Excerpt: ...afting party materially breaches the arbitration agreement and is in default, the consumer or employee may either withdraw the claim from arbitration and proceed in a court or compel arbitration where the drafting party shall pay reasonable attorney's fees and costs related to arbitration. (CCP §1281.97(b).) If the consumer or employee proceeds with an action in court, the court shall impose sanctions in accordance with CCP §1281.99. (CCP §128...

Excerpt: ...ued, among others, Susan Harvey and Desert Pacific Properties, the broker/agent for the property's sellers. This motion concerns the cross action by Harvey and Desert Pacific Properties as against the Morrows' broker/agent, Cross‐Defendants Hall and Forbes & Associates Realty Group. Hall and Forbes move for an order establishing that Harvey and Desert Pacific, whom they refer to as the Seller Broker, cannot prevail on their First Amended Cross�...

Excerpt: ...while a collection action is pending to prevent the debtor from transferring, encumbering or concealing assets available to satisfy a judgment. An attachment may be issued only if the claim sued upon meets the following requirements: (1) a “claim for money ... based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is either unsecured or secured by personal property, not re...

Excerpt: ... requested by plaintiff and defendants for reason they are not material to determination of issues on demurrer or motion to strike. Factual and procedural background: This is a civil rights action brought by plaintiff Salvador Venegas, an inmate, against defendant County of Riverside and numerous named employees of the Sheriff's Department over his confinement at the Larson Justice Center in Indio. The Complaint was filed on 7/6/20, and the first...

Excerpt: ... of the manufacturer of the vehicle for repair; and (3) the manufacturer or his representative did not repair the nonconformity after a reasonable number of repair attempts. (Oregel v. Am. Isuzu Motors, Inc. (2001) 90 Cal.App.4th 1094, 1101.) Here, the Complaint fails to sufficiently allege any breach of express warranty under the SongBeverly Act by CarMax. As CarMax argues, there are no allegations in the Complaint that CarMax ever provided Plai...

Excerpt: ...ds is proper under Evid. Code § 452(d). The court can also take judicial notice of the existence of recorded documents and their legal effect. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐755.) LIS PENDENS A lis pendens/notice of pendency gives constructive notice of a pending lawsuit affecting title to described real prope...

Excerpt: ...ase MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php. Tentative Ruling: Continued to 6/2/2...

Excerpt: ... to entry of judgment as a matter of law. (CCP § 437c(c).) A defendant/cross‐ defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (CCP § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing h...

Excerpt: ...Government Code section 815.2, subdivision (a) if defendant Davis breached Civil Code section 1714 by doing things like moving the traffic markings plaintiff's contractor had established. (Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1183‐1184 [Civil Code section 1714 can support a claim for vicarious but not direct negligence against a public entity].) Although Davis denies moving parking markings, plaintiff's exhibit...

Excerpt: ...e complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 ‐550.)...

Excerpt: ...diced because the trial is not until January 2023. Defendant argues that by statute, jury fees must be paid before the CMC. Defendant argues that plaintiff was aware that jury fees had not been posted and had numerous opportunities to do so. Defendant argues that it will be prejudiced. Defendant argues that there will be prejudice to the Court because the pandemic caused a backlog of cases. A party demanding a jury trial must post jury fees on or...

Excerpt: ...ainst Defendant WFG National Title Insurance Company alleging (1) professional negligence, (2) intentional infliction of emotional distress (“IIED”), (3) fraud/misrepresentation, (4) gross negligence, and (5) unlawful business practices. Plaintiff alleges that Defendant, acting as escrow agent, mistakenly used the proceeds of the sale of Property 1 to pay off the Property 2 loan, rather than Property 1 loan as the escrow instructions required...

Excerpt: ...ationship that is not yet contractual, i.e., it protects the expectation of an advantageous business relationship even in the absence of a legally binding agreement. (Buckaloo v. Johnson (1975) 14 Cal.3d 745, 749, disapproved on other grounds in Della Penna v. Toyota Motor Sales, U.S.A., Inc. (1995) 11 Cal.4th 376.) Plaintiff must plead and prove 1) an existing economic relationship between plaintiff and a third party, with the probability of fut...

Excerpt: ...cies listed below. Status conference: The status conference is vacated. Analysis: The motion fails to comply with the CMO in the following respects: 1. Plaintiff shall file an amended declaration: which includes the headings required by CMO § D.1; in which he states whether he is being compensated for individual claims as required by § D.4.; and which answers the questions posed in § D.6.a. 2. Plaintiff's counsel shall file an amended declarat...

Excerpt: ...ipagbor (Evelyn) and Tabeyang Ndipagbor (Tabeyang).1 Plaintiff alleges that on 6/29/19, Defendants made false statements that Plaintiff was a prostitute and had adulterous sexual relations with friends. According to the proofs of service filed on 1/6/22 and 1/7/22, a registered process server served Defendant Tabenyang via personal service on 1/4/22, and Defendant Evelyn via substituted service (by serving Tabenyang) on the same day. On 4/1/22, t...

Excerpt: ...rocedural History This is a wrongful death/personal injury case. On November 16, 2016, Plaintiff Ryan Helling (“Helling”) purchased a new 2017 RZR 1000 XP4 (“Vehicle”) from Defendant Epic Motorsports, Inc. (“Epic”). The Vehicle was manufactured, sold and/or distributed by Defendants Polaris Industries, Inc. and Polaris Sales, Inc. (collectively “Polaris”). Subsequent to the purchase, Helling delivered the Vehicle to Defendants Mad...

Excerpt: ...called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. Please state call in number as provided by Courtroom Assistant. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote ‐appearances.php. Tentative ...

Excerpt: ...that the subpoena is overbroad and inadequately describes the documents to be produced. The subpoena at issue requests production of business records as follows: Any and all cellular, mobile, telephone, text messages, voice or data communication billing, log, or other writing, which reflects each cellular, mobile, telephone, text messages, voice or data communication received or transmitted by cellular telephone number (661) 431‐4548 in which c...

Excerpt: ... attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." This relief is often referred to as "mandatory" because the court must grant relief unless it finds that the attorney was not actually the cause of the neglect, e.g., when the attorney is merely covering up for the client. See Jerry's Shell v Equilon Enters., LLC (2005) 134 CA4th 1058. Further, relief is not mandatory based on an attorney affidavit o...

Excerpt: ...hat is, his exercise of his constitutional right to petition the government and of speech about an issue of public interest and that cross‐complainants cannot establish a probability of success on the merits. O'Connor seeks $14,160 in attorney's fees and costs in bringing the special motion to strike. Cross‐ complainants contend that the statements alleged in the cross‐complaint do not arise from protected activity and that if they were, cr...

Excerpt: ... is breach of contract case. In February 2020, Plaintiff Christian Moreland (“Moreland”) was introduced to Defendant Sean Ortiz (“Ortiz”) by Defendant Donald Pierre (“Pierre” or “Defendant”). Ortiz indicated that he was starting a cannabis business and Moreland agreed to invest. Pierre allegedly falsely represented that he was a preexisting investor in the business, which Pierre and Ortiz misrepresented as GHC Ventures and Loyalty...

Excerpt: .... Co. (2020) 53 Cal.App.5th 476, 483, is misplaced, because those cases deal with the res judicata effect of judgment, not with whether the aggrieved employees may be deemed to have signed releases. Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.4th 56, pages 68‐69, to which they also cite, do not assist them, because those pages merely recite the parties' arguments in the trial court and the trial court's ruling on those arguments. The Moniz cour...

Excerpt: ...ce is continued to July 13, 2022, at 8:30 A.M. Analysis: The motion fails to comply with numerous sections of the Case Management Order #2. The moving papers having thus demonstrated that the plaintiff has not exercised reasonable care in attempting to comply with the CMO, the Court has suspended its review of the moving papers until the motion is revised and refiled. Therefore, the following list of deficiencies is probably incomplete. • The P...

Excerpt: ...(2007) 148 Cal. App. 4th 97, 113.) Dixon asks the Court to take judicial notice of: 1) an excerpt of a transcript of questioning of Plaintiff, Ernest Waud, dated 3/3/21; and 2) the Syndicate Agreement for horse Peninsula Classic 1 (Smitty) between Dixon and Waud, dated 6/9/19. Notably, Dixon does not provide specific authority for the Court to judicially notice these documents. Plaintiffs object to the request for judicial notice of Waud's deposi...

Excerpt: ...alled and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php. Tentative Ruling: Granted in the reduced and reasonable amounts of attorney ...