Excerpt: ... (“Lease”) for the Subject Property . The leased premises are a skilled nursing care facility (SNF) and a residential care facility for the elderly (“RCFE”) (collectively “Leased Premises”). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute (“CPA”) and Corona RCFE, LLC (RCFE) (“Assignment”). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold ...

Excerpt: ...endants after executing new hire documentation with Roth. (Moshrefnoory Decl. ¶¶ 2, 9; Compl. ¶ 14.) Page 2 of 8 Specifically, Plaintiff executed a document entitled Mutual Arbitration Agreement (“MAA”), agreeing to submit “any controversy, c laim or dispute” between her and Roth, “relating to or arising out of [her] employment or the cessation of that employment . . . to final and binding arbitration[.]” (Moshrefnoory Decl. ¶ 9...

Excerpt: ...��led a Firs t Amended Complaint on 1/19/24. The FAC asserts: (1) Civil Code §1793.2(d); (2) Civil Code §1793.2(b); (3) Civil Code §1793.2(a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement —concealment. Defendant demurs to the 5th cause of action on the grounds it fails to state facts sufficient. It argues it is barred by the statute of limitations based on the date of 8/9/19. It also asserts that th...

Excerpt: ...er executing new hire d ocumentation with Roth. (Moshrefnoory Decl. ¶¶ 2, 9; Compl. ¶ 14.) Specifically, Plaintiff executed a document entitled Mutual Arbitration Agreement (“MAA”), agreeing to submit “any controversy, claim or dispute” between her and Roth, “relating to or arising out of [her] employment or the cessation of that employment . . . to final and binding arbitration[.]” (Moshrefnoory Decl. ¶ 9, Ex. 1.) The MAA cover...

Excerpt: ...n May 21, 20 24. If SEQ contends that any of the late responses are unsatisfactory, it may file new motions to compel further responses pursuant to Code of Civil Procedure. There are procedural requirements which must be met before seeking an order compelling further responses, including a requirement for good faith meet and confer (Code Civ. Proc., §2016.040) and a requirement to file a separate statement (Cal. Rules of Court, rule 3.1345). B...

Excerpt: ...n exchange for a portio n of its future accounts receivables. Plaintiff provided $50,000 in capital to purchase $68,000 in accounts receivable. Arc was to pay 6.37 percent of its receivables, equal to $1,888.89 per week. The payments were to be directly deposited into an account from which Plaintiff could access payments. In addition, the RSA granted Plaintiff a first priority lien in present and future accounts, chattel paper, deposit accounts,...

Excerpt: ... to the Complaint, and o n April 20, 2023, the Court sustained portions of the demurrer and granted Plaintiff leave to amend. On May 9, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants for: (1) breach of the implied warranty of habitability; (2) breach o f the covenant of quiet enjoyment; (3) abuse of process; (4) retaliatory constructive eviction; (5) unfair business practices; and (6) intentional infliction of em...

Excerpt: ...ments together , and regularly were assigned to court and office work together and separately. (Id.) After marriage to his co -worker, Plaintiff was not allowed to appear in court together with his wife (Complaint ¶ 17), required to have supervision while appearing in cou rt at the same time as his wife (Complaint ¶ 21), deprived of senior attorney responsibilities (Complaint ¶¶ 24,27) and required to perform nonattorney, support level duties...

Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...

Excerpt: ...e vehicle, Defendant Moss represented to Plaintiff that the vehicle had not been in an accident or damaged. (FAC, ¶ 11.) While Plaintiff was signing documents to purchase the vehicle, Moss disclosed the vehicle's rental history, which concerned Plaintiff, but told P laintiff it was too late to cancel the 3¶11: “On or about April 23, 1987, the plaintiff, and his PARENTS, Anthony and Phyllis Picozzi ( hereafter" PARENTS"), entered into ...

Excerpt: ... to Defend ant for OB -GYN treatment. (Complaint, ¶ 4.) It is alleged that, on March 15, 2021, she underwent surgery which is referred to as a “dilation and curettage procedure.” (Complaint, ¶ 5.) It is alleged that the surgery injured Plaintiff's bladder (fluid iss ue) and that Plaintiff's throat was bruised red and that she could not swallow or eat following the surgery. (Complaint, ¶¶ 6 -7.) Defendant demurs to the Complaint on the ba...

Excerpt: ...laint alleged h e had an oral deal with only his mother, Phyllis Picozzi, to get a share of her condominium “upon her death.” (RJN, Exhibit A.) Phyllis Picozzi, however, died on June 4, 2012. (RJN, Exhibit B, Amended Complaint paragraph 4.) Plaintiff took no action for 11 years. On August 16, 1988, after the purported contract, Plaintiff executed a Quitclaim Deed for the Property to “Phyllis Picozzi and Anthony R. Picozzi, Husband and Wife,...

Excerpt: ...) On March 30, 2020, Plaintiff was allegedly shopping at Defendant's store when she “tripped on an unmarked and/or unsecured lumber and/or similar item on a cart, causing [her] fall.” (Def.'s Separate Statement of Undisputed Material Facts [“DSS”] ¶¶ 1, 3.) The lumber that Plaintiff tripped on was stored on the bottom of a customer shopping cart and was sticking approximately six to seven feet out of the shopping cart. (Id. at ¶ 4.) Pl...

Excerpt: ... Defendant. The requests were served on 3/15/24 but no responses have been provided by Defendant. Plaintiff contends that Defendant refuses to provide responses because it asserts that the case has been abated. Plaintiff argues that this assertion is incorrect. Plaintiff seeks sanctions in the amount of $1,952.50. In opposition, Defendant contends that based on the Court's tentative ruling to the Motion to Abate (4/11/24), it believed it was goin...

Excerpt: ...omplaint, al leging five separate causes of action: (1) Assault and Battery, (2) Negligence, (3) Negligent Hiring and Supervision, (4) Violations of the Bane Act and (5) Violations of the Ralph Civil Rights Act against Defendants City of Riverside, Detective Richard Ke rr, Riverside Police Department, City of Hemet, Sergeant Art Paez, Riverside County Sheriff's Department, Investigator Chriss Porazzo and Deputy Smith.1 Due to their loss, Plainti...

Excerpt: ...021, the Insured pur chased a workstation cubical (“cubical”) designed, manufactured, distributed, and/or sold by Defendants Herman Miller, Inc. (“HMI”) and GM Business Interiors (“GM”) (collectively “Defendants”). Plaintiff asserts that Defendants also installed the cubical prior to March 5, 2021. The cubical includes a light fixture. Plaintiff alleges that on March 5, 2021, the light fixture failed causing a fire that resulte...

Excerpt: ...ime, before or after c ommencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) Since judicial policy favors the resolution of all disputed matters between the par ties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great l...

Excerpt: ...e means, an d (2) The arbitrator exceeded his powers, and the award cannot be corrected. The crux of this case is that petitioner Robert Malone submitted a fraudulent arbitration claim to the California Dispute Settlement Program (CDSP)1 for a used vehicle which he ne ver really purchased. Malone concealed this fact from TMS and from the CDSP arbitrator and duped the arbitrator into awarding him a replacement vehicle. TMS discovered the fraud whe...

Excerpt: ...the trash bin gat e, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defendants, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premises were in a dangerous and unsafe condition. P...

Excerpt: ... by the Court, contempt sanctions may be issued. Motion to Compel the Deposition of Ata Rabbie – The Motion to compel third party Rabbie's deposition is granted. Defendant is allowed to take the deposition of Mr. Rabbie after the discovery cutoff. The witness is o rdered to appear for deposition within 10 days of this order. If the witness fails to appear as ordered by the Court, contempt sanctions may be issued. Motion for Summary Judgment/Adj...

Excerpt: ....5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against Defendants, including Providenc...

Excerpt: ...“on the same terms” as their previous extensions. Plaintiffs fourth supplemental brief filed on 2/27/24 provides a concise recitation of the allegations and evidence to support each of the claims now asserted in the FAC. In the supplemental brief filed on 4/5/24, P laintiffs argue the discovery disputes manufactured by Defendants are a distraction and only seek to obtain evidence to support their counterclaims, which are not relevant to Pla...

Excerpt: ...it lost over $82,000 t hat it expended in pre-development expenses and lost profits in excess of $4.82 million. On January 10, 2022, Plaintiff filed the original complaint alleging contract and fraud related claims against Balcor. In February 2022, Balcor sold the subject prope rty to another buyer, Cook Capital Fund, who assigned the sales contract to Reed Street LLC, which later changed its name to Pacific Homes at Magnolia, LLC (collectivel...

Excerpt: ...bestos Cases (2018) 28 Cal.App.5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dick ey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against ...

Excerpt: ... Claudio fil ed his moving papers arguing the primary issue in this matter is ownership of BPI. Claudio seeks a PI restraining Pablo from: (1) conducting or attempting to conduct any “Special Meeting of the Board of Directors” for BPI, originally noticed/scheduled for March 7, 2024 at 12:00 P.M.; (2) noticing, attempting to conduct or conducting any meeting of the Board of Directors of BPI, where one or more persons participating as “Direc...