Excerpt: ... Cross-Defendant owed a contractual duty to defend Crosscomplainant against plaintiffs' lawsuits at the time of tender. Issues Nos. 2 and 3: denied based on procedural defects. Cross-complainant's Request for Judicial Notice: Granted pursuant to Evidence Code S 452(d), (c) and (h) as to all Exhibits except for C and D. Denied asto C and D. Cross-Defendant's Evidentiary Objections: Sustained as to Nos. 1, 2, 4, 7, 8, 12-14 and overruled as to Nos....

Excerpt: ...cedural background: Plaintiff Haydx, Inc. ("Plaintiff") filed the complaint in this breach of contract action on 1/4/18 against defendants Lyndon Ichida and Hayday Farms, Inc. (together, Defendants"). The action proceeded to a court trial. On 9/18/20, the court issued judgment (the "Judgment") in favor of Defendants. On 1/10/23, the Fourth Appellate District, Division Two, of the Court of Appeal affirmed the Judgment. Defendants move for an award...

Excerpt: ...e of material fact. Objections: Defendant's objections to Response in Opposition Nos. 1 and 2 are sustained. Factual and procedural background: This action arises out of a fire that occurred on 7/28/20, at the storage facility owned by The Salvation Army (TSA), in which Plaintiff's personal properties were allegedly damaged. On 1/24/22, Plaintiff, in pro per, filed his operative FAC, naming TSA as the sole Defendant. The FAC asserts against TSA a...

Excerpt: ...ctions is denied due to the lack of meaningful meet and confer and because Plaintiff's counsel's failure to timely serve supplemental responses was substantially justified by the fact that he was denied access to the files by his former law firm. It appears that Defendant was aware of this situation, and Plaintiff's willingness to supplement, prior to filing the motions. Factual and procedural background: The following factual and legal analysis ...

Excerpt: ...ntiff filed the complaint, alleging violation of Song-Beverly Act, violation of Magnuson Moss Warranty Act and breach of the implied warranty of merchantability. On 10/25/22, the Court granted Defendant's motion for summary judgment based on the statute of limitations, and judgment was subsequently entered on 1/17/23\. Defendant filed a memorandum of costs seeking $3,170.03. Plaintiff now moves to tax costs in the total amount of $1,914.93, chall...

Excerpt: ...that Defendant was unable to fixed these defects and nonconformities after several attempts and has failed to replace the Vehicle. (Compl., "15-12.) The operative Complaint asserts causes of action for: (1) Breach of Implied Warranty under the Song-Beverly Act, (2) Breach of Express Warranty under the Song-Beverly Act, (3) Breach of Express Warranty under the Magnuson-Moss Warranty Act, and (4) Breach of Implied Warranty under the Magnuson-Moss W...

Excerpt: ...to flames. Plaintiff alleges the phone was manufactured by defendant Samsung Electronics America, Inc. ("Samsung") and purchased for Royal Cabinets by and through defendant Wireless Watchdogs, LLC ("Wireless Watchdogs" or "Defendant"). On 1/17/23, Plaintiff filed the complaint alleging 1) strict product liability and 2) negligent products liability. Defendant filed the answer on 5/1/23, asserting a general denial and 29 affirmative defenses. On 5...

Excerpt: ...r relief as the Court deems just and proper" may be construed as a request for punitive damages. Legal authorities and analysis: The court may, upon a motion made pursuant to CCP S 435, strike irrelevant, false, or improper matters asserted in a complaint. CCP S 436(a). Additionally, may strike any part of a pleading that does not conform with state laws, rules of court, or court orders. ld. at (b). Motons to strike can be used to attack the entr...

Excerpt: ...arties agreed to grant and convey to each other certain mutual and reciprocal easements appurtenant to their respective parcels for ingress and easement. ("Original Agreement"). (Complaint, '1 13, Ex. A.) In 2001, the parties amended the Original Agreement ("First Amendment")(togetherwith Original Agreement hereinafter "Easement Agreement"). (Complaint, 14, 17.) Pursuant to the First Amendment, the Deleos granted an access easement on their prope...

Excerpt: ...regnancy-related medical condition and retaliated against her when she complained about the lack of accommodation and food safety violations. Plaintiff filed the Complaint on 2/21/23, alleging 1) discrimination; 2) retaliation (FEHA); 3) retaliation (Labor Code S 1102.5); 4) failure to prevent discrimination and retaliation; 5) failure to accommodate; 6) failure to engage in the interactive process; 7) wrongful termination; 8) negligent training ...

Excerpt: ...ver for that were not properly disclosed and were entirely optional and largely duplicative of pre-existing and coverages that came with the vehicle. Plaintiff also contends the vehicle had defects with its electrical system. Plaintiff's Complaint asserted the following causes of action: (1) violation of Song-Beverly Consumer Warranty Act; (2) violation of Consumers Legal Remedies Act; (3) deceit; (4) negligent misrepresentation, (5) violation of...

Excerpt: ...ction for: (1) breach of governing documents and violation of the Davis-Stirling Act, (2) breach of the governing documents and violation of the Davis-Stirling Act (l), (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder, and (5) breach of fiduciary duty (supplemental). 80th Roberts and Gilbert have filed cross-complaints against the Association asserting claims for express indemnity and dec...

Excerpt: ...the risks inherent in the activity by driving at a high rate of speed in close proximity to Plaintiff's boat. Summary adjudication of the Plaintiff's claim for punitive damages should be denied due to Defendant's failure to file a separate statement in compliance with CRC Rule 3.1350(b). Factual and procedural background: Plaintiff was operating her boat on Lake Havasu, California. Plaintiff alleges that Defendant drove his boat within less than ...

Excerpt: ...ear of Plaintiff's vehicle (2019 Nissan Sentra) and vehicles purchased in Southern California and the specific defects cited by Plaintiff, to wit: electrical, structural, and transmission system defects which resulted in symptoms affecting drivability and reliability. However, the Court declines to rule on objections stated by Defendant unless or until Defendant fails to respond at the deposition, after which Plaintiff may move for order compelli...

Excerpt: ...ight and collided with Plaintiffs vehicle. Plaintiff filed the operative Complaint on 2/16/23, alleging: (1) Negligence — Automobile; (2) Negligence — Vehicle Code 517150; and (3) Negligent Entrustment. Plaintiff requests punitive damages for the first and third causes of action. By this motion, Turnstyle asks that the requests for punitive damages be stricken. Plaintiff opposes contending that he plead sufficient facts to support a request f...

Excerpt: ...dismissed Dyami. Defendants McCoy, Pacheco and Coldwell Banker settled and the court granted good faith settlement on 10/6/20. Plaintiffs dismissed these Defendants on 11/3/20. This resulted in a bench trial and on 9/13/21, the court found in favor of Plaintiffs for $8,628.08. On 9/22/21, Plaintiffs filed a memorandum of costs for $7,141.00. The Court granted a motion to offset the $8,528.08 judgment against Darren Vaught and struck the costs sou...

Excerpt: ...ngle cause of action for negligence. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production of Documents, Set One, Nos. 1-15. Plaintiff argues the responses are not Codecompliant. Defendant opposes and argues further responses and documents were served on 5/19/23 as such the moton is moot. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production of Documents, Set One,...

Excerpt: ...ces, materials and equipment furnished. Defendant answered on 7/7/22. Trial is set for 10/20/23. Defendant moves for leave to file a compulsory cross complaint against Plaintiff pursuant to CCP 5426.50 and 5428.50 on the grounds that there is cause for defendant to bring various causes of action against plaintiff, that the motion is brought in good faith, and that it is in the interest of justice that the court grant it. The moton contains some i...

Excerpt: ... injured and required extensive medical treatment as a result of her slip and fall on a grape in the produce secton of Rio Ranch Market on 8/27/20. Defendant served Plaintiff with Requests for Production of Documents on 12/19/22. Plaintiff served her responses on 1/20/23. Defendant believed Plaintiff's responses were insufficient. The parties met and conferred. The instant motion to compel followed. Defendant seeks an order to compel further resp...

Excerpt: ...t (FCA); (7) negligent repair (Moss). They allege that the vehicle had multiple defects including the electrical system, loss of power, causing hesitation, requiring updating/reprogramming of the powertrain control module and/or transmission control module, vehicle jerking, fuel pump module, jolt upon shifting, etc. Defendants filed separate motions to compel arbitration based on the arbitration agreement in the RISC. They argue Felisilda applies...

Excerpt: ...and 7th causes of action. Denied as to the 4th, 6th, and 8th causes of action. Request for Judicial Notice: Granted Plaintiff's Request for Judicial Notice of the existence of the court records as RJN Nos. 1-7, Exs. "1"-"7" and of the truth of the court orders and RJN Nos. 4-5, Exs. "4"-"5". Evidentiary objections: Plaintiff's Objection Nos. 1, 11, and 20-22 are overruled. Plaintiff's Objection Nos. 2-5, and 13-15 are sustained. Defendants' Evide...

Excerpt: ...rike out irrelevant, false or improper matter, or "any part of any pleading not drawn or filed in conformity with the laws ofthis state, a court rule, or an order of the court." (CCP 5436.) To support a demand for punitive damages under Civil Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in Civil Code S3294(c). As defined in the statute, malice is "conduct which is intended by the defendan...

Excerpt: ...hat he was not permitted to take bathroom breaks. As a result, Plaintiff allegedly developed abdominal pain. Plaintiff alleges that he sought medical treatment and was diagnosed with an intestinal disorder related to his inability to use the bathroom during working hours. Plaintiff requested an accommodation to have access to a toilet at all times. Plaintiff alleges that Defendant refused to accommodate. Plaintiff, who was 60-years old at the tim...

Excerpt: ...requested a two-week extension, but then on 7/11/22 served objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demandng code compliant verified further responses. (ld., 7.) After obta-ning another two-week extension, Plaintiff served verified responses on 8/9/22 and produced 13 pages of Bates labeled documents. (ld., '1 11-12, Exh. 3.) On 8/26/22, Tilt met and conferred as to the substantive responses and requested f...

Excerpt: ...anty, from Defendant. (Complaint, "14, 7.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendant was unable to repair. (See Complaint generally.) The Complaint sets forth causes of achon for: (1) Violation of Song-Beverly Act, Express Warranty; (2) Violation of Song-Beverly Ac...

Excerpt: ...sing her to suffer complications. She later learned her ureter had been cut during the procedure. As to defendants Mary C. Gentle, M.D. ("Gentile") and Jason Desadier, D.O. ("Desadier"), Plaintiff alleges they provided care and treatment to her followng the surgery and failed to diagnose the condition. Plaintiff filed the Complaint on February 2, 2022, alleging a single cause of action for medical malpractice. Evidence supporting the motion: Plai...

Excerpt: ...his First Amended Complaint eight causes of action for 1) whistleblower retaliation, 2) retaliation Gov. Code 512940(h), 3) retaliation Labor Code "98.6, 96(k), 4) failure to prevent discrimination, harassment and retaliation, 6) wrongful termination in violation of public policy, 7) wrongful termination in violation of Gov. Code #12940, et seq„ and 8) UCL violations. Defendant California Department of Correctons and Rehabilitations (COCR) demu...

Excerpt: ...gers"), an employee and officer of Plaintiff, took funds from Plaintiffs checking account without its consent and transferred $182,25003 from Plaintiff's checking account to Berger Harrison, APC's ("Berger Harrison") client trust account. Out of these funds, $99,067.26 were inappropriately used for Collura related purposes. Some of these funds were also given to Rogers. The complaint contains one cause of action for conversion of funds. Default w...

Excerpt: ...prings. Pursuant to the Option, Nanette had the option to purchase the subject property for $275,000 any time from 12/00/20 to 12/3121. On 12/28/21, Nanette issued a notice to extend the Lease to 4/30/22 and exercised the option to purchase the property. On 1/12/22, the parties executed the California Residential Purchase Agreement and Joint Escrow Instructons ("Purchase Agreement") and opened escrow with Nanette's deposit of $5,000. Shortly ther...

Excerpt: ...reement. Plaintiff is a surety, and this indemnification action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, (All In) a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. Plaintiff alleges that on 2/2/18, a Hold Harmless and Indemnity Agreement was made between Plaintiff and Defenda...

Excerpt: ... liable to Plaintiff for another student, Defendant Guadalupe A., harming her. The Complaint filed on 11/12/19 alleges two causes of action against the District for negligence and one cause of action for intentional tort against Guadalupe. District has submitted evidence that Plaintiff did not tell any District member about the incident when it occurred on 3/8/19. (UMF 6-8.) District also submits evidence that Plaintiff did not tell any staff mem...

Excerpt: ... claim to their insurer, State Farm General Insurance ("State Farm"), which acknowledged coverage. (ld. at 1, 3, 4.) State Farm then engaged numerous vendors to for repairs, including Plaintiff P.W. Stephens Environmental, Inc. ("PW. Stephens") and Cross-Defendant Nextgen Inc. dba Service Master Restoration ("Service Master"). (ld. at 5.) In January 2020, the Molinas entered into written agreements with P.W. Stephens for asbestos remediation and ...

Excerpt: ...UAL AND PROCEDURAL BACKGROUND, LEGAL AUTHORITIES AND ANALYSIS FOR ALL FOUR (4) MOTIONS IS SET FORTH IN THIS TENTATIVE. Factual and procedural background: This is a personal injury action. Plaintiff Kevin Matthew Myers alleges that on 11/12/19, he was driving on the 1-15 freeway in Corona when defendant Seth Joseph Winks ("Wnks") negligently operated an excavator, striking the overhead power cables causing them to fall onto Plaintiff's vehicle and...

Excerpt: ...e produce section of Defendants' retail store, she stepped on a grape which, to her, had fallen on the floor, causing her to lose her footing and fall hard to the floor, landing roughly on her posterior, with her right leg bent underneath her and her left leg extended. (Complaint, pg.4, 2.) Plaintiff alleges that she suffered various injuries to her left ankle, knee, and hip and was transported to the local emergency room. (ld. at 3.) On 12/19/22...

Excerpt: ...; lack of actual notce pursuant to CCP S 473.5(a)); and that the judgment is wid. The motion was also combined with Defendants' motion to quash service of summons. Based on evidence presented by both sides, the Court found Defendants did not make a sufficient showing justifying the requested reliefs. On 2/27/23, Defendants filed this motion, requesting that the Court vacate its 2/16/23 order denying their motion to set aside defaults. Defendants ...

Excerpt: ...ed to invest $250,000 into TruView. He signed a proposal and provided TruView with $250,000. TruView's attorneys were supposed to prepare additional documents regarding this agreement but these documents were never prepared. Fien contends that in exchange for his $250,000 investment, he was supposed to receive a 20% partnership interest in TruView and a seat on the Board of Directors. It was also agreed that the parties would possibly create two ...

Excerpt: ...ning of CCP S 425.15(c)(1). Objections to the Declaration of Rick M. Martn are sustained and the Court declines to rule on the remainder of the objections by both parties. Factual and procedural background: Plaintiff Noemi Diaz ("Diaz") was employed by Defendant Taqueria La Tapia LLC ("Taqueria") from August 2018 to August 7, 2019 as a server. During that time, she alleges she was subjected to sexual harassment by Taqueria's Chief Executive Offic...

Excerpt: .../17/22, Plaintiffs Brandon Michael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Construction LLC and Jorge Humberto Quezado, alleging negligence and loss of consortium. After the Court granted leave to amend, Plaintiff filed the First Amended Complaint ("FAC") on 2/7/22 adding a claim for vicarious liability. Defendants now demur to the third cause of action for vicarious liability fo...

Excerpt: ...injuries and sustain damages. Plaintiff filed his Complaint on 9/27/21 alleging two causes of action for motor vehicle and general negligence. Defendant, Grigor Minanian dba Grigor Transportation (Grigor), brings this motion for an order for terminating sanctions against Plaintiff for abandoning his case. (CCP S 2023.030(d), Grigor denies liability, which he claims is supported bythe Traffic Collision Report (TCR) made by the Riverside Police Dep...

Excerpt: ...intiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, 9, 18, 23-24.) Plaintiff filed her Complaint on 4/7/22, against defendant Nissan North America, Inc. ("NNA"). The Complaint sets forth three causes of action: (1) Violation of the Song Beverly...

Excerpt: ...nesses were operated during the marriage and the community and separate interests in the businesses are to determined by the Family Law Court. Plaintiffs allege Defendant was employed by them in an administrative capacity, that she was issued corporate credit cards and made over in personal, unauthorized charges. On 1/3/23) Breach of Fiduciary Duty. Defendant now demurs to the complaint on the ground this matter stems from the dissolution action ...

Excerpt: ...rious transmission defects that Defendant was aware of and failed to disclose. (Complaint 10-59.) Plaintiffs provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle.(Complaint '1 52-66, 79.) Plaintiffs filed the Complaint on 11/15/22 asserting causes of action for violations of Song-Beverly Act, breach of express and implied warranties and fraudulent inducement- concealment. Defendant demurs to the fra...

Excerpt: ...erved objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demanding code compliant verified further responses. (ld., '1 7.) After obtaining another two-week extension, Plaintiff served verified responses on August 9, 2022 and produced 13 pages of Bates labeled documents. (ld., 11-12, Exh. 3.) On August 26, 2022, Tilt met and conferred as to the substantive responses and requested further code compliant verified furth...

Excerpt: ...ed Plaintiff's gun safe in a Toyota and Plaintiff called the police. The suspects, Defendants Nicholas Almejo, Mahmoud Salah, Mataeo Waring, Darrell Skakhan Hollawayne, and Darrell Skakhan Hollawayne, Jr., were ultimately located, his property was recovered, and Almejo and Waring were criminally charged. On 11/9/22, Plaintiff filed his complaint alleging the follow-ng causes of action: 1) conversion; 2) trespass to chattel; 3) trespass to land; 4...

Excerpt: ...47 ($175 hr. X 3.5 + $450 X 1.5 + $50). Factual and procedural background: This is a lemon-law acton under the Song-Beverly Consumer Warranty Act. Plaintiffs allege that the 2018 Chevrolet Silverado they purchased on 6/6/19 was delivered on several occasions for repair of certain nonconformities. (Complaint, "1 15, 17-18.) Further that Defendant GM failed to conform the vehicle to the applicable warranties, and failed to either replace the vehicl...

Excerpt: ...ed Complaint (FAC) on the grounds it fails to state fact sufficient to constitute a cause of achon and is uncertain. (CCP S 430.10(e) & They argue the FAC is based on eight legal matters they represented Plaintiffs in, but as to six of the matters there are insufficient allegations regarding showing breach and causation. Plaintiffs oppose and argue a demurrer to a part of a cause of action is not proper. They argue they allege eight separate lega...

Excerpt: ...kground: Plaintiff alleges that she moved into Defendant Diamond Valley RV Resort with her personal RV, when she purchased a new manufactured home from Defendant Kelly Mac (Mac) that was manufactured by Defendant Cavco Industries (Cavco). The property manager, Mooshi 8ijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until ...

Excerpt: ...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") and Estrella Construction, LLC ("Estrella"), which are allegedly the same company as Tilt. Tilt also hired Defendant HCH Construction ("HCH"). Plaintiff alleges that Tilt...

Excerpt: ... $228,753.07 to Defendant. Factual and procedural background: his is a partition action and dispute over commercial property. The subject property is a multi-tenant commercial property containing a series of separate buildings located at the street addresses of 4154 to 5198 Etiwanda Avenue in Jurupa Valley ("subject property"). The plaintiffs, who are married and the defendants Gloria H. Lozano (Lozano) and Sergio F. Gonzalez (formerly married) a...

Excerpt: ...ac) for negligence, strict liability, breach of warranty, breach of implied warranty of merchantability and fitness, and unjust enrichment. (CCP S Plaintiff asserts that this motion is timely, and there will be no prejudice to Kelly Mac from the proposed amendment, which is primarily intended to add or alter legal theories based on facts already pleaded. Defendant, Kelly Mac, opposes the motion arguing that Plaintiff unreasonably delayed this mot...

Excerpt: ...f consideration (Civil Code S1689(b)(1) - (2)). On 5/13/15, Los Portales' predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Fitness. On 4/6/20, Fitness breached the lease by failing to pay the rent. On 8/11/21, Fitness filed a cross-complaint against Portales. After the court sustained demurrers as to the 1st-5th causes of action, on 3/7/22, Fitness filed the Second Amended Cross- Complaint (SACC) for: (1) breach...

Excerpt: ...5/22, the clerk entered Defendant's default at Plaintiff's request. On 10/25/22, the clerk entered Defendant's default judgment. Defendant moves to set aside entry of the default and default judgment. (CCP S 473.5.) Defendant declares she was never served with any documents regarding this case and Plaintiff knows where she lives and works in Tijuana and never tried to serve her at either place. Defendant states she became aware of the case and th...

Excerpt: ...auses of achons for, account stated, money had and received, recession, breach of contract, breach of fiduciary duty, fraud and declaratory relief. On 9/3/21 the Protective Order was signed by the Court. On 10/18/22 Plaintiff served a Request for Production of Documents (Set wo) to Full Spectrum Bottling. On 11/21/22, Defendant served its responses. Plaintiff was not satisfied with the response and sent a meet and confer email on 12/15/22. Defend...

Excerpt: ...each Defendant, who currently reside in Mexico City, Mexico and are Mexican citizens, by mail and acknowledgement of receipt of service. However, the person who signed the "Acknowledgement of Receipt" was the Plaintiff Patrick McNeal. Attached and marked as Exhibit A-C are conformed copies of the of service filed by Plaintiff Patrick McNeal. Either Plaintiff, who's a disbarred attorney, does not properly know when and how to use a Notice and Ackn...

Excerpt: ...d. On 8/19/2022, Plaintiff filed a Complaint against Defendant, alleging thirteen (13) causes of action arising out of Defendant's alleged employment discrimination. On 11/16/2022, Plaintiff propounded her first set of discovery on Defendant, including Requests for Production of Documents ("RFPs"). (Delvaux Decl. '1 2, Ex. A.) There are 75 requests in Plaintiff's RFPs. (Magana Decl. 3.) On 1/11/2023, Defendant provided responses, committing to pr...

Excerpt: ...ments exist as part of the court record or file, but not for the truth of the matter stated therein, unless the matters are indisputably true. (Evidence Code, S452(d); Sosinsky v. Grant (1992) 5 Cal.App.4th 1548, 1564-1569.) Factual and procedural background: Plaintiffs have brought this achon on behalf of themselves and derivatively on behalf of Green America, Inc., a cannabis dispensary business, against Defendants who have allegedly, wrongfull...

Excerpt: ...(2) Intentional Misrepresentation; (3) Negligent Misrepresentation; ) Breach of Contract; (5) Negligence. Named Defendants are Thomas Allen, Karen Kula-Garner; All California Brokerage lnc„ a corporation; and Merit Home Inspectors, a corporation. Defendant "Merit Home Inspectors, a corporation" was named and served as a corporation, but no such corporation exists. The only business done under the name "Merit Home Inspectors" is a sole proprieto...

Excerpt: ...int "1 15-18.) After a year and spending hundreds of thousands of dollars, the system did not work. (Complaint 27-46.) In the process of trying to fix the system, Defendants caused the battery backup system to spark which set fire to the storage shed containing hundreds of thousands of dollars of equipment. (Complaint 50-57.) Another contractor was hired to replace the system. This contractor informed Plaintiff that little of the original work do...

Excerpt: ...ling Act (l), (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder, and (5) breach of fiduciary duty (supplemental). Both and Gilbert have filed cross-complaints against the Association asserting claims for express indemnity and declaratory relief. Defendants move for an order striking the fifth cause of action of the Third Amended Complaint ("TAC") filed by Plaintiffs pursuant to the Anti-SL...

Excerpt: ... with Defendant/cross-complainant Brian Conway ("Conway"), in which Renova agreed to act as a direct contractor and furnish services, labor, and materials necessary to provide and install a solar energy system at Conway's home (the "subject property"). A dispute arose between the parties, in which Conway alleged that Renova was negligent in its work and damaged the subject property thereby. On 2/21/2020, Renova recorded a mechanic's lien on the s...

Excerpt: ...Defendant Meritage Homes of California, Inc. ("Meritage"), residential constructon projects. (ld. at 7.) Beginning in 2020, COVID-19 pandemic caused a drastic increase in material prices. (ld. at 9.) Due to the cost increase, McGee Contracting attempted to negotiate the contract price with Meritage, but failed. (ld. at "1 11—12.) McGee Contracting then notified Meritage that it could no longer meet its contractual obligations. (ld. at 14.) upon...

Excerpt: ...020 GMC Sierra 2500 manufactured and/or distributed by Defendant General Motors (GM). (Comp. '16.) Plaintiff received an express written warranty on the vehicle and alleges that the vehicle contained or developed defects during the warranty period, including defective door system, defective body system, defective interiors, defective electrical systems, and a defective air conditioning system. (Comp. 910 and 912.) Plaintiff filed the operative Co...

Excerpt: ...y Defendant GM. (Comp. 96.) Plaintiff received an express written warranty on the vehicle and alleges the vehicle contained or developed defects during the warranty including a defective engine. (Comp. "110-12.) Plaintiff filed the operative Complaint against GM on 10/12/22 alleging the followng: (1) Violation of Civil Code S1793.2(d); (2) Violation of Civil Cade 51793.2(b); (3) Violation of Civil Code (4) Breach of Express Written Warranty; and ...

Excerpt: ...f James Williams is deceased. Also undisputed that there has been no successor-ininterest pursuant to Code of Civil Procedure (CCP) S 337.32(a). Plaintiff's counsel has no client to represent in this action and thus no legal authority to file documents on behalf of plaintiff or represent plaintiff. Factual and procedural background: This is a personal injury case. Plaintiff James Williams Second Amended Complaint alleges 5 causes of action for 1)...

Excerpt: ...serts one cause of action for medical malpractice against the defendants. Her husband, Vegas Davis, has asserted a loss of consortium cause of action. Dr. Onyekwuluje ("Dr. O") moves for summary judgment on grounds that Plaintiffs' action for medical negligence and wrongful death against this defendant has no merit and fails to present any triable issues of material facts against this defendant. Plaintiffs' have failed to present any triable issu...

Excerpt: ...l Detainer Case" or "UD Case"). The UD Case was filed by Joice Motamedi and Joe Russo, defendants in the instant action, against Plaintiff Maria Marquez. Motamedi owns the commercial property located at 42030 Main Street, Unit A, Temecula. Russo assisted Motamedi as an informal property manager for Unit A. The UD Case arose out of Marquez's alleged illegal sub-tenancy with sub-lessor Shana Ackerman. In the UD Case, it was alleged that a Notice to...

Excerpt: ...y Mac dba Diamond Valley RV Resort (CVR12203692); (2) Kelly Shannon v. Kelly Mac dba Diamond Valley RV Resort (CVR12203879); and (3) Angela Butler v. Kelly Mac dba Diamond Valley RV Resort Both Plaintiff Perez and co-Defendant Cavco Industries, Inc. oppose the motion. Legal authorities and analysis: CCP S 1048(a) allows a court discretion to consolidate pending actions if they involve a common question of law or fact. This provision provides: "Wh...

Excerpt: ...ich manages commercial properties in the counties of Riverside, Orange and San Bernardino. (Complaint, 7.) Plaintiff was hired as a non-exempt employee of MPl on 6/24/19. (Complaint, 5, 8.) Plaintiff's duties included, among other things, visiting properties, performing property inspections, drafting lease agreements, drafting evicton notices, appearing at small claim proceedings, answering phones, handling monthly billing, processing tenant stat...

Excerpt: ...Bright Futures"), Perris Union High School District ("PUHSD"), and County of Riverside (the "County"), through 50 (collectively, "Defendants"). On 1/17/2023, Plaintiffs filed their First Amended and Does 1 Complaint ("FAC") against Defendants, alleging (1) assault and battery (by Clarissa against aright Futures), (2) negligence (by all Plaintiffs against all Defendants), (3) negligent retention and hiring (by all Plaintiffs against Bright Futures...

Excerpt: ...ural background: Plaintiff alleges that on 6/6/21, at McCall Blvd and Sandy Lodge Road in Menifee, Plaintiff, who was riding his bike, collided with an object attached to a fire hydrant that was obstructed by an cwergrown tree and poor lighting. A Protective Cage Rental was attached to the fire hydrant and improperly installed such that it was encroached on the sidewalk. The complaint, filed 5/27/22, asserts general negligence and premises liabil...

Excerpt: ...g with a companion when she tripped and fell on uneven or protruding pavement in front of a residence located 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 December 18, 2020, Plaintiff served a government tort claim on the City pursuant to the Government Claims Act. Plaintiff'...

Excerpt: ...he expiration of the two year statute of limitations, Defendant terminated his representation by letter. The letter stated that the date of the collision was 12/16/18 and although the letter repeatedly stated that the two year anniversary of the accident was coming up and that Plaintiff needed to file a cause before that date, the letter did not give the exact date of expiration of the statute of limitations or whether Defendant would assist in p...

Excerpt: ...tial and owned by Defendants. The County filed the Complaint on 3/15/22 for preliminary and permanent injunctive relief for abatement of a nuisance. The County filed proofs of service showing Defendants were personally served with the summons and complaint on 3/26/22. Defendants were given notice of ex parte hearing and they appeared on 4/27/22, at which time the Court granted the County's ex parte application for a TRO, ordering Defendants to ce...

Excerpt: ... 6/24/19 and 7/18/19, the defendants provided negligent care and treatment to Collins, who initially sought emergency care on 6/24/19 for multiple symptoms arising out of her pregnancy. The complaint sets forth causes of action for medical malpractice and loss of consortium. Dr. Basch now moves for summary judgment. Dr. Basch, who treated Collins after the delivery of a stillborn baby and whose treatment plan included continued administration of ...

Excerpt: ...Marilyn filed an Answer and CrossComplaint (“Marilyn XC”), and on 10/21/22, Frank filed an Answer and Cross-Complaint (“Frank XC”). Both cross-complaints are nearly identical with the exception of the third cause of action, as noted further below. Cross-complainants allege that Nanette and Brian Frasier (“Brian”) approached Marilyn on 8/12/20, after learning she intended to sell the subject property for $315,000. Nanette (a licensed r...

Excerpt: ...llowing 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 incident until she had sought advice from the District's lawyer. F...

Excerpt: ...medi and Joe Russo, defendants in the instant action, against Plaintiff Maria Marquez. Motamedi owns the commercial property located at 42030 Main Street, Unit A, Temecula. Russo assisted Motamedi as an informal property manager for Unit A. The UD Case arose out of Marquez's alleged illegal sub-tenancy with sub-lessor Shana Ackerman. In the UD Case, it was alleged that a Notice to Terminate Tenancy had been served and Marquez had failed to vacate...

Excerpt: ... of a 2021 Hyundai Santa Fe (the “Vehicle”), sets forth causes of action for violations of the Song- Beverly Consumer Warranty Act. Defendant now moves to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract (“RISC”). Defendant argues that although it is not a signatory to the RISC, it may invoke the RISC's arbitration provision under the doctrine of equitable estoppel because the claims against Defendant a...

Excerpt: ...cl. ¶ 4.) The vehicle was presented to FCA's authorized dealerships on numerous occasions but they were unable to repair the vehicle within a reasonable number of attempts. (Compl. ¶¶ 14–15.) Plaintiff alleges that FCA knew that the vehicle suffered from the prevalent defects, but nevertheless failed to repurchase the vehicle in violation of the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”). (Id. at ¶ 33.) On 2/22/2022, Plaint...

Excerpt: ...round: Plaintiff alleges that Defendant Laticia K. Brown's vehicle (“Laticia”) rear-ended Plaintiff Karen Stewart's (“Plaintiff”) vehicle. On 11/22/2021, Plaintiff filed a Complaint for Damages against Defendants Laticia, Korey Brown, Cheryl Lynn Rocio, and Ean Holdings, LLC. At the time of the collision, Laticia's vehicle was insured through State Farm and also through Aspire General. On 4/25/2022, Plaintiff served upon Laticia her first...

Excerpt: ...t. Furthermore, because the policies and procedures involve confidential information and trade secrets, the parties are ordered to meet and confer regarding a protective order. Denied as no further responses are required for RFP Nos. 16, 20, 32, 37, 38, 39, 40, 41, 42, 43, 45 and 46. Factual and procedural background: On 6/9/19, Plaintiffs, purchased a 2018 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured and/or distribute...

Excerpt: ...ng 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 tree. Decedent was fatally injured and Safa suffered severe injuries. Raedah N. Saheh (Raedah) and Azmi Abdel Hafeeth Ali (Ali) are Decedent's suc...

Excerpt: ...la, California. Plaintiff agreed to sell the property for $2.5 million. Plaintiff's mortgage had an outstanding balance of $1,185,000, meaning Plaintiff had $1,315,000 in equity. The buyers agreed to pay $1,350,000 in cash at the close of escrow and the remaining $1,150,000 in six months. Plaintiff agreed to carry back the $1,150,000 on a promissory note secured by the property with six monthly interest payments, with the note to be paid off in f...

Excerpt: ...icial notice of Plaintiffs Government Claims, in order to establish the truth of the attached police reports. However, it is improper to take judicial notice of a police report. (Petricka v. Department of Motor Vehicles (2001) 89 Cal.App.4th 1341, 1345 n.1.) Factual and procedural background: On 2/25/22, Defendant Mark Anthony Buelna (“Deputy Buelna”), a Deputy with Defendant County of Riverside (“County”) (collectively “Defendants”),...

Excerpt: ...complaint to Hussam . Defendants did not file a response to the Complaint, and their defaults were entered on 12/22/20. On 12/10/21, Plaintiff filed its First Amended Complaint (FAC) for breach of lease and guaranty. The FAC named as defendants Poke-Ria, Inc., Hussam and Chade Joher (Chade). Based on the POS filed in this case on 2/16/22, 3/29/22, and 4/12/22, Defendants were served with the summons and FAC by substituted service. Specifically, C...

Excerpt: ... background: Plaintiff Calvary Church of God in Christ (“Plaintiff” or the “Church”) is a nonprofit religious corporation and operates a church that was led by Pastor Lucious Jones (the “Pastor”) until his death in October 2018. Shortly before his death, the Pastor transferred all of the Church's real properties and two of the Pastor's real properties to defendant CO.TE.EN Corp. (“CO.TE.EN”) dba Three Desert Streams, which is owne...

Excerpt: .../19 and the operative second amended complaint (“SAC”) on 1/14/21, against defendant's Jim Yueh Hsieh (“Hsieh”), Ying Zhang (“Zhang”), Tsuichen Chu (“Chu”), Wu Yuan Hsieh (“Wu Yuan”), Helen Pei-Lun Hsieh (“Helen”), George Wei (“Wei”) and Cindy Yeh (“Yeh”). Plaintiffs are in the business of purchasing scrap plastics and metal and exporting the material to Asia for further processing and recycling. Hsieh, Wei and non...

Excerpt: ...eous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under the auto policy issued by National General Insurance Company (“National”). State Farm partially paid...

Excerpt: ...21, a fire destroyed their personal property, including a pickup truck, trailers, fences and miscellaneous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under th...

Excerpt: ...alley RV Resort with her personal RV, when she purchased a new manufactured home from Defendant Kelly Mac (Mac) that was manufactured by Defendant Cavco Industries (Cavco). The property manager, Mooshi Bijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until it was sold. Bijah told Plaintiff that she would not receive title...

Excerpt: ...purchase of a 2005 Honda S2000. On 12/12/, Plaintiff propounded his first set of Form Interrogatories (“FROGs”). Defendant timely served responses. Plaintiff found the answers to be incomplete/evasive, and on 1/14/23, Plaintiff sent a short email message demanding a further response. Plaintiff on 1/18/23, filed a motion to compel further responses to Nos. 7.1, 7.2, 7.3, 9.1, 9.2, and 15.1. Plaintiff argues in short measure that Defendant's re...

Excerpt: ...es, a plaintiff must plead allegations of fraud, malice, or oppression with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations ma...

Excerpt: ...floor, sustaining injuries. (Compl. 5.) On 4/14/2021, Plaintiff served Defendant with his first set of Requests for Production of Documents (“RFPs”). (Martirosyan Decl. ¶ 2, Ex. A.) On 6/18/2021, Defendant served its responses, objecting to the requests. Notwithstanding its objections, Defendant agreed to produce the following: “its relevant Standard Operating Procedures regarding store security,” in response to RFP Nos. 8, 9, 11, 12, 16...

Excerpt: ...ide. On 8/17/22, Plaintiffs Brandon Michael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Construction LLC and Jorge Humberto Quezado. The Complaint contains causes of action for 1) negligence asserted by Brandon Clemison and 2) negligence (loss of consortium) asserted by his wife Lauren Clemison. Plaintiffs seeks to add the third cause of action for vicarious liability to “protect t...

Excerpt: ...vide the supplemental responses within 10 days of this order. The request for sanctions is denied. Factual and procedural background: On 3/14/21, Plaintiff purchased a 2020 Chevrolet Traverse (“Subject Vehicle”), which was manufactured and/or distributed by Defendant General Motors, LLC (“Defendant”). In connection with the purchase, Plaintiff received various express warranties. Plaintiff alleges that several defects arose during the war...

Excerpt: ...Interrogatories: granted as to Nos. 7, 8, 12, 13, 14. As to Request for Production of Documents: denied as overbroad 10l, 11, 12, 13, 14 (also vague and ambiguous), 15, 16, 19. Given the mixed results, the request of each party for sanctions, is denied. Factual and procedural background: Plaintiff alleges that he suffered injury when he was hit on his bicycle by Defendant Juan Mancilla while in the course and scope of his employment with Defendan...

Excerpt: ...2) Violation of Song‐Beverly Act – Breach of Implied Warranty (against BMW NA); and (3) Violation of Song‐Beverly Act, Civ. Code § 1793.2(b) (against BMW NA); and (4) Negligent Repair (against Beverly Hills BMW). The action is based breach of warranties and other violations related to the condition of the vehicle. The Defendants move to compel Plaintiffs to arbitrate their claims under the Lease Agreement. BMW NA. Defendants contend that a...

Excerpt: ...inst 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 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20, Defendant breached the lease by failing to pay the rent. On 8/11/21, Defendant filed a cross‐complaint against Plaintiff. After the...

Excerpt: ...4/19 and 7/18/19. She contends that the defendants negligently and carelessly examined, diagnosed, advised, cared for and treated Karli Collins. She asserts one cause of action for medical malpractice against the defendants. Her husband, Vegas Davis, has asserted a loss of consortium cause of action. Defendant Shana Yeager, MD file this motion for summary judgment. The only evidence offered in support of the motion are the Request for Admissions....

Excerpt: ...l is set for 5/12/23. Defendant seek leave to file a cross‐complaint, pursuant to CCP §§ 426.50 and 428.50, on the grounds that the proposed Cross‐Complaint arises out of the same facts relating to the subject transaction and occurrence, and pertains to the same subject property to which the action relates, as set forth in the Plaintiff's Complaint. Defendants assert that the facts that support the filing of the proposed Cross‐Complaint w...