Excerpt: ...ibits 1 – 6, 8, and 12 In Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (overturned on other grounds in Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 939 n. 13), the court stated it could “take judicial notice of the of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative l...

Excerpt: ...k by a vehicle while crossing Market Street in the City of Jurupa Valley (Defendant) after using the restroom at Defendant Adams Motorsport Park. Plaintiffs allege that Defendants caused a dangerous condition to exist for both motorists and pedestrians accessing Adams Motorsport Park. As a result, Plaintiffs filed their Complaint on 2/8/19 and First Amended Complaint (FAC) on 9/26/19 alleging causes of action for: (1) wrongful death, negligence; ...

Excerpt: ...; additional $25,000 “progress payment” due February 1, 2018; $725,000 “private note,” at 5% interest only for 60 months. (FAC at Ex. 1 and FAC at Ex. 1.) Although the original agreement included a “monthly payment” of $2,916.66, “due on the 1st of each month, with the first payment due on 10-01-2017;” Plaintiff's FAC contends that this monthly payment was subsequently changed by oral agreement of the parties to $3,020.83. (Ibid.)...

Excerpt: ...h and Technology, a business entity, form unknown; (5) Boeing Test and Engineering, a business entity, form unknown; (6) Enterprise Core Organization, a business entity, form unknown; (7) Gregory Gracey; (8) Heidi Capozzi; (9) Jeffrey Recktenwald; (10) Peter Rosenbloom; (11) Chris Roshak; (12) Phillip Downs; (13) Richard Harwin; (14) Steve Glogoza; (15) Amy Bartram; (16) Gina Kim; (17) Erica Maloney; (18) Joann Urtula. Plaintiff's complaint alleg...

Excerpt: ...pt. 2003, Saba and Grantham formed a joint venture with Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In December 2003, SJZ acquired the property from Saba and Grantham, after which ensued a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to S...

Excerpt: ...on, and requests for production; 3. An order compelling defendant/cross-complainant TDR, Inc. to provide responses to its first sets of form interrogatories, form interrogatories–construction litigation, and requests for production; 4. An order deeming the matters in its first set of requests for admission to defendant Ysali Pockman admitted; 5. An order deeming the matters in its first set of requests for admission to defendant Kenneth Shank a...

Excerpt: ...ult; (9) IIED; (10) negligent hiring, supervision, and/or retention; (11) wrongful termination in violation of public policy. Plaintiff alleges that she was groped on numerous occasions by Defendant Valadez while both were employed by defendant UCI. Plaintiff also alleges sexual harassment by other, unnamed male supervisors. Plaintiff alleges that she reported the harassment, but UCI failed to investigate and retaliated by placing her on a one-on...

Excerpt: ..., 34, 35, 36, 37, 38, 39, 40, 41, 42, 53, 54, 62, 67 and 69; and pay sanctions in the amount of $1,110.00. Defendant seeks the sanctions against both plaintiff and his counsel. Facts/Overview: Plaintiff contends that he was enrolled in the special education division of Glenn Yermo Elementary School. He contends Mitchell Schneider was an instructional assistant. He claims Schneider would “shake, push shove, hit, yank or otherwise abuse” plaint...

Excerpt: ...ly reinstated contractor's licenses belonging to Atkinson Contractors LP [“Atkinson”], Walsh Construction Co. [“Walsh”], and Atkinson / Walsh Joint Venture [“AWJV”]. [Collectively “Contractors” or “Real Parties in Interest.”] Petitioners allege that Respondent acted in excess of its authority in reinstating Contractors' licenses and deprived them of a defense under B&P §7031 in a separate action between Petitioners and Contra...

Excerpt: ...rshaki against Defendant Mid-Century Insurance Company. The operative verified First Amended Complaint was filed on 4/17/19. The FAC alleges causes of action for: (1) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (2)-(5) Insurance Bad Faith. No trial date is set. MOTION NO. 1 – Demurrer to the FAC Defendant, Mid-Century Insurance Co. demurs to the 1 st – 5 th causes of action for failure to state a cause of action. Defend...

Excerpt: ...roperty in the City of San Jacinto in Riverside County. In Sept. 2003, Saba and Grantham formed a joint venture with Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In December 2003, SJZ acquired the property from Saba and Grantham, after which ensued a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve ti...

Excerpt: ...iary duty; (6) breach of contract; (7) money had and received; and (8) deposit in court. Plaintiff alleges that Marik has failed to pay legal fees and that defendant Saba, a former legal associate, has interfered in plaintiff's ability to collect fees from Marik and others. Concurrently with the complaint, plaintiff filed a Notice of Related Cases, indicating that this case is related to Saba v. San Jacinto Z, LLC, OCSC Case No. 2017-00950366. On...

Excerpt: ...quick LLC v. JTH Holdings, LLC, OCSC Case No. 2016- 00874017 [lead case]. This action was filed on 9/8/16, and the operative pleading – the second amended complaint – was filed on 3/16/18. In it, plaintiff Gainquick LLC has sued defendants JTH Holdings, LLC, Danny Prosky and Zohar Prosky as trustees for the Danny & Zohar Prosky Family Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark At...

Excerpt: ...nd Zohar Prosky as trustees for the Danny & Zohar Prosky Family Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark Attalla, ACER Capital Group, American Cadillac Group, Brokerage International, Inc., JBA Property Investments, LLC, and Brandon Locascio. The SAC in this lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aiding and abetting s...