Excerpt: ...ustee entered into a 7/01/2006 ten‐year Lease for Plaintiff to operate his New York Pizza restaurant. The Lease provided that it was to expire on 6/30/16, and included an Option to Renew provision. After Sarah passed away in 2010, Defendant MARION ARIAS became Successor Trustee and Plaintiff's landlord under the Lease. Beginning in 2014, Plaintiff and ARIAS entered into a number of oral agreements regarding Plaintiff purchasing the property. Wh...

Excerpt: ...VR‐WV HOA commenced foreclosure proceedings by recording a Notice of Default and Election to Sell. Defendant BRECKENRIDGE purchased the property for $108,000 at a 5/23/18 Trustee's Sale. The TDUS recorded 9/11/18 reflected the assessment lien was for $7,356.14. A Notice of Rescission of TDUS was recorded a week later, and a second TDUS was recorded that same day (9/18/18). Plaintiff filed this instant action on 12/04/18, alleging various irregu...

Excerpt: ...(Although there are two motions, the Court will describe the background in this portion of the tentative.) The County served responses on September 26, but Plaintiff determined that the several responses were insufficient. On October 23, Plaintiff's counsel sent a meet and confer letter. The County refused to supplement its responses. On November 6, Plaintiff sent a follow‐up meet and confer letter. On March 11, 2019, the Court heard Plaintiff'...

Excerpt: ...intiff Joseph Garraffa (“Plaintiff”) collided with a vehicle driven by Defendant Ann Forster (“Defendant”). Plaintiff sustained personal injuries. Plaintiff filed his Complaint on August 28, 2018. He asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. On September 14, 2018, Plaintiff filed the Proof of Service (POS) that indicates that the Summons and Complaint was served by a registered process server on Sept...

Excerpt: ... Plaintiffs that Aero was a potential defendant in this action – i.e., that it may have had responsibility for maintaining the subject property where Janice tripped and fell – and Aero identifies no other facts to demonstrate that Plaintiffs were aware or should have been aware that they had a cause of action against it. Simply being aware that a party exists is, in and of itself, insufficient to preclude an amendment under § 474 and relatio...

Excerpt: ...s. However, the Court finds that both parties have acted reasonably in their positions, and as such no sanctions shall be awarded to either party. Background Facts This is a wrongful termination action. Plaintiff, Frederick Ejiofor (Plaintiff) alleges he was employed as a Landfill Safety Monitor for defendant, County of Riverside (County), and was terminated. Plaintiff alleges he suffered discriminatory treatment over the years, including by othe...

Excerpt: ...unit located at 4730 Knickerbocker Lane in Riverside (the “property”), owned by defendant Marcia Jane Perez (“Defendant”) and located within the Page 6 of 7 homeowners association. Plaintiff alleges that the property is overrun by approximately 100 cats in violation of the CC&Rs and municipal ordinances. Plaintiff further alleges that Defendant has permitted trash, debris and cat feces to accumulate within the property, such that the prop...

Excerpt: ...iciency” of the litigation. The initial litigation concerns a business dispute between Michael Gonzalez and Eduardo Gomez and Araceli Gomez over Lalo's Auto Repair, LLC. Gomez filed a cross‐action against Rodriguez in his personal capacity for fiduciary breaches and alleged that he embezzled or otherwise stole funds from Gomez while he was an employee of the LLC. Then, in December of 2017, Rodriguez filed a cross‐complaint against the Gomez...

Excerpt: ...erforming medical procedures on patients including having uninvited contact with her breasts. Plaintiff alleges that she reported the inappropriate behavior to her employer, Defendant San Gorgonio Hospital, but no remedial action was taken. Plaintiff filed her First Amended Complaint (FAC) alleging causes of action for: (1) sexual harassment; (2) failure to prevent discrimination and harassment; (3) failure to correct and remedy discrimination an...

Excerpt: ...heir care and treatment of his dislocated shoulder at the Rancho Springs Medical Center Emergency Room on July 4, 2016. Plaintiff filed the original complaint on June 22, 2017, and filed the First Amended Complaint (“FAC”) on May 2, 2018, asserting a single cause of action for professional negligence. On May 18, 2018, Defendant Lauren Donnelly, D.O. (“Donnelly”) filed a demurrer to the FAC, arguing that there are no charging allegations s...

Excerpt: ...ad alternate theories of liability. 6 th cause of action: SUSTAINED with 20 days' leave to amend. 7 th cause of action: SUSTAINED with 20 days' leave to amend. This claim is uncertain because Plaintiff does not allege what intentional tort was committed. The request for judicial notice is GRANTED. Page 9 of 12 SUMMARY OF MATTER: This is a dog bite action. Plaintiff Maria Sanchez (“Plaintiff”) alleges that, on November 27, 2017, she was delive...

Excerpt: ...nsidered attorney fees motions, the Court sustains all objections. Other than the expertise of counsel, which is relevant to the instant motion, the decisions of other bench officers throughout the state is not material to this Court's decision. Thus, objections 1‐46 are sustained. Nevertheless, the Court finds that attorney fees are appropriate in the manner described below. Objection 46‐53 are overruled. Analysis Under Civ. Code §1794(d), ...

Excerpt: ...nts have demonstrated plaintiff was assigned a single point of contact. (See Undisputed Material Facts Nos. 6, 14‐20; Exhibits 1, 7‐12.) As to the second cause of action for violation of California Civil Code section 2923.55, defendants have demonstrated plaintiff was contacted as required by the statute and plaintiff testified at her deposition that she had no reason to believe she did not receive the notices. (UMF Nos. 14‐23, 47; Exhibits...

Excerpt: ...o the control of Defendant Alvord Unified School District (“District”). Because she suffers from a cleft lip, Plaintiff alleges that she was frequently bullied and picked on by other students, which caused her severe stress and anxiety. On April 22, 2016, during her physical education class taught by Defendant Denise Sitton (“Sitton”), Plaintiff left the school campus without permission. She went a Metrolink station and sat down on the tr...

Excerpt: ...to “C‐25 Complaints,” submitted by former or current County employees from 2012 to the present, specifically alleging racial discrimination or racial harassment and related to individuals who share Plaintiff's race and national origin, and for conduct by the same perpetrators as alleged in the First Amended Complaint. Prior to disclosure, Defendant shall seek permission from nonparties to disclose any personal or confidential information, i...

Excerpt: ... hearing date. SUMMARY OF MATTER: This is a complaint for personal injuries by 16 year old minor. When plaintiff was 11 (2013‐2014) she was in the day care program at the Church of Jesus Christ of Latter Day Saints on Bradley Road in Sun City. She alleges that while she was under the supervision of Defendants (corporate CHURCH / TEMPLE, its PRESIDENT, BISHOP, and BYRON ALLEN), they placed her in the care of one Larry Paulson, who repeatedly sex...

Excerpt: ...ntal papers are insufficient and fail to address all of the issues raised in the court's tentative ruling. Among other things, Plaintiff did not address the motion's compliance with the September 13, 2017, CMO did not address the court's questions regarding the structure of payments to participating class members and did not include the compliance chart provided for in the tentative ruling. The Court orders Plaintiff to file a new motion (i.e., s...

Excerpt: ...at were not included in the original Cross‐Complaint. The Court sustains with 30 days leave to amend as to the second cause of action. The Court overrules the Demurrer as to the third, fourth and fifth causes of action. BACKGROUND 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...

Excerpt: ...ined personal injuries. Plaintiff filed his Complaint on August 28, 2018. He asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. Page 2 of 3 On September 14, 2018, Plaintiff filed the Proof of Service (POS) that indicated that the Summons and Complaint were served by a registered process server on September 9, 2018, by substitute service at Defendant's residence in San Juan Capistrano. The process server left the docu...

Excerpt: ...er). Further, the proof of service filed January 2, 2018 is sufficient evidence that reasonable attempts at personal service were made before substitute service was effected. See Evid. Code § 647. See also American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 389; Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750. Whether or not the person with whom the summons and complaint were left was authorized to accept service is irrelevant. ...

Excerpt: ...3 rd cause of action: Defendant met her initial burden that Plaintiff lacks sufficient evidence that his dog is a service dog within the meaning of the Unruh Civil Rights Act or the ADA so to support a violation of Civil Code § 54.2. The burden shifted to Plaintiff, but Plaintiff failed to produce any evidence showing a triable issue of fact. The Court SUSTAINS Plaintiff's evidentiary objections to the Horowitz Declaration. The Court OVERRULES P...

Excerpt: ...he “Property”) in order to make certain improvements to the landfill facility. The Complaint was served upon persons with a recorded interest in the Property, including The Preserve, LLC (“The Preserve”), John J. Menchaca (“Menchaca”) and Richard K. Diamond, the receiver (the “Receiver”) for National Financial Lending, LLC (“NFL”). The Preserve is alleged to be the owner of the Property, and Menchaca is alleged to be the Chapt...

Excerpt: ...tober 15, 2018 seeking compensation from this incident. She already entered into an agreement with defendant to resolve all of these claims; she cannot later go back on that agreement with a subsequent lawsuit. ...

Excerpt: .... Further, the evidence is insufficient to demonstrate that Daniel Sanchez, Jr. was Decedent's ostensible agent. See Mejia v. Community Hospital of San Bernardino (2002) 99 Cal.App.4th 1448, 1456‐ 57 (citing Civ. Code §§ 2300, 2317, 2334); J.L. v. Children's Institute, Inc. (2009) 177 Cal.App.4th 388, 403‐04. The statements of the Admissions Coordinator, Mariela Wilson, made upon information and belief do not constitute competent evidence. ...

Excerpt: ...has requisite standing under the First Cause of Action. As to the statutory violations, Plaintiff has failed to show that the violations are not mooted by the recorded rescission of the Notice of Default in 2014. With respect to the fourth cause of action for breach of contract, the Plaintiff has failed to show that Defendant's breached any contract with him. Similarly, with respect to the breach of implied covenant of good faith there is no unde...