13/22. In three separate motions, Sapporo now moves for orders compelling further responses. It also seeks sanctions of $1,090 on the motion about interrogatories (2.5 hours meeting and conferring and on the motion, 2 hours on a reply and a half hour at hearing, all at $200/hour, plus a $90 ...

Excerpt: ...iates LP filed this complaint against Defendant Fitness International, LLC for: (1) rent and damages (Civil Code §1951.4) and (2) rescission based on fraud and failure of consideration (Civil Code §1689(b)(1)‐ (2)). On 8/11/21, Defendant filed a cross‐complaint against Plaintiff. After the court sustained demurrers as to the 1st through 5th causes of action, on 3/7/22, Defendant filed the Second Amended Cross‐ Complaint (SACC) for: (1) br...

Excerpt: ...amended and recently, on 7/29/22, the demurrer was sustained allowing 20 days leave to amend the First Amended Complaint. The present motion is a motion to compel plaintiff's further deposition and is brought by Bogh Engineering, Mark Bogh, Jon Robinson, and Arch Insurance (collectively, “defendants”). Defendants argue that at plaintiff's deposition he refused to answer questions about a chronology he prepared regarding the events that occurr...

Excerpt: ...d at 6639 Wells Springs Street located in Defendant City of Eastvale (“City”). The residence is owned by Defendants Frank and Janet Seo (“Seos”). Plaintiff allegedly sustained serious injuries as a result of the fall. On 12/18/20, Plaintiff served a government tort claim on the City pursuant to the Government Claims Act, the address of the property was stated as 6627 Well Spring St., Eastvale. The City investigated and rejected Plaintiff'...

Excerpt: .../18, Plaintiff was operating her boat on Lake Havasu, California. Plaintiff alleges that a boat driven by Defendant approached her boat at an extremely high rate of speed causing water to spray into Plaintiff's boat. Plaintiff alleges that she suffered serious eye injuries as a result. Plaintiff filed her Complaint for Personal Injuries and Property Damage on 11/23/20 and the operative First Amended Complaint (FAC) on 5/2/22. Plaintiff asserts tw...

Excerpt: ...“Jane Doe” Mrs. Munoz (refused first name), wife/person in charge, description: Hispanic, Female, 40+ yrs old, 5'7'' tall, 170+ lbs., Brown hair” at 5870 Campero Dr., Riverside, CA 92509, on 10/7/19. (Tapper Decl. ¶ 7, Ex. A.) On 10/7/19, Plaintiff also mailed a copy of the summons and complaint to Defendant at the same address. (Id.) On 11/27/19, after receiving no response to the Complaint, Plaintiff filed a request for entry of default....

Excerpt: ...s that Defendant negligently struck Plaintiff's vehicle, causing her injuries. (Compl. ¶ 3.) Plaintiff alleges that “[she] has necessarily suffered loss of earnings, and [she] will continue to suffer such loss for an indefinite time in the future, and [her] earning capacity in the future has been greatly reduced[.]” (Id. at ¶ 6.) On December 14, 2021, County of Riverside filed a Complaint against Defendant for subrogation of claims paid in ...

Excerpt: ...canceled this cruise 30 days prior to the cruise, which resulted in a cancelation penalty in the form of a partial fare forfeiture and refund of the remaining, non‐penalty amount, pursuant to the Passage Contract which governed his purchase and booking of the cruise. Defendant, however, applied its “Book with Confidence” policy, and converted Plaintiff's cancelation penalty into future cruise credits, or FCCs, for Plaintiff to use toward a ...

Excerpt: ...“Defendants”) entered into a settlement (the “Settlement”) in open court on 1/15/19. As reflected in the transcript of the 1/15/19 proceedings, the parties agreed as follows: Defendants to pay $45,000 to Plaintiff within 30 days; Plaintiff to remove Mechanic's Lien and Lis Pendens within 7 days following payment; agreement to include Civ. Code § 1542 releases and the court to retain jurisdiction in accordance with CCP § 664.6; and Plain...

Excerpt: ...matter prior to trial and entered into a Binding Term Sheet for the transfer of the Black Duck property. The enforcement of the Binding Term Sheet has been the subject of two motions to enforce settlement, with each side disputing whether the agreement should be enforced and the terms. On 5/10/22, this court denied the second motion of Mark and Kim Wynne (hereafter, “Mark Wynne Parties”) to enforce settlement under Code of Civil Procedure (CC...

Excerpt: ...und: Plaintiff filed his complaint in this personal injury action on 6/8/21. On 4/28/22, Plaintiff served Defendant with written discovery, including Requests for Admission (Set One) (“RFAs”). Plaintiff granted a one week extension. On 6/3/22, Defendant served unverified responses and indicated that a verification would follow. By email dated 6/14/22, Plaintiff's counsel inquired when a verification would be provided. Defense counsel provided...

Excerpt: ...e first amended complaint (“FAC”) on June 30, 2021 against defendant Starbucks Corporation (named as Starbucks Corporation and Starbucks Coffee Company) (“Defendant”). Plaintiffs allege that on April 16, 2018, Maria and her son, Aaron, were walking by a Starbucks location in Corona when a table umbrella became dislodged from the holder by a gust of wind, flew through the air and struck Maria. (FAC, ¶¶ 8‐ 9.) The FAC sets forth three c...

Excerpt: ...onsider the opposition of Plaintiff as permitted by Kapitanski v. Von's Grocery Store (1983) 146 Cal. App. 3d 29, 32. Moving party filed its Reply Brief and related documents in reply on 7/29/22, which provided comment on the opposition. Moving party's objections to Plaintiff's declaration, deposition testimony are overruled. Factual and procedural background: Plaintiff Denise Marin alleges that she worked as a warehouse associate from 7/22/19 un...