Excerpt: ...hich operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411‐10481 Magnolia Avenue. The predecessors‐in‐interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular tr...

Excerpt: ... discovery conference within the next 10 days. If the matter is not resolved at the informal discovery conference, the Court will set a new hearing date shortly thereafter. In any event, the Court denies the request for sanctions. Factual / Procedural Context: This action arises from a motor vehicle accident between Plaintiffs and Defendant Premier General Engineering's employee Carlos Guevara. Plaintiff Carlos Holguin contends that as a Page 4 o...

Excerpt: ... Perris Union High School District (“Defendant” or the “District”). Plaintiff filed the Complaint on February 22, 2021. In September 2021 and again in October 2021, Plaintiff served the District with deposition notices of its employees, Juan Santos, Gypsi Perez and Erika Mariaca. The District served objections both times, indicating counsel and deponents were unavailable on those dates. Plaintiff contends the District did not offer altern...

Excerpt: ...ual / Procedural Context: Plaintiff, Jose Orozco‐Carreon, alleges that on 12/23/17, he purchased a new 2018 KIA Optima from Defendant, Kia America, Inc.'s (KA) [formerly Kia Motors America, Inc. (KMA)] authorized retailer, which was manufactured and/or distributed by KA. Plaintiff alleges the vehicle was purchased with an express warranty among other warranties. He alleges that during the express warranty period, the vehicle developed various d...

Excerpt: ...l further responses to Form Interrogatory 17.1 is granted in part and denied in part. Plaintiff shall provide further responses without objection to each of the requests in dispute and to provide a further substantive response to Form Interrogatory 17.1(d) as to Requests for Admission Nos. 23, 24, 27, 29, 30, and 32. Corona Regional Medical Center's motion to compel further responses to requests for production, set two, is denied as to Request No...

Excerpt: ...thin 20 days from today's date. Factual / Procedural Context: This is a breach of contract case. Plaintiff Eldon Griffis (“Eldon”) is the ex‐father‐in‐law of Defendant Paulina Griffis (“Defendant” or “Paulina”), who was married to Eldon's son, Cole Griffis (“Cole”). Plaintiff E&G Management Co. (“E&G”) is a closely held real estate management company owned and operated by Eldon. Eldon and E&G (collectively “Plaintiffs�...

Excerpt: ...azing and failing to comply with the directions of a UCR official. Rather than repeat all of the remaining facts and issues, the Court incorporates the findings and orders from the Ruling on Submitted Matter, filed on September 21, 2021. On April 15, 2020, Petitioner filed his Petition for Writ of Administrative Mandate under Cal. Code Civ. Pro. §1094.5 against Respondent Regents of the University of California (“Respondent”). On September 1...

Excerpt: ...f today's date. The Court declines that request because of CCP § 430.41. That section requires that prior to the filing of a demurrer that the moving party “meet and confer” with the opposing party. That has obviously not occurred as of yet since Defendant had to file this motion for relief before they were able to file a demurrer. Thus, if the issues on demurrer are not resolved during the meet and confer process, Defendant shall file a dec...

Excerpt: ...es she is a tenant at property located at 56570 Hwy 74 #331 in the Lake Hemet Campground, a mobile home park. (Second Amended Complaint (“SAC”), ¶ 1.) Plaintiff filed the original complaint on August 10, 2020, the First Amended Complaint on January 14, 2021, and the operative SAC on April 30, 2021. Following several rounds of demurrer, Plaintiff alleges in the SAC the following causes of action: 1) declaratory relief; 2) breach of contract; ...

Excerpt: ...tress causes of action (7th, 11th and 13th causes of action) with 30 days leave to amend. The Court overrules the remainder of the Demurrer. 2. The Court grants the Motion to Strike the claims for punitive damages with 30 days leave to amend. As to Plaintiff's claim for “property loss, mental and emotional distress...and loss of use of enjoyment of their home” damages from the Unfair Business Practices cause of action, the Court grants the mo...

Excerpt: ...urt orders Defendant to file an answer within 20 days from the date of this order. Factual / Procedural Context: This is a partition action. Plaintiff Kimberly S. Norton‐Mercer (“plaintiff” or “Norton‐Mercer”) alleges she obtained title by grant deed dated 3/20/21, and recorded on 5/14/21, to real property at 26750 Oakmont Drive in Menifee (“subject property”) with defendant Marlyn M. Chabot (“defendant” or “Chabot”), with...

Excerpt: ...operated by Defendant Premium Outlets Partners, L.P. (“POP”). Defendant Interstate Cleaning Corporation (“ICC”) provides janitorial services for the Shopping Center. Plaintiff allegedly slipped on a slippery liquid on a common walkway area and sustained serious injuries to his knee and femur. On June 28, 2019, Plaintiff filed his Complaint. He asserts two causes of action for: (1) General Negligence; and (2) Premises Liability. POP and IC...

Excerpt: ...writ of mandate. FACTUAL / PROCEDURAL CONTEXT Plaintiff Four Star Midwest Investment, Inc. alleges that it owns real property at 10001 Limonite Avenue in Defendant City of Jurupa Valley that is 9.76 acres and located in a W‐2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low‐density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home p...

Excerpt: ...nded Complaint, on 10/29/18. After many additional years of litigation, trial in this matter began on 08/20/21. Each side filed numerous pretrial motions in limine: The Defense filed fifteen motions in limine; the Plaintiff nine. Jury selection began on 08/30/21. During the evidence portion of the case, many witnesses testified and numerous exhibits were admitted. After thirteen days of trial, the jury began deliberations on 09/22/21. During the ...

Excerpt: ...ase arises from a car accident that took place on September 16, 2019 at the intersection of San Jacinto Avenue and West Ramona Expressway in San Jacinto, California. Plaintiff Ana Avila asserts she suffered multiple injuries including neck pain, back pain, muscle strain, hip pain, headaches, knee pain and sleep disturbances as a result of the accident. Defendant brings the instant motion to compel an independent medical examination (IME) of Plain...

Excerpt: ...��Defendant”). Sarah was conducting the lesson. Plaintiff's daughter was on a trainer horse that was led in circles by Sarah. During the lesson, Defendants' dogs started barking which allegedly spooked the horse causing it to gallop. Plaintiff witnessed her daughter being violently shaken back and forth like a ragdoll. Although Plaintiff alleges no injuries to the daughter, Plaintiff asserts that she suffered emotional distress. On July 23, 202...

Excerpt: ...Planet Bingo retained Defendants William Youngblood and William Youngblood Insurance Agency to procure liability insurance coverage, who recommended and procured insurance through Defendant The Burlington Insurance Company. Plaintiff had a distribution agreement with nonparty Leisure Electronics, LTD, a UK company, and it agreed to indemnify Leisure. Leisure leased the PHDs to Beacon Bingo, who subsequently suffered fire losses due to a PHD batte...

Excerpt: ...s and the separate statement does not address the deficiencies, no further responses are required. The requests for sanctions is denied. Factual / Procedural Context: On May 14, 2019, Plaintiff Josephine Peraza (“Plaintiff”) was shopping at a store owned and operated by Defendants Target Corporation and Target Stores (“Target”) when she slipped and fell on water on the floor. Plaintiff alleges that the water leaked from a defective refrig...

Excerpt: ...Covid‐19 related sepsis. Defendant failed to properly assess decedent's risk of falls, and fell four days after admission which was not charged. She fell again the next day with reported elevated blood pressure but this was not reported to the doctor. Defendant again deemed decedent a low fall risk with false documentation. A few days later, decedent's blood pressure was deemed extremely elevated but no medical attention was provided. It was no...

Excerpt: ...or about May 2019, it was contracted by Capital Logistics to provide staffing for its warehouse operations. Starting in September 2019, Defendants stopped making full and complete payment to Plaintiff on the invoices for staffing. Defendants repeatedly promised Plaintiff that it would make larger payments against the invoices, and, based on these promises asked Plaintiff to continue providing staff for Defendants' warehouses. Despite their assura...

Excerpt: ...ode Civ. Pro § 473.5(a) provides that “when service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.” Under section 473.5 a court may grant relief from a default judgment even where there has b...

Excerpt: ...intaining the golf course property and the intervening 61 acres of land between the golf course and the Trilogy community homes (“Perimeter Area”). Defendant has moved for a motion for Judgment on the Pleadings. CBGM's Complaint alleges as follows: The Trilogy at La Quinta is a master planned community governed by a master Declarations of Covenants, Conditions and Restrictions recorded in March 2003. (Complaint, ¶10.) Defendant Guralnick ser...

Excerpt: ...ntext: This is a personal injury action involving an alleged rear‐end collision which occurred on July 20, 2019. Plaintiff is seeking damages for injuries sustained from the accident. Now before the Court is Defendants' Motion to Compel Compliance of nonparties' production of Plaintiff's medical records. Defendants also seek sanctions in the amount of $1,460. On August 10, 2021, Defendants issued and served Deposition Subpoenas for Production o...

Excerpt: ...es have been served. If not, the Court orders Defendant to provide those responses within 5 court days of today's date. As for sanctions, although the meet and confer efforts were minimal, it appears that the motion was necessary to obtain responses. Therefore, on balance the Court finds that a reasonable attorney rate for this motion is $450.00/hr, and the Court will assess Defendant five hours of attorney time, for a total of $2,250 to be paid ...

Excerpt: ...entiary objections, except objection no. 2, which concerns other employees who may or may not accept the terms of their employment agreement, as being without foundation. Factual / Procedural Context: This is an employment action. Plaintiff Damian Clark alleges he worked as a service porter for an automobile dealership owned and operated by defendants Moss Bros Auto Group (“Moss Auto”), Moss CJD, Inc. dba Moss Bros Chrysler Dodge Jeep Ram Mor...

Excerpt: ...les Truck Centers, LLC. Defendant Morgan Corporation was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Plaintiff alleges that at 1627 South Hargrave Street in Banning on 10/24/19, he was injured by an Interlift liftgate model number ILF‐55, which was attached to a 2011 Freightliner vehicle owned by the County of Riverside. Plaintiff alleges he was in the process o...

Excerpt: ...' objections FACTUAL / PROCEDURAL CONTEXT This is a breach of warranty case. On September 15, 2018, Plaintiff McCallan Properties, LLC (“McCallan”) purchased an electronic billboard from Defendant Quiel Bros Electric Sign Service Co., Inc. (“Quiel”) for $560,073.28. Plaintiff Raceway Ford, LLC (“Raceway”), which is a dealership located on property owned by McCallan, financed the purchase of the billboard through a bank loan. The billb...

Excerpt: ... Apart from properties they own together, Defendant, Mohammad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust, gave Defendant three separate loans.1 Plaintiffs claim that Defendant (Mohammad) stopped making regular payments on all three notes in October 2010,...

Excerpt: ...ants have not articulated how such a broad request would not impinge on Plaintiff's privacy rights. For example, Plaintiff's medical records could potentially contain sensitive information including gynecological, alcohol or drug treatment and HIV/sexually transmitted diseases, none of which are relevant, and which would clearly invade Plaintiff's right to privacy. Therefore, the Court orders the parties to appear and for Defendant to articulate ...

Excerpt: ... 437c(q).) FACTUAL / PROCEDURAL CONTEXT Plaintiff Mary Susan Moore (“Moore”) filed the complaint (the “Complaint”) in this action on March 12, 2021 against defendant Kelly Blair Morton (“Morton”). Moore also named EP Guardian Fund, LLC (“EP Guardian”) as a nominal defendant. On or around December 4, 2018, Moore and Morton together took out a loan (the “Loan”) and purchased property in Idyllwild, California known as the Firesid...

Excerpt: ...ode based on the new date. As of the drafting of this ruling, the parties have not filed any additional papers. The Court finds that (1) there is a likelihood that Plaintiff will prevail on the merits, and (2) the balance of harms favors granting the injunction. The evidence demonstrates that Plaintiffs and Defendants were once friends, and that Plaintiff received a life insurance settlement of approximately $215,000.00 in September 2019. The Cou...

Excerpt: ...f 12/8/18 or early in the morning of 12/9/18, in the lobby area of the Hyatt Place Riverside/Downtown (Hyatt) located at 3500 Market Street, Defendants, Anthony Mora (Mora) and Gilbert McGuire (McGuire) started a brawl during which Plaintiff was struck in the face and sustained extreme physical and emotional injuries including a nasal bone fracture, and severe neck injury, among other injuries, some of which are permanent. He alleges that he was ...

Excerpt: ...Defendant City of Jurupa Valley that is 9.76 acres and located in a W‐2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low‐density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to ...

Excerpt: ...y, “defendants” or “Fadels”). The complaint states that plaintiff was a pedestrian, but that allegation is doubtful. The Judicial Council Form Complaint states the following causes of action: 1. Motor Vehicle; 2. General Negligence. The present motion is a demurrer to the complaint brought by defendants who argue the present action is barred by res judicata because plaintiff previously sued them in small claims court and lost. Defendants ...

Excerpt: ... Garcia receives home care assistance through the In‐House Supportive Services (“IHSS”) program. On June 12, 2019, County of Riverside (“County”) social worker, Breeyanna Morales (“Morales”) conducted a home visit with Garcia and Petitioner. (AR 000095.) Morales determined that Garcia was self‐directing and not likely to engage in potentially dangerous activities such that 24‐hour supervision is necessary. (AR 000117.) On July 5...

Excerpt: ... a sixth‐ grade student on at least 3 occasions while attending program at Peralta Elementary, who is alleged to have been Defendant's agent. It is alleged that Plaintiff J. G. was taken to the bathroom by this same person on at least 3 separate occasions on October 21, 2019, and that this student was unsupervised. This 6th grade student was originally made a defendant, however, on 10/14/21, Plaintiff filed a notice of dismissal as to this defe...

Excerpt: ...ch operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411‐10481 Magnolia Avenue. The predecessors‐in‐ interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular tra...

Excerpt: ... guaranteed the performance of that lease subject to Richard Hermann's right to obtain a written release from the guaranty if certain conditions were satisfied during the first 18 months of the initial lease term (i.e. November 30, 2016). Hermann alleges that all of those conditions were satisfied as of November 30, 2016 but that Plaintiff did not provide the written release of guaranty. Richard Hermann filed the operative First Amended Cross Com...

Excerpt: ... a state highway. On November 15, 2019, Plaintiffs filed the Complaint in this case for (1) Dangerous Condition of Public Property (Gov. Code, §835); (2) Negligence; and (3) Loss of Consortium, seeking damages for injuries sustained by Plaintiff Donna Pucio, who was driving her vehicle at the time of the accident, and Sieglinde Lakshin who was a passenger. The Complaint also alleges a cause of action by Pucio's spouse, Plaintiff Brian Pucio, for...

Excerpt: ...filed this action regarding their 2014 Dodge Dart, in which they contended it had a defective electrical architecture. On 7/3/19, Plaintiffs filed their complaint for: (1) breach of express warranty (Song‐Beverly); (2) breach of implied warranty (Song‐Beverly); (3) Civil Code §1793.2; and (4) fraudulent inducement—concealment. On 3/10/21, the court granted Defendants' motion for summary adjudication as to the fraud claim and punitive damag...

Excerpt: ... out of medical malpractice by Defendants Inland Empire Minimally Invasive Surgery Institute, Inc. and Michael Sedrak, M.D. Defendants have a pending summary judgment motion set for 2/10/22 and trial is set for 4/8/22. Defendants move for an undertaking in the amount of $30,000 based on the fact that Plaintiff has listed her address in Florida, rather than California. Plaintiff contends she is a California resident and temporarily relocated to Fl...

Excerpt: ... Plaintiff's reply, ¶ 3.) Therefore, the Court grants the motion as to the RFAs and deems the RFAs as true as against this defendant. The Court imposes sanctions of $690 against Defendant Carrasco. (1.5 hours @ $400/hour + $90 filing/report fee) Factual / Procedural Context Plaintiff Kayla Irving (“Plaintiff”) filed the complaint in this employment discrimination/wrongful termination action on May 3, 2021 and the operative first amended comp...

Excerpt: ...pdated CMC statement prior to that date per Code. Factual / Procedural Context: This Motion came on for hearing on October 20, 2021, during which an issue was raised as to whether the entry of default must also be set aside, along with the default judgment if the Motion is granted. The Court continued the hearing to November 23, 2021, ordering the parties for Page 5 of 6 additional briefing on this issue. Defendants filed their brief on November ...

Excerpt: ...cause of action left is overruled, the Court orders the Defendant to file an answer within 20 days. Factual / Procedural Context: Plaintiffs Active Mobility Center, Inc. and Mohammad Shalikar (“Mohammad”) allege that Defendants Mohtasham Shalikar (“Mohtasham”) and Maria Shalikar (“Maria”), as trustees of the Shalikar Family Trust improperly filed an underlying action (RIC 1502665) for breach of contract and guaranty. Plaintiff Mohamma...

Excerpt: ...ueva) (together, “Defendants”). Plaintiff filed the operative first amended complaint (“FAC”) on April 20, 2021. Plaintiffs allege that on July 11, 2020 Toledo was walking her dog on the Grand Valley Trail in Riverside County when her dog was attacked by Defendants' unleashed, unrestrained and vicious pit bull. (FAC, ¶¶ 8, 13‐18, 46‐ 51.) Toledo struggled to protect her dog, and both she and her dog were injured during the attack. (...

Excerpt: ...d to trial on April 9, 2021, with both parties present, and on April 20, 2021 the court entered a judgment in favor of plaintiff Valerie Bohrer and against defendant Vicellous Shannon in the amount of $38,790.08 including fees and costs. Defendant filed a notice of appeal on April 26, 2021. That appeal is still pending. On October 22, 2021, defendant filed a motion to vacate the judgment for lack of subject matter jurisdiction. There is no opposi...

Excerpt: ...action against Defendant alleging two causes of action: (1) Breach of Contract and (2) Breach of the Implied Covenant of Good Faith and Fair Dealing. Plaintiff alleges that, in exchange for Plaintiff's payment of premium, Defendant issued a policy of insurance to Plaintiff entitled “Employment Practices Liability Policy of Insurance” (“Policy”). (Complaint, ¶¶ 2, 7.) The Policy covered losses from claims made against Plaintiff for “�...

Excerpt: ...cut‐off dates will be based on the trial date selected by the parties at the TSC hearing. FACTUAL / PROCEDURAL CONTEXT Plaintiff Christopher Herron (“Herron”) and Bar H Ranch (“Ranch”) (collectively “Plaintiffs”) are the owners of real property in Perris, California (“Plaintiffs' Property”). Herron resides at the property and in 2019, completed construction on new $2,000,000 dream house. Herron also raises livestock on a portion...

Excerpt: ...intiffs”) filed the complaint (the “Complaint”) in this malicious prosecution action on August 11, 2021 against defendants Mohtasham Shalikar (“Mohtasham”) and Maria Shalikar (“Maria”) (together, “Defendants”).1 Plaintiffs allege that in April 2011, Mohammad purchased commercial property in Victorville (the “Property”) with Maria and Mohtasham, as Trustees of the Shalikar Family Trust. (Complaint, ¶ 8.) The parties agreed t...

Excerpt: ...he verdict (JNOV). After reviewing all of the papers, exhibits including trial testimony excerpts, the Court denies the Motion for New Trial and JNOV in all respects, with the following exceptions: • With respect to Jay Conrad and Mark Sangree for intentional and negligent misrepresentation, the Court orders the parties to appear for argument as detailed below. • With respect to punitive damages as to Mr. Sangree, the Court reduces punitive d...

Excerpt: ...sed protective order. FACTUAL / PROCEDURAL CONTEXT This is a vehicular collision case. On September 26, 2019, Plaintiff Vicente Gomez (“Plaintiff”) was struck by a vehicle driven by Joseph Miguel Hernandez (“Driver”) while Plaintiff was a pedestrian on a public roadway maintained by Defendants City of Jurupa Valley (“City”), County of Riverside (“County”) and Riverside Transportation Commission (“Commission”). Page 13 of 14 Pl...

Excerpt: ...b)(3). Pursuant to Cal. Code Civ. Pro. §437c(b)(3), an opposition to a summary judgment motion must include a separate statement that responds to each of the moving party's undisputed material facts with reference to supporting evidence and sets forth any other material facts the opposing party contends are undisputed. “Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion...

Excerpt: ...employees inspected the area 34 minutes prior to the incident and found no spills. Two minutes before the incident, a customer grabbed a flower bouquet and Plaintiff later fell. They contend that there was no actual knowledge or constructive notice of the spill. Plaintiff opposes the motion contending that there is no admissible evidence that they actually inspected the area. She also contends Defendant violated its own policies by failing to hav...

Excerpt: ...formed surgery on her. John Smith has the claim for loss of consortium. On 4/2/21, Defendant Dada filed a motion for summary judgment or adjudication on Plaintiff's complaint. Initially, this motion was scheduled for 6/22/21, which was taken off calendar by the Court. However, on 7/9/21, the Court held a hearing regarding the parties' stipulation to continue trial. At that hearing, by stipulation of the parties, the parties agreed to continue tri...

Excerpt: ...urdensome, but that the number of special interrogatories and requests for admission are. The Court finds that Plaintiff Renfeng Wang need only respond to the first 60 special interrogatories and first 60 requests for admission. Each plaintiff shall serve verified responses within 30 days. To the extent a discovery request is duplicative of another discovery request to that responding party, the responding party may incorporate responses by refer...

Excerpt: ...erty located at 7065 36th Street in Riverside and that Defendant, Jose Adan Felix Perez (Perez), who is Plaintiff's cousin, is claiming an interest in the subject property. Plaintiff alleges that she acquired the property in 2014 as a rental property. She alleges that her friend, Ezequiel R. Medina, was on title with Plaintiff on the 2014 deed solely to assist her in getting the mortgage since her credit was not good at the time. She had a verbal...

Excerpt: ...and has been diagnosed with autism, schizophrenia, and bipolar disorder. Plaintiff takes medication to treat his auditory hallucinations. (FAC ¶¶1‐2.) Plaintiff Leslie Frias is Joseph O.'s GAL. Plaintiff was a student at Paloma High School in the Perris Union High School District (“District” or “Defendant”). In September 2019, it was reported to Leslie Frias that District employee Steven Carter had been providing Plaintiff Joseph O. w...

Excerpt: ... mother, Kathleen Denise Bingly (“Bingly”), was aware of the abuse, but took no action. She alleges that she reported the abuse to several different Bishops with defendants The Church of Jesus Christ of Latter‐day Saints and Corporation of the President of the San Diego California Stake – The Church of Jesus Christ of Latter‐Day Saints (collectively “Church”) on two separate occasions, but neither reported the abuse and took no acti...

Excerpt: ... who was a dependent adult, was admitted to a skilled nursing facility owned and operated by Defendant Mt. Rubidoux Opco LLC dba Provident Mt. Rubidoux (“Mt. Rubidoux”), where he was treated by Luther Mangoba, M.D. (“Dr. Mangoba”), the Medical Director. At the time of admission, Dr. Mangoba noted Decedent had a history of Huntington's Disease, GERD (gastroesophogeal reflux disease), hypothyroidism, schizophrenia, elevated LFTs (liver func...

Excerpt: ...laintiff Daelani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside City College3 and Riverside Community College District (collectively “RCC”) during the 2017 academic year. In 2018, Daelani and her mother, Plaintiff Tia Griffin (“Tia”) moved to Fresno. The family returned to Riverside in spring of 2018, at which time Daelani enrolled in Defendant Fullerton College (“Fullerton”), which is a part of Defendant Nor...

Excerpt: ...nd injunctive relief/breach of governing documents. Plaintiff is a HOA in Cathedral City near Palm Desert and the Defendant is an owner that has violated the governing documents and began using his property in violation of the architectural restrictions including installing a double gate so he can park his off‐road vehicle in the backyard. He also installed tint on his windows that reflects the sun. The neighbor complains the tint has killed th...

Excerpt: ...r's Demurrer and Motion to Strike, set for 11/02/21. The Court on its own motion shall continue the CMC hearing, set on 10/29/21, to 1/19/22 at 8:30 am in Dept. 3, to be heard telephonically. FACTUAL / PROCEDURAL CONTEXT Plaintiff Joseph O. is a minor and has been diagnosed with autism, schizophrenia, and bipolar disorder. Plaintiff takes medication to treat his auditory hallucinations. (SAC ¶¶1‐2.) Plaintiff Leslie Frias is Joseph O.'s GAL. ...

Excerpt: ...) from Respondent Riverside County Sheriff's Department (“Respondent” or “Department”). On February 23, 2021, Petitioner emailed a public record request for the names of all persons arrested by the Department of driving under the influence during November 2020 (“Request”). On March 2, 2021, the Department denied the Request. On March 23, 2021, Petitioner filed his Petition for Writ of Mandate. He asserted two causes of action for: (1)...

Excerpt: .... 143‐180‐028, 143‐180‐031, and 143‐180‐032. Plaintiffs are ordered to post a bond of $10,000.00 within the next 20 days. Page 3 of 12 FACTUAL / PROCEDURAL CONTEXT Plaintiffs Wilson Holdings, LP and Los Altos XXVII, LP own real property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market. Defendant Magnolia Partnership, LLC owns real property at 10411‐10481 Magnolia ...

Excerpt: ...e. FACTUAL / PROCEDURAL CONTEXT This is a wrongful death/personal injury case. On November 16, 2016, Consolidated Plaintiff Ryan Helling (“Helling”) purchased a new 2017 RZR 1000 XP4 (“Vehicle”) from Defendant Epic Motorsports, Inc. (“Epic”). The Vehicle was manufactured, sold and/or distributed by Defendants Polaris Industries, Inc. and Polaris Sales, Inc. (collectively “Polaris”). Subsequent to the purchase, Helling delivered th...

Excerpt: ...ut of a motor vehicle collision on 3/27/19. Plaintiffs Maria Hilbert “Hilbert”) and Belen Cardona (“Cardona”) allege they were injured when the car Hilbert was driving was struck by a truck and trailer owned by defendants Amar Leasing, Inc. (“Amar”) and defendant Cuauhtemoc Wilson (“Wilson”) (collectively, Amar and Wilson are referenced as “defendants”), and was being driven with permission by Wilson, who was employed by Amar....

Excerpt: ...to a written contract on 1/9/18, with defendant Moon Lev Investments LLC (“Moon Lev”) to provide design, planning and construction of improvements on property owned by Moon Lev at 18342 Blue Dream Crossing in Desert Hot Springs (“subject property”). Plaintiff alleges it supplied labor, materials, and supplies for the work of improvement on the subject property but at the time of recording a Mechanic's Lien on 12/2/20, the sum of $72,821.3...

Excerpt: ...lf course property and the intervening 61 acres of land between the golf course and the Trilogy community homes (“Perimeter Area”). The moving Defendants, Wayne Guralnick and Guralnick & Gilliland, acted as counsels representing Trilogy HOA in these negotiations and discussions. CBGM's Complaint alleges as follows: The Trilogy at La Quinta is a master planned community governed by a master Declarations of Covenants, Conditions and Restriction...

Excerpt: ...th Requests for Admission (Set One) (“RFA”) and Form Interrogatories (Set Two) (“FROG”) via electronic service to Defendant's counsel. (Declaration of Richard J. Reese [ “Reese Decl.”], ¶5.) Because no responses were provided by the deadline, on August 30, 2021, Plaintiff's counsel sent an email to Defendant's counsel requesting to serve responses without objections. (Declaration of Abdalla J. Innabi [“Innabi Decl.”], ¶8, Ex. B....

Excerpt: ...strike with 20 days' leave to amend. FACTUAL / PROCEDURAL CONTEXT Plaintiffs Atil Kant and Vijma W. Kant (together, “Plaintiffs”) filed the verified complaint (the “Complaint”) in this action on May 27, 2021 against defendant Planet Home Lending, LLC (“Defendant”).1 On January 2, 2007, Plaintiffs obtained a loan (the “Loan”) in the principal amount of $120,000 from Countrywide Home Loans, Inc. (“Countrywide”), which was secure...

Excerpt: ...in 2019, completed construction on new $2,000,000 dream house. Herron also raises livestock on a portion of the Ranch. Defendants Kenneth and Deena Altman, as trustees of the Kenneth and Deena Trust (“Altman”) are the owners of ten parcels adjacent to Plaintiffs' Property (“Altman Property”). In August 2016, Altman transferred title the Altman Property to Defendant Gardenlife‐LM, LLC (“Gardenlife”). Beginning in 2003, Altman operate...

Excerpt: ... Lanza; Brett Gregor; Karen Gregor; Margaret Schramm; Susan Screen; Leslie Rutter; Carolyn Rutter; Drew Couto; Beth Ballerini; and Judith Myers (collectively, the “Added Defendants”) (the Original Defendants and the Added Defendants are collectively referred to as, “Defendants”). The HOA alleges that Defendants violated the CC&Rs and the La Quinta Fairways Rules and Regulations (together, the “Governing Documents”) by advertising thei...

Excerpt: ...ent of the action.” (CCP § 395(a); see also Buran Equipment Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1664 [in action for breach of fiduciary duty against law partnership and two of its general partners named as individual defendants, venue was proper in county where individual defendants resided]; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) (“Weil & Brown”), § 3:481 [the general rule is...

Excerpt: ...ssue, the Court advances that motion to today's hearing and denies it. Factual / Procedural Context The operative Second Amended Complaint (SAC) alleges the following: (1) Trespass, (2) Private Nuisance, (3) Public Nuisance, (4) Negligence and (5) Unfair Business Practices. The gravamen of the SAC is that Defendants illegally developed their property by constructing a large commercial nursery without proper permits and as a result created signifi...

Excerpt: ...e head, neck, back, spine, left arm, pelvis and left leg and any collision‐related records involving anxiety, fear of driving and treatment thereof. Also, Victory Subpoena for Billing records should be limited to billing records for injuries caused by or related to the subject incident. • The request for sanctions is denied. Factual / Procedural Context: On July 12, 2021, Caltrans served depositions subpoenas on Donna Pucio's2 former primary ...

Excerpt: ...l.4th 992, 1003). That the employment brought the tortfeasor and victim together in time and place is not enough: the incident leading to injury must be an outgrowth of the employment, or the risk of tortious injury must be inherent in the working environment. (Lisa M., supra. at 297.) In Lisa M. an ultrasound technician molested plaintiff, but the hospital was not held vicarious liable because the sexual assault did not result from the events or...

Excerpt: ...omplaint, following the ruling on this motion to strike, that omits the 8th cause of action for gender violence. (Dawkins Supp. Decl., ¶ 6.) Factual / Procedural Context: Plaintiff, John BBL Doe, by his Guardian Ad Litem, Jane WC Doe, alleges he is a male minor who was the victim of childhood sexual molestation and exploitation. He alleges that Defendant, Southeastern California Conference of Seventh‐Day Adventist (SECC) operates a non‐profi...

Excerpt: ... in violation of the California Subletting and Subcontracting Fair Practices Act, which will impact Petitioner's licensure. On 8/23/21, Petitioner filed an ex parte application for relief under General Order 2021‐22 to deem the petition filed as of 7/15/21—the date Petitioner submitted the petition to the court clerk. The court clerk rejected the petition on 8/3/21 for failure to comply with Local Rule 3117 regarding the certificate of counse...

Excerpt: ...rminate. Plaintiff appealed, and pursuant to Page 3 of 9 the MOU, an independent hearing officer (Daniel R. Saling) heard the case. Saling issued a recommendation that City's claims were barred by the failure to investigate and notify Petitioner within one year of discovery. Additionally, Saling found that there was no credible evidence to support the discipline and that he was a scapegoat. However, under the MOU, the City Manager reviews the hea...

Excerpt: ...iv. Pro. §437c(b)(3), an opposition to a summary judgment motion must include a separate statement that responds to each of the moving party's undisputed material facts with reference to supporting evidence and sets forth any other material facts the opposing party contends are undisputed. “Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion.” ...

Excerpt: ...and Michael Ellis. On March 19, 2021, Plaintiff served Requests for Production and Form Interrogatories on Defendants. After Defendants failed to serve timely responses, Plaintiffs moved to compel. On July 27, 2021, the court granted the motion and ordered Defendants to serve responses within 15 days. Notice of the ruling was filed and served on July 27, 2021. Notwithstanding, Defendants failed to serve responses in accordance with the court's Ju...

Excerpt: ...s ruling, but overrules objections #7‐8. (Evid. Code, § 452.) Factual / Procedural Context: This is an action under the Song‐Beverly Consumer Warranty Act. Now before the Court is Defendant FCA's Motion to Compel Arbitration under the lease agreement entered into by Plaintiff with a third‐party Metro Honda, the seller from which Plaintiff purchased the subject vehicle. Triangle Motors, Inc. dba as Browning Dodge Chrysler (hereafter, “Bro...

Excerpt: ...he request to require Plaintiff to remove any property currently on the land is moot as Plaintiff has already removed her belongings from the land. It should be noted that on August 31, 2021, the Court continued the hearing because counsel stated there were issues to be resolved prior to the motion for preliminary injunction being heard concerning Plaintiff's property. As of the drafting of this tentative, no additional documents or briefs had be...

Excerpt: ...itional fees. Thus, on its own motion, the Court shall advance that motion to today's hearing and deny it for the same reasons detailed below. Factual / Procedural Context: La Sierra Investors (“Plaintiff”) owns five parcels of property in a commercial development. Defendant John Taiyo Kim (“Defendant”), owns one parcel in the same development. The properties are all subject to a Declaration of Easements, Covenants, and Restrictions (“E...

Excerpt: ...duty owed to cross‐complainant. The Court notes that Frias' opposition appears to be both support for her own cross‐complaint and her defense of the complaint filed by plaintiff. However, the Court makes clear that this ruling does not impact the merits of the complaint as such a determination is not relevant to the sufficiency of the pleading on the cross‐complaint. Factual / Procedural Context: This action arises out of the inappropriate ...

Excerpt: ... Temecula (collectively “Defendants”). Plaintiff received an express warranty for the subject vehicle. During the warranty period, the subject vehicle developed numerous defects, including a Totally Integrated Power Module (TIPM) defect. Plaintiff alleges that Defendants were aware of the TIPM defects before the subject vehicle as early as 2007, but concealed the defects from consumers. Plaintiff filed his Complaint on August 15, 2018 and the...

Excerpt: ... currently set for today's hearing to the same date and time. Page 9 of 10 FACTUAL/PROCEDURAL CONTEXT This is a business dispute. Plaintiffs Donald Veasey and Veasey Family Partners, L.P. (“Plaintiffs”) have an interest in Cherry Hills Plaza, LLC (“Cherry Hills”). Plaintiffs contend that on 6/24/20, they attempted to exercise their right to inspect the books and records of Cherry Hills as set forth in the Operative Operating Agreement and...

Excerpt: ...before the next hearing date: 1) a supplemental declaration identifying the items in the privilege log that remain in dispute, if any, and 2) if applicable, a new separate statement as to each disputed item in the privilege log. Defendant shall file and serve a response at least 5 court days before the next hearing date. FACTUAL / PROCEDURAL CONTEXT This action arises out of the alleged fraudulent transfer of real property located at 12776 Easter...

Excerpt: ...bject Property, as well as a second property in Altadena, both of which were also used as part of her elder care business. On July 6, 2006, Plaintiff obtained a refinancing mortgage loan from Greenpoint Mortgage Funding (“Greenpoint”). Plaintiff suffered financial hardship and defaulted on the loan. Greenpoint recorded a Notice of Default on May 30, 2019, and Notice of Trustee's Sale (collectively “Notices”) on November 27, 2019. After th...

Excerpt: ... Court denies the motion to vacate the arbitrator's award. FACTUAL / PROCEDURAL CONTEXT This is an employment termination dispute between petitioner County of Riverside (“County”) and Mitchell Hoenig (“Hoenig”) who was an employee of the County for 13 years before he was terminated on April 13, 2020; when he was terminated, Hoenig was an Operations and Maintenance Supervisor with the Department of Water Resources. The termination was a re...

Excerpt: ...to comply with the directions of a UCR official. In March, 2018, Student Conduct Coordinator, Andy Schuster (“Schuster”) received reports of possible hazing activity by the Pi Alpha Phi Fraternity (“Fraternity”), including an incident where a student pledging the Fraternity was found in the dormitory showers in severe pain after hot sauce had been poured on his back. Schuster also received reports that pledges had been severely paddled du...

Excerpt: ...action against Defendant Pavement Recycling Systems, Inc. for 1) wrongful termination in violation of public policy, 2) retaliation against whistle blowing, and 3) UCL violations. Plaintiff has issued subpoenas for the deposition of the PMQ to some of Defendant's customers including CalPortland, Matrich Corp., and Sully‐Miller Contracting Co. seeking testimony in several categories related to the business dealings of Defendant. Although related...

Excerpt: ...eement, the Court awards attorneys' fees in the amount of $1,250. Said fees to be paid within 60 days. 2. The Court denies the motion to vacate the Settlement Agreement and/or declare it rescinded. 3. The Court overrules all of Barnum's objections. FACTUAL / PROCEDURAL CONTEXT On 2/7/19, Plaintiff Aware Self Storage, Inc. filed this action for professional negligence and breach of fiduciary duty against its former counsel, Defendants Salisbury Gr...

Excerpt: ...ontract; and (7) declaratory relief. Defendant acquired the property in 1996 and made all payments until 2005 when Plaintiff was awarded custody of the children and he vacated. Plaintiff was to make the monthly loan payments but did not, resulting in the lender instituting foreclosure proceedings. In 2006, Defendant reinstated the loan by paying all arrears and continued to make the monthly payments. Plaintiff received rent on the property but di...

Excerpt: ...ies sustained as a result of the collision. On December 5, 2019, Plaintiff Joseph Peralta Robles passed away before service of process had been effectuated. On March 29, 2020, the deceased Joseph Peralta Robles purportedly signed a Declaration in Support of Application for Order for Publication of Summons. On July 16, 2020, that declaration was submitted to the court. On July 21, 2020, the court granted Plaintiffs' application based on this decla...

Excerpt: ... for production of documents 39‐48; the Court denies Plaintiff's requests for sanctions. FACTUAL / PROCEDURAL CONTEXT This is an employment related action in which Plaintiff James Munoz alleges three causes of action against Defendant Pavement Recycling Systems, Inc. for 1) wrongful termination in violation of public policy, 2) retaliation against whistle blowing, and 3) UCL violations. Motion to Quash Plaintiff has issued subpoenas for records...

Excerpt: ...intersection where the accident occurred was flooded because it was designed or maintained in a dangerous condition by the Defendant State of California Department of Transportation (Caltrans) and Defendant County of Riverside (County). Plaintiff Brian Pucio (Brian) is Donna's spouse and asserting loss of consortium. On 11/15/19, Plaintiffs filed a complaint for: (1) dangerous condition of public property; (2) negligence; and (3) loss of consorti...

Excerpt: ...orders the parties to appear at argument, by telephone, to schedule an in‐camera inspection of the documents. The Court shall make an independent determination of whether the minors are unrelated to this matter. As to Request for Production of Documents No. 26, regarding any background check of defendant Goodrich before defendant hired him, the Court orders Defendant to provide a further response within 30 days. FACTUAL / PROCEDURAL CONTEXT X.H...

Excerpt: ...ral real estate properties together. Apart from properties they own together, Defendant, Mohammad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust, gave Defendant three separate loans.1 Plaintiffs claim that Defendant (Mohammad)2 stopped making regular payment...

Excerpt: ...nd/or distributed by defendant Ford Motor Company (Ford), on 4/7/18. Plaintiff alleges the vehicle came with a written warranty and an implied warranty of merchantability, but that the vehicle had defects and nonconformities which required her to take the vehicle to an authorized service and repair facility. The defects and nonconformities included defects in the Sync system which caused the touchscreen to malfunction, resulting in the screen bec...