Excerpt: ... demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." Here, Defendant neglected its duty to meet and confer as required. It may well be that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrele...

Excerpt: ...it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code." Under this code section, judgments can be modified "under the 'successor corporation' theory." Wolf Metals, Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, ...

Excerpt: ...et for 10/10/23, which is less than 30 days the trial date of 11/2/23. However, the court has the authority to permit a later hearing. (aeroiz v. Wahl 84 Cal.App.4th 485, 493, fn 4.) Therefore, this argument fails. 1st and 2nd Cause of Action-Breach of Contract: Johanson argues that Plaintiff cannot prove a breach of contract claim because it failed to attach the contract to the Complaint, which shows there was no contract and no contract can be ...

Excerpt: ...lysis: "[Mlotons for reconsideration under [CCP S and renewed motons under [S 1008(b)] are closely related. (See Tate v. Wilburn (2010) 184 Cal.App.4th 150, 159 [internal citations omitted].) "A party filing either a motion under [S 1008(a) or is seeking a new result in the trial court based upon 'new or different facts, circumstances, Page 4 of 6 or law."' (ld. at 160 [citing CCP SS 1008(a) & (b)l.) The moving party must show "by affidavit what ...

Excerpt: ... pleading or pretrial conference order." (CCP 5576.) Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does ...

Excerpt: ...ember 10, 2020 automobile accident. On April 20, 2023, Plaintiff served Defendant with Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by two separate motions to compel Defendant to provide initial responses to FROGS and RFPs. Plaintiff requests an award of sanctions in the amount of $2,060 on each motion ($4,120 total). In...

Excerpt: ...d a supplemental response following the filing of the Motion on September 26, 2023. (If Plaintiff believes the supplemental responses remain deficient, he must file new motions to compel after meeting and conferring.) As to Sanctions, Plaintiff is awarded a reduced reasonable amount of $810 (2 x $375 plus filing fee $60). The Motion to Compel Further Responses to RFPs is granted in part and denied in part. Defendant is ordered to provide further ...

Excerpt: ...r, 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. (Crowley v. Katlem...

Excerpt: ...med Incryo, a business based in India, would know of any law or regulation preventing it from paying the $250,000 settlement by 11/5/21. (ld. 10.) Smith also assumed that was going to pay the entire $250,000 settlement before the deadline. (ld. '1 8.) Smith asserts that the payment was ready to be made, but was unexpectedly delayed by the Reserve Bank of India due to a regulatory obstacle that prevented Incryo from making the $250,000 transfer fr...

Excerpt: ...er replace, repurchase, or repair" Plaintiffs vehicle. (Ranke" Decl. Ex. D.) The letter was addressed to Miriam Arreola and was sent to her email. However, no evidence is offered that shows Plaintiff Jorge Francisco Arreola was ever sent a similar letter. Thus, Defendant has not met its initial burden with respect to Plaintiff Jorge Arreola. b. Did Kia's December 8, 2020 letter constitute an offer? Kia provides a copy of the letter sent to Plaint...

Excerpt: ... to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (ld. at S 2031.310(b)(1).) he burden to show good cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the resp...

Excerpt: ... 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a wrongful termination case by Plaintiffs Ki Burton and Paul Crawford alleging five causes of action against Defendant Eisenhower Medical Center for: 1) failure to accommodate/medical discrimination, 2) failure to accommodate/religious creed discrimination, 3) genetic information discriminat...

Excerpt: ... Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to reconstruction of the event and biomechanical issues. • As to witness Guentzler, the Court finds that Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to anticipated use testing, standard engineering principles. •...

Excerpt: ... for relief sought 1) permanent injunction against Defendant prohibiting them from making any claims of increased performance through use of its replacement filters; 2) permanent injunction against Defendant prohibit claims that its replacement filters perform better than any original equipment filter or replacement filter sold by a vehicle manufacturer; 3) other injunctive relief deemed necessary and appropriate; 4) restituton for lost sales of ...

Excerpt: ..., 25, 28, 29, it is denied. All other RFAs are moot. As to sanctions, it is denied. Plaintiff's motion to compel further responses from the Regents to form interrogatories sets one —three is granted; as to subpart (b) to form interrogatory no. 15.1 and order Regents to provide the contact information for the witness within 30 days. All other interrogatories are Sanctions awarded to Plaintiff and against Defendants and their counsel of record in...

Excerpt: ...iff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket (hereinafter collectively "Northgate"). Defendant Magnolia Partnership, LLC ("Magnolia") owns real property located at 10411-10481 Magnolia Avenue, William Lee Dieterle as trustee ofthe Dieterle Family Trust ("Dieterle") owns property located at 10485 Magnolia, and LMP Realty Advisors LLC ("LMP") owns property located at 10403 Magnolia. The predecessors-in-interes...

Excerpt: ...nding the employment relationship in question." Vernon v. State of California (2004) 116 Cal.App.4th 114, 124-125. The keystone of the employment relationship is the requirement that the employer exercise direction and control over the person's work. Bradley v. Dept. of Corrections and Rehabilitation (2008) 158 Cal.App.4th 1612, 1625. Other factors to consider in determining whether a secondary employer may be liable in an employment action inclu...

Excerpt: ...er 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. Code of Civil Procedure section 36, subdivision (f) further provides: upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no contnuance beyond 120 days from the granting of the motion for preference except for physical disability of a ...

Excerpt: ... property that Judgment Debtor and his family rented and occupied from December 2019 — September 2021. The SDT seeks information in Acorn's possession and control including "lease applications, credit checks, background checks, bank references, personal references, lease agreements, and lease modifications or amendments." It also seeks records "concerning or related to payments received from the Judgment Debtor" or made by Acorn "to the Judgmen...

Excerpt: ...ted at 1415 Via Vallarta, Riverside, CA 92506 (the "Property"). (First Amended Complaint filed on August 23, 2023 ["FAC"] 3, 9.) In 2015, Amie purchased the Property for $555,000 with cash and a private loan of $450,000 secured by a deed of trust ("2015 Deed of Trust"). (ld. at '111.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, allege...

Excerpt: ...o be sold to Plaintiffs the Vehicle without disclosing that the Vehicle and its transmission was (sic) defective and susceptible to sudden and premature failure." (ld., '1 37.) The Complaint alleges that Ford "acquired its knowledge of the Transmission Defect prior to Plaintiffs acquiring the Subject Vehicle, through sources not available to consumers such as Plaintiffs, including but not limited to pre-production and post-production testing data...

Excerpt: ...ation that state law and the governing documents of two common interest developments ("CIDs") permit Pettioners Matthew and Rebecca Parsons to rent their property as an STR without a thirty- day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction...

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

Excerpt: ...th Cause of Acton, item 40, 'Attorney's fees, witness fees and costs of litigation incurred by Plaintiffs to obtain policy benefits in an amount to be determined at trial' because the FAC fails to allege a contract between Plaintiffs and DKI providing for attorney fees to the prevailing party." The eighth cause of acton is for negligence. Plaintiff has not pleaded any basis for recovery of attorney fees under a negligence theory. The motion is gr...

Excerpt: ... make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court." (Cal. Rules of Court, rule 3.1306(c).) Plaintiff requests that the Court take judicial notice of the complete file in the judicial records in this case, without specifying which records, and hence fails to comply with rule 3.1306. Request for judicial notice is DENIED. I...

Excerpt: ... attorneys, sent notice and administrative citations alleging violation of the JVMC, including but not limited to section 8.05.030 (Calfornia Building code section 105.1.3), section 9.240.510, section 9.125.050, Section 9.240.480, Section 9.240.250, and Section 5.05.030. At the times of the issuances of these notices and citations, Cross-Defendant City employed an administrative adjudicative system that was contrary to the common law and violated...

Excerpt: ...e irreconcilable with the results of a trial that took place in Balfour Beat-tvs absence. If trial is not stayed and proceeds before such a result comes down from the Court of Appeals, Plaintiff notes a second trial would have to be held and argues a "separate trial could result in contrary and conflicting rulings. Different evidence could be used, different jury members could result in irreconcilable outcomes regardless of the same evidence, and...

Excerpt: ...not addressed in the moving papers and is therefore not properly before the Court. Responses to these Demands 1-5, 6-8, 17-20, 26, 36, 44-52, and 50 are not Code compliant. The party to whom a demand for inspection, copying, testing, or sampling has been directed shall separately to each item or category of item by any of the following: [91 (1) A statement that the party will comply with the particular demand.... [q] (2) A representation that the...

Excerpt: ...r, where the moving papers are served by email, as in the present case, the 16-day period of notice before the hearing shall be increased by two court days. (CCP S 1010.6(a)(3)(B).) In the present case, the present motion to compel was served by electronic service on September 14, 2021 — just fourteen days before the scheduled hearing (4 days to late). Accordingly, the motion is denied on the ground of defective service. Moreover, under CCP S 2...

Excerpt: ...ator for the Estate of Edward James Schloss ("Plaintiff or "Judgment Creditor"). (Hellmich Decl. 2.) Defendant Quantum Materials Corp. ("Quantum") isa Nevada corporation with its principal place of business in Texas. (ld. at '14.) Solterra Renewable Technologies, Inc. ("Solterra") is a Delaware corporation with its principal place of business in Texas. (ld. at 6.) Solterra is Quantum's wholly owned subsidiary. (ld.) Defendant Stephen Squires ("Mr...

Excerpt: ...Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4, but was not filed or served. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF-55, which was attached to a 2011 Freightliner vehicle owned by the County of Riverside. Charles alleges he was in the process of performing a pre-...

Excerpt: ...ff twice in one night with no sitter ordered (FAC 912-13), and on the next day, he fell and suffered a laceration and hemorrhage (FAC 914). Plaintiffs generically allege that Defendant failed to assess his medical needs and refused to follow his care plan, failed to implement fall prevention policies and procedures, withholding care by failing to seek emergency' advice, and understaffing the facility. (FAC 921.) There are no facts to support that...

Excerpt: ...CCR, All SMILES, TAPO, SHERMAN OAKS HOSPITAL, DR. FARAHMANDIAN, ISREALA and DR. LADINES" as defendants. (See Complaint, 143, 144.) Defendant claims that this makes the pleading uncertain. There is only one Defendant named in the caption of the Complaint, which makes the inclusion of these entities very confusing. Further, Defendant contends that the Complaint alleges time frames from 2013 and 2014 as well as August 2021 and Defendant is left unab...

Excerpt: ...ve damages. The Court orders Defendant to file its answer within 20 days. Factual / Procedural Context: Plaintiff German Mendoza Gracia alleges that on May 24, 2021, he purchased a 2019 GMC Sierra with a defective transmission. On June 26, 2023, Plaintiff filed his operative First Amended Complaint for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act— Breach of Implied Warranty; (3) Violation of...

Excerpt: ...text: This is a wrongful death/personal injury achon by successors in interest to Decedent Robert Alexander arising out of a motor vehicle versus bicyclist. Plaintiffs Kristi Alexander and Kelsey Gregg's First Amended Complaint alleges two causes of achon for 1) motor vehicle negligence, and 2) dangerous condition of public property. Defendant State of California, on behalf of the Department of Transportation, demurs to the 2nd cause of action in...

Excerpt: ...onnel. However, these non-specific conclusory facts are insufficient to allege a cause of action for elder abuse within the meaning of the Act. Plaintiffs factual claims still do not rise to the level of egregious conduct required by the Supreme Court of California to plead a cause of action for elder abuse under the Act. As with the FAC, Plaintiff's SAC lays out a multitude of care that she received during her various hospitalizations to LLUMC-M...

Excerpt: ...rside (County), and 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 Cour...

Excerpt: ...r restraining and preventing any expenditure of funds received by a school district through the sale of bonds authorized by [Proposition 391." (Ed. Code, S 15284(a).) "An action brought pursuant to this section shall take special precedence over all civil matters on the calendar of the court except those matters granted equal precedence by law." (Ed. Code, S 15284(b).) Here, the parties appear to agree that under Educ. Code S 15284(b) the case is...

Excerpt: ...ses of action; DENY as to the 1st and 5th causes of achon. SOL: Defendant contends the limitations period is one year, but mistakenly relies on the prior version of Gov. Code S 12960. (See prior version of Gov. Code S 12960(d).) As of January 1, 2020, the time limit for filing FEHA claims with the California Civil Rights Department is three years from the unlawful act. (Gov. Code S 12960(e)(5),(5).) The "unlawful act" about which Plaintiff compla...

Excerpt: ...n this breach of contract action on August 29, 2022 against defendant Joseph Tash ("Defendant"). On May 23, 2023, Plaintiff served Defendant with Special Interrogatories ("SROGs"), Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, resulting in Plaintiff's filing his present motions to compel (MTC). Defendant filed his oppositions to the motions to compel and Plaintiff filed his repl...

Excerpt: ...lemental responses to the request for production of documents at issue. While the parties have continued to debate the merits of the original responses, the proper recourse is for the parties to meet and confer over the supplemental responses and file another motion to compel further responses, if necessary. See CCP S 2031.310(c). under CCP 52031.310(h), the court is required to impose sanctions against the opposing party that is unsuccessful, un...

Excerpt: ...s operated from the Anza property. (ld. 3.) Smith was aware that Silvester ran other businesses from the property including HerbSharks, a Wyoming entity. (ld. 4.) Smith declares that in 2019, Silvester discussed a new business venture involving a hemp farm in Colorado, and solicited him to invest, which he wanted to do, but could not do financially. (ld. 5.) Smith has independently established that Silvester resided at the Anza property during th...

Excerpt: ...er, or proceedings has been taken. In the absence of an attorney affidavit of fault, the burden is on the moving party to show that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. A motion under this section must be accompanied by a proposed pleading. C.C.P. S473(b). A mistake of law or fact can be the basis of relief under C.C.P. S 473(b), but it must be a re...

Excerpt: ...ication for conflict of interest based on a prior (successive) or current representation. (Lynn v. George (2017) 15 Cal.App.5th 530, 537.) Generally, the moving party must have or must have had an attorney-client relationship with the attorney. (Great Lakes Construction, Inc. v. Burman (2010) 186 cal.App.4th 1347, 1356; Dino v. Pelayo (2006) 145 cal.App.4th 347, 352; Cornish v. superior court (1989) 209 Cal.App.3d 467, 478.) Some courts, however,...

Excerpt: ...Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22 and the operative First Amended Complaint (FAC)...

Excerpt: ...2023-24 Adopted Budget. (Listed in RJN as 2nd Request Number 2.) 4) Ballot materials relating to Riverside unified School District Measure O, including the measure's full text, the impartial analysis, and argument in support of the measure. 5) RUSD's June 14, 2023 report to the Citizens' Bond Oversight Committee. 6) RUSD's April 10, 2018 report tothe Citizens' Bond Oversight Committee. 7) RUSD's June 14, 2023 presentation to the Citizens' Bond Ov...

Excerpt: ...") in this action on April 5, 2019 against defendants Compass Health Care Brands Corporation ("Compass"), Invacare Corporation (erroneously named as Invacare Corporation) ("Invacare") and Eisenhower Medical Center ("EMC") (collectively, "Defendants"). Plaintiffs allege that on April 22, 2017, Bernard and his daughter (Victoria) were visiting a relative at EMC in Rancho Mirage. (Complaint, 12.) Bernard, who had been recovering from surgery, was ut...

Excerpt: ...o assess the Plaintiff's skin after fraudulently indicating that he was suffering from pressure ulcers on admission, failed to rotate or reposition the Plaintiff's legs and falling to manage the Plaintiff's pain or obtsn a pain management consultation. (Comp., '133.) Further, the Plaintiff asserts that the Defendant failed to revise and update his care plan. (Ibid.) The Plaintiff contends that the hospital was understaffed. Plaintiff also alleges...

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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ..., (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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...v-ded BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company ("RAT C") (collectively "Plaintiffs"). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker individually ("2018 Indemnity Agreement"). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement ("2019 Indemnity Agreement." ) Plaintiffs...

Excerpt: ... 6th Causes of Acton, the Demurrer is sustained without leave to amend. Mohon to Strike is moot. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP, S 430.10(e).) In 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 ...

Excerpt: ...ssignment. Now before the Court is Judgment Creditors' motion for an assignment order, pursuant to Code of Civil Procedure section 708.510 et seq. The judgment was originally entered on September 25, 2008, and thereafter renewed on August 30, 2018, and a notce of renewal of judgment was filed on that same date. By way of this motion, Judgment Creditors seek an order to assign to the Judgment Creditors any of Judgment Debtors' rights to payment du...

Excerpt: ...laintiff") purchased a 2022 Chevrolet Blazer ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant") authorized repair facility on numerous occasions for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Ni...

Excerpt: ...aranty to secure PWP's obligations. On September 15, 2020, Plaintiff filed its complaint alleging 13 causes of action: 1) Breach of Contract; 2) Goods Sold and Delivered/Agreed Price; 3) Open-Book Account; 4) Account Stated; 5) Breach of Personal Guarantee; 6) Breach of Contract; 7) Goods Sold and Delivered/Agreed Price; 8) Open-Book Account; 9) Account Stated; 10) Breach of Contract; 11) Goods Sold and Delivered/Agreed Price; 12) Open-Book Accou...

Excerpt: ...te them as a party after their true name is discovered. Binnquist does not identify under what statute it is seeking to quash or strike the Roe Amendment for failing to comply with CCP S 474. It cites to McClatchy v. Colbentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, which holds that a motion can be brought to quash or strike the Roe Amendment. In McClatchy a moton to quash was brought under California Code of Civil Procedure secton 4...

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...

Excerpt: ...em the Petition for Relief from the Claims Requirement Filed as of August 7, 2023. The Court denies the Pettion for Relief from the Claims Requirement. Factual / Procedural Context Plaintiff, Julie Schaffer, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plaintiff was walking on the premises when she tripped over what appeared to be an unlit guy-wire/guy-line/guy-rope/stay and/or its...

Excerpt: ... This is a lemon law case. On April 28, 2019, Plaintiffs purchased a 2019 Chevrolet Silverado 1500, which was manufactured and distributed by GM. (Compl. '1 6.) The subject vehicle came with an express warranty that the vehicle would be free from defects in materials, nonconformity, or workmanship during the applicable warranty period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at '1 10.) During the warranty...

Excerpt: ...t has also agreed to comply in part to RFP Nos. 1, 3—7, 9, 10, 15 and 16, and referred Plaintiff to several documents produced in response to his first set of RFPs.1 Thus, the only remaining categories and requests at issue are Category Nos. 11, 14, 16—17, 19—29, and RFP Nos. 2, 8, 11—14. Objections to a notice of the deposition are very limited and may only pertain to errors or irregularities in the deposition notice itself—i.e., issue...

Excerpt: ...nt paramedics, agents and/or employeesl of Defendant American Medical Response Ambulance Service, Inc. ("AMR"), arrived to his assisted living facility, loaded him onto the gurney, and rolled him outside. As Defendants were attempting to put Plaintiff in the ambulance, Plaintiff contends they lost control of the gurney, and/or the gurney malfunctioned, causing it to flip over to the right. Plaintiff alleges he struck the ground with the right sid...

Excerpt: ...terprise Rent-A-Car ("ERAC-LA") negligently entrusted a rental vehicle to Defendant Josue Ayala Flores ("Mr. Ayala" per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC ("EAN"), the owner of the rented vehicle (a Ford Fusion). On January 28, 2022, a Complai...

Excerpt: ...laintiff stopped driving the vehicle and wanted her money refunded or a different vehicle. (ld. at 120.) The court of appeals found that the plaintiff's vehicle was a new motor vehicle under Civil Code which had five categories of new motor vehicles, which includes a demonstrator vehicle or other motor vehicle sold with a manufacturer's new car warranty. (ld. at 122-123.) The court ultimately found that "section 1793.22 includes cars sold with a ...

Excerpt: ...MENT CORP., BLOOMING INVESTMENT GROUP INC., PRIME INVESTMENT INTERNATIONAL INC., UNIVERSITY CAMPUS HOTEL LLC Tentative Ruling: The Court overrules the demurrer. The Court denies the motion to strike. Defendant to file an answer within 20 days. Factual / Procedural Context: This is a derivative achon brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/...

Excerpt: ... the Court shall sustain the demurrer without leave to amend. "Leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law." (Lawrence v. Bank of America (1985) 153 Cal.App.3d 431, 435.) Factual / Procedural Context: This is an action for mandamus relief brought by Health and Wellness Lifestyle Club, LLC ("HWLC") and its former attorney, Nupur Nagar (collec...

Excerpt: ...mitted order. Although not specifically mentioned by the parties, the Court is not withdrawing the order for sanctions. The Court does order the parties to appear for the Case Management Conference Hearing. The Court notes that Defendant has filed a motion for summary judgment, to be heard on 11/17/23, largely on the fact that the RFAs were deemed admitted. Given the Court's tentative is to grant Plaintiff relief, the MS] appears to be moot. The ...

Excerpt: ...ng 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 notce has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.)...

Excerpt: ...s that on July 17, 2019, he was using the spa at the Hotel when he experienced difficulty breathing, shortness of breath, chest tightness and pain. He also felt a burning sensation in his skin and developed a rash. Plaintiff alleges that the spa contained unsafe levels of chemicals that caused severe chemical burns to his body and injuries to his lungs and respiratory system. On October 1, 2019, Plaintiff filed his Complaint for Negligence agains...

Excerpt: ...fendant violated the CC&Rs by failing to paint all wood areas on the outside of his residence. Beginning in 2019, Plaintiff notified Defendant of the violation to the CC&Rs. Plaintiff alleges that Defendant has failed to take any steps to correct this violation. The complaint asserts a cause of achon for breach of the CC&Rs and governing documents and one for declaratory relief. Defendant was personally served on 10/27/22. Default was entered on ...

Excerpt: ...cal malpractice action. This case arises from two knee replacement surgeries performed by orthopedic surgeon DR. RAJ SINHA ("Defendant") on NANCY LABODA ("Plaintiff"). he operative First Amended Complaint (FAC) alleges claims for: (1) professional negligence/medical malpractice; (2) failure to obtain informed consent; (3) products liability; and (4) intentional concealment. Plaintiff's FAC alleges that Dr. Sinha and Star Orthopedics performed kne...

Excerpt: ...pecial Interrogatories 2, 18 and 27, and denied as to Special Interrogatories 13. Page 3 of 8 Any party may obtain discovery by propounding to any other party written interrogatories. (Cal. Code Civ. Proc. 52030.010(a).) The party to whom interrogatories have been propounded shall respond in writing under oath to each interrogatory by: (1) an answer containing the information sought to be discovered; (2) an exercise of the party's option to produ...

Excerpt: ...usiness representative and lawyer 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 interferenc...

Excerpt: ...ate, (3) disability discrimination, (4) retaliation (FEHA), (5) retaliation (Lab. Code S 1102.5), (5) harassment (hostile work environment), (7) failure to prevent discrimination, harassment and retaliation, (8) wrongful termination in violation of public policy, (9) intentional infliction of emotional distress, (10) breach of contract, (11) breach of the covenant of good faith and fair dealing, (12) promissory estoppel, (13) intentional misrepre...

Excerpt: ...o the roof, the Defendants failed to make any timely or proper repairs. After a second roof leak occurred in the same location, Defendants hired an unlicensed handyman to put a tarp on the roof, which remained from approximately 12/15/21 through 2/10/22. Plaintiffs allege the tarp was not even placed properly on the roof, did nothing to prevent leaks and water intrusion, and was hanging off of the roof, allowing chronic water and moisture intrusi...

Excerpt: ...wenty years. During this time period, the two had pooled their resources, jointly owning property and having joint bank accounts and credit cards. The two also started a business together - Katz Transport, Inc.. In 2011, the two purchased a home in Fontana together. The agreement was that they would fix the home together and eventually retire there. In 2013, they purchased another business together — US La Michoacana. Plaintiff worked as an emp...

Excerpt: ... Plaintiff's claim is "probably valid." "Probable validity" of the claim for purposes of avoiding expungement under CCP S 405.32 means that it is more likely than not that the party who asserted the real pro#rty claim will obtain a judgment on the claim in that party's favor. (CCP S 405.3; J & A Mash & Barrel, LLC v. Sup.Ct. (Tower Theater Properties) (2022) 74 Cal.App.5th 1, 32-33.) As such, a S 405.32 expungement motion effectively requires the...

Excerpt: ...rt) and Manuel Saint Martin, MD (a psychiatry expert) for his ongoing complaints related to the injuries. Defendant contends that Plaintiff has put his mental and neurologic conditions at issue and good cause exists for the examinations. Defendants assert that Plaintiff and his counsel have refused to agree to the exams. In Opposition, Plaintiff contends that Defendant did not properly meet and confer regarding the psychiatric examination and any...

Excerpt: ...veloped defects and non-conformiäes, including a Transmission Defect and Steering Defect. Plaintiff delivered the Subject Vehicle to authorized repair facilities, including Defendant Lake Elsinore Chrysler Dodge Jeep Ram ("Lake Elsinore"), on multiple occasions. However, Defendant was unable to repair the defects. Plaintiff requested that Defendant repurchase the Subject Vehicle, but Defendant refused. Plaintiff filed his Complaint on August 18,...