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...