Excerpt: ...t by owner at 819 La Cadena Lane, Corona, alleging Defendant PENNYMAC committed violations of HBOR, Unfair Business Practices, and Rosenthal Fair Debt Collection Practices Act in the course of its attempt to foreclose on the property. After the Court denied PENNYMAC's Motion for CCP §128.7 Sanctions, Plaintiff dismissed his entire action on 7/15. PENNYMAC's 7/19 Memorandum of Costs seeks $2,093.54: $1,381.00 filing and motion fees, $414.24 servi...

Excerpt: ...nizes that this motion is unopposed, given that the Court has struck Opitz's opposition/request, the Court is mindful that as to cross‐defendant Corinthian, the Court sustained with 30 days leave to amend on September 4, 2019, meaning that the cross‐complaint could be filed by October 4, 2019. While the Court has considered the deposition of Opitz, the motion for sanctions appears to be premature. That is, it is difficult for the Court on one...

Excerpt: ...il October 16, 2019. However, in order to alleviate any confusion or necessitate multiple filings, the Court on its own motion shall extend Plaintiff's right to file an amended complaint as to all defendants 30 days from today's hearing. The Clerk of the Court is to give notice of the Court's order. DEMURRER Plaintiff alleges that her bladder may have been injured during the TAH/BSO surgery (to which she apparently consented) and that she “at n...

Excerpt: ...arties to the case that would imply a duty is owed to Opitz by NextHome. The claims against NextHome are entirely predicated on NextHome failing to follow the terms of some type of agreement between Opitz and McBride, to which NextHome is not a party and the FACC does not allege otherwise. The Court grants cross‐defendants request for judicial notice. With respect to Optiz's late request, he indicates that he has been ill for the past month and...

Excerpt: ...relating to A.N. RFP Nos. 9 and 10: GRANTED on the condition that responding party must redact any information disclosing the identity of minors and/or foster children. SUMMARY OF MATTER Plaintiff G.M., a minor, by and through his guardian ad litem (“Plaintiff” or “G.M.”) brings this action against the County of Riverside and numerous employees of the Department of Public Social Services Children's Division (“DPSS”) and the sheriff's ...

Excerpt: ...ed pipe/culvert. Plaintiffs allege that Department of Parks and Recreation employees were driving in the area, and one stopped to warn nearby people nearby that they were breaking park rules and would get kicked out of the park if they continued to smoke. Although close enough to observe the numerous people swimming in the water at that location, the employee made no mention of any danger in swimming at that location, or that people should not an...

Excerpt: ...jandra Castillo. Plaintiff alleges defendants Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Javier Garcia, recorded on 11/14/15 notarized by Juan Castillo. Subsequent to sustaining Defendant Alejandra Castillo's demurrer to the First Amended Complaint, Plaintiff filed his Second Amended Complaint(SAC) against defendants alleging causes of action for (1) breach of con...

Excerpt: ...usion or necessitate multiple filings, the Court on its own motion shall extend Plaintiff's right to file an amended complaint as to all defendants 30 days from today's hearing. The Clerk of the Court is to give notice of the Court's order. One further note: the hearing today was originally scheduled for September 4, 2019, at 8:30am in D‐3. It was continued because Plaintiff filed his opposition on August 29, 2019, which of course meant that th...

Excerpt: ...ege that during the warranty period, the vehicle developed numerous defects, including problems with the engine, transmission and steering. Plaintiffs allege that Kia failed to disclose the defects. They assert that Kia was not able to correct the defects multiple attempts by service agents. Plaintiffs filed their Complaint on December 7, 2018, and the operative First Amended Complaint on January 31, 2019. They assert seven causes of action for: ...

Excerpt: ... then the Court shall grant the preliminary injunction but require a bond to be posted in the amount of the principal and interest at 10%. SUMMARY OF MATTER Plaintiff Sonia Huitron alleges that Defendant Santiago Urias is not a licensed real estate broker, but had arranged a usurious loan of 18% secured by a second deed of trust to Plaintiff in 2007. Urias then assigned his interests to Defendant 2nd Chance Mortgages, including the second deed of...

Excerpt: ...warranty. Plaintiff alleges that the vehicle was delivered with serious defects and nonconformities to warranty, including transmission defects. The complaint asserts the following 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 the Song‐Beverly Act (section 1793.2, and (4) fraudulent inducement (concealment). Summary of Demurr...

Excerpt: ...by a pit bull dog named “Kow” when leaving work on 4/13/18, and sustained severe injuries. The dog was owned by Defendants Michael Smithling, Kelly Brown, and/or Blake Burns, and was off leash at the time of the incident. Plaintiff contends that the dog had bitten another individual a few months earlier and the Inland Valley Human Society (“IVHS”) took inadequate actions to protect the public from the dog. Plaintiff contends that IVHS is ...

Excerpt: ...eipts is not Payne's. Second, Payne offers testimonial evidence, which has not been refuted. Moreover, even if Payne had actual notice of the action, the default judgment appears to be void for lack of proper service. CCP § 415.40 requires actual receipt by the defendant. (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019), §§ 4:379‐80, 4:402; Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 1001;...

Excerpt: ...ges that on May 17, 2017, she suffered a bladder injury as a result of Dr. Rey's negligent performance a total abdominal hysterectomy and bilateral salpingo‐oophorectomy (TAH/BSO). (FAC, ¶¶ 10, 13.) Subsequent surgeries/procedures have been unable to resolve the injury completely, and Plaintiff continues to suffer complications. (FAC, ¶¶ 10, 13, 18‐20.) The FAC sets forth three causes of action against all defendants: (1) professional neg...

Excerpt: ...mplaint in this lemon law case on 8/21/18 against defendant General Motors, LLC (“Defendant”). The action arises out of the Plaintiffs' purchase of a 2011 Buick Regal (the “Vehicle”). The complaint sets forth causes of action under the Song‐Beverly Consumer Warranty Act for breach of express and implied warranties. Page 8 of 10 By this Motion, Plaintiffs seek to compel Defendant to provide further responses to Requests for Production 26...

Excerpt: ...�10, 13, 15, 17, 18, 20, 21, 25, 26, 30 and 32, which Defendant stipulates to dismiss. The motion is DENIED as to Plaintiff's 1st, 3rd, 4th and 5th causes of action. Plaintiff failed to meet his initial burden that Defendant failed to comply with Labor Code § 1198.5. Plaintiff also failed to meet his initial burden that he was able to perform the essential functions of his job with or without reasonable accommodation that Defendant did not make ...

Excerpt: ...olution provision requiring the parties to engage in “normal contract negotiations” to resolve any dispute and if not successful, “first endeavor to settle the dispute using mediation.” Defendant contends the dispute resolution provision is a condition precedent and that plaintiff did not engage in normal contract negotiations and did not mediate the matter before commencing the lawsuit. The court finds the contract dispute resolution pro...

Excerpt: ...to a final judgment and that the hardship it will suffer outweighs any hardship to JRO. (See CCP § 1255.410(a)‐(b). See also Declaration of Patricia Romo, ¶¶ 8, 12‐13; Declaration of Jennifer Riel McClure, ¶ 3; Declaration of Charles Staley, ¶ 3; Summary of Basis of Appraisal (filed May 13, 2019); Notice of Deposit (filed May 20, 2019) [reflecting estimate of fair market value and deposit of $2,580,000]). JRO's challenges are without mer...

Excerpt: ...ity of success on the merits. The balance of harms also tips in favor of Plaintiff, as Defendants have not shown grave or irreparable interim harm in the issuance of an injunction. SUMMARY OF MATTER: This is an action for abatement of a public nuisance. Plaintiffs, the People of the State of California (the “State”) and the City of Jurupa Valley (the “City”) (collectively “Plaintiffs”), allege defendants Leontina F. Balos, an individu...

Excerpt: ...substance. She further alleges that Defendants failed to maintain the floors, place warning signs, warn, and exercise due care. On 6/22/18, Plaintiff filed a complaint for premises liability and negligence. Trial is currently set for 1/3/20. The Court notes that Defendants have a pending summary judgment motion set for 10/10/19. Summary of Moving Papers: Plaintiff contends that after discovery, she needed to provide more specifics to the allegati...

Excerpt: ...f Matter This lawsuit arises out of a business dispute between plaintiff OGA USA, Inc. and Nationwide Uniform Group, Inc. Paragon was named as a cross defendant in Nationwide' s First Amended Cross‐Complaint ("FAC"), filed on or about October 26, 2018. In its FAC, Nationwide claims that Paragon owed Nationwide $57,427.80 ("Subject Funds") for various products Paragon purchased from Nationwide. (FAC,¶ 98) At about the time N...

Excerpt: .... (“Plaintiff” or “ADS”) is in the business of collecting, removing and transporting mixed construction and demolition material from construction sites from various locations in Southern California. ADS alleges that, on September 16, 2016, it entered into a written agreement with Regional Connector Constructors (“RCC”) located in Riverside to provide roll‐off containers for a long term contract for the LA Metro rail extension projec...

Excerpt: ... Corona location. Plaintiff alleges that he worked long shifts frequently over eight hours a day and over forty hours a week for which he was not compensated; and, performed numerous activities without compensation. Plaintiff filed his Complaint on 11/5/18 alleging ten causes of action: 1) failure to pay minimum wages; 2) failure to pay overtime wages; 3) failure to provide meal periods; 4) failure to authorize and permit rest periods; 5) failure...

Excerpt: ... Dominguez‐Florez & Johnny Nickolas‐Rey Manzo (Plaintiffs) allege that decedents David Furry and Celeste Dominguez sustained fatal injuries when they were struck by a vehicle while crossing Market Street in the City of Jurupa Valley after using the restroom at Defendant Adams Motorsport Park (Defendant.) Plaintiffs allege that Defendants caused a dangerous condition to exist for both motorists and pedestrians accessing Adams Motorsport Park v...

Excerpt: ...ich collided with a trailer truck driven by Defendant Pedro Guerrero, which resulted in Plaintiff's broken shoulder. Trial is not set. Moving Papers: Defendants move to dismiss the case on the grounds that Plaintiff has not complied with the court's discovery order on 2/4/19, which granted Defendants' motion to compel responses to form interrogatories, requests for production, and appear for deposition. Opposition: Plaintiff's counsel submitted a...

Excerpt: ... Court denies the motion. ANALYSIS: The court may, upon a motion made pursuant to CCP §435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire pleading, or any part thereof. (CCP § 435; Warren v. Atchis...

Excerpt: ...e proceedings until either its default is set aside or default judgment is entered. (See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385‐86.) Thus, the entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. (W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App.2d 67, 71.) FACTUAL / PROCEDURAL CONTEXT: Plaintiff filed the complaint in this employment disc...

Excerpt: ...��Espinoza” or “Plaintiff”), a disabled man with multiple infirmities. Plaintiff alleges that, on May 14, 2012, he was admitted to Mt. Ruidouxidence Opco LLC dba Provident Mt. Rubidoux, a skilled nursing facility (“Mt. Rubidoux”). Plaintiff alleges Luther Mangoba, M.D. (“Dr. Mangoba” or “Defendant”) is the Medical Director for Mt. Rubidoux and Plaintiff's primary physician. At the time of admission, Dr. Mangoba noted Plaintiff h...

Excerpt: ... and then failed to pay its own subcontractors, vendors and suppliers (in violation of the contract and California Business & Professions Code §7108.5). Plaintiff filed this Interpleader Complaint after several Stop Notices were filed during the midst of construction. Other related Complaints (including one by Plaintiff for Breach of Contract against US CONTROLS) were subsequently consolidated. The dispute between Plaintiff CANYON SPRINGS and De...

Excerpt: ...ly false declaration of compliance recorded with the NOD in December 2014. As such, both claims are pre‐petition claims that should have been scheduled when Plaintiff filed the petition for bankruptcy in December 2018. (11 U.S.C. 521(a); Turner v. Cook (2004) 362 F.3d 1219, 1226; Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 945.) Plaintiff's argument that the claims did not arise until after the Bankruptcy was discharged in March 2019 is unsup...

Excerpt: ...Defendants engaged in a series of fraudulent efforts, and that numerous irregularities exist, in the foreclosure process, which requires the pending trustee's sale be enjoined. Plaintiff's First Amended Complaint's (“FAC”) allegations include the failed securitization of her mortgage loan, invalid and/or void assignments of the underlying Note and Page 2 of 7 DOT, and Defendants' lack of standing to foreclose. The FAC alleges five causes of a...

Excerpt: ...and threatened him with a 4x4 truck while yelling insufferable racial slurs. Plaintiff's 1/18/19 FAC alleges eleven causes of action: (1) Assault; (2) Fraud; (3) Negligence; (4) Quiet Title; (5) Trespass; (6) Ejectment; (7) Conjunction; (8) Invasion of Privacy; (9) Punitive Damages; Page 2 of 3 (10) IIED; and (11) Negligent Misrepresentation. The Proofs of Service filed 5/14/19 purport to show Substitute Service on each CARDOOS Defendant (1/19/19...

Excerpt: ...er's for repair, but they removed the original wire harness before putting in the new harness, rendering it unsalvageable as the old harness acts as a road map for the installation of the new harness. Plaintiff filed this action on 4/3/18 and filed the First Amended Complaint (FAC) as a matter of right on 7/2/18. After obtaining leave to amend, Plaintiff filed the Second Amended Complaint (SAC) on 11/30/18. The court then sustained the Defendants...

Excerpt: ...Plaintiffs were in, causing Plaintiffs damages. The complaint contains two causes of action for negligence. Summary of Motion: Plaintiffs bring this motion. They seek to compel Abrego's deposition. They contend that her deposition was noticed to occur on 6/25/19. Abrego submitted an untimely and improper objection to said deposition. While Abrego objections to the location of the deposition, Plaintiffs contend that they have complied with C.C.P. ...

Excerpt: ...ia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Javier Garcia, recorded on 11/14/15 notarized by Juan Castillo. Subsequent to sustaining Defendant Alejandra Castillo's demurrer to the First Amended Complaint, Plaintiff filed his Second Amended Complaint (SAC) against defendants alleging causes of action for (1) breach of contract; (2) fraud; (3) (omitted from SAC) (4) negligence ...

Excerpt: ...Holy Crossing”) is illegally selling marijuana from property located in Corona. The County prohibits commercial marijuana dispensaries in unincorporated areas. County sent Holy Crossing a cease and deist letter, but Holy Crossing failed to comply with said request. The complaint asserts one cause of action for nuisance per se. Page 2 of 3 Holy Crossing has filed a cross‐complaint asserting that County's ordinances and actions have infringed o...

Excerpt: ... Plaintiff/Cross‐Defendant Breckenridge Property Fund (“Breckenridge”) purchased the subject property at a foreclosure sale after Defendant/CrossComplainant Douglas Williamson (“Williamson”) allegedly failed to pay all assessments to CrossDefendant Georgetown Square Community Association (“Association”). The foreclosure sale was subject to redemption, but Williamson did not redeem the property. On January 29, 2018, the trustee for t...

Excerpt: ...ds for the motion must appear on the face of the pleading or from any matter of which the court is required to take judicial notice. (Cal. Civ. Pro. §437). Irrelevant matter includes allegations not essential to the claims; allegations neither pertinent to or supported by an otherwise sufficient claim; or a demand for judgment requesting relief not supported by the allegations. (Weil & Brown, Cal. Practice Guide: Civ. Pro. Before Trial (The Rutt...

Excerpt: ...he Court's order granting leave to amend. Any further amendment to these causes of action require further leave of court. SUMMARY OF MATTER This is a legal malpractice case. Plaintiff Betsaida Santana Lucas (“Plaintiff”) alleges that on January 27, 2015, she retained Defendant Nathan Mubasher (“Defendant”) to represent her in a legal malpractice lawsuit against her former attorneys. She alleges that she paid a $1000 retainer and Defendant...

Excerpt: ...gle family residence Sigafoes leased, with an option to purchase, at 40009 Coliseum Way in Murrieta (“subject property”) managed by defendant Ron Caruthers (Caruthers) for the owners, defendants, Jason Brawner and Lisa Brawner (collectively, “Brawners”) (Caruthers and the Brawners are referenced as “defendants” hereafter), when the ceiling collapsed causing them injury. Plaintiffs allege defendant should have known that there were wat...

Excerpt: ...d because defendants failed to meet and confer as required by CCP section 435.5. Plaintiffs also argue that sufficient facts regarding fraud are alleged and that fraud allegations are sufficient to support a claim for punitive damages in a premises liability case. ANALYSIS The court may, upon a motion made pursuant to CCP §435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of an...

Excerpt: ... is employed by Defendant Magnolia Maternity & Gynecology Clinic (“Magnolia”). Plaintiff alleges that her bladder was damaged during the surgery and she now requires the continued use of a catheter. In August and November 2017, Plaintiff underwent surgery to repair her bladder, but the damage could not be fully repaired. Plaintiff filed her Complaint on August 7, 2018, and First Amended Complaint on February 11, 2019. She asserts three causes...

Excerpt: ...s secured by a deed of trust on Plaintiff's property located at 2350 Del Mar #308 in Corona. (Plaintiff's Ex. 1; Defendant's Exs. 1, 2.) The terms of the HELOC include a 10‐year draw period, in which Plaintiff could obtain credit advances and interest‐only payments are made, followed by a 15‐ year repayment period in which the principal and interest are paid until the maturity date of September 15, 2031. (Plaintiff's Ex. 1; Defendant's Ex. ...

Excerpt: ... and McBride agreed to invest funds towards the purchase of multiple residential properties. FACX ¶ 14‐16. Mr. Opitz and McBride contributed funds to purchase the properties but each party had separate properties for which each was responsible— obtaining a mortgage, solely being on title, and eventually selling the property. Mr. Opitz and McBride agreed to share the proceeds from the sale of the residential properties. Id. McBride took title...

Excerpt: ...e filed 8/29/18, a registered process server personally served Defendant Little at 26371 Casa Encantador Road, Moreno Valley on 7/24/18. The court entered default on 8/29/18 and default judgment on 3/14/19 in the amount of $53,534.72. Moving Papers: Defendant Little moves to vacate the judgment on the grounds of service. She contends that it was her daughter who was served and not her, therefore, it was substituted service. She further contends s...

Excerpt: ...hiro and George Atilano alleged that they enrolled in Defendant California Baptist University's Aviation Flight program. Plaintiffs allege that the program is designed for students who want to become commercial airline pilots. The 2016‐2017 and 2017‐2018 catalogs indicates that students with no flight experience will receive six FAA credentials, and 200‐250 flight hours (2016‐2017) and 250‐300 flights hours (2017‐2018). Students are r...

Excerpt: ...ent, he and McBride agreed to invest funds towards the purchase of multiple residential properties. FACX ¶ 14‐16. Mr. Opitz and McBride contributed funds to purchase the properties but each party had separate properties for which each was responsible— obtaining a mortgage, solely being on title, and eventually selling the property. Mr. Opitz and McBride agreed to share the proceeds from the sale of the residential properties. Id. McBride too...

Excerpt: ...ears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence to support the verdict. If there is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.' ” [citations] “If the evidence is conflicting or if several reasonable inferences may be drawn, the motion for judgment notwithstanding the verdict...

Excerpt: ...ent and Intentional Misrepresentation. It also found that by clear and convincing evidence that Ford's conduct constituted malice, oppression or fraud. On March 25, 2019, the same jury returned a verdict of $253,861.02 for punitive damages. After receiving a proposed judgment from Plaintiff, Defendant filed objections on April 19, 2019. The Court thereafter set a briefing schedule on April 24, 2019 on its own motion in regard to the proposed judg...

Excerpt: ...C. On February 4, 2019, plaintiff noticed the deposition of defendant FCA's person most knowledgeable for February 19, 2019. The notice listed 14 subjects on which the PMK was to be deposed and also requested 10 categories of documents to be produced. Defendant promptly responded on February 11 with an objection to the notice, objecting not just to plaintiff's unilateral selection of a date and time but also objecting to at least part of virtuall...