Excerpt: ...an (“Defendant”) was heading northbound on Sierra Highway at an unreasonably high speed and collided with Decedent. Plaintiff alleges damages as a result of this incident in the form of special damages such as wage loss, funeral expenses, burial expenses, medical expenses, general damages and general damages. On July 20, 2021, Plaintiff filed his Complaint alleging causes of action for Motor Vehicle and General Negligence. On November 23, 202...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...ractured right arm. On May 03, 2019, Plaintiff filed her Complaint alleging two causes of action for Negligent Supervision and Dangerous Condition of Public Property. On July 02, 2019, Defendant filed its Answer. On June 22, 2020, Defendant filed this instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“the Motion”). The Motion was rescheduled seven times and continued by stipulation one time, moving it to Januar...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...properties located at (1) 9310 Xavier Avenue, California City, CA 93505; (2) 7400 Heather Avenue, California City, CA 93505; (3) 16124 H Street, Mojave, CA 93501; (4) 43627 Pecos Court, Lancaster, CA 93535. Plaintiffs further allege that (1) they informed Defendants that had a problem with their lender and may lose the four properties if they are not timely sold and were told that if Defendants were hired, Meter would “guarantee” that the pro...

Excerpt: ...an from National City Bank in the amount of $33,600.00 (“Second Loan”). The Second Loan was subsequently transferred until it reached Trinity Financial Services pursuant to a Corporate Assignment of Deed of Trust dated February 5, 2014. Plaintiff and Taft allege that they were not made aware of any of the transfers and that they only had communication from National City Bank in 2010. Plaintiff is informed that a Notice of Default (“NOD”) ...

Excerpt: ...Joel Herriott Thayer, M.D. (“Dr. Thayer”); Eric Carney Denley, M.D. (“Dr. Denley”); and Carlos A. Guerrero, FNP (“Mr. Guerrero” and collectively, “Defendants”) negligently and recklessly failed to diagnose their mother, Sylvia Handley (“Decedent”)'s, lung cancer. Specifically, on March 31, 2017 Decedent presented to Quartz Hill with a cough and shortness of breath. (Complaint, ¶8.) The attending doctor ordered a chest x-ray, ...

Excerpt: ...ly, “Defendants”).¿¿Malik also alleges that his parents, LA Sangster (“LA”) and Bridget Sangster (“Bridget”) were handcuffed while Sergeant Goedecke and other deputies searched their home. Malik contends that LA and Bridget were not allowed to look at the warrant until after the search and that the warrant did not describe the property to be seized. The operative pleading is the Third Amended Complaint (“TAC”) which alleges two ...

Excerpt: ...on a slippery substance. Plaintiffs further allege that the fall resulted in severe injuries to Felipe. On June 25, 2019, Plaintiffs filed their Complaint against Defendants Federal Building Services (“FBS”); Forest City Realty Trust, Inc. (“Forest City Realty”); Forest City Enterprises, Inc. “Forest City Enterprises”); and Queensland Investment Corporation (“Queensland” or, collectively, “Defendants”). Felipe alleges two caus...

Excerpt: ... and Defendant, along with Defendant Manager Karen (“Manager”), owed a duty of care to all reasonably foreseeable customers. Plaintiff alleges damages in the form of economic damages, pain and suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. On September 10, 2021, Plaintiff filed her Complaint alleging two causes of action for General Negligence and P...

Excerpt: ...ses. Plaintiffs allege damages in the form of medical expenses, general damages, and future damages. On September 29, 2020, Plaintiff filed Complaint alleging two causes of action for General Negligence and Intentional Tort. Plaintiffs claim for Intentional Tort is composed of two claims – (1) Intentional Infliction of Emotional Distress (“IIED”) as to Minor Plaintiff and (2) Negligent Infliction of Emotional Distress (“NIED”) as to Pla...

Excerpt: ...iance with the American with Disabilities Act (“ADA”) and the Unruh Civil Rights Act (“UCRA”). Plaintiff contends that the Property was not in compliance with the ADA and UCRA as it had barriers for patrons with disabilities, including but not limited to, a built-up curb ramp that projects from the sidewalk and into the access aisle, a curb ramp that is in excess of the maximum grade allowed by ADA Accessibility Guidelines (“ADAAG”), ...

Excerpt: ...2014) 231 Cal.App.4th 763, 784.) Plaintiff David Greenstein's Motion in Limine No. 1: TO EXCLUDE THE TESTIMONY OF VICTOR A. CANDIOTY, M.D. This motion is GRANTED in part and DENIED in part. An expert may inform the jury in general terms that they relied on hearsay in forming an opinion. (People v. Sanchez (2016) 63 Cal. 4th 665, 685.) Any expert put on by either party may introduce the basis of their opinion in general terms, not specifics such a...

Excerpt: ...nt”), with her mother, Clarke, for medical treatment and, when waiting to be discharged, PATIENT ran out from his hospital room and attacked Jones by slamming her on the ground, ripping out her hair, and chocking her. Clarke allegedly witnessed the attack and screamed for help. As a result of this incident, Jones alleges physical injuries and emotional distress and Clarke alleges emotional distress from witnessing the injury to her daughter. On...

Excerpt: ...the vehicle in front of her, causing that vehicle to hit Plaintiffs' vehicle. Plaintiffs further allege that Defendant was negligent while operating her vehicle; that is, because Defendant was driving at a high rate of speed, she was n0t able to break in time and Plaintiffs each suffered injuries that they sought medical treatment for on the day of the incident as well as subsequent on-going treatment. On June 04, 2021, Plaintiffs filed their Com...

Excerpt: ...LTD. (“Q.H. Mobile Home”); American Property Acquisitions, Inc. (“American Property Acquisitions”); Michael A. Jaghasbanian (“Jaghasbanian”); and Empire Property Services (collectively “Defendants”). Plaintiff further alleges that she was attempting to exit the Premises when the defective railing and other structures broke apart, causing Plaintiff to tumble forward and strike various parts of her body on the earth below. On June 0...

Excerpt: ...sing and operating the aforementioned vehicle. On March 21, 2022, Becky L. Reed was dismissed. On April 20, 2022, Defendant filed her Memorandum of Costs. On May 05, 2022, Plaintiff filed this instant Motion to Tax Costs. On May 31, 2022, Defendant filed her Opposition. On June 27, 2022, Plaintiff filed her Reply. ----- Analysis Standard for Striking or Taxing Costs – In general, the “prevailing party” is entitled as a matter of right to re...

Excerpt: ...efendants were using and operating the aforementioned vehicle. On March 21, 2022, Becky L. Reed was dismissed. From March 23, 2022 to April 04, 2022, a jury trial was held on the action. The jury returned a verdict in favor of Defendant, holding that Defendant's negligence was not a substantial factor in causing Plaintiff's harm. On May 05, 2022, Plaintiff filed her Notice of Intent to Move for a New Trial. A hearing on the matter was held on Jun...

Excerpt: ...c bladder prior to working at AVLA and (2) despite the diagnosis, Palacios continuously added new students and transferred the more challenging students to Plaintiff's already full roster, compared to his younger colleagues who did not suffer from medical conditions. Additionally, Plaintiff presents that there was an allegation against him from a student in which she stated that Plaintiff kissed her. Resulting from this allegation, (1) Palacios s...

Excerpt: ...the Property”). Ownership was obtained via a foreclosure sale held pursuant to the power under the Deed of Trust executed by Defendants Brendem Plong and Mareine Plong (“Defendant” and collectively “Defendants”) or their predecessors. Defendants are the former trustor or holdover occupant of the former trustor. On January 14, 2022, Plaintiff filed its Complaint alleging one cause of action for unlawful detainer following foreclosure sal...

Excerpt: ...s. Code § 11580.2(f). Petitioner presents that it cannot ascertain its rights, duties and obligations without assistance from the court's jurisdiction. This petition was filed on April 19, 2022. On April 26, 2022, a notice of related case was filed for Case No. 22AVCP00089 SAMSON PERDIDO and SAMANTHA-ANN PERDIDO, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM SAMSON PERDIDO, vs AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. The cases were deemed related ...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...eck and professional reference check on Bowe to ensure that he could be alone with school aged children and (2) allowed, acquiesced, and permitted Bowe to openly groom and subsequently remove Plaintiff from the school campus in order to engage in sexual contact with Plaintiff. On April 15, 2021, Plaintiff filed her Complaint alleging 11 causes of action for: (1) Negligence, (2) Negligent Supervision, (3) Negligent Hiring and/or Retention; (4) Neg...

Excerpt: ...that the fall resulted in severe injuries to Felipe. On June 25, 2019, Plaintiffs filed their Complaint against Defendants Federal Building Services (“FBS”); Forest City Realty Trust, Inc. (“Forest City Realty”); Forest City Enterprises, Inc. “Forest City Enterprises”); and Queensland Investment Corporation (“Queensland” or, collectively, “Defendants”). Felipe alleges two causes of action for General Negligence and Premises Li...

Excerpt: ...on and (2) in response, Plaintiff sent a notice back to the City to request a review. Plaintiff alleges that the City denied his requested review by mail and by telephone with the explanation of it being received late. Plaintiff claims that the Agent (“Doe 1”) denied the repeated request for a review and the Supervisor (“Doe 2”) denied the request for a review, a request to have an administrative hearing, and offered no other remedy. Plai...