Excerpt: ...endant"). She contends the vehicle has serious defects and nonconformities. The complaint contains the following causes of action: (1) violation of Civil Code S 1793.2(d); (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 the implied warranty of merchantability. Plaintiff brings these motions seeking to compel further responses to form interrogatories nos...

Excerpt: ...'S EVIDENTIARY OBJECTIONS: As to objection #'s 2, 3, 4, 7, and 11, they are sustained. As to the rest, the objections asserted were not determinative to the analysis and outcome of this motion, and they are therefore overruled. (See Reid v. Gingle, Inc. (2010) Cal.4th 512, 532 ["motion for summary judgment" l.) The burden is on plaintiff to show all elements necessary to support issuance of a preliminary injunction. (See O'Connell v. Superior Cou...

Excerpt: ... are to be filed with the court and served on opposing party within fifteen dates. Hearing on this matter is continued to 11/17/23 8:30 a.m. for the sole purpose of confirming the reasonableness of the amount of attorney fees. Factual and procedural background: This action arises out of a business deal between Plaintiffs JTLH Enterprises, LLC ("JTLH"); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, "Plaintiffs") and numerous Defend...

Excerpt: ...nt contains conclusory allegations that Defendants acted intentionally, deliberately, recklessly or simply failed to act (951-52), but these conclusory allegations are not sufficient as no facts of intentional conduct are pled. For this reason, the demurrer is sustained as to the First Cause of Acton. The Fifth Cause of Action makes the same allegations as the negligence claim, to which no demurrer is brought. The nuisance claim is based on the g...

Excerpt: ...rer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[T]he 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...

Excerpt: ...ction of emotional distress, (2) retaliation in violation of FEHA, (3) violation of California Labor Code S 1102.5, (4) harassment in violation Page 7 of 10 of Government Code S 12940, (5) failure to prevent discrimination and harassment, (6) failure to engage in interactive process, (7) failure to accommodate, and (8) discrimination. Defendant demurs to the first, second, third, fourth, fifth, sixth, seventh, and eighth causes of acton on the gr...

Excerpt: ...the work from October through December 2022 and issued invoices in the total amount of $133,655.54 which Defendants failed to pay. Plaintiff filed the Complaint on 2/27/23, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value /work, labor and services; and 6) foreclosure of mechanic's lien. Plaintiff filed the instant application for right to attach order...

Excerpt: ...to sever the claims against Mr. Capriotti from the claims against Mrs. Capriotti, so that a default judgment may be entered against Mr. Capriotti. Bifurcation under CCP S 1048 is not appropriate because Plaintiffs do not seek to bifurcate causes of action or issues such as liability and damages. What Plaintiffs seek is a separate judgment of default against Mr. Capriotti. (See Motion, p. 4 (bifurcation is needed to prevent "a possible future atta...

Excerpt: ... the costs of notice; and (5) if cost shifting or sharing is proposed, an estmate of the cost involved in giving notice. (Cal. Rules of Court, rule 3.766(b).) Plaintiff asserts that the motion now includes the statement required by subdivision (b), but the motion in fact does not comply with this subdivision. Instead of addressing each item, Plaintiff merely states in the motion that "The parties have agreed that notice should be mailed to class ...

Excerpt: ...ll continue the CMC to 1/25/24 at 8:30am. All parties are ordered to file updated CMC statements prior to that date. Factual / Proc:edural Context: On October 26, 2020, Plaintiff VIP Style LLC entered into a written agreement with Defendant Abdallah Abu-Samrah under which Plaintiff agreed to provide construction related labor and materials for the home improvement project located at 7088 Gaskin Place, Riverside. A copy of the agreement is attache...

Excerpt: ...t General Motors, LLC ("GM" or "Defendant") regarding a 2017 Cadillac XT5 which was manufactured and distributed by GM. Plaintiffs allege they purchased the vehicle at Boulevard Cadillac, a GM authorized dealer. (First Amended Complaint ("FAC"), '1 6.) Plaintiffs allege that the vehicle came with material defects and nonconformities to warranw, including transmission defects, infotainment defects, engine defects, and electrical defects, that GM's...

Excerpt: ...atter is embraced in or affected by the appealed judgment or order within the meaning of Code of Civil Procedure secton 916, subdivision (a) only trial court proceedings on the matter would affect the effectiveness of the appeal." (Henry M. Lee Law Corp. v. Superior Court (2012) 204 Cal.App.4th 1375, 1383.) As a general rule, an award of attorney's fees is a collateral matter. (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369.) As such, there is no ...

Excerpt: ... stated "No documents will be produced." (see Plaintiff's Separate Statement [PSS].) There is no dispute that, based on good cause, the Court initially ordered GM to provide further responses and responsive documents (including ESI) to RPD Nos. 15, and 19-21 as well as maintaining and providing a privilege log to the extent GM is withholding documents. (8/8/22 Minute Order.) The Court also found that GM's objections were not well founded. (Ibid.)...

Excerpt: ...nlike a privilege, the protection is qualified and disclosure may occur to serve a "compelling state interest." (Britt v. Superior Court (1978) 20 Cal. 3d 844, 855-855 [applying a balancing test to determine if the need for discovery outweighs the privacy rights of third partiesl.) under Britt, the court conducts a balancing of the competing interests. "On occasion [a party s] privacy interests may have to give way to [thel opponent's right to a ...

Excerpt: ...ntract and repair orders. As such, they are not unreasonable and the Motion to Tax is denied as to these costs. For expert witness fees, under CC 51794(d), the Legislature intended the phrase "costs and expenses" to cover items not included in the detailed statutory definition of "costs" set forth in CCP S 1033.5.(See Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 42. And Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 11...

Excerpt: ...that, in she and Defendant Brandon Weimer, who were then high school friends, began a joint venture to sell toffee as a fundraiser, which they later turned into an actual business, which became Brandini Enterprises, Inc. (Second Amended Complaint ["SAC" l, 10.) It is further alleged by Plaintiff that, as the two friends were still minors at that time, they got their parents involved in the business, and all of them entered an oral partnership agr...

Excerpt: ... Nicodemus ("Nicodemus"), alleging claims for: 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and constructve trust. Plaintiff was an elder as defined by the Welfare and Institutions Code when Defendants committed the abuse. Defendants Kenagy and Nicodemus jointly move to stay and/or abate the action pend-ng final resolution of the achon entitled Judith Nicodemus vs. Stephen Nicodemus and Shawn N...

Excerpt: ..., and after his delivery was below the standard of care and constituted professional negligence, which caused multiple personal injuries. Plaintiff filed his Complaint on 7/11/23 alleging two causes of action: 1) professional negligence/medical malpractice; and, 2) negligent hiring/supervision/retenton. *** Counsel for Defendant, Desert Regional Medical Center (DRMC), Haig Arabian, filed a meet and confer declaration in compliance with CCP S 430....

Excerpt: ...iring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. Factual / Procedural Context: This is an action against a public entity, the State of California (by and through the California Highway Patrol ["CHP"I), and its employee, Officer Kraig Nagle, for negligence. The individual claims of the surviving spouse and children of the decedent, Gilberto Avila Adame, are being asserted in the form of a wrongful death actio...

Excerpt: ...nd Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of action for professional negligence. The Court sustained a dem...

Excerpt: ...room door shut on him. Isenia Salcedo and Hernan Cortez, Ivan's parents, also observed Ivan's suffering after the accident. Plaintiffs allege the following six causes of action: (1) Dangerous Condition on Public Property; (2) Vicarious Liability of Public Employee; (3) Public Entity Liability for Failure to Perform Mandatory Duties; (4) Negligent Hiring, Supervision, Training and Retention; (5) Vicarious Liability of Public Employee; and (6) Inte...

Excerpt: ... a friend at Defendant's premises. (FAC, 12.) On April 15, 2019 Plaintiff discovered that there was a bedbug infestation in her room and took photos of the bedbugs to inform the hotel management. (FAC, '1 13.) After Plaintiff the incident, a hotel security guard assisted Plaintiff inspect her and confirmed that bedbugs were nesting in the room. (FAC, '1 14.) Later that day, Plaintiff realized that she and her friend had been bitten by bed bugs. (...

Excerpt: ...tive Complaint alleging violations of the Consumers Legal Remedies Act (CLRA), intentional misrepresentation, concealment, negligent misrepresentation, breach of implied warranty of merchantability, violation of the Federal Odometer Act, and violation of Business and Professions Code 517200. The RISC contains an arbitration provision that provides, in pertinent part: Any claim or dispute, whether in contract, tort, statute or otherwise (including...

Excerpt: ...nd-ng an instrument signs it, he may not, in the absence of fraud, coercion or excusable neglect, avoid its terms on the ground he failed to read it before signing it." (Bolanos v. Khalat-ian (1991) 231 Cal.App.3d 1586, 1590.) However, it is also not clear that it was an arbitration agreement — the headline is "Employee Acknowledgment and Agreement." The arbitration agreement is not bolded or otherwise separated to identify that it is an arbitr...

Excerpt: ... motor vehicle. (Complaint at '1 27.) Plaintiff further alleges Defendant Jimenez Monterosa knew he was intoxicated and impaired such that he could not safely drive without putting others at a great and foreseeable risk of severe harm, and despite knowing this, he callously disregarded the safety of others and drove his vehicle at an excessive rate of speed, failing to slow or stop for red lights, while using his cell phone. (Complaint at 27-28.)...

Excerpt: ...d in the first place, but it is not clear why such a motion would cost $451.85 to file. The memo of costs indicates this amount included a "first appearance and filing fee," but the Answer to the Complaint would have been the first appearance fee of $450, which is the firstfee listed on the memo of costs. Plaintiffs have thus met their burden to show this cost is unreasonable and is taxed. The court taxes $2,ff9.48 of the deposition costs for the...

Excerpt: ...) allege that they, along with defendant Loring Winn Williams ("Winn") are owners of real property located at 5141 Arlington Avenue in Riverside. Plaintiffs allege the parties are siblings and each own 1/3 interest in the property as tenants in common, and that the value of the property is approximately $530,CM. Plaintiffs allege the property is currently being used as rental-income property but that they can no longer agree on how the property s...

Excerpt: ...rts have inherent power to 'take appropriate action to secure compliance with... orders, to punish contempt, and to control its proceedings" (Vidrio v. Hernandez (2W9) 172 Cal.App.4th 1443, 1445.) Code of Civil Procedure section 1211 provides that, "When the contempt is not committed in the immediate view and presence of the court an affdavit shall be presented to the court or judge of the facts constituting the contempt...." (Code Civ. Proc., S1...

Excerpt: ...retaliation in violation of Labor Code "98.6, 95(k), 4) retaliation in violation of Labor Code SS230(b), 230(g)(1), 5) failure to prevent discrimination harassment and retaliation I violation of Gov. Code 512940(k), and 6) wrongful termination in violation of Gov. Code #12940, et seq. Defendant CXR previously demurred to all of these same causes of action which were contained in Plaintiff's First Amended Complaint. Leave to amend was granted rega...

Excerpt: ...he defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and its deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject pro#rties be quieted in Cardenas as of July 24, 2018, free of all liens asserted by Plaint...

Excerpt: ...n Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson, 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 (the "firm") to pursue damages resul...

Excerpt: ...hen shifts to Defendant "to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto." Here, Plaintiff has failed to present any evidence on the constructive trust, fraud and conversion causes of action. Hence, the Motion for Summary Judgment fails as a matter of law. As to Summary Adjudication of the remaining causes of action, the court finds that there are triable issues of material fact an...

Excerpt: ...is "On receipt of a response to a demand for inspection .„, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general." (CCP 52031.310(a).) CCP provide...

Excerpt: ...ston (special interrogatories), 12, 13; Declaration of Sean Kingston (RFPs), 14-17.) Axia failed to file a Reply in support of the motions. It appears, based on Axia's IDC brief, that Axia is in the midst of reviewing the responses and documents. If there are any issues with the supplemental responses, Axia can file a new motion. Courts impose monetary sanctions against any party who unsuccessfully makes or opposes a motion to compel further resp...

Excerpt: ...ce for the summons and complaint shows that moving parties, Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, were served on June 29, 2023. Defendants now move this court to quash depsiton notices pursuant to California Code of Civil Procedure section 2025.410, subd. (c), and for a protective order pursuant to California Code of Civil Procedure section 2025.420, subds. (a) and (b), and for monetary sanction against plaintiff Jeff Joh...

Excerpt: ...reas, called "fingers," that extend into the residential community and create greenbelts between the homes. Homeowners located adjacent to the golf course and/or its fingers generally have paid more for their homes. The Golf Course is currently owned and operated by plaintiffs/Cross-Defendants Majestic Asset Management, LLC and Wintech Development, Inc. and Cross-Defendants Jen Huang and Hai Huang (collectively, "Majestic"). The Golf Course has t...

Excerpt: ...manufactured by Defendant Ford Motor Company (FMC). (Complaint '1 9.) Plaintiff alleges that the subject vehicle was delivered with serious engine and transmission defects that Defendant was aware of and failed to disclose. (Complaint "14, 25- 36.) Plaintiffs provided his vehicle to Defendant FMC's representatives and Gosch Ford Temecula but they were unable to repair the vehicle. (Complaint 85- 89.) Plaintiff filed the Complaint asserting causes...

Excerpt: ...rous condition of public property on the grounds it fails to state a cause of action under Gov. Cade 5835. Defendant asserts that the Complaint fails to state facts sufficient to show that the accident was caused by a dangerous condition of public property. Further, Defendant assert that under similar facts the court in Plattner v. City of Riverside (1999) 69 Cal. App. 4th 1441, expressly held a city has no duty to maintain a streetlamp at a cros...

Excerpt: ...pp.5th 209 shortly. It is fully briefed. To sustain the demurrer right now (as it is not clear how Plaintiff can amend since this is a legal issue) would effectively kill these causes of achon before allowing Rodriguez to be determined. If the Supreme Court affirms Rodriguez, the court can then grant a motion for judgment on the pleadings. If the Supreme Court reverses Rodriguez, then the case can contnue forward and the parties will not lose tim...

Excerpt: ...very vehicle, collided into multiple individuals stopped at a scene of another prior collision, including the responding Community Service Officer and a volunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. Relative to this Motion, Plaintiff Lara suffered orthopedic injuries, including, but not limited to, a left #lvic fracture, broken right pelvis, broken left cl...

Excerpt: ...(C.C.P., S 437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a moton for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. (C.C.P., S 437c(f)(1).) Although summary judgment/adjudicaton is no longer considered a "disfavored" procedure, the rule continues that the moving party's...

Excerpt: ...jury trial in their complaint. A CMC was held on September 27, 2022, but Plaintiffs did not post jury fees at this time. An initial Trial Setting Conference ("TSC") was held on March 9, 2023, and a second TSC was held on July 25, 2023. At the July 2023 TSC, Plaintiffs' counsel allegedly first became aware that Plaintiffs had not posted jury fees. The court set a bench trial for February 23, 2024. The present Motion follows. Plaintiffs contend the...

Excerpt: ... Plaintiff alleges her knee implants were not properly sterilized, which led to her infections. Defendant asserts there are two acceptable methods for sterilization: Hydrogen Peroxide (VHP) and Ethlyene Oxide (EO). (IJMF 13.) The method that utilizes VHP is completed in-house at Conformis, while the method that utilizes EO is completed off-site by Steris. (UMF 16.) Steris is a thirdparty that provides contract sterilization, laboratory testing, a...

Excerpt: ...filed 9/8/22, asserts: (1) SongBeverly (express warranty); (2) Song-Beverly (implied warranty); and (3) Civil Code 51793.2. Trial is set for 3/15/24. Plaintiff moves to compel further responses to RFPs, contending Defendant served improper objections and its requests are relevant. Plaintiff requests sanctions of $4,020 against Defendant and its counsel. Defendant opposes. Analysis: A party may file a motion compelling further answers to requests ...

Excerpt: ...The subpoenas are overbroad. Defendants are asking for anything and everything related to Plaintiff's time spent with third party Pomona Valley Hospital Medical Center. The temporal scope of the records subpoena is not limited to matters specifically relevant to this acton. Defendants have not established a specific compelling need to obtain disclosure of Plaintiff's private, unrelated and irrelevant employment records. Particularized evidence re...

Excerpt: ...rs disposing of cases on the merits. He further requests that the writ of execution entered on 7/19/23 be recalled and/or quashed. In Opposition, Plaintiff contends any relief sought pursuant to CCP S 473(b) is untimely and Defendant was properly served. There was no Reply as of this memo. Analysis CCP S 473(d) provides that a Court may set aside a judgment or order that is void as a matter of law. An order or judgment may be void as a matter of ...

Excerpt: ...he mother of decedent, Shiloh Shah ("decedent"). Plaintiff alleges decedent was an indigent man of El Salvadorian decent who suffered from drug addiction. She alleges on April 3, 2021, a 911 call was placed for decedent who was prone on a public sidewalk and recent drug use. At approximately 6:58pm, the fire department and ambulance were dispatched, and decedent was examined and found to be suffering from an overdose. Decedent was transported to ...

Excerpt: ... provide notice pursuant to CCP 1019.5. Plaintiffs Cindy Balch, Lavonne Perez and Egle Balsiene (collectively, "Plaintiffs") filed the complaint in this achon on April 13, 2023 and the operative first amended complaint ("FAC") on August 17, 2023 against defendant Eisenhower Medical Center ("EMC"). The Complaint sets forth six causes of action: (1) Religious Creed Discrimination — Failure to Accommodate (FEHA); (2) Medical Condition Discriminati...

Excerpt: ...er abuse in the First Amended Complaint. Defendants allege that this cause of action is insufficiently pleaded and not pleaded with particularity. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[T]he complaint need only allege facts suffic:ient to state a cause of action, each evidentiary fact that might eventually form...

Excerpt: ...ndant was aware of and failed to disclose. (FAC "1 6-12, 23-59.) Plaintiffs provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle.(FAC '1 13-14.) Plaintiff filed the Complaint and now FAC on 1/11/23 asserting causes of action for violations of Song-Beverly Act, breach of express and implied warranties and fraudulent inducement-concealment. Defendant demurs to the fraudulent inducement cause of action...

Excerpt: ...sideration of the settlement. Settlement and release is an affirmative defense to Ayoub's claims. (Ladd v. Warner Bros. Entertainment, Inc. (2010) 184 Cal.App.4th 1298, 1310.) It is unclear how the alleged breach of the settlement release gives rise to a cause of action. The settlement involved multiple parties who all signed the release. There is no causal link between Ayouws breach of the release and the alleged damages (e.g., payment to third-...

Excerpt: ...se of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part ofthe 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 o...

Excerpt: ...r property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they intended to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/county. The engineer installed new monuments on the Trust's property; the Trust relied on the old monuments to ...

Excerpt: ...et Silverado (the "Vehicle"), which was manufactured/distributed by GM. Plaintiff alleges that the Vehicle was delivered with significant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth causes of action for breach of express and implied warranties under the Song-Beverly Act, as well as a cause of achon for fraudulent concealment. * * * On June 26, 202...

Excerpt: ... The subpoenas are overbroad. Defendants are asking for anything and everything related to Plaintiff's time spent with third party Molina Healthcare of California. The temporal scope of the records is not limited to matters specifically relevant to this acton. Defendants have not established a specific compelling need to obtain disclosure of Plaintiff's private, unrelated and irrelevant employment records. Particularized evidence related to Plain...

Excerpt: ...CHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS SPECIAL INTERROGATORIES, SET ONE BY SUPER CENTER CONCEPTS, INC. CVR12200744 SANCHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS FORM I...

Excerpt: ...xceed the time and mileage limitations of the other warranties. (99.) Plaintiffs allege the vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, the suspension, steering, and electrical system. (910.) Plaintiff filed the operative Complaint on 3/2/23 alleging violations of the Song-Beverly Act: (1) breach of express warranty; (...

Excerpt: ...its entirely with leave to amend. 1st Cause of Acton for Slander: Under Civil Code S 46, slander is "a false and unprivileged publication, orally uttered .. .." False statements charging the commission of a crime or tending to injure a plaintiff in respect to his profession by imputing dishonesty or questionable professional conduct are defamatory per se. (Burrill v. Nair (2013) 217 Cal.App.4th 357, 382.) In this case, Plaintiff alleges that "Def...

Excerpt: ... Residential Lease Agreement ("Lease") and simultaneously an Option to Purchase Addendum to Residential Lease Agreement ("Option") with defendant homeowners Marilyn Will ("Will") and Frank Tysen ("Tysen") relating to property located at 1155 South La Verne Way in Palm Springs. Pursuant to the Option, Van Wyk had the option to purchase the subject property for $275,000 any time from December 2020 to 12/31/21. On 12/28/21, Van Wyk issued a notice t...

Excerpt: ... School District Bond Measure Election 8, 2016. 2. January 12, 2017, Staff Report to RUSD School Board, Part of Meeting Agenda Packet. 3. June 7, 2017, Citizens' Oversight Committee Report. 4. Minutes of the June 29, 2017, RUSD School Board Meeting. 5. September 18, 2017, Staff Report to RUSD School Board, Part of Meeting Agenda Packet. Defendant argues each is an official records of a public entity, RUSD, as such judicial notice is proper. (Evid...

Excerpt: ... relevant employment records. Defendant also requests sanctions of $2,560. Plaintiff states that she has not claimed or asserted at any time that she claims damages related to treatment provided her for medical, psychological, or psychiatric care by any healthcare provider. In her declaration filed simultaneously herewith she states she will not offer evidence of her seeking or obta-ning any medical, psychological, psychiatric, or other treatment...

Excerpt: ...laintiff alleges that she suffered severe complications following a molar extracton performed by Jae Woo Chung, D.M.D. ("Dr. Chung") and under the pre/post-operative care of Angelica Nieto, D. D.S. ("Dr. Nieto" or "Defendant") Plaintiff filed the Complaint, in pro against Dr. Nieto and Dr. Chung on 2/21/23, alleging a single cause of action for medical negligence. On 4/28/23, Plaintiff served Defendant Dr. Nieto with requests for production, set ...

Excerpt: ...munity, which is overseen by Defendant Toscana Homeowners' Association ("HOA") and Defendant William Overton ("Overton") is the executive director of the HOA. (FAC, 11-13.) Plaintiff alleges that he had a verbal altercation with Overton in September 2019 in which Overton falsely accused him of bullying older females. In October/November 2020, Plaintiff entered into an oral contract for third party Michael Horton ("Horton") to provide landscaping ...

Excerpt: .... Motions to strike can be used to attack the entire pleading, or any part thereof. CCP S 435(b). As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. CCP S 437(a). "[T]he court treats as true the material Page 6 of 10 facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." Washi...

Excerpt: ...ired by statute. The hearing on the demurrer is continued to 11/21/2023 8:30AM. Defendants are ordered to meet and confer with Plaintiffs by phone or in person for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, Defendants shall identify all of the specific causes of action that they believe are subject to demurrer and identify with le...

Excerpt: ...her Relief. As to Defendant Dashonda Hopper ("Hopper"), the proof of service, filed April 6, 2023, indicates that the People served Hopper on April 5, 2023 by personal service at 31948 Poppy Way, Lake Elsinore. On June 6, 2023, the court clerk entered Hopper's default. As to Defendant Donae Lee ("Lee"), the proof of service, filed May 4, 2023, indicates that the People served Lee on April 5, 2023 by personal service at 31948 Poppy Way, Lake Elsin...

Excerpt: ...ower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of action: (1) violation of FEHA - religious creed discrimination and failure to accommodate, (2) violation of FEHA - medical condition discrimination and failure to accommodate, (3) violation of FEHA- reta...

Excerpt: ...pment Co. LLC ("Skyline"), alleging (1) breach of governing documents and (2) breach of fiduciary duty. On 6/12/2019, after the Court sustained Defendant Skyline's demurrer, Plaintiffs filed their First Amended Member Derivative Complaint ("FAC") against Defendants Skyline, Jennifer Roberts ("Roberts"), and David Gilbert ("Gilbert") (collectively, "Defendants"), alleging (1) breach of governing and violation of the Davis-Stirling Act (l); (2) bre...

Excerpt: ... of action under the Song Beverly Act (SBA): 1) violation of Civ. Code S 1793.2(d); 2) violation of Civ. Cade S 1793.2(b); 3) violation of Civ. Code S 4) violation of Civ. Code SS 1791.2(a), 1794; and 5) breach of the implied warranty of merchantability. Plaintiff asserts that after nearly a year and a half of litigation, the parties agreed to settle the matter. GM agreed to repurchase Plaintiff's vehicle, and pay him a civil penalty for not doin...

Excerpt: ... of the accident. At that event they served alcohol to Defendant Arnold Vivas. Arnold is Ronald's younger brother. When Arnold drove away from the event, he was intoxicated. While driving he struck the Heynens' car, which Joanna Heynen was driving. Joanna was pregnant at the time. The Heynens' car was totaled. The operative complaint alleges three causes of action, only two of which are as against demurring defendants, Ronald Vivas and Civet Gonz...

Excerpt: ...r repair. (ld. at 12.) On 4/14/2022, CarMax informed Nix that they are unable to fix the vehicle and would sent it to Defendant Walter's Auto Sales and Service, Inc. ("Walter's"). (ld. at '1 13.) CarMax and Walter's allegedly retained possession of the vehicle from 4/14/2022 to 4/27/2022. (ld. at 14.) On 4/27/2022, Plaintiff picked up the vehicle and assumed it was fixed. (ld.) On 5/8/2022, Nix and her two minor children, Burton (collectively, "P...

Excerpt: ... parties were to pay to the attorney-client trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Wynne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285mo) within 60 days of the executon of the Binding Term Sheet. (Complaint...

Excerpt: ...filed forthwith, but one has not yet been filed. This is a PAGA acton. Plaintiff Cynthia Miller alleges she was employed by defendant Barry's Security Services, Inc. from May 2021 to June 2021 as a non-exempt employee. During her employment, Defendant allegedly failed to pay overtime, failed to provide meal and rest periods, failed to pay minimum wages, failed to pay timely wages during employment and upon termination, failed to provide accurate ...

Excerpt: ...other, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Pro#rty") and continued contributing to the mortgage every Page 5 of 7 month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp., 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Ex...

Excerpt: ...motion to strike. As part of the meet and confer process, Defendant shall identify all of the specific causes of action that believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for his position that the pleading is legally sufficient or, in the alternative, how the Complaint could be amended to cure any legal insufficiency. After meeting and conferring, Defendant sh...

Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer." (C.C.P. 51094.5(a).) An agency's decision can be only challenged on the grounds that: (1) the agency without or in excess of its jurisdiction; (2) the agency' did not conducta fair trial; (3) the agency did not proceed in the manner required by aw; (4) the decision is not supported...

Excerpt: ...c filing when a party is represented by counsel in a civil matter. Defendants are thus entitled to their electronic filing fees. Moreover, the 2/3/23 trial date was vacated on 9/7/22, and Defendants are entitled to the filing fees on the two disputed discovery motions. Motion is DENIED as to the request to tax filing and motion fees. Motion to tax is DENIED as to costs. Defendants are entitled to said costs under CCP S and Plaintiff fails to esta...

Excerpt: ...warden summit Homeowners Association ("HOA"). The Bodewins allege the subject property is landlocked, with the north, east and southern boundaries shared with homes owned by HOA members. To the west, the property is bordered by Bodewin Court, a private street owned by the HOA, and which the Bodewins contend is the only point of access to the subject property. The City had previously used the property as a water reservoir and held limited easement...

Excerpt: .... (Complaint, 40.) "The only remedy afforded by section 2923.5, is however, a one-time postponement of the foreclosure sale before it happens." Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 77. he property at issue has already been foreclosed on. (ld. at 26 and 28.) As such, this cause of acton falls. 2COA: Selene and U.S. Bank contend there is no private right of action under Civil Ctxle S See Lucioni v. Bank of America, N.A....

Excerpt: ...dural background: On 1/30/2023, the Molinas filed their First Amended Cross-complaint ("FACC") against the Cross-Defendants, alleging the same ten causes of action. CrossDefendants subsequently filed a demurrer to the FACC, which the Court sustained again with leave to amend. On 5/31/2023, the Molinas filed their Second Amended Cross-complaint ("SACC") against the Cross Defendants, alleging the same ten causes of action. State Farm demurrers to t...

Excerpt: ...t, and made a timely demand for UIM benefits, and arbitration under his auto Defendant, Interinsurance Exchange of the Automobile Club (Exchange) has failed and refused to engage in contractual binding arbitration. Plaintiff filed his Complaint on 7/7/23 alleging four causes of action: 1) an order to compel UIM binding arbitration; 2) an order appointing an arbitrator; 3) an order that arbitration be completed by a date certain; and, 4) an order ...

Excerpt: ... first cause of achon is for administrative mandate and for a stay of enforcement. CrossDefendants no longer own the property that is the subject of this action, and have no basis to seek writ relief or a stay of any actions as against the property. This property is also now the subject of a receivership, and the receiver has tasked with remediating the hazardous conditions on the property to bring it into compliance with all local and state heal...

Excerpt: ...45.) A week later, Myers develo#d a low-grade fever and some wheezing and coughing. (946.) Myers went to Eisenhower Health on February 19, 2021. (947.) Myers' physicians administered a COVID-19 "protocol" over the next four days which included use of the drugs Remdesivir, Dexamethasone, and Tocilizumab. (950.) Plaintiff alleges these drugs carried substantial risks and were not necessary or appropriate to treat Covid-19. (11923-39.) Plaintiff all...

Excerpt: ...ence of the contract, (2) plaintiff's performance or excuse for non#rformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402.) The CC&R forms a contract between the association and the homeowner. (Franklin v. Marie Antoinette Condominium Owners Assn. (1993) 19 Cal.App.4th 824, 828.) "The rights and responsibilities of contracting parties are deter...

Excerpt: ... Plaintiff opposes. Legal authorities and analysis: CCP S 1048(b) provides as follows: " „ in furtherance of convenience or to awid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...

Excerpt: ... meet and confer by telephone or in person, regardless of the prospects of an informal resolution. Nor is there any authority that would allow defense counsel to shift the onus of initiating a telephone conference by simply sending email correspondence. To support a demand for punt-ive damages under Civ. Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in (Civ. Code 53294(c).) As defined in t...

Excerpt: ...red by experts designated by State Farm in its initial expert disclosure, and Plaintiff has not previously listed any expert on these subjects. "After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other's expert trial witnesses to exchange by all parties of a list containing the name and address of any natural person, including...

Excerpt: ...uled in favor of Plaintiffs and against the defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject properties be quieted in Cardenas as of July 24, 2018...

Excerpt: ...proper medical treatment, as Dr. Largoza denied requests for medical service. Dr. Kuersten denied his requests for medical tests, blood work and CT scans. The SAC complaint, filed 3/21/22, asserts: (1) general negligence (against Mariana Lotersztain); (2) general negligence (against Nonato Largoza); (3) general negligence (against Martin Kuersten); (6) general negligence (against Wade Faerber); (8) general negligence (Chancellor Daniel, P&S, Cali...

Excerpt: ...yesaha Kimble and William Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity ("APA") and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regents") was aware of APA's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("E-Nunu"), was himself an APA member and helped recruit members, including Tyler,...

Excerpt: ...eral Motors, LLC ("GM"). On February 19, 2023, Plaintiff crashed the subject vehicle into a parked car causing the airbags to deploy. Plaintiff alleges that the airbags were negligently designed or manufactured such that Plaintiff suffered horrible fourth degree burns on her legs as well as other injuries. On June 20, 2023, Plaintiff filed her Complaint. She asserts eight causes of action for: (1) Strict Liability—Manufacturing Defect; (2) Stri...

Excerpt: ...F MADISON BALESTRACCI BY Joseph E. Glaser, M.D. Tentative Ruling: The Court grants all three unopposed motions for summary judgment. Defendants are ordered to submit proposed orders/judgments within 10 court days. FACTUAL/PROCEDURAL CONTEXT Plaintiff Madison Balestracci ("Plaintiff' of "Madison"), by and through her Guardian ad Litem, Kate Balestracci ("Katie"), filed the complaint (the "Complaint") in this medical malpractice action on December ...

Excerpt: ...ubmitted in the Reply. The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (21W6) 137 Cal.App.4th 292, 318.) Premises liability is a form of negligence. Accordingly, the elements of a claim for injuries suffered by an invitee due to a dangerous condition on the premises (whether natural or artific...

Excerpt: ...n, (5) unjust enrichment, (6) negligence, and (7) gross negligence. As against the moving Defendants Qilin Chang and Golden Taste LLC, Plaintiff asserts the causes of action for declaratory relief, conversion, unjust enrichment, and gross negligence. Moving defendants Qilin Chang and Golden Taste, LLC bring the instant motion, seeking an order requiring Plaintiff to file an undertaking. The motion is made pursuant to Code of Civil Procedure S 103...

Excerpt: ... on its behalf as to matter on which the examination is requested.l The deposition notice must "describe with reasonable particularity the matters on which examination is requested." (Cal. Code Civ. Pro. S 2025.230.) The entity is then under a duty to designate and produce the officers, directors, managing agents or employees "most qualified" to testify on its behalf having knowledge of such matters. (ld.) Cal. Code Civ. S 2025.450(a) permits a p...

Excerpt: ...CENTER, INC. MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DNUMENTS AND THINGS TO DEFENDANT SAEED MIRGHAFOURI (SET ONE) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT SAEED MIRGHAFOURI (SET ONE AND SET TWO) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT AUTOMOTIVE CREDIT CORPORATION (SET ONE) CVR12103284 VAZ...

Excerpt: ...to Samuel Son & Company located in Illinois. Then, on June 12, 2023, Defendant served five additional subpoenas for production of business records to: Samuel Son & Company; Samuel Son & Company/Sierra Aluminum; JCR Law Group-Glendale; The Travelers Indemnity Company, Inc.; and Marriott International. By way of these subpoenas, Defendant seeks Plaintiff's employment and insurance records. Plaintiff brings the instant motion to quash the subpoenas ...

Excerpt: ...) and/or Rush Truck Leasing ("Rush"). The complaint asserts two negligence causes of action. The matter went to trial in June 2023. The jury found that Padilla was negligent and was acting within his course and scope of employment with Costco. It found that Plaintiff had been damaged in the amount of $3,499,200.75. Padilla and Costco were found jointly and severally liable for this amount. On 8/22/23, Plaintiff filed a memorandum off costs, seeki...

Excerpt: ... Filing & Motion Fees: $520.04 Jury Fees: $266.91 Deposition costs: $15,627.64 service of Process: $2,601.70 Witness Fees: $101,518.90 Other (subpoenas, transcripts, trial tech): $94,959.58 Plaintiff brings the instant motion to tax costs contending Defendant's January 13, 2021 CCP 5998 offer was invalid. Plaintiff argues the 998 offer was not made in good faith. Plaintiff further argues the amount of costs is unreasonable, citing the unreasonabl...

Excerpt: ... name of his solely owned corporation (The 26th Corp.) while Aquino took title in the names of his corporations, partnerships, and trusts. Page 5 of 11 Plaintiffs allege that Aquino's entities are shams and alter egos for him. The relationship continued until 2008 when Aquino allegedly started a feud with Whitney. On 3/19/08, Aquino sued U.S. Bank and Whitney in Orange County alleging that Whitney forged Aquino's signature on a check for $450,000...