Excerpt: ...rogenic 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) Pala...

Excerpt: ...rroneously sued as Palmdale Regional Medical Center (“PRMC”)'s Emergency Department by ambulance for chest main and shortness of breath; (2) Decedent was admitted shortly after midnight on January 03, 2022, with Defendant Sonia P. Sethi, M.D. (“Dr. Sethi”) as his attending physician; (3) while in the patient room Decedent was connected to an intravenous line, heated high-flow oxygen, and some vital sign monitoring cables; (4) at around 6:...

Excerpt: ... was contraindicated for Plaintiff due to Plaintiff's medical history of which Defendant was aware, and resulted in serious side effects, pain and suffering, and emotional distress. On April 21, 2023, Plaintiff filed her Complaint alleging two causes of action for General Negligence and Medical Malpractice. Plaintiff has attached one cause of action attachment and, as such, it appears that the two causes of action are based on the same set of all...

Excerpt: ...the property, including but not limited to uneven paving and loose rocks in the parking area, no safe transition from the parking area to the house, and no ramp in the parking area. Plaintiff presents that: (1) defendant Chris Wade (“Wade”) was the owner of the Property at the time of the incident, (2) defendant Patrick J. Hunt (“Hunt” and collectively “Defendants”) was responsible for maintenance of the Property at the time of the in...

Excerpt: ...e that they entered into a contract by which Plaintiffs were to reside at the real property known as 38300 30th Street East Unit #251 Palmdale, CA, 93550 (the “Premises”) from May 2021 to present in exchange for rent. Defendant Palmdale Realty Holdings LLC (“Defendant”) is alleged to be the administrator, owner, part owner, joint owner, agent, trustee and manager of the Premises. Plaintiffs present that during their residency at the Premi...

Excerpt: ...rformed the surgery and Brandon Stark, M.D. (“Dr. Stark”), was the anesthesiologist. Plaintiffs present that PRMC, Dr. Gamarra, and Dr. Stark failed to provide the proper care, resulting in an epigastric bleed which was not recognized intraoperative, that caused Anthony to suffer cardiac arrest the next morning due to hemorrhagic shock. Plaintiffs further allege that Anthony was admitted to Defendant Southern California Specialty Care, LLC db...

Excerpt: ...le items.” (Compl., at 2.) On May 8, 2023, Plaintiff filed her complaint (“Complaint”). On June 9, 2023, Defendants filed this Motion to Compel Arbitration and Stay Action (“Motion to Compel Arbitration”). “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days.” (Cal. Code Civ. Proc. § 1005(b).) No Opposition has been filed. Any opposition would be considered ...

Excerpt: ...iates; and Loren C. Rauch, M.D. will be referred to as “Moving Defendants.” Plaintiffs allege that Defendants committed medical malpractice by failing to admit James Mark Thompson (hereinafter “Decedent”) to Antelope Valley Medical Center (hereinafter “AVMC”), erroneously sued and served as Antelope Valley Hospital. Plaintiffs further allege that such medical malpractice resulted in Decedent's untimely death. On August 23, 2022, Plain...

Excerpt: ... County of Los Angeles (“COLA”), City of Palmdale (“COP”), and/or the State of California. On June 01, 2023, Plaintiff filed his Complaint, alleging four causes of action for: (1) Negligence/Negligence Per Se against Sabia; (2) Negligence/Negligence Per Se, Violation of Cal. Gov. Code § 820(a) against Sabia; (3) Negligence/Negligence Per Se; Violation of Cal. Gov. Code § 815.2(a) against COLA, COP, and State of California; and (4) Negli...

Excerpt: ... Storage dba CalState Moving and Storage (“Hermes”) when Driver fell asleep and collided with the guardrail located to the east of the highway twice. Plaintiffs present that Castillo was ejected thorough the front windshield and Averalo was partially ejected, causing both Plaintiffs injury to their body and emotional pain and suffering. On August 01, 2022, Plaintiffs filed their Complaint, alleging four causes of action for: (1) Negligence/Ne...

Excerpt: ... was ordered to cease and refrain from engaging in any financial activity in California; between 2007 and 2020, Plaintiff received no correspondence from ABC; in 2021, Defendant Deutsche Bank National Trust Company, as Certificate Trustee on Behalf of Bosco Credit II Trust Series (“Defendant”), contacted Plaintiff regarding money owed to ABC; and on November 13, 2019, Defendant foreclosed on the Property and caused to be recorded a Trustee's ...

Excerpt: ... Motion to Vacate the Conditional Dismissal and for Entry of Judgment Pursuant to Cal. Code Civ. Proc. §664.6. No Opposition has been filed. “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days [. . .] before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) “Section 1013, which extends the time within which a right may be exercised or an act may be done, does not ap...

Excerpt: ...es. Plaintiff alleges that Defendant Lancaster School District ("Defendant") negligently hired, supervised, and screened Young. Plaintiffs allege damages in the form of medical expenses, general damages, and future damages. On September 29, 2020, Plaintiffs filed their Complaint alleging two causes of action for General Negligence and Intentional Tort. Plaintiff's claim for Intentional Tort is composed of two claims : (1) Intentional Infliction o...

Excerpt: ...told to Wallace on several occasions and Mrs. Wallace acknowledged to Plaintiff that the house would go to her. Plaintiff further alleges that this intention was also codified in a writing when Wallace sent Plaintiff an acknowledgement of full distribution that gave Plaintiff 100% legal and equitable title in the Property (Exhibit 2) and by a follow up letter on or around November 2021 (Exhibit 3). Plaintiff believes that Wallace willfully and in...

Excerpt: ...s in all mobile programs, to be truthful with regard to the number of students enrolled in each mobile gymnastics program, and misappropriating Plaintiff's confidential business information. Further, VEGA and Defendant Ynez O. Lacson (“Lacson” and collectively “Defendants”), who worked for VEGA, were aware that Plaintiff was and is in the business of operating and licensing mobile gymnastic programs and had economic relationships with num...

Excerpt: ... Motion to Vacate the Conditional Dismissal and for Entry of Judgment Pursuant to Cal. Code Civ. Proc. §664.6. No Opposition has been filed. “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days [. . .] before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) “Section 1013, which extends the time within which a right may be exercised or an act may be done, does not ap...

Excerpt: ...e, causing a Plaintiff, not specified, to fall and sustain physical injuries. On January 04, 2018, Plaintiffs filed their Complaint alleging three causes of action: (1) General Negligence, (2) Premises Liability, and (3) Loss of Consortium. On April 05, 2018, Defendant CEC Entertainment, Inc. dba Chuck E Cheese (“CEC”) filed its Answer. On April 27, 2018, CEC filed its Cross-Complaint against several cross-defendants, including Cross- Defenda...

Excerpt: ...to protect Plaintiff from pressure injuries to deep tissues in his posterior, thus, falling below the standard of care. The pressure injuries to deep tissues in his posterior are alleged to be a “massive decubitus tissue injury involving bone, muscle, nerves, and connective tissue.” (Complaint ¶ 6.) Plaintiff alleges non- economic and economic damages. On October 19, 2021, Plaintiff filed his Complaint alleging one cause of action for Medica...

Excerpt: ...udent. John Doe 1 allegedly requested that a locked, non-student use bathroom be unlocked by Defendants Antelope Valley Union High School District (“AVUHSD”) and Does 11 through 60. After opening the bathroom door, AVUHSD and Does 11 through 60 purportedly left the area, leaving John Doe 1 unsupervised, whereby Does 2 through 10 and Plaintiff reportedly were able to enter, whereby they allegedly sexually assaulted and abused the Plaintiff, in...

Excerpt: ...nths and, on or around December 2021, the forbearance ended. Plaintiff presents that he continued to make his regularly scheduled mortgage payments starting in December 2021. Plaintiff contends that on or around August 2022, Defendant Nationstar Mortgage, LLC dba Mr. Cooper (“Defendant”) stopped accepting payments from Plaintiff. Plaintiff alleges that over the next several months, he would regularly seek non-foreclosure alternatives from var...

Excerpt: ...t the time of Vincent's admission and following, Defendant provided inadequate staffing levels; (2) in the process of discharge, Vincent was discharged against hospital protocol, policies, procedures, and the standard of care, and was left standing unaided and unassisted outside of Defendant's hospital building; (3) while alone outside, Vincent fell; and (4) Debbie arrived to Defendant's hospital building and found Vincent injured, incapacitated,...

Excerpt: ...023, Plaintiff filed his Complaint, alleging three causes of action for: (1) Quiet Title, (2) Fraudulent Conveyance, and (3) Breach of Deed of Trust Contract (“Breach of Contract”). On April 27, 2023, Plaintiff filed his Ex Parte Application For A Temporary Restraining Order And Order To Show Cause Re: Preliminary Injunction, subsequently denied on May 2, 2023. (See Min. Order: May 2, 2023) On May 1, 2023, Defendant ZBS Law, LLP filed a Decla...

Excerpt: ...ts that, upon completion of the service rendered by Defendants, he boarded his vehicle, exited the premises, and, as he drove away, the hood on his car swung up, striking the windshield and causing Plaintiff to abruptly stop his vehicle. Plaintiff alleges that the incident has caused him great physical and emotional pain and suffering. On October 28, 2020, Plaintiff filed his Complaint alleging one cause of action for Negligence. On June 27, 2022...

Excerpt: ...LC (“Victor Martinez & Associates”); Victor Martinez (“Martinez”), individually; Hoge Family Bypass Trust (“Hoge Family Trust”); Kerri Hoge Anderson (“Anderson”); Daniel Hoge (“Daniel”) [2] ; Brandon Hoge (“Brandon”); Mario Rivera Esparza (“Mario”) [3] ; Stephanie Rivera Esparza (“Stephanie”); and Michael Esparza (“Michael”) related to the maintenance of a senior mobile home community. On October 28, 2022, Plai...

Excerpt: ...f seeks statutory and special damages in the amounts of $250,000 and $5,000,000, respectively. On March 15, 2021, Plaintiff filed her Complaint, alleging one cause of action for Medical Malpractice. On April 22, 2021, Defendant Shira Amor Bizaoui (“Defendant”) filed her Answer. On May 20, 2021, Defendant Brian Lai, M.D. (“Dr. Lai”), filed his Answer. On June 22, 2022, Defendant filed an Ex Parte Application to Continue Trial, subsequently...

Excerpt: ...ted by Defendant.¿Plaintiffs allege that the Subject Vehicle was delivered with serious defects, including, but not limited to, structural, suspension, and transmission system defects. Plaintiffs allege that Defendant purposely concealed the defects pertaining to the Subject Vehicle. Plaintiffs contend that the Subject Vehicle had defects and nonconformities that manifested within the express warranty period and such defects and nonconformities ...

Excerpt: ...s have filed their individual allegations under one cause of action for Intentional Tort. On June 07, 2023, Defendant filed this Demurrer. On June 26, 2023, Plaintiffs filed their Opposition. On July 03, 2023, Defendant filed his Reply. ----- Legal Standard Standard for Demurrer – A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v.¿Mirda¿(2007) 147 Cal.App.4th 740, 747.) ¿When considering demurrers, co...

Excerpt: ...roperty, including but not limited to uneven paving and loose rocks in the parking area, no safe transition from the parking area to the house, and no ramp in the parking area. Plaintiff presents that: (1) defendant Chris Wade (“Wade”) was the owner of the Property at the time of the incident, (2) defendant Patrick J. Hunt (“Hunt” and collectively “Defendants”) was responsible for maintenance of the Property at the time of the inciden...

Excerpt: ...o Structural”) and Leasing LLC TREQ (“Leasing LLC”) breached their duties to Plaintiff as (1) Franco was operating the vehicle in the scope of her employment with Pro Structural, and (2) Pro Structural and Leasing LLC retained Franco despite knowing of her unfitness to operate a vehicle and negligently entrusted the vehicle to her. Plaintiff claims damages as a result of the incident in the form of medical expenses and pain and suffering. O...

Excerpt: ...tiff further alleges she reported the bedbugs to the staff; checked out the next day; and later called to inform the manager, who refunded her stay. Plaintiff presents that a cleaning staff member informed her that the Premises had a previous problem with bedbugs. Plaintiff contends she sought medical treatment for her alleged bedbug injuries and discovered from online reviews that there was a previous bedbug infestation at the Premises. On Novem...

Excerpt: ... to preserve or maintain the utility or performance of the Subject Vehicle. Plaintiff further alleges that, since purchasing the vehicle, she has delivered the Subject Vehicle for repair to Defendant or its authorized repair facility(s) no less than three (3) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: front collision light illumination and malfunction warning light and rear ...

Excerpt: ...ntain the utility or performance of the Subject Vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs further allege that Defendant distributed more than 500,000 vehicles throughout the United States that were equipped with defective continuously variable transmissions (“CVT”) and the Subject Vehicle is one of the forementioned vehicles. Plaintiffs present that the CVT defect caused them to experien...

Excerpt: ...ely October 2018 to April 14, 2019. On June 15, 2020, Plaintiff filed her Complaint alleging two causes of action for (1) Negligence, and (2) Negligent Hiring, Training, Supervision, and Retention. On July 29, 2020, AVUHSD filed its Answer as well as a Cross-Complaint. The Cross-Complaint is for (1) Equitable Indemnity against Cross-Defendants De'Morion Harris (“Harris”), Tequella Koonce (“Koonce”), Semaj Howard (“Howard”), and Andrea...

Excerpt: ...'s vehicle. Plaintiffs further allege that Defendant Schneider National Carriers, Inc. (“Schneider” and with Gavrila “Defendants”) was the registered owner of the vehicle Gavrila was driving at the time of the incident. Esquivel presents that he sustained severe bodily injuries to his person and major damage to his automobile resulting from the incident and, as a result, has been unable to perform the duties of a married partner to Espino...

Excerpt: .... Specifically, on September 27, 2021, Plaintiff alleges that Downtown Renual, AMC-CA, Wylie, and Nieto negligently owned, operated, managed, and maintained the subject premises and, due to such negligence, Plaintiff sustained bodily injuries along with pain and suffering. Plaintiff further alleges that: (1) Downtown Renual, AMC-CA, Wylie, and Nieto willfully failed to warn of a dangerous condition; (2) Downton Renual and AMC- CA owned the proper...

Excerpt: ...rcel of real property commonly known as 38022 Grant Drive, Palmdale, CA 93552 (the “Property”) in exchange for Plaintiff's payment of $315,00.00. Plaintiff further alleges that he paid MRGE Defendants the sum of $315,000.00 and, in reliance on the contract, he spent $145,000.00 improving the Property and found a tenant to pay rent from October 01, 2021 through September 30, 2026 at a rate of $2,375.00. Plaintiff presents the following issues ...

Excerpt: ...utility or performance of the Subject Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiffs present that the Subject Vehicle was delivered with serious defects and nonconformities to the warranties and developed other serious defects and nonconformities to warranty including, but not limited to, the powertrain system defects, engine defects, transmission system defects, and other serious nonconformit...

Excerpt: ...period, including but not limited to the engine, and such defects and nonconformities impair the use, value, and/or safety of the Subject Vehicle. Plaintiff further presents that aforementioned defects and nonconformities render the Subject Vehicle not fit for the ordinary purpose for which such goods are used. Plaintiff states that he delivered the Subject Vehicle to an authorized GM repair facility and GM was unable to conform the Subject Vehic...

Excerpt: ...ies to the warranty that manifested themselves within the applicable express warranty period; (2) Plaintiffs delivered the Subject Vehicle to one of Defendant's authorized repair facilities for repairs for the first time on or around March 16, 2022; (3) Defendant was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair attempts; and (4) Under the Song-Beverly Act, Defendant had an affirmativ...

Excerpt: ...ltimately denied on May 21, 2018.i On November 18, 2018, Plaintiffs filed their imtial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)iNegligence, (2) Inverse Condemnation; (3) Public Nuisance; (4) Private Nuisance; (5) P...

Excerpt: ...y contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranv. Plaintiffs present that prior to purchase, they (1) reviewed the features and components of 2020 GMC Canyons on GM's website, (2) saw the window sticker affixed to the Subject Vehicle, and (3) discussed the Subject Vehicles' key features and components with GM's authorized sales representatives and neither the i...

Excerpt: ...he Song-Beverly Act. Plaintiff alleges that there were defects, malfunctions, and nonconformities that that rendered the Subject Vehicle unfit for the purpose for which it was used and that Plaintiff presented the Subject Vehicle to Defendants (unspecified) authorized repair facilities multiple times and substantially impair the use, value, and/or safety of the vehicle and Defendants violated the Song-Beverly Act by failing to conform the Vehicle...

Excerpt: ...ichard Mountjoy ("Richard" [1]), Earline Mountjoy ("Earline"), Gary Schaeffler ("Gary"), and Judy Schaeffler ("Judy" or, with Gary, "the Schaefflers")[2] allowed one of their pigs to escape off their property and run into the road. Decedent allegedly struck the pig, sustaining injuries, and was then struck by Defendant Oscar Anibal Amaya's ("Amaya") vehicle. Decedent passed due to the injuries sustained from this incident On February 24, 2020, th...

Excerpt: ...n or around December 2021, the forbearance ended. Plaintiff presents that he continued to make his regularly scheduled mortgage payments startmg in December 2021. Plaintiff contends that on or around August 2022, Defendant Nationstar Mortgage, LLC dba Mr. Cooper ("Defendant") stopped accepting payments from Plaintiff. Plaintiff alleges that over the next several months, he would regularly seek non-foreclosure alternatives from various agents of D...

Excerpt: ...laintiff presents that he was a passenger in the Ferrari, but did not give consent to the illegal race. Plaintiff further presents that the vehicle that Defendants were in was speeding and caused a collision unth the Ferrari and another third vehicle as Defendants' vehicle entered the lane of oncommg traffic. Plaintiff alleges that the collision caused severe injuries and Defendants fled the scene. On January 11, 2022, Plaintiff filed their Compl...

Excerpt: ...leges that Foothill Plaza and Igdaloff owed a duv ofreasonable care towards her and others and that duty was breached as the Premises contained a large exposed height differential that was not properly filled in and/or covered, and lacked signage and warnings and/or had improperly placed signage and warnings, resulting in Plaintiffs injuries. On November 17, 2021, Plaintiff filed her Complaint alleging three causes of action for: (1) Negligence a...

Excerpt: ...n Avenue F when she entered the intersection without stopping at her stop sign due to a dangerous condition on the roadway, causing the Subject Vehicle to broadside Houghton's vehicle. (Complaint, at 1.) The Subject Vehicle overturned and collided with a wooden electrical pole, causing the pole to collapse, on the northwest corner, before coming to rest on the adjacent dirt field. On May 19, 2020, Plaintiff filed her Complaint alleging three (3) ...

Excerpt: ...rain warranty. Plaintiffs further allege that Defendant agreed to preserve or maintam the utility or performance of Plaintiffs' vehicle or to provide compensation If there was a failure in such utility or performance. Plaintiffs present that the Subject Vehicle was delivered to them with serious defects and developed other serious defects and nonconformities to warranty including, but not limited to, transmission, electrical, structural, and susp...

Excerpt: ... Aid Funds, and (4) Discrimination. On February 17, 2023, defense counsel, Louis R. Dumont ("Dumont"), filed a declaration pursuant to Cal. Code Civ. Proc. S in which he stated that an attempt was made to reach Plaintiff, but was unsuccessful. Defendant provided a meet and confer letter to Plaintiff via mail and email on February 14, 2023. (See Exh.A.) Cal. Code Civ. Proc. S provides an automatic 30-day extension of time in which to file a respon...

Excerpt: ...es; • Plaintiff was one ofthe people invited to the Premises; • At approximately 5:00 pm, Defendant negligently and without due care created a situation at the Premises that caused people to uncontrollably rush to leave the premises, creating a defective, unsafe, and hazardous condition (i.e., a trap); and • Plamtiff was walking up to the Premises when the aforementioned incident occurred, causing her to be trampled by the people that were ...

Excerpt: ...owned by Iulia and Raymond Joseph Wallace ("Raymond" and collectively "Defendants"). On March 23, 2021, Plaintiffs filed a complaint against Defendants alleging tvvo causes of action for Motor Vehicle and Negligence, and seeking exemplary damages against Julia. On May 4, 2021, Petitioner John Paclib Reyes ("Petitioner) filed a petition to approve the compromise of pending action on behalf of minor claimant Kayleen Reyes ("Minor Claimant'). Analys...

Excerpt: ...ding Cruz. Plaintiffs present that Cruz was the second twin delivered by cesarean section by Defendant Dina Margherita Echevarria, M.D. (“Dr. Echevarria” and collectively “Defendants”). Plaintiff contends that Defendants each owed Plaintiffs a duty of care to perform the care and treatment of Plaintiffs in conformance with the then existing standards of care applicable to each Defendant and that Defendants were negligent and breached thei...

Excerpt: ...imited to the bumper-bumper warranty, powertrain warranty, and emission warranty. Plaintiff presents that the Subject Vehicle contained defects and nonconformities which manifested themselves within the applicable express warranty period including but not limited to, transmission defects, engine defects, and electrical system defects; that FMC failed to conform the Subject Vehicle to the terms of the express warranty after a reasonable number of ...

Excerpt: ...at the time of Vincent's admission and following, Defendant provided inadequate staffing levels; (2) in the process of discharge, Vincent was discharged against hospital protocol, policies, procedures, and the standard of care, and was left standing unaided and unassisted outside of Defendant's hospital building; (3) while alone outside, Vincent fell; and (4) Debbie arrived to Defendant's hospital building and found Vincent injured, incapacitated...

Excerpt: ... waste. However, after the purchase, Plaintiff presents that she would visit every weekend and, each time she visited, there was more yard waste. Plaintiff contends that she stopped visiting the property for a few months and, when she resumed her weekend visits in June 2021, an enormous amount of waste had been piled on her property. Plaintiff states she attempted to ask the city for help, but was told that she needed the names of the individuals...

Excerpt: ...juries and property damage. On December 22, 2021, Plaintiff filed her Complaint alleging Ävo causes of action for General Negligence and Motor Vehicle. On April 26, 2022, Yang filed her Answer. On August 30, 2022, Plaintiff filed an amendment to the Complaint, correcting the fictitious name of Doe 1 to Xueqiang Liu ("Liu"). On October 17, 2022, Yang was dismissed. On February 17, 2023, Liu filed this instant Motion to Quash Doe Amendment ("Motio...

Excerpt: ... one cause of action for Premises Liability.i On January 05, 2022, Defendant filed its Answer. On January 12, 2023, Plaintiff filed a notice for a Motion for Protective Order. On Februaty 01, 2023, the Court signed the corresponding Order for the Stipulation to Continue Trial, FSC [and Related Motion/Discovety Dates] signed by the parties. On February 23, 2023, Plaintiff filed this Motion for Protective Order. On March 15, 2023, Defendant filed i...

Excerpt: ...Plaintiffs stay at Defendants' hotel on November 3, 2019. Plamtiff checked in to the hotel on November 2, 2019. On November 3, 2019, Plaintiff states that she awoke at 2 a.m. with an "intense itching sensation." (Compl„ 15.) She alleges that when she pulled back the covers, she discovered bedbugs which she reported to hotel staff. Plaintiff contends that cleaning staff then came to inspect the room at which time she presented a dead bedbug to t...

Excerpt: ..."District'). The District has jurisdiction over air quality affected by the Citys water diversion. The Civ has been drawing water from the Owens River for over 100 years. The Owens Lake Bed is now dried, creating large volumes of dust, in particular, the pollutant PMIO, a particulate matter 10 microns or less in diameter. In 2012, the City initiated legal action against the District by filing a verified petition for writ of mandate, and while the...

Excerpt: ...lowing the incident on March 14, 2018, there were no altercations between Plaintiffs and there were no incidents in which SLD was reported to be in danger, imminent harm from abuse or neglect or in any situation where her physical or emotions; · On March 15, 2018, county social worker Serrano contacted Lopez and was told by Rodriguez that no Restraining Order was necessary, Lopez denied any physical altercation occurred and denied the allegation...

Excerpt: ...ld's life insurance proceeds that Plaintiff was to receive upon his death for Plaintiff so she could be financially secure until her death and (2) Derek was to pay Bill Proster $42,000.00 for the real property located at 11043 Ambrosio, Desert Hot Springs, California 92240 (“Ambrosio Property”), transfer title to Plaintiff, and Plaintiff would receive $1,266.00 monthly payments from Jose and Maria Trejo who the home was financed to with an op...

Excerpt: ... excessive amounts of Tetracaine and Lidocaine and failed to monitor, and (2) Decedent's vital signs were not appropriately monitored during the procedure or the recovery period. Decedent died on or about February 07, 2021.On May 05, 2022, Plaintiffs filed their Complaint alleging two causes of action for: (1) Wrongful Death Based on Medical Malpractice (Cal. Code Civ. Proc. § 377.60), and (2) Medical Malpractice Through a Survival Action (Cal. ...

Excerpt: ..., causing a Plaintiff, not specified, to fall and sustain physical injuries. On January 04, 2018, Plaintiffs filed their Complaint alleging three causes of action: (1) General Negligence, (2) Premises Liability, and (3) Loss of Consortium. On April 05, 2018, Defendant CEC Entertainment, Inc. dba Chuck E Cheese (“CEC”) filed its Answer. On April 27, 2018, CEC filed its Cross-Complaint against several cross-defendants, including Cross- Defendan...

Excerpt: ... as a result, Plaintiffs suffered damage. On April 15, 2021, Plaintiffs filed their Complaint alleging two causes of action for: (1) Motor Vehicle and (2) General Negligence. On January 05, 2023, Plaintiffs filed their FAC, alleging the same causes of action. The FAC differed from the Complaint in one aspect: location. While the Complaint stated the accident occurred in Palmdale, the FAC states that it occurred in Pinon Hills, CA 92372. On Januar...

Excerpt: ...but not limited to, physical disabilities. Plaintiffs allege that Decedent was admitted as an inpatient to a Defendant Premiere Rehabilitation & Wellness Center dba The Ellison John Transitional Center (“Premiere”)'s 24-hour health facility on or about October 16, 2020 due to minor chest pain and abnormal labs. Plaintiffs concede that Decedent had other health issues, such as a minor stroke, kidney disease, diabetes, and that such issues requ...

Excerpt: ...n, making the surface of the floor wet and slippery. Plaintiff further alleges that the school aide and Doe Defendants 52-75 failed to stop the game and another student, labelled as Doe Defendants 76-95, persisted in playing tag and struck and pushed Plaintiff, causing her to fall to the ground. Plaintiff believes that (1) after it started raining and the surface became slippery and dangerous persisted for such a period of time, presented such an...

Excerpt: ...equently, defaulted on each. CBB further alleges that on or about October 04, 2018, Sandhu executed and delivered to CBB a commercial guaranty (“Guaranty”) where he agreed to guarantee all indebtedness of Arabians due to CBB, including but not limited to the amounts owed under the 076 Note, then existing, or thereafter arising on a continuing basis. The Guaranty is alleged to include the debt under the 419 and 541 notes. The alleged outstandi...

Excerpt: ... at the time of Vincent's admission and following, Defendant provided inadequate staffing levels; (2) in the process of discharge, Vincent was discharged against hospital protocol, policies, procedures, and the standard of care, and was left standing unaided and unassisted outside of Defendant's hospital building; (3) while alone outside, Vincent fell; and (4) Debbie arrived to Defendant's hospital building and found Vincent injured, incapacitate...

Excerpt: ...“Gonzalez, Jr.” and collectively “Defendants”) negligently owned, operated, cleaned, maintained, managed, supervised and/or monitored the floor and premise and had actual and/or constructive notice of the dangerous condition. On May 25, 2021, Plaintiff filed her Complaint, alleging two causes of action for General Negligence and Premises Liability. On July 15, 2021, Vallarta filed its Answer. On November 03, 2022, Vallarta filed this Moti...

Excerpt: ... the “District”). The District has jurisdiction over air quality affected by the City's water diversion. The City has been drawing water from the Owens River for over 100 years. The Owens Lake Bed is now dried, creating large volumes of dust, in particular, the pollutant PM 10, a particulate matter 10 microns or less in diameter. In 2012, the City initiated legal action against the District by filing a verified petition for writ of mandate, a...

Excerpt: ...e to Defendants' lack of ordinary care, Plaintiff sustained injuries as well as pain and suffering. On January 06, 2022, Plaintiff filed his Complaint alleging two causes of action for General Negligence and Premises Liability. On May 10, 2022, Plaintiff amended the fictitious name of Doe 1 to MHC Property Management, L.P. and amended the incorrect name of Thousand Trails to MCH TT, L.P. On May 31, 2022, Plaintiff dismissed Equity Lifestyle and M...

Excerpt: ...ndant”). On August 03, 2022, Plaintiffs filed their Complaint alleging four causes of action for: (1) Violation of Song- Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Beverly Act § 1793.2(b), and (4) Violation of the Song-Beverly Act § 1973.22 – Tanner Consumer Protection Act. On September 09, 2022, Defendant filed its Answer. On November 03, 2022, Def...

Excerpt: ...de a left turn near the entrance/exit of Brierwood Estates, located at 45800 Challenger Way (“Subject Roadway”), Lancaster California 93535, crashing head-on into Plaintiffs' vehicle. Plaintiffs further allege that Defendants City of Lancaster (“Lancaster”), County of Los Angeles (“COLA”), and the State of California, acting by and through the Department of Transportation, erroneously sued as “State of California, a governmental ent...

Excerpt: ...10, 2022, Defendant filed its Demurrer. On December 19, 2022, Plaintiff filed her Motion for Order to Amend Filing Date pursuant to CRC 8.77 (“Motion for Order to Amend”). On December 19, 2022, Plaintiff filed her Opposition to the Demurrer. On December 20, 2022, a hearing on the Demurrer was held. The Court continued the matter to January 31, 2022 as the Motion for Order to Amend impacts the Demurrer. On December 19, 2022, Plaintiff filed he...

Excerpt: ...rehired by Defendants in or around February 2019. Plaintiff presents that at all relevant times he was performing his job duties in a satisfactory manner. Plaintiff also presents that he lost the use of his right eye due to a retinal detachment in or around May and August 2019 and was then transferred from Defendants' Granada Hills office to the Palmdale office as well as required Plaintiff to move from location to location, including Defendant's...

Excerpt: ...High School District ("AVUHSD”) was, and is, a public entity that oversees multiple schools, including Lancaster High School. On March 6, 2019, Cheyenne Jones, Alysa Jones, and Theresa Hampton (collectively “Plaintiffs”) filed their Complaint.¿ The operative pleading is the Third Amended Complaint (“TAC”) filed on December 16, 2019 and containing¿causes of action for Statutory Negligence and Negligent Supervision.¿ On October 18, 201...

Excerpt: ...er, CA 93535 (“Property No. 2” and, collectively, the “Properties”); and (3) a property management agreement for 2707 E. Avenue I, Lancaster, CA 93535 (“Property No. 3”). The residential agreement was set at the rate of $300.00 per month. Plaintiff presents: 1. He had accepted the rental agreement and, beginning April 2013, had occupied the apartment on the second floor of Property No. 1, and paid a total of $11,400.00 ($300.00/month)...

Excerpt: ...ject Vehicle, Plaintiff has had to deliver the Subject Vehicle for repair to Defendant or its authorized repair facility(s) no less than seven (7) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: engine malfunction, illumination of the vehicle's check engine light, the vehicle's check engine light flashing while driving, the vehicle losing power while driving, the vehicle shutting...

Excerpt: ...f debris and, because of this, he slipped and fell, sustaining bodily injuries. On December 22, 2020, Plaintiff filed his Complaint alleging one cause of action in Negligence. On April 09, 2021, Defendant responded in the form of a Motion to Strike Punitive Damages, subsequently granted. On June 07, 2021, Defendant filed its Answer. On December 05, 2022, Defendant filed this Motion to Enforce Settlement. On December 16, 2022, Plaintiff filed his ...

Excerpt: ...ited to the Premises;  Plaintiff was one of the people invited to the Premises;  At approximately 5:00 pm, Defendant negligently and without due care created a situation at the Premises that caused people to uncontrollably rush to leave the premises, creating a defective, unsafe, and hazardous condition (i.e., a trap); and  Plaintiff was walking up to the Premises when the aforementioned incident occurred, causing her to be trampled by t...

Excerpt: ...ne year from owners Defendants Juana Carranza (“Carranza”) and Guillermo Farias (“Farias” and collectively, “Defendants”). (First Amended Complaint [“FAC”] Exh. 1.)¿ The operative pleading is the Second Amended Complaint (“SAC”), filed on April 30, 2021, which alleges six (6) causes of action for: (1) Specific Performance or Damages Based Upon Breach of Contract; (2) Breach of Written Contract; (3) Fraud, Deceit; (4) Intentio...

Excerpt: ... 10, 2022, Defendant filed its Demurrer. No Opposition has been filed. “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days. . .before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) The hearing is set for December 20, 2022. Accordingly, an Opposition was due by December 07, 2022. Should an Opposition be filed, it is now untimely. ----- Legal Standard Standard for Dem...

Excerpt: ...s (COLA), which was ultimately denied on May 21, 2018. On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1) Negligence, (2) Inverse Condemnation; (3) Public Nuisance; (4) Pr...

Excerpt: ...sideration for a credit card and its benefits, Plaintiff alleges that Defendant agreed and promised to repay Plaintiff the sums advanced, plus interest. On or about the same date, Plaintiff approved the application and mailed Defendant a notice of approval and the terms and conditions for the credit card for which upon use of the credit card Defendant agreed to be bound by its terms and conditions and any modifications thereto. Plaintiff presents...

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...

Excerpt: ...y 11, 2022, Defendant filed its Answer. On September 30, 2022, Defendant filed three motions:  Motion to Compel Plaintiff's Answers to Request for Production of Documents (“Motion to Compel RFPs”),  Motion to Compel Plaintiff's Answers to Form Interrogatories (“Motion to Compel Form Interrogatories”), and  Motion to Compel Plaintiff's Answers to Special Interrogatories (“Motion to Compel Special Interrogatories”). No Oppositi...

Excerpt: ...n Jacobson and Nicole Parson, at his motel, Down Town Motel, located at 757 W. Avenue I, Lancaster, CA 93534, on the following dates:  June 19, 2020 to July 6, 2020 for Brian Jacobson, and  October l, 2020 to April 20, 2021 for Nicole Parson Both individuals are alleged to have had their stay subsidized by Defendant at a rate of $65.00 per day. Plaintiff presents that Defendant failed to pay the rent for Brian Jacobson and Nicole Parson and...

Excerpt: ...uck 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 because she was driving at a high rate of speed, she wasn't 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 Complaint ...

Excerpt: ...alleges that all defendants – CVS Health, CVS Pharmacy, and Doe Defendants – had notice that there was a substantial and foreseeable risk of the formation of black ice resulting from water emanating from a defective irrigation system and that each them were responsible for the purchase, selection of the irrigation system, its installation, placement, positioning and arranging and the spray intervals through automatic timers which control volu...

Excerpt: ...ent had high levels of potassium; (2) his information was relayed to Robin as well as AVH's intention to release Decedent that evening as AVH did not have a bed; (3) Robin informed AVH staff that Decedent needed dialysis and AVH kept Decedent overnight due to the new information; and (4) Decedent informed Marvin that AVH staff left her in the hallway overnight and left her to sit in her own feces for eight to ten hours. On or about September 30, ...

Excerpt: ...nd surgery would ultimately be needed soon, and (2) surgery. Plaintiff further alleges that she did not have the money for surgery but was told that MAH could use their donation box to help cover the balance. Plaintiff presents that she returned to MAH on the same day and presented $3,000.00 and a $500.00 voucher for the surgery and was told that (1) the surgery would be discounted by $300.00, (2) $500.00 would still need to be paid once surgery ...

Excerpt: ...t obtained possession of the motorcycle. Plaintiff further alleges that after obtaining possession of the Motorcycle, Defendant failed to abide by and cure his breach as of that date; Plaintiff has demanded that Defendant return the motorcycle, but Defendant continues to withhold possession of the motorcycle; and Defendant owes Plaintiff the sum of $25,358.34, plus interest, late charges, attorneys' fees and costs, pursuant to the Contract. On Ju...

Excerpt: ...ed to protect Plaintiff from pressure injuries to deep tissues in his posterior, thus, falling below the standard of care. The pressure injuries to deep tissues in his posterior are alleged to be a “massive decubitus tissue injury involving bone, muscle, nerves, and connective tissue.” (Complaint ¶ 6.) Plaintiff alleges non- economic and economic damages. On October 19, 2021, Plaintiff filed his Complaint alleging one cause of action for Med...

Excerpt: ...a loan 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: ...hout stopping, striking Plaintiffs' vehicle with the 2018 Chevy Malibu he was driving. Ma Delacruz (“Ma” and collectively “Defendants”) is alleged to be the owner of the 2018 Chevy Malibu. Plaintiffs allege serious and potentially permanent injuries to their physical and emotional/mental health. On February 15, 2022, Plaintiffs filed their Complaint alleging four causes of action: (1) Negligence (two counts), (2) Motor Vehicle Negligence ...

Excerpt: ...endence of Decedent. On June 04, 2021, Plaintiff filed her Complaint alleging one cause of action for Assault and Battery. On April 13, 2022, Defendant filed his Demurrer, subsequently sustained with Leave to Amend on May 11, 2022. On May 26, 2022, Plaintiff filed her First Amended Complaint (“FAC”) alleging three causes of action for (1) Ultra Hazardous Activity, (2) Assault and Battery, and (3) Drug Distribution.[1] On October 19, 2022, Def...

Excerpt: ..., 2022, Defendant filed his Answer. On June 16, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) alleging three causes of action for: (1) Breach of Contract, (2) Fraud, and (3) Conversion. On August 19, 2022, Defendant filed a Motion to Dismiss with Prejudice. On September 09, 2022, Plaintiffs filed their Opposition. No Reply has been filed. ----- Legal Standard Standard for Dismissal – “The summons and complaint shall be serv...

Excerpt: ...lling, operating, managing, inspecting, and maintaining electrical transmission and distribution systems which supplies power to consumers, (2) that SCE had a duty to do the aforementioned actions in a safe manner, including assuring that its electrical power equipment was safe, and (3) on February 16, 2019, an electrical power transformer owned, maintained, and operated by SCE short-circuited, causing the pole it was mounted on to catch fire. Pl...

Excerpt: ...aintained without interruption until around May 07, 2021 when they were closed without any warning, notification, cause, or reason. Plaintiff further alleges that the funds for the Reo Assets and Investment Servicing Co., LLC accounts ($3,000.00) were returned in the form of a check without a reason, but that the money from the other three accounts (approximately $153,000.00 were not returned). Plaintiff contends that he made numerous attempts to...

Excerpt: ...ined, or controlled the premises at the time of the incident. On December 13, 2021, Plaintiff filed his Complaint alleging two (2) causes of action for General Negligence and Premises Liability. On February 14, 2022, Defendant filed her Answer. On July 15, 2022, Defendant filed this Motion for Summary Judgment. On August 01, 2022, the scheduled hearing set for the Motion for Summary Judgment was continued from October 18, 2022 to November 08, 202...