Excerpt: ...to provide Scruton with caregivers at a rate of $28.50 an hour for a minimum of four hours each visit. Scruton has failed to pay for the services provided. He owes Home Care $48,197.03. The Complaint 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. He alleges that he did n...

Excerpt: ...ll or substantially all of its assets to ORT, such that ORT is the alter ego of OR. Plaintiff further alleges that OR has been stripped of its assets to render it judgment proof in the present action. Defendant ORT now brings this Demurrer to each cause of action in the TAC for failure to state facts sufficient to constitute a cause of action, and for uncertainty. (CCP §§ 430.10(e),(f).) Here, the TAC alleges that “all defendants were acting ...

Excerpt: ...��Individual Defendants”) are her former supervisors and managers. The DA's office consists of various units which specialize in prosecuting different categories of cases. In 2011, Plaintiff was placed in the Special Prosecutions Unit, White -Collar Crime (“White Crime Unit”), prosecuting auto i nsurance fraud cases. She spent eight years in the White Crime Unit, and became an expert in the field. (Complaint, ¶¶ 16, 24.) In June 2013, Pl...

Excerpt: ...its counsel, represents in its opposition that it has served supplemental responses to Plaintiff as to the at -issue RFPs. Plaintiff argues, however, that Plaintiff has not received these supplemental responses, which FCA has failed to include with its supporting decla ration. Therefore, the motion is granted to the extent FCA is compelled to re -serve the verified supplemental responses to ensure receipt by Plaintiff. Nonetheless, sanctions is ...

Excerpt: ...vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty, and emission warranty. (FAC, ¶ 7.) Plaintiff alleges that certain defects and nonconformities manifested themselves within the applicable express warranty period that substa ntially impaired the use, value, or safety of the vehicle, including “transmission defects, infotainment defects….” (FAC, ¶¶ 11, 12.) Plaintiff presented the vehicle on var...

Excerpt: ... attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP §§ 2025.450(h); 2030.290(c); 2031.300(c).) “To the extent authorized by the chapter governing any particular discovery method . . . the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in condu...

Excerpt: ... employment action based on alleged disability discrimination. Plaintiff Amy Zeta alleges she was employed by defendant County of Riverside (the “County”) as a Deputy District Attorney (“DDA”) from 2008 to 2023. Defendants John Henry (“Henry”), Melissa Moore (“Moore”), Kelly Catlett (“Catlett”) and Michelle Paradise (“Paradise”) (collectively “Individual Defendants” or “Defendants”) are her former supervisors and m...

Excerpt: ...evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken....

Excerpt: ...dant Sarnowski, only. The remainder of the demurrer is overruled as to the fraud cause of action. Motion to strike is moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include various court records from the underlying action (Exs. 1 -8, 12- 14, and 17); the recorded quit claim deeds (Exs. 9 -11); and discovery responses in this action (Exs. 15- 16.). The court grants t...

Excerpt: ...t Bank FSB; and U.S. Bank National Page 2 of 6 Association, as Trustee for Bank of America Funding Corporation Mortgage Pass -Through Certificates, Series 2006- D (erroneously sued as U.S. Bank National Association.) Plaintiff alleged causes of action for: (1) Quiet Titl e; (2) Cancellation of Instrument; and (3) Wrongful Foreclosure. On 1/17/24, the Court sustained a demurrer to the FAC with leave to amend. The Minute Order from the 1/17/24 hea...

Excerpt: ...aintiff's harm. (CACI 1201; see also Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486, 1500.) The SAC here alleges that Defendant manufactured the battery and it was defective as it was manufactured with wire insulation that was not of adequate resistance and a rem ovable or loose terminal cap (SAC ¶ 24.) It further alleges that Plaintiff was harmed and the defect was a substantial factor in causing the harm. As such, the Demurrer to this c...

Excerpt: ... with 20 days leave to amend. Because the Court is sustaining with leave to amend, the Motion to Strike is moot. Factual/Procedural Context On October 31, 2023, Plaintiff Shirley Hicks (“Decedent”), by and through her Successorin- Interest, Latish Hicks (“Plaintiff s”), filed their operative First Amended Complaint (“FAC”) against Defendants Mt Rubidouxidence Opco, LLC; Providence Group of Southern California, LLC; Providence Group, ...

Excerpt: ...o meet and confer in good faith as ordered may result in sanctions. The Court also notes that it has reviewed motions and oppositions at issue. Based on the tone of the documents, the Court finds it is necessary to remind all counsel that civility and professionalis m among counsel should be the norm and not the exception. Counsel need not always agree, but their disagreements, especially when relayed to the Court, should be free of rancor unbec...

Excerpt: ...t failed to keep the parking lot in a safe condition and failed to properly inspect its property. The complaint asserts a claim for negligence and premises liability. Defendant contends that Plaintiff's claims fail because the hose was open and obvious. Defendant had plac ed a yellow caution sign out because its employee was watering plants. It argues that Plaintiff ignored these signs, its employee, the water on the ground, and the red/orange ho...

Excerpt: ...spass caus e of action. Statute of Limitations. County argues that the tort claims for nuisance and trespass fail because Plaintiff did not file the Complaint within six months from the County's rejection of the claim under the Government Claims Act, and that any damage suffered by Plaintiff accrued prior to July 2019, and is thus timebarred by the one - year statute of limitations under the Government Claims Act. County further contends that th...

Excerpt: ...enied. Defen dant shall provide further responses and documents within 30 days. Plaintiff's request for sanctions is granted in the reasonable reduced amount of $860 (2 x $400/hr. plus filing fee), to be paid within 30 days. EVIDENTIARY OBJECTIONS Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, lack of personal knowledge, misstatement of evidence, etc. Plaintiff's obj...

Excerpt: ...ay bring a motion to compel further responses to requests for production of documents, if it finds the responses evasive, incomplete, or an objection to a request is made without merit or is too general. CCP § 2031.310(a). A party bringing a motion to compel further respons es to requests for production of documents must engage in a good faith meet and confer attempt before bringing a motion. CCP § 2031.310(b)(1). A meet and confer requires a ...

Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. However, AVI did not inspect the property. Instea...

Excerpt: ...alifornia (“OCTCSC”) pr ovided BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company (“RATIC”) (collectively “Plaintiffs”). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker indiv idually (“2018 Indemnity Agreement”). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement...

Excerpt: ...ge Property Fund 2 016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on November 27, 2023. The FAC set forth eleven causes of action: (1) Violation of HBOR – Dual Tr acking (against RMF); (2) Breach of Contract (against Breckenridge); (3) Gross Negligence (against Breckenridge); (4) Intentional Misrepresentation (against...

Excerpt: ... Santos Guillen Martinez (“Plaintiff”) alleges that on March 6, 2018, he was involved in an automobile collision caused solely by the negligence of third- party Javier Legaspi (“Legaspi”). (Complaint, ¶ 12.) As a result, Plaintiff suffered injuries totaling at least $242,315 as of November 2018. (Id., ¶ 18.) Legaspi's liability insurer, Kemper Insurance, paid the $15,000 policy limit for Plaintiff's injuries, which was insufficient to c...

Excerpt: ...uit occurre d in Wyoming (Compl. ¶¶ 6, 8– 9); Plaintiff's claims are not time -barred in Wyoming;1 and all Defendants are subject to and have agreed to submit to jurisdiction in Wyoming regarding this lawsuit. (Razavi Decl. ¶ 3; Hahn v. Diaz - Barba (2011) 194 Cal.App.4th 1177, 1190 [“It is well settled under California law that the moving parties satisfy their burden on the threshold suitability issue by stipulating to submit to the juris...

Excerpt: ...ed a ne w 2022 Ford F-150 from Fritts Ford. (Complaint, ¶ 13.) Plaintiffs allege that, the subject vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty includi ng, “screen blacking out, the speakers not working, a crackling noise coming from the passenger speakers, the Vehicle veering side to side when in cruise control, the rear axle hub br...

Excerpt: ...enhower Medical Center continued to treat Plaintiff and eventually discharged him with a dislocated hip. Plaintiff returned the day after discharge where he was diagnosed with the dislocation of his hip. Defendant Sinha performed another hip surgery, where he notic ed a new fracture along his femur, requiring additional cabling to secure the fracture. Plaintiff now has a leg length discrepancy that continues with pain. Plaintiff's husband, Plaint...

Excerpt: ...1) 91 Cal.App.4th 875, 881.) “It is not sufficient that the complaint might be barred.” (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324.) Fraud is subject to a 3 -year statute of limitations from the date of discovery. (C.C.P., §338(d).) “The discovery rule provides that the accrual date of a cause of action is delayed until the plaintiff is aware of her injury and its negligent cause.” (Jolly v. Eli Lilly & Co. (1988) 44 ...

Excerpt: ...t Centers, I nc. For its part, Banning RV claims that Horgan had misappropriated funds. In the cross- complaint, Horgan alleges that, in the wake of lay -offs during the COVID -19 pandemic, he was given monthly bonuses as compensation for the additional work he was being required to do. In his crosscomplaint Horgan alleges causes of action for intentional misrepresentation, negligent misrepresentation, breach of contract, unjust enrichment, and p...

Excerpt: ...ime to defend the action and a default or default judgment has been entered against him or her in the action...” (C.C.P. § 473.5(a).) “This section is designed to provide relief where there has been proper service of summons (e.g., by substitute service or by publication) but defendant nevertheless did not find out about the action in time to defend.” (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) ¶ 5:420, p. 5 -1222...

Excerpt: ... objections are without merit or too general. In a motion to compel further responses as to document requests, the moving party must state specific facts demonstrating good cause justifying the discovery sought. (CCP §2031.310(b)(1).) To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause...

Excerpt: ...s (l992) 4 Cal.App. 4th 238, 244.) “Allowable costs shall be reasonable in amount.” (CCP §1033.5(c)(3).) The court may allow or deny costs not mentioned in CCP § 1033.5. (CCP §1033.5(c)(4).) A “properly verified memorandum of costs is considered prima facie evidence that the costs listed in the memorandum were necessarily incurred.” (Bach v. Cnty. of Butte (1989) 215 Cal.App.3d 294, 308; see CRC Rule 3.1700(a)(1) [“The memorandum of...

Excerpt: ...oice”), and Anschutz Entertainment Group, Inc. (“AEG”) for: (1) negligence (against all Defendants); (2) strict liability (against Palma only), and (3) premises liability (against Goldenvoice and AEG). Plaintiff alleges that on April 23, 2022, while attending the Coachella Va l ley Music and Arts Festival (“Coachella”), located at 81 -800 Avenue 51, Indio, California (the “Premises”), Plaintiff was bit by a dog brought onto the Prem...

Excerpt: ...y various judgment debtors in this case as means to avoid judgment creditors from reaching those assets to satisfy a prior judgment entered in favor of creditors in a separate lawsuit. On 4/14/23, this Court entered a judgment in favor of Plaintiffs to set aside the fraudulent transfers of real properties and awarding monetary awards in various amounts, jointly and severally, against the judgment debtors. The instant application seeks an order au...

Excerpt: ...��), suffers from Brake Defects ("Defects"), and that GM has been unable to repair the Subject Vehicle within a reasonable number of attempts. Plaintiffs further allege that GM knew that the Subject Vehicle suffered from these Defects and knew that it lacked any ability to repair them y et failed to disclose these facts to Plaintiffs at the time of sale, repair, or thereafter. GM thus willfully violated the Song -Beverly Consumer Warranty...

Excerpt: ...��led must file a cross-complaint before or at the same time as the answer to the complaint or cross -complaint filed against him. (Code Civ. Proc., §428.50(a).) Thereafter, it may only be done by permission of the court. (Code Civ Proc., §428.50(c).) A cross- complaint is either permissive or compulsory. (See K.R.L. Partnership v. Superior Court (2004) 120 Cal.App.4th 490, 498.) Code of Civil Procedure section 428.10, subdivision (a) provide...

Excerpt: ...xt. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. ...

Excerpt: ... -425.) The County a ssessed the property value as $35,099,925, but Plaintiffs asserted that the value declined to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46 -187.) On 12/20/21, the Board issued its notice o f d eci si o n . ( AR 16) . O n 2/17/22, the Board issued a final findings of fact. (AR 1 -15.) Pl a i n t i ffs' exp er t , Ben F. Tunnell, III of BTI Appraisal, used both a cost approach and sale...

Excerpt: ...“IIED”); 6th Caus e of Action for Violation of the Ralph Act [California Civil Code §51.7]; and 7th Cause of Action for Gender Violence in Violation of California Civil Code § 52.4 “[A]n employer is vicariously liable for the torts of its employees committed within the sco pe of the employment.” (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296 (Lisa M.).) An employer's vicarious liability may extend to an empl...

Excerpt: ...Amended Comp laint (FAC) for negligence that after Riverside County sheriff deputies arrived at the scene of a murder, they dragged decedent's body behind a police vehicle, and in the process of dragging the body, decedent's pants slid down, exposing his genitals. Plai ntiff alleges that decedent's body lay with the genitals exposed for eight hours while the deputies and other law enforcement personnel continued to investigate the shooting. Plain...

Excerpt: ...ll 4/19/24 discovery motions: Plaintiffs purchased a 2022 GMC Sierra 1500 Limited, manufactured by General Motors, LLC (“GM”). They contend the vehicle has defects and nonconformities. They contend that they brought the vehicle to Dutton Motor Company (“Dutton”) nu merous times and it failed to properly repair the vehicle, failed to tow the vehicle to its facility, and failed to provide Plaintiffs with a loaner vehicle. The complaint asse...

Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) filed a Complaint against ...

Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...

Excerpt: ...Factual and proc edural background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Direc tors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that...

Excerpt: ...lly (collectivel y, “Plaintiffs”), filed their operative Third Amended Complaint (“TAC”) against Defendants American Logistics Company, LLC (“ALC”); AmLogCo, LLC (“AmLogCo”); and Star Patient Transport, LLC (“Star Patient Transport”) (collectively, “Defendants”), alleging (1) Elder Abuse and Neglect ( Welf. & Inst. Code § 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4)...

Excerpt: ...ant”). He co ntends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ex press written warranty, and (5) breach of implied warranty of merchantability. Plaintiff brings the instant motions. He brought a prior motion to compel the Person Most Quali�...

Excerpt: ...most qualified t o testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “t he witness or someone in authority is expected to make an inquiry of everyone who might be holding Page 3 of 5 responsive documents or everyone who knows where such documen...

Excerpt: ...nder the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be ...

Excerpt: ..., and Eisenhower Medical Group (“ EMC”) (together “Defendants”) for: (1) negligence (against Invacare and Compass); strict liability – failure to warn (against Invacare and Compass); (3) strict liability – manufacturing defect (against Invacare and Compass); (4) strict liability – design d efect (against Invacare and Compass); (5) breach of the implied warranty of merchantability (against Invacare and Compass); (6) negligence (again...

Excerpt: ...of Undisputed Materia l Fact [“FSS”] ¶ 1.) On October 1, 2012, Fracasse, through his attorneys, recorded an abstract of judgment in the Office of the County Recorder of Riverside County. (Id. at ¶ 2.) That abstract of judgment acted to create a judgment lien on Redmond's real p roperty located at 41750 Avenida Ortega, Temecula, California 92592 (the “Property”). (Id. at ¶ 3.) On or about May 5, 2020, the County of Riverside (the “Cou...

Excerpt: ...Commerci al Capital Loan Trust 2021-3. The deed of trust secures a $937,500 Note that carried a 7.99% interest rate. (Lawrence declaration, Exhibit “6”.) It should be noted in Plaintiff's Complaint that the alleged interest rate was 9.6%. While in his complaint P laintiff alleges that the property is his personal residence, supporting documents executed simultaneously with the deed of trust show that the property was intended to be operated a...

Excerpt: ... staying with a large group at a vacation rental property owned and operated by Defendants Avantstay, Inc., Avantstay Real Estate, Inc., Avantstay California, Inc., Avantstay Brokerage and Sean Breuner (collectively “Avantstay” or “Defendants”). Plaintiff alleges that she was using the hot tub in the early hours of the morning. Plaintiff went to an unlit enclosure containing maintenance equipment, which was unlocked where she fell into a ...

Excerpt: ...operating ag reement that gave Defendant a 100% ownership stake in the dealership despite assurances that it would not change the 50/50 ownership agreement. (TAC ¶ 14 - 16.) Plaintiff further alleges that Defendant knew he suffered from dyslexia and he could deceive him by hiding language deep in the agreement (TAC ¶ 16.) Plaintiff alleges that by the time he realized the deception, it was already too late as Defendant had taken title to all of...