Excerpt: ... (1) from sel ling, transferring, alienating, assigning or conveying the property; and (2) from blocking, preventing or inhibiting Plaintiff's access to the Property. Plaintiff has put forward competent evidence supporting her request, and the likelihood of prevailing on her claim to ownership of the subject property. “[T]rial courts must evaluate two factors in determining whether to grant a preliminary injunction application: the probability ...

Excerpt: ...nts Merc ury and Mueller to provide a further response to Interrogatory 324.1. Said response is due in 20 days. Factual / Procedural Context This action relates to a fire loss that occurred on October 9, 2020, at a home in Moreno Valley owned by defendants/cross -complainants Bob M. Hannah and Diana Sue Hannah (the “Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to r...

Excerpt: ...ant to Starbucks Mutual Arbitration Agreement. In addition, Defendant seeks an order staying the action pending completion of arbitration. Defendant's motion is based upon the grounds that: (1) Plaintiff agreed to arbitrate all claims related to his employment with S tarbucks; and (2) all of Plaintiff's claims fall within the scope of his arbitration agreement with Starbucks. Defendant therefore asserts it is entitled to an Order compelling arbit...

Excerpt: ...d from 1999 to 2011, which lawsuit was resolved by settlement in 2012. However, the District continued to retaliate against Plaintiff, including unfair treatment and harassment. Plaintiff further alleges the male coaches of the football and basketball teams receive privileges and advantages over Plaintiff, including more class assignments, more access to the weight room, more pay, etc. Plaintiff filed the original complaint on July 19, 2021, and...

Excerpt: ... Inc. After the court sustained, with leave to amend, as to Plaintiff's Complaint, Plaintiff filed a First Amended Complaint realleging the same three causes of action. Plaintiff seeks an order for leave to file a Second Amended Complaint to add allegations related to Plaintiff's whistleblowing claims under Labor Code Section 1102.5. Plaintiff asserts that there is no prejudice to Defendant in granting this Motion as the case is just over a yea...

Excerpt: .... In 2009, a notice of default was recorded against the property. In 2010, Mrs. Webb entered into a loan modification agreement. However, she continued to struggle making payments until she died intestate in 2016. Plaintiff and his sister are Mrs. Webb's heirs and succe ssors in interest. In 2018, Plaintiff was appointed the administrator of Mrs. Webb's estate. In 2019, defendant PHH Mortgage Corporation (“PHH”) started servicing the loan. P...

Excerpt: ...she: 1) has the right to immediate possession of tangible personal property; and, 2) the property is being wrongfully withheld by defendant. C.C.P. §512.010; Englert v. IVAC Corp. (1979) 92 Cal.App.3d 178, 184. The property must exist in some concrete or tangible form, c apable of identification and seizure. Lamus v. Engwicht (1919) 39 Cal.App. 523, 529. (A writ of possession cannot be used to levy on intangibles such as, bank accounts, account...

Excerpt: ...., Department 5 . Factual and procedural background: On 10/19/2022, Plaintiff Edward Nunez (“Plaintiff”), in pro per, filed a Complaint against Defendant Robertson Ready Mix, Ltd. (“Defendant” or “RRM”), Doe 1 and Doe 2– 20, alleging (1) battery, (2) intentional inflictio n of emotional distress (“IIED”), (3) negligent hiring, and (4) negligent retention. On 6/23/2023, Plaintiff filed his First Amended Complaint (“FAC”), ...

Excerpt: ...ega owns the Property and the Gandarilla Defendants maintain/control the Property. There is a pending family law action (FLRI2005340) between the Gandarillas seeking dissolution of the marriage as well as right to possession of the Property. The Complaint alleges that the Gandarilla Defendants are now litigating to gain title to the Property in the family law case. Plaintiff alleges that since April 2020 it has inspected the Property 24 times and...

Excerpt: ...re various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wr ongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warranty of Habitability Pertai...

Excerpt: ...led a co mplaint for violations of SongBeverly: (1) breach of express warranty; (2) breach of implied warranty; and (2) Civil Code §1793.2. Trial is currently set for 5/17/24. Defendant moves to compel inspection of Plaintiff's vehicle at an authorized dealership. Defendant seeks sanctions of $1,425.00 against Plaintiff and counsel. Alternatively, Defendant requests issue and evidentiary sanctions. On 10/18/23, Defendant served a notice of inspe...

Excerpt: ... grants th e motion for summary adjudication as to the 3rd cause of action as to both Plaintiffs. The Court denies the motion for summary adjudication as to the 4th cause of action as to both Plaintiffs. Factual / Procedural Context This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor -trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 (...

Excerpt: ...e premises lo cated at 1130 W. 6th Street, Corona, California (the “premises”) owned by Defendant Super Center Concepts, Inc. (“Defendant”). On February 22, 2022, Plaintiff filed this action against Defendant for general negligence and premises liability. On March 2, 2 023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same causes of action. Trial is set for 6/21/24. (Plaintiff has also filed an ex parte motion to...

Excerpt: ...m damages. Plaintiff Kristopher Dreyer (“Plaintiff”) alleges he was defamed by Defendants Sean Patterson and Kezia Marques (“Defendants”). Plaintiff alleges he learned of their defamatory statements on January 15, 2020, through the deposition of Richard White, f ormer CEO of now bankrupt Riverside Christian Schools (“School”), during its bankruptcy proceedings. He alleges the defamatory statements by Defendants to the Bankruptcy Trust...

Excerpt: ... Defendants”). In addit ion to the Entity Defendants, Plaintiffs also named their officers and directors, including Kaveh Daryaie, Stephan Stephanoff, Miraya Lisa Daryaie, and Paris Dominique Daryaie (collectively, “Defendants”). On May 3, 2023, and their operative First Amended Complaint (“FAC”) on September 21, 2023. In their thirteenth cause of action for violation of Contractors' State Licensing Law, Bus & Prof. Code § 7000 et seq....

Excerpt: ...plaint, ¶ 2.) D efendant Albertsons (“Albertsons”) is the second -largest supermarket chain in North America. (Id. at ¶ 3.) Starting in or about 2019, Cadence and Albertsons became engaged in a supplier -customer relationship. Initially, Cadence was to produce for Albertson s different products under the Savory Skillets line. Albertsons first marketed those products in four stores, then before long, sold those products in 1,900 of its stor...

Excerpt: ...$48,197.03. The Comp laint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a Cross -Complaint against Home Care. In his original cross -com plaint he alleged that he could not be released from his rehabilitation center without proof of 24 -hour care. Home Care represented that it could provide said care and it...

Excerpt: ...rd of damage s. (Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579, 593.) The elements of an IIED cause of action are: (1) outrageous conduct by defendant; (2) the defendant's intention of causing or reckless disregard for the possibility of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation. (Fletcher v. Western National Life Ins. (1970) 10 Cal. App. 3d 376, 394....

Excerpt: ...air a 2018 truck. ESCO Industries, Inc. (“Defendant”) supplied Plaintiff with several pump parts to repair the vehicle. Defendant informed Plaintiff that the parts were new and not defective. The parts allegedly had a warranty that covered the parts for at least 12 mon ths, 100,000 miles, or 4,000 hours of operation. Less than a year after obtaining the parts from Defendant, the engine of the truck suffered a catastrophic failure resulting in...

Excerpt: ... Practices Act (“IPA”) statutes (Civ. Code, § 1798, et seq.), is overbroad, and intrusive of her right of privacy. She states Defendants are the cause of the subject crash and her entire driving history is not at issue. The Court agrees that the subpoena is overbroad, imp ermissibly impinges upon Plaintiff's right to privacy, and seeks information not reasonably calculated to lead to the discovery of relevant or admissible evidence. A motion...

Excerpt: ...nd 97; as to the Req uest for Production 5, it is denied. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. Absent a claim of privilege or attorney work product, the party who seeks to co mpel production has met his burden of showing good cause simply by a fact -specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App.4th 92, 98.) The...

Excerpt: ... CITY COUNCIL OF THE CITY OF RIVERSIDE, ERIN EDWARDS, CLARISSA CERVANTES, RONALDO FIERRO, GABRIELA PLASCENCIA, STEVEN HEMENWAY, JAMES PERRY Tentative Ruling: Page 9 of 12 In an underlying case, Platt v. City of Riverside (RIC 1822011), Tony Platt alleges that on 11/5/12, Rive rside Air Service, Inc. (RASI) entered into a long- term lease with Defendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, Ci...

Excerpt: ...uant to CC P §1019.5. Attorney fees and costs awarded to moving party and counsel in the amount of $1,060.00 payable by responding party and counsel within 30 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a commer cial lease dispute. Plaintiff Chedraui USA, Inc. dba Bodega Latina Corp. alleges that it entered into a lease with defendant El Tigre Investment, LLC on January 4, 2018 (the “Lease...

Excerpt: ...between 2012 and 2018, while they were students at Eleanor Roosevelt High School. (Complaint at ¶¶ 1 -6, 10.) Robles, an employee of the District, and a teacher and coach at Eleanor Roosevelt High School, groomed and sexually assaulted Plaintiffs for years, and this behavior was known to school administrators, coaches, and teachers, who failed to report it. (Complaint at ¶¶ 17, 19 -36.) On April 24, 2023, each Plaintiff propounded identical r...

Excerpt: ...service, cashier service, and logistics. In December 2018, Plaintiff's supervisors, Annette Marquez (“Marquez”) and Marc, asked Plaintiff if he was homosexual. He answered in the affirmative. After this conversation, Marquez began subjecting him to disparate treatment bec ause of his sexual orientation. He also contends that he was subjected to race discrimination because he was African American. He asserts that Target regularly promoted Cauc...

Excerpt: ...ndants waived untimeliness of the Second Amended Complaint by filing the demurrer addressing the substance of Plaintiff's complaint. The motion to strike punitive damages is moot. As to the 4COA, 5COA and 6COA, in sustaining the demurrer to the FAC, the Court explai ned that 1) Plaintiff failed “to allege any specifics including the how, when, where, to whom and by what means the representations were tendered”; 2) Plaintiff failed “to all...

Excerpt: ...es), represe nted to Plaintiffs that they were all qualified to complete the project within six months, and that they inferred the project would cost about $500,000. The Complaint alleges that these representations were false, that the Defendants were not properly lice nsed or qualified, and that the Defendants did not do the work properly, finish on time, or stay within the agreed -upon budget. Defendants David McFarland and David McFarland G...

Excerpt: ...tlement o pportunities. Factual/Procedural Context This action arises from the parties' contractual dispute. On January 26, 2021, Plaintiffs/Cross -Defendants Joseph F. Schallert (“Mr. Schallert”) and Amy E. Schallert (“Ms. Schallert”) (collectively, “Cross -Defend ants”) entered into a written Vacant Land Purchase Agreement (“VLPA”) with Defendant/Cross - Complainant North Pacific Developments, Inc. (“NPD”) for the purchase ...

Excerpt: ...ed, or beyond the scope of discovery. CCP §2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929. Under Evidence Code § 1040(b), a public entity has privilege to refuse to disclose official information, if “[d]isclosure of the information is against public inte rest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice . . .” “Evid...

Excerpt: ...Saccuzzo Dec l. ¶¶13–18.) Contrary to GMWC's argument, “California courts do not require detailed time records, and trial courts have discretion to award fees based on declarations of counsel describing the work they have done and the court's own view of the number of hours reasonably spent.” (Syers Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 698; see also Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 132...

Excerpt: ...ber 13, 2021, Plaintiff Mario Serna (“Plaintiff”) purchased a 2021 Honda Accord (“Subject Vehicle”), which was manufactured and/or distributed by Defendant American Honda Motor Company (“Defendant” or “Honda”). The Subject Vehicle was purchased with certain express warranties. Plaintiff alleges that the Subject Vehicle was delivered with defects and nonconformities, including a defective Honda Sensing System. Plaintiff asserts tha...

Excerpt: ...d Code § 452(b) 1. Deny the Motion for Summary Judgment. 2. Deny the Motion for Summary Adjudication of the Negligence cause of action as Defendant failed to meet its initial burden that it did not cause Plaintiff's injuries. 3. Grant the Motion for Summary Adjudicati on of the Intentional Infliction of Emotional Distress cause of action as there is no evidence or triable issue of fact of extreme or outrageous conduct. The elements of a neglige...

Excerpt: ...y.” The determination of whether to Page 5 of 9 consolidate two actions is a matter for the trial court's discretion. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515. The purpose of consolidation is to enhance trial court efficiencies and consolidation should be gra nted to: (1) avoid repetitive trials of common issues; (2) avoid unnecessary costs and delays; and (3) avoid a substantial risk of inconsistent adjudications. (Todd -Stenberg v. ...

Excerpt: ...d. Plainti ffs Elliot A. Schutzer and Aileen P. Schutzer individually, and as trustees of the Schutzer Trust 2002 dated April 19, 2002 (“Plaintiffs”) are the owner a large residential property located in Rancho Mirage (“Subject Property”). On May 18, 2020, Plaintiffs entered into a written construction contract (“Contract”) with Defendant Engstrom Construction, Inc. (“ECI” or “Defendant”) for a major remodeling project for the...

Excerpt: ... showing t hat one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Importantly, a moving defendant est ablishes a right to summary judgment by showing that the plaintiff lacks the evidence to support at least one element of the cause(s) of action pleaded. (Cole v. Town of Los Gatos (2...

Excerpt: ...ON (MOTION F OR FURTHER SANCTIONS RELATING TO REQUEST FOR PRODUCTION OF DOCUMENTS) CVRI2105527 HERNANDEZ VS COUNTY OF RIVERSIDE MOTION FOR FURTHER SANCTIONS RELATING TO SPECIAL INTERROGATORIES Tentative Ruling: This is a wrongful death action brought by Plaintiffs, Jul ia Hernandez, Ricardo Aguilar, Sr. (“Ricardo”) (because multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect i...

Excerpt: ...on against Defe ndant Asurion Consumer Solutions, Inc. Defendant Asurion demurs to each of these causes of action, on the grounds they are fatally uncertain, and do not allege facts sufficient to state a valid cause of action against Asurion. Defendant also asserts that t he CTAC is a sham pleading. Defendant asserts that Plaintiff's Third Amended Complaint, and the corrected version, constitutes a “Sham Pleading” in that she omitted allegati...

Excerpt: ...021, the Insured pur chased a workstation cubical (“cubical”) designed, manufactured, distributed, and/or sold by Defendants Herman Miller, Inc. (“HMI”) and GM Business Interiors (“GM”) (collectively “Defendants”). Plaintiff asserts that Defendants also installed the cubical prior to March 5, 2021. The cubical includes a light fixture. Plaintiff alleges that on March 5, 2021, the light fixture failed causing a fire that resulte...

Excerpt: ... property and i ts value; (4) the location of the property and if it is within private property, a showing that there is probable cause to believe that such property is located there; and (5) a statement that the property has not been taken for tax, assessment, or fine, u nder a statute; or seized. CCP § 512.010(a). Unless the court finds that the defendant has no interest in the property, the court shall not issue a writ of possession “unti...

Excerpt: ...ime, before or after c ommencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) Since judicial policy favors the resolution of all disputed matters between the par ties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great l...

Excerpt: ...ing: The Court sustains EM WDFC's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains EMWD's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains both EMWDFC and EMWD's demurrer to Plaintiff Vasquez, without leave to amend . As the pleadings are not at -issue, the Court shall on its own motion continue the CMC hearing to 7/31/24 at 8:30am. All parties are ordered to submit updated CMC sta...

Excerpt: ...ffs”) were employed by Odes USA, Inc. (“Odes”) as customer service representatives. They allege that Odes has failed to provide them or pay them for missed meal and rest breaks, failed to timely pay wages, and failed to pay for earned sales commission. They contend that Toa Wang aka Sarah Wang (“Wang”), Odes' Chief Executive Officer, harassed the Plaintiffs by making comments that women were better workers than men and made offensive co...

Excerpt: ... SHARONA ESLAMBOLY HAKIM as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for Failure to file timely proof of service on all cross -defendants pursuant to CRC 3.110(c). C.C.P. §473(b) allows relief from a default or dismissal where there has been a mistake, inadvertence, surprise or excusable neglect. Relief on these grounds is discretionary. (C.C.P. § 473(b); Lorenz v. Commercial Accept. Inc. Co. (1995) 40 Cal.Ap...

Excerpt: ...nty manifested within the a pplicable warranty period, which AHM's authorized facility Defendant Lake Elsinore Honda was unable to repair. (Complaint, ¶¶ 11 -16.) The Complaint sets forth five causes of action: (1) Violation of Song Beverly -Breach of Express Warranty; (2) Violation of Song Beverly - Breach of Implied Warranty; (3) Violation of Civil Code § 1793.2 and (4) Negligent Repair (against Lake Elsinore Honda). AHM now moves to compel...

Excerpt: ...nses to Deposit ion Questions numbers 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 22, 23 25 and 27. Sanctions not imposed pursuant to agreement between parties that “sometimes there are issues that just need the court to resolve (Harnik Decl.) Moving party to provide notice pursuant to CCP 1019.5. This is an employment law case in which Plaintiff Norma Castellanos alleges 17 causes of action for: 1) gender harassment, 2) sexual harassment, 3) failur...

Excerpt: ...aulted Plain tiffs resulting in injuries. (Complaint, ¶¶ 12 -26.) Plaintiffs allege that Defendants Dawson, Francis and Scott were coaches for Defendant Menifee Elite Athletics Sports, LLC (“Menifee Elite”). (Complaint, ¶¶ 43 -44.) On 12/7/22, Plaintiffs filed this Com plaint alleging claims against Defendants Menifee Elite, Dawson, Francis and Scott, for: 1) Assault and Battery; 2) Intentional Infliction of Emotional Distress; 3) Negli...

Excerpt: ...e means, an d (2) The arbitrator exceeded his powers, and the award cannot be corrected. The crux of this case is that petitioner Robert Malone submitted a fraudulent arbitration claim to the California Dispute Settlement Program (CDSP)1 for a used vehicle which he ne ver really purchased. Malone concealed this fact from TMS and from the CDSP arbitrator and duped the arbitrator into awarding him a replacement vehicle. TMS discovered the fraud whe...

Excerpt: ...ome in Palm Springs to be closer to DRMC. Defendant CEP America, General Partnership dba Vituity (“Defendant”) contracted with DRMC to replace Envision. Defendant hired every other physician who provided services at DRMC through Envision, but refused to hire Plaintiff. Plainti ff contends that he was denied unemployment solely because he was engaged in active litigation against the Regents of the University of California (“Regents”) which...

Excerpt: ...le a Joint Status Statement no later than 10 days before the continued hearing date of any outstanding issues. Factual / Procedural Context On November 11, 2022, Plaintiff Armando Tapia (“Plaintiff”) entered into a warranty contract with Defendant Hyundai (“Defendant ”) regarding a 2023 Hyundai Ioniq 5 (the “Vehicle”), which was manufactured and distributed by Defendant. During the warranty period, the Vehicle contained or developed d...

Excerpt: ...d. Factual and procedural background: Plaintiff Hudson Insurance Company (Hudson) filed its initial Complaint on 1/20/2023, and its First Amended Complaint (“FAC”) on 5/17/2023, against Defendant Richard N. Maksoud alleging a single cause of action for breach of con tract. The contract at issue is an indemnification agreement. Plaintiff is a surety. This indemnification action follows claims and civil actions brought against it by alleged ...