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: ...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: ...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: ... 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: ...las‐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 (Defendant) after using the restroom at Defendant Adams Motorsport Park. Plaintiffs allege that Defendant caused a dangerous condition to exist for both motorists and pedestrians accessing Adams Motorsport Park. As a result, Plaintiffs filed their...

Excerpt: ... to amend, and on 12/17/18 (after obtaining leave), Plaintiffs filed their First Amended Complaint (FAC). On 2/28/19, Defendant again filed a demurrer, and on 5/7/19, the court sustained the unopposed demurrer without leave to amend (after posting the tentative ruling). On the same day, the court entered judgment. Moving Papers: Plaintiffs move for reconsideration of the court sustaining the demurrer with leave to amend. Alternatively, Plaintiffs...

Excerpt: ...rt grants the County's to compel Plaintiff to give further responses to Request for Production, without objection: 36; 55. All such responses must be provided within 20 days of today's date. The Court grants sanctions against Plaintiff in the amount of $1,512.00. SUMMARY OF MATTER On May 2, 2018, Plaintiff Kenneth Ray Bowling Jr., filed this lawsuit against the County of Riverside and Rhyan Miller, alleging that he suffered discrimination, harass...

Excerpt: ...intiff, Brian E. Rogers (plaintiff or Rogers) alleges that he obtained a loan on 4/7/05 from Countrywide Home Loans, Inc. secured by a deed of trust on his home at 7018 Freesia Court in Corona. Defendant Nationstar Mortgage LLC (Nationstar) services the loan and defendant Wells Fargo Bank N.A., as Trustee for the Holders of the SARM 2005‐14 Trust Fund (Wells Fargo) contends it owns the beneficial interest in the deed of trust for the Trust Fund...

Excerpt: ...he common benefit. (Stutz v. Davis (1981) 122 Cal.App.3d 1, 6 [reversing the trial court and holding that two lienholders named as Page 3 of 8 defendants could not recover attorney's fees because the fees were not incurred for the common benefit].) The court also rejects defendant's contention that it is entitled to its attorney's fees based on this court's Order Granting Plaintiff's Motion for Judgment on the Pleadings, Entry of Interlocutory Ju...

Excerpt: ...rize an award of attorney's fees in a civil action involving the perpetrator of a crime. Plaintiff is entitled to costs as the prevailing party, but that amount is reduced per CCP section 998, subd. (c). As for Defendant's motion for “sanctions” under Code of Civil Procedure, the motion is granted but is limited only to defendant's reasonable and justified postoffer costs. Defendant provides no authority for his entitlement to attorney's fees...

Excerpt: ...008 he and Eduardo formed Lalo's Auto Repair, LLC (“LLC”). In 2015, Eduardo hired Araceli Gomez (“Araceli”) to work for the LLC. The parties began to have disagreements and in 2016, Eduardo informed Plaintiff that he no longer wanted to be business with him and created a new business, Lalo's Auto Services & Repair, Inc. (“Lalo”). Eduardo has filed a first amended cross‐complaint against Michael and Julio Rodriguez (“Rodriguez”)....

Excerpt: ...91 freeway. Defendant Ronnie Alex Sr. Jewell was traveling eastbound on the 91 freeway when Jewell's car veered to the right shoulder and collided with the vehicle occupied by Plaintiff. Plaintiff alleges that Jewel negligently operated his car, including failing to keep a proper lookout for other cars and making an unsafe turning movement in violation of Vehicle Code §22107. Plaintiff also alleges that Castaneda impeded traffic in violation of ...

Excerpt: ...sion Larue II Limited Partnership and Mission Larue Limited Partnership filed a cross‐complaint for indemnity, contribution, comparative fault and declaratory relief against Plaintiff, Myles McIntosh and Leecy Pierce. They assert that Plaintiff suffers from medical conditions that deemed him a fall risk, and that Myles McIntosh and Leecy Pierce should have known that risk and not allowed him to go out for the walk. On 12/4/17 and 6/13/18, Defen...

Excerpt: ...enjoined. Her FAC allegations include the failed securitization of her mortgage loan, invalid and/or void assignments of the underlying Note and DOT, and Defendants' lack of standing to foreclose. The FAC alleges 5 causes of action: (1) Wrongful Foreclosure (against US BANK, OCWEN and WESTERN PROGRESSIVE); (2) Unfair Business Practices (B&P §17200 et seq.) (against ALL DEFENDANTS); (3) Fraud by Deceit (against US BANK, MERS); (4) Fraud (Deceit) ...

Excerpt: ...laintiff fails to allege sufficient facts showing extreme or outrageous conduct. 16th – 22nd causes of action: OVERRULED. Plaintiff alleges sufficient facts in support of these claims. The motion to strike is GRANTED with 20 days' leave to amend. Plaintiff fails to plead sufficient facts showing malice, oppression or fraud giving rise to a claim for punitive damages. (See below.) With respect to Co‐ defendants Infinity Energy, Inc. and INFY C...

Excerpt: ...s THE PRESERVE, LLC, which is in Chapter 7 Bankruptcy. Defendant JOHN J. MENCHACA is the Bankruptcy Trustee for The Preserve Estate. A Deed of Trust recorded against the Property on 10/23/06 identifies Defendant NATIONAL FINANCIAL LENDING LLC (NFL) as Trustee, and NFL also holds a 24% interest in that DOT. In an Orange County Superior Court action (Gomberg vs. National Financial Lending, LLC, Case No. 30‐2015‐00796029), RICHARD K. DIAMOND was...

Excerpt: ...him to the emergency department of Loma Linda University Medical Center. Upon arrival at the hospital, Roderick Williams was unresponsive or unconscious. Two days later, while still in ICU, Roderick Williams died. Petitioners Demajay Williams, Destiny Williams, Jodi Williams and Tammy Johnson Williams (Petitioners) believe that Roderick Williams died because of injuries sustained while in the custody of City of Menifee and County of riverside. On...

Excerpt: ...laintiffs”) allege that, on December 21, 2006, they obtained a mortgage loan from Family Lending Services, Inc. (“FLS”) in the amount of $596,600, which loan was secured by a deed of trust on property (“DOT 1”) located at 8211 Fieldstream Court in Corona (“subject property”). (First Amended Complaint (“FAC”), ¶¶ 12, 13.) Plaintiffs also obtain a second loan in the amount of $149,150, secured by a second deed of trust on the su...

Excerpt: ...sue with respect to KMC and HMC. Goehring v. Superior Court (1998) 62 Cal. App. 4th 894, 911. SUMMARY OF MATTER On May 28, 2012, Plaintiffs Jose and Alicia Enriquez (“Plaintiffs”) purchased a 2012 Kia Optima, which was manufactured and/or distributed by Defendant Kia Motors America (“KMA”). Plaintiffs received a 5‐year warranty at the time of purchase. Plaintiffs allege that during the warranty period, the vehicle developed numerous def...

Excerpt: ...sor at Moreno Valley College and was granted tenure on March 17, 2009. Thompson was investigated in 2014/2015 because of student complaints and an investigative report dated November 9, 2015, was issued. (AR353‐389.) The President of the college at the time, Dr. Sandra Mayo, issued her determination on March 3, 2016, and Thompson was given a 90‐day notice of unprofessional conduct and unsatisfactory performance. (AR609‐611.) Thompson was al...

Excerpt: ...t to engage in the necessary weighing and balancing analysis. (National Football League v. Fireman' Fund Ins. Co. (2013) 216 Cal.App.4th 902, 926‐27.) That is, there is no evidence to demonstrate that the balance of private and public interest factors makes it “just” that the litigation proceed in an alternative forum. (Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, 1463.) Factual / Procedural Context Plaintiff filed the complaint in thi...