Excerpt: ...judice. SUMMARY OF MATTER On November 2, 2015, Plaintiff Carrie L. Baker (“Plaintiff”) was admitted to a facility operated by Defendant CalOaks Care Group, Inc. dba CalOaks Senior Living (“Defendant”). Defendant is a Residential Care Facility for the Elderly (“RCFE”) but is not a skilled nursing facility, and, as such, does not provide medical care. Plaintiff suffered from dementia and limited mobility. She alleges that because Defend...

Excerpt: ...��City” or “Defendant”) boundary. His property is adjacent to property owned by the City, which ad in the past been used as a gun range for law enforcement. Since February 2013, the City has leased the gun range to defendants Matthew Johnson and his business, WRSP, LLC (“Johnson Defendants”), who now operate a private gun range on the property. On November 18, 2014, Plaintiff filed the original complaint against the City and the Johnson...

Excerpt: ...0. SUMMARY OF MATTER This is a complaint for Negligence / Premises Liability, arising from Plaintiff BARRY McINTOSH's May 22, 2017, slip & fall on a walkway at the Mission Palms Apartments (a senior community at 5875 Mission Blvd., Jurupa Valley). The property is owned by the MISSION LARUE PARTNERSHIP Defendants, and managed by Defendants CONAM MANAGEMENT CORPORATION and Community Manager PAUL HOOVER. Each Defendant has filed a Cross‐Complaint ...

Excerpt: ... of a motor vehicle accident that occurred on August 31, 2016 when defendant Carol Saylor (“Defendant”) rear‐ended Plaintiff Wilford Parker's (“Plaintiff”) vehicle. Plaintiff filed the complaint on March 9, 2018. Plaintiff now moves for leave to amend the complaint to add a claim for punitive damages. Plaintiff contends that Defendant was intoxicated at the time of the accident, drove at least 60mph into the back of Plaintiff's vehicle,...

Excerpt: ... or otherwise damaging the community message board; (3) from posting or communicating any false or unauthorized statements on the HOA website without prior express approval by the Board; (4) from taking any of Plaintiff's monies or properties without prior express approval by the Board; and (5) from dissipating or otherwise disposing of any monies previously taken from Plaintiff, and/or real or personal property which was purchased with any monie...

Excerpt: ...intiff 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”). Wells Fargo provided a first lien loan for $332,000 (“First Lien”) and a Home Equity Line of Credit $30,000 (“HELOC”). Each loan was secured wi...

Excerpt: ...ia Kashawn Little arising out of an unpaid business loan. According to the proof of service filed August 29, 2018, a registered process server personally served Defendant Little at 26371 Casa Encantador Road, Moreno Valley on July 24, 2018. The court entered default on August 29, 2018, and default judgment on March 14, 2019 in the amount of $53,534.72. Page 6 of 7 Moving Papers: Defendant Little moves to vacate the judgment on the grounds of serv...

Excerpt: ...laration a general description of the reasons why she did not attend the last deposition with regard to her daughter. Plaintiff shall file and serve that declaration by May 31, 2018. In that regard, the Court sustains objections #5‐8 to Plaintiff's attorney declaration; all other objections are overruled. Page 4 of 7 SUMMARY OF MATTER This is a sexual harassment complaint. Plaintiff Veronica Strozensky (“Plaintiff”) alleges that Defendant Y...

Excerpt: ...loyees; and (3) loss of consortium. On June 1, 2016, Plaintiff Maria Gutierrez was walking to her car near the street sidewalk in front of her residence when she tripped on a raised water meter. She contends that the water meter had lifted and the dirt around it created a hole due to root damage from a tree on city property, resulting in the water meter to shift. After obtaining leave of court, City filed a cross‐complaint against Plaintiffs fo...

Excerpt: ...mart. Plaintiff alleges that MEP does not hold a valid California contractor's license, and was fraudulently using the license number of an unaffiliated sole proprietor to convince Plaintiff it was licensed. Plaintiff paid MEP at least $94,940.10. Plaintiff filed its Complaint on 2/20/19 alleging three causes of action: 1) breach of contract (against MEP); 2) disgorgement under Bus. & Prof. Code §7031 (against MEP); and, 3) declaratory relief (a...

Excerpt: ...enter (“Defendants”). The complaint sets forth causes of action for violation of the Song‐Beverly Act, fraudulent inducement/concealment and negligent repair arising out of his purchase of 2011 Dodge Durango SUV. On June 15, 2018, the Honorable John P. Farrell entered judgment following a jury verdict in favor of Plaintiff in the total amount of $137,238.75 plus the costs of suit and attorney fees (“Judgment”). On September 10, 2018, th...

Excerpt: ...of any sought‐for costs. SUMMARY OF MATTER This is a Song‐Beverly Act complaint arising from Plaintiff's November 2014 purchase of a new 2015 Mercedes‐Benz S550V for $143,115.36. On February 21, 2018, Plaintiff accepted Defendant's CCP §998 Offer to Compromise: Defendant agreed to pay Plaintiff $91,387.93, to pay off the remaining balance on the loan in the amount of $37,772.62, and to pay Plaintiff's reasonably incurred court costs, attor...

Excerpt: ...ward sanctions. SUMMARY OF MATTER: This is a negligence/NIED complaint arising from a 4/18/16 motor vehicle collision on Norco Hills Road in Corona. Plaintiff MIZRA JENSEN was driving her two minor children (Plaintiffs VANESSA and PRESTON JENSEN) when they were struck by Defendant's vehicle. MOTIONS: Defendant moves to compel all three Plaintiffs to appear/testify at deposition, and seeks $1,465 monetary sanctions against each of them. None of th...

Excerpt: ...s in the new amount of $40,425.00. The Court shall again deny the request for a multiplier. The Court shall not rule on the request for costs. Petitioners have now filed a memorandum of costs, however the Court takes no action unless Respondent moves to tax costs under California Rules of Court, rule 3.1700. SUMMARY OF MATTER (The following discussion mirrors the Court's last tentative, with the exception of additional fees sought.) On January 12...

Excerpt: ...ship and contacted her former servicer, Bank of America, and obtained a loan modification agreement, which names Bank of America as the lender, when it was merely the servicer. She disputes Bank of America was the lender and any subsequent assignment. She alleges that Defendant Nationstar is a debt collector with no standing to foreclose. She filed this action on October 18, 2017. After the court granted Defendant's JOP, Plaintiff filed the First...

Excerpt: ...objectively consented to the terms and is thus bound by them. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 811 (“The existence of mutual consent is determined by objective rather than subjective criteria, the test being what the outward manifestations of consent would lead a reasonable person to believe.”).) Defendant's request for attorney fees is DENIED. SUMMARY OF MATTER This is a wrongful foreclosure action. Plaintiff...

Excerpt: ... claims for punitive damages must be pleaded with particularity as to the facts Page 8 of 8 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 may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (General Tel. Directory Co.) (1981...

Excerpt: ...y, which covered the gasoline direct injection engine that was manufactured by Defendants Kia Motor Corporation and Hyundai Motor Company. The engine contained defects including oil flow restriction causing stalling, engine failure, replacements, etc. Plaintiffs contend that Defendants advertised the engine's performance and design. Plaintiffs further assert Defendants were aware the defect, concealed it and still sold Page 2 of 8 vehicles with i...

Excerpt: ...ory Note and DOT securing the property. He subsequently experienced financial difficulties and defaulted. A NOD was recorded on August 15, 2017, followed by a June 11, 2018, NOTS. Five business days before the scheduled foreclosure, Plaintiff submitted a February 20, 2019 request for loan Page 2 of 4 modification. On February 25, 2019, ROUNDPOINT's agent Kristen confirmed receipt of the request and said it would take 24 hours to clear their syste...

Excerpt: ... than May 29, 2019. The Court will not accept further briefs. Factual / Procedural Context Plaintiffs Ghasan Tabel and Ghasan Tabel M.D., Inc. (“Plaintiffs”) filed the complaint in this action on December 15, 2015, against defendants Hospital Corporation of America (“HCA”), Riverside Community Hospital (“RCH”), Ben Russo, Kenneth Dozier and Russ T. Young (“Defendants”). Plaintiffs seek to recover damages because of the decline in ...

Excerpt: ...e purchased a new 2017 Chrysler on July 28, 2017, that has material defects and malfunctions with the transmission shifter, vehicle emissions, audio interface and vehicle dashboard screen. Plaintiff further alleges that Defendant FCA US LLC (“Defendant”) failed to correct those defects despite at least five (5) repair attempts. On August 10, 2018, Plaintiff filed the Complaint for breach of implied and express warranties under the Song‐Beve...

Excerpt: ...oug and Lynn Redman (“Owners”). Plaintiff alleges that while carrying a bucket of hot tar down a flight of stairs, he tripped on paper covering the stairs that was not property secured. The bucket of tar fell on Plaintiff causing severe burns to body and face. Neither Plaintiff nor Safari were licensed contractors. Page 2 of 5 Plaintiff filed his Complaint on November 14, 2017, and the operative First Amended Complaint (FAC) on March 2, 2018....

Excerpt: ...ements, surveillance footage, body camera footage, other audio and visual recordings stemming from the January 12, 2018 incident as detailed in Petitioner's brief. The Court finds that Petitioners are entitled to attorney's fees and costs as the prevailing party subject to a proper Motion. Factual / Procedural Context On 1/12/18, decedent Roderick Williams was detained outside Kohl's Department Store at which time a physical altercation ensued. O...

Excerpt: ...l, and business problems, which caused him to default on his loan. He contends that on February 28, 2019, five days before a scheduled foreclosure on his home, he requested a loan modification and submitted a complete loan modification application. He asserts that he was allegedly informed by one of defendant PennyMac Loan Services, LLC's (“PennyMac”) employees that PennyMac would not review his loan because there had been a late trial paymen...

Excerpt: ...hicle they purchased—a used 2008 Mercedes Benz C300 (subject vehicle)—was misrepresented. (See Kelley v. Adams Service Center, et al., RIC 1402555(Kelley I.) In that action the Kelleys asserted causes of action for fraud and violation of the Consumers' Legal Remedies Act, alleging defendant Adams Service Center, Inc. dba J&M Auto Sales #2 (J&M Auto) failed to disclose the Mercedes had frame damage. The trial court granted J&M Auto's summary j...