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: ...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: ...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: ...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: ...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: ..., 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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...