Excerpt: ... Homeowners Association and The Management Trust (collectively "HOA"), the causes of action for (1) negligence (3rd cause of action), (2) trespass (4th cause of action), and (3) private nuisance (5th cause of action). HOA moves to strike portions of Plaintiffs' Complaint concerning the request for award of punitive damages and attorney's fees. "[A] motion to strike is generally used to reach defects in a pleading which are not subject to demurrer...

Excerpt: ...f this action is a mobile home presently located at 5925 Mission Drive, Space 21 in Riverside, which has an estimated fair market value of $45,000 or more, and is subject to an HCD lien in an amount that is undetermined. Plaintiff alleges that during her lifetime Adela Hernandez was being cared for by her daughter, Adelita Lucero (Plaintiff), who was the only one of Adela's children that assisted her with daily living activities. It is alleged th...

Excerpt: ...18, Defendant entered into a written lease (the "Lease") for a unit ("Unit" or "Premises") at the property (the "Property") located on Hobsonway in Blythe, CA owned by Blythe Internal Medicine Clinic ("81MC"). (SAC, '1 26-27, Exhibit C.) Plaintiff thereafter acquired the Property from BIMC on August 26, 2021. (SAC, 23.) The Lease provides for an initial term of one year and renews automatically unless changed by the mutual agreement of the partie...

Excerpt: ... a medical practitioner who had permission from Defendant Eisenhower Medical Center ("EMC") to perform the invasive procedure on their premises Said suture caused a severe and lasting systemic infection which resulted in years of medical complications for the plaintiff. Plaintiff Gard has suffered medical expenses and pain and suffering as a direct result of the alleged negligence of Dr. llbeigi and EMC. Plaintiff filed a Complaint on June 2, 202...

Excerpt: ...e was financed with a loan from BMC Mortgage, lnc„ which was secured by the property. Richard, the borrower, died on November 7, 2021. On September 15, 2022, Defendant Western Progressive Services LLC recorded a Notice of Default on of Defendant PHH Mortgage Corp. Thereafter Plaintiff recorded the Order awarding him the property. Plaintiff contacted PHH seeking to cure the default, but PHH refused to speak to Plaintiff because he was not the bo...

Excerpt: ...inst defendants Reverse Mortgage Funding, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Com...

Excerpt: ... floor, causing her to get immediate surgery done on her knee. Plaintiff filed the Complaint on February 10, 2022, alleging premises liability and general negligence. Plaintiff contends she sent a letter three days after the incident demanding Defendant to preserve any evidence. Despite admitting in written discovery that there are eight cameras on the property, Defendant failed to produce video depicting the incident claiming that the footage no...

Excerpt: ...ling southbound on Heacock Street in Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson,l in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm ...

Excerpt: ... contended that the action has no merit or that there is no defense to the achon or proceeding. (Cal Code Civ Proc S 437c(a).) "A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law." (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002-1003.) "The moving party bears the burden of production to make a prima fa...

Excerpt: ... redistributed to Class Members. Counsel appears to have misunderstood this issue. As explained in the CMO, the Court believes that the redistribution of uncashed checks to the members of the class who did cash their checks better serves the public interest than distribution to a cy pres. If the parties chose to use a cy pres rather than the distribution back to class members, the CMO requires an explanation. This explanation was not provided. 3....

Excerpt: ..., (2) violation of Civil Code S 1793.2(b), (3) violation of Civil Code S 1793.2(a)(3), (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiff contends that he has noticed the PMK deposition multiple times but Defendant refuses to produce a PMK for relevant categories of testimony. Plaintiff c...

Excerpt: ...ative and awyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interference; (6) economic in...

Excerpt: ...Conference Hearing. Defendant Custom Commercial Solutions, LLC has not yet been served. Plaintiff's counsel should be prepared to discuss the status of service regarding this defendant. Factual / Procedural Context: This is a breach of contract case in which Plaintiff 5th & Mercedes, LLC alleges four causes of achon against Defendants CCS Group, LLC, CCS Executive Suites, LLC, Custom Commercial Page 6 of 21 Solutions, LLC and Robert Cooke for 1) ...

Excerpt: ...il of Moreno Valley's (City) 1/18/22 decision to approve the Compass Danbe Centerpointe warehouse project (Project), and to adopt an Initial Study/Mitigated Negative Declaration (MND) for the Project, which consists of construction of two industrial warehouse buildings, which are across the street from residential homes and a charter school. (Petition '1 2.) Real Party in Interest, CORE Holdings 17, LLC (RPI) is the Project applicant. (ld. '1 14....

Excerpt: ...ses of action for breach of contract, common count, claim and delivery, conversion, possession of personal property and declaratory relief. Defendant failed to respond, and a default judgment was entered on May 5, 2021. An amended judgment was entered on September 14, 2022 in the amount of $24,111.25 ("Judgment"). An abstract of judgment was issued on November 1, 2022 and a writ of execution on February 16, 2023. Plaintiff contends the Judgment w...

Excerpt: ...t Defendant City of Indio ("Defendant" or "City") for Violation of California Labor Code Section 1102.5. Perafan alleges that he was, among other things, subjected to multiple adverse actions and forced to retre by City in retaliation for reporting perjury and other suspected illegal conduct against City's chief of police and assistance chief of police in Perafan's job as a police sergeant on behalf of City. Perafan worked for the Defendant until...

Excerpt: ... to approximately $556,552.96. (Compl. 11, 13, 15.) The balance of $556,552.96 is the excess proceeds from the sale of a real property (the "subject property") that was sold at a public auction to satisfy unpaid taxes. (ld. at '13.) Defendants Richard Fracasse, Interinsurance Exchange of the Automobile Club, Glenoak Hills Community Association Francis Redmond, Asset Recovery, Inc., and Frank Redmond all filed claims with the Riverside County Trea...

Excerpt: ...nership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an ...

Excerpt: ...vidence" standards are applied liberally. Any doubt is generally resolved in favor of permitting discovery, particularly where the precise issues in the case are not yet clearly established. (Colonial Life & Acc. Ins. Co. v. Sup. Ct. (1982) 31 Cal.3d 785, 790, fns. 7-8.) For discovery, admissibility at trial is not required. Rather, the test is whether the information sought might reasonably lead to other evidence that would be admissible. (Code ...

Excerpt: ...ice. No formal opposition to this motion was filed. Instead, counsel for DHSO filed a declaration stating that he provided Plaintiff with a check to cover the sanctons. The check was dated September 6, 2023. The declaration also stated that DHSO served further verified responses, without objections, to Demands for Production 1 and 15, and Interrogatory 4.1. The Court finds that DHSO has not complied with the June 28, 2023 order. As to request for...

Excerpt: ...ine to rule on Plaintiff's "evidentiary objections" in the opposing separate statement, which are not properly before this Court. The opposing separate statement is not property formatted CRC, rule 3.1350(f)(1) provides that "[e]ach material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with...

Excerpt: ...ermits judicial notice of official acts of the Legislative, Executive and Judicial branches of government of any state. (See 640 Tenth LP v. Newsom (2022) 78 Cal. App. 5th 840, 850, FN 4, granting judicial notice of pandemic emergency orders.) The City also requests judicial notice of the California Secretary of State Roster of Public Agencies, May 2020 and May 2021 excerpts. Judicial notice of the Roster of Public Agencies is granted. (Elmore v....

Excerpt: ... constitutes a breach of this covenant. If this motion is not granted, the Plaintiffs contend they will be prohibited from seeking a permit until after July 29, 2024, due to a County moratorium. And argue that requiring the Defendant to sign a form for the County is not a mandatory action. Plaintiffs, however, are seeking a mandatory injunction. An injunction is prohibitory if it requires a person to refrain from acting and mandatory it compels t...

Excerpt: ...o the PSA agreement. It argues that SEQ had full knowledge and ratified GKL and Left's conduct. The evidence provided regarding alter ego does not support this argument. "Ordinarily, a corporation is regarded as a legal entity separate and distinct from its stockholders, officers and directors. under the alter ego doctrine, however, where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circum...

Excerpt: ... LLC ("Breit") and managed by Greystar California, Inc. ("Greystar") (collectively with Breit "Defendants"). Plaintiff asserts that in June 2021, there was a water leek on the subject property. When plumbers removed a portion of the drywall, they discovered black mold. Plaintiff hired a mold testing company and determined that there were high levels of Chaetomium and Stachybotrys throughout the property. Additionally, Plaintiff alleges that water...