Excerpt: ...cle was rear‐ended by Defendant, Cesar Chavez (Chavez). Plaintiff filed her Complaint on 10/25/18 alleging two causes of action for general and motor vehicle negligence. Summary of Motion: Chavez brings this motion to compel Plaintiff to submit to a medical examination by neurologist, Steve McIntire, MD, PhD. since she has placed her medical condition in issue in this case. Chavez asserts that on 10/9/19, he served a demand for Plaintiff's medi...

Excerpt: ... ordered that Plaintiff submit any supplemental briefs/evidence before 12/30/19. On 1/6/20, Plaintiff submitted a “Notice of Withdrawal of Opposition and Non‐opposition to for Summary Judgment.” ANALYSIS Notwithstanding Plaintiff's non‐opposition, the Court is still required to analyze the merits of Cottonwood's summary judgment motion. The Court has thus reviewed the moving papers and evidence submitted by Defendant Cottonwood Canyon Hil...

Excerpt: ...t, Physicians for Healthy Hospitals dba Hemet Valley Medical Center (HVMC) from 11/7/17 through 11/29/17, and of Kindred Hospital – Riverside from 11/29/17 to 1/4/18. Plaintiff alleges that during Decedent's stay he was mentally incapacitated due to dementia and other conditions. Plaintiff allege Defendants had a duty of care to Decedent to plan his care and treatment, ensure he received services, provide assessments, assistance, and documentat...

Excerpt: ...ements to the property. Plaintiff's first amended complaint (FAC) on 9/11/19 alleges that on 4/25/17, he and defendant entered into an oral agreement (contract) to purchase an investment property in Riverside. Defendant agreed to provide the down payment, defendant's father agreed to co‐ sign on the loan for five years and after obtaining the loan remove her father from title. Then, at the end of five years, plaintiff alleges he would refinance...

Excerpt: ...d agreement was in Page 2 of 11 writing via the September 21, 2015, correspondence by SLS. (FAC, ¶ 19.) Plaintiffs adequately plead harm and prejudice. (FAC, ¶¶ 28, 31, 35.) Plaintiffs need not allege tender because they allege Defendants breached their contractual and statutory obligations when they foreclosed on the property. (See Fonteno v. Wells Fargo Bank, N.A. (2014) 228 Cal.App.1358, 1374; Chavez v. Indymac Mortg. Services (2013) 219 Ca...

Excerpt: ...entifying information; and to provide a privilege log for any documents withheld as privileged, private, proprietary, or trade secret within 45 days. The Court denies the request for monetary sanctions. SUMMARY OF MATTER Plaintiffs, Sandra Ugalde and Rolando Garcia, allege that on 6/26/14, they purchased a new 2014 Chevrolet Cruze from General Motors, LLC. They allege the vehicle was delivered to them with serious defects and nonconformities, and...

Excerpt: ... granted with 20 days leave to amend. Plaintiff is granted leave to amend as to the punitive damages claim and to amend the first amended complaint to name Jennifer Bangalan Taguba as Doe 1, to designate the fictitious business name of defendant Parkview and, to identify Doe 30, in the event the identity of Doe 30 is discovered before filing the second amended complaint. SUMMARY OF MATTER Background & Relevant Procedural History: This is a premis...

Excerpt: ...nt General Motors LLC (“GM”). Plaintiffs allege that on October 4, 2015, they purchased a used 2011 Buick Regal (the “Vehicle”) and that express warranties accompanied the sale of the Vehicle. (Complaint, ¶ 8.) However, the Vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities. (Id., ¶ 9.) Although Plaintiffs delivered the Vehicle to an authorized...

Excerpt: ...s struck against the curb by a tractor and trailer driven by Defendant Brianna Terry and owned by Defendant Werner Enterprises, Inc. (collectively “Defendants”). Plaintiff allegedly suffered serious injuries to her thumb, wrist, shoulder and back. She filed her Complaint on November 16, 2018. She asserts two causes of action for: (1) General Negligence; and (2) Motor Vehicle Negligence. On August 2, 2019, Plaintiff served discovery, including...

Excerpt: ...o J. Villegas alleges that on 10/30/15, he purchased a new 2015 Nissan Sentra from Defendant, Nissan North America, Inc. (Nissan), which had a defective continuously variable transmission (CVT). Plaintiff alleges the defective CVT was installed in all Seventh generation (model year 2013 – 2017) Nissan Sentras including the one sold to Plaintiff. He alleges that the defect causes hesitation from a stop before acceleration; sudden, hard shaking d...

Excerpt: ...le was struck by a truck driven by John Doe and owned by defendant One World, LLC (“Defendant”). Plaintiffs filed their Complaint on November 9, 2018, alleging causes of action for general negligence and motor vehicle negligence. On April 26, 2019, Defendant served the first depositions notice on Caliz and Cortez for appearance on June 25, 2019 (at 10:00 am and the other at 2:30 pm, respectively). Plaintiffs objected and the depositions were ...

Excerpt: ... Plaintiff Jeff Ettleman (“Plaintiff”) alleges he purchased a new 2003 Ford F‐250 truck from defendant Ford Motor Company (“Defendant” or “Ford”) on February 2, 2003, after representations by sales staff and in promotional materials touting the power and reliability of the truck's superior 6.0 liter diesel Navistar engine. Plaintiff alleges the 6.0 diesel engine was defective. On October 22, 2013, Plaintiff filed the Complaint again...

Excerpt: ...wer to Plaintiff' s Complaint. Plaintiff Page 7 of 14 had filed a Motion for Trial Preference due to the Plaintiff's age on July 30, 2018, which was granted. Discovery then proceeded along the terms of the advanced trial preference schedule. On April 17, 2019, CalOaks appeared in this Court for the hearing on the Motions to Compel to request for an order compelling Plaintiff to produce a signed verification to her response to CalOaks' Spe...

Excerpt: ... served with the summons/complaint and all related motion documents. Additionally, while this was not the ground for the continuance, the two opposing Defendants who did appear at the 9/09 hearing (CHANG Z. KIM and YOUNG H. KIM, GRANT's parents) filed a second Opposition that morning. On 9/19/19, the Court filed a proof of service indicating that Defendant GRANT S. KIM was personally served with all related pleadings and papers on 8/30/19. As suc...

Excerpt: ... column is used by the moving party for its material facts with citations to the evidence below the fact. The right column is reserved for use by the opposing party. (See, California Rule of Court, Rule 3.1350(h).) Defendant's separate statement references issues that Defendant believes are relevant to the case, but does not include actual statements of fact. For example, “whether there is a CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPA...

Excerpt: ... is sustained with 30 days leave to amend as to all CrossDefendants. SUMMARY OF MATTER This case involves the breach of an option contract to purchase real property. Plaintiff West Coast Management (“West Coast”) purchased on option to buy the subject property from sellers, Victor and Zenaida Bijasa (“Sellers”) in May 2017, pursuant to which Sellers agreed to sell the subject property to West Coast for a fixed amount during the option per...

Excerpt: ... of an interchange at Interstate 215 and Placentia Avenue in Riverside County (new northbound and southbound on and off ramps, realignment of the East Frontage Road, and related improvements). The 7/02 Notice of Deposit establishes that Plaintiff deposited $700,000 in the State of California Condemnation Deposits Fund as probable compensation for the property (per appraisal prepared by Joyce L. Riggs of Riggs & Riggs, Inc.). MOTION: Plaintiff mov...

Excerpt: ...f today's order. The Court denies the request for sanctions. Per the parties, the motion is moot as to the remaining requests. SUMMARY OF MATTER: Plaintiff filed the complaint in this matter on November 13, 2017 and the operative second amended complaint on April 8, 2019 against defendants Thomas Built Buses, Inc., (“Thomas Built”), Daimler Trucks North America LLC (“DTNA”). A‐Z Bus Sales, Inc. and Goodyear Tire & Rubber Company (“Goo...

Excerpt: ...'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 make interest‐only payments, 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. 1.) Plaintiff alleges that he faithfully paid ...

Excerpt: ...e habitable dwelling; (2) breach of covenant and right to quiet enjoyment; (3) nuisance; and (4) negligence. Plaintiffs allege that they rent property in Riverside from Defendant SPSSM Investments, LP. Plaintiffs contend that since April 2014, there was an infestation of cockroaches and rodents; broken/missing window screens, inoperable heater, no smoke detectors/broken carbon monoxide detector; mold and mildew; leaky faucets; plumbing issues; no...

Excerpt: ...the court dismissed Defendant Murphy's Star. On 4/3/19, Plaintiff filed a proof of service indicating service by mail as to Defendant Precision Risk Management. The court entered default on 4/15/19. Defendant moves to dismiss on the grounds that Plaintiff executed a release when it settled with Plaintiff. In opposition, Plaintiff contends that she was told if she did not sign, she would not have any claims. ANALYSIS: Defendant is currently in def...

Excerpt: ...ified for defendant Marathon General, Inc.), and the deposition testimony of Anthony Pascanik (the person most qualified for defendant Lennar Homes of California, Inc.).) The court finds that based on all of the evidence presented, the height differential between the base pavement layer and the concrete gutter was in the range of one inch to one and three‐quarters inches. While there is no arbitrary set height differential for determining a tri...

Excerpt: ...al. (Tun v. Wells Fargo Dealer, Servs., Inc. (2016) 5 Cal.App.4th 309, 323.) A new trial on this ground is warranted when the case was resolved by a ruling that was erroneous as a matter of law. (Cassady v. Morgan, Lewis & Bockius LLP (2006) 145 Cal.App.4th 220, 229; see also Mangano v. Verity, Inc. (2009) 179 Cal.App.4th 217 [judge properly denied Plaintiff's motion for new trial based on plaintiff's claim that judge improperly granted defendant...

Excerpt: ... 2004, Plaintiff Felix Segura (“Plaintiff”) obtained a loan from Defendant Aames Home Loan (Aames) for $362,274.00, which was secured with a deed of trust (DOT) against the subject property. On October 6, 2006, Aames assigned its interest in the DOT to Defendant Well Fargo Bank N.A. (“Wells Fargo” or “Defendant”). Wells Fargo provided a first lien loan for $332,000 (“First Lien”) and a Home Equity Line of Credit $30,000 (“HELOC�...

Excerpt: ...ss‐Complaint against OPITZ alleging claims arising from OPITZ' breaches of the joint venture agreement and a subsequent stipulated settlement, as well as claims for extortion and fraud. The 5/20/19 1st Amended Cross‐Complaint (FACC) by OPITZ asserts 17 causes of action (C/A) against McBRIDE and numerous entities involved in the purchase/sale of the investment properties: (1) Breach of Partnership Agreement (against McBRIDE); (2) Breach of Fid...