Excerpt: ...al provision was adopted, the enactors intended that it include a damages remedy for a violation (Katzberg v Regents of University of California (2002) 29 Cal4th 300, 317 (analyzing section 7)) If there is no a
¯irmative intent to allow or withhold damages, the court must then determine whether an adequate remedy exists, the extent to which a constitutional tort action would change established tort law, and the nature and signiÞcance of the...

Excerpt: ...spite it being Þled a day late, because it was only late due to the change in the hearing date or the demurrer, and Plainti
¯ still had su
¯icient time to Þle a reply, so it was not prejudiced by the 1-day delay. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all o its parts in their context. (Moore v. Regents o University o Caliornia (1990) 51 Cal.3d 120, 125.) The court a...

Excerpt: ...uled as to the Þfth cause of action for Accounting. As the case is not at-issue, the Court shall continue the currently-set CMC to April 29, 2024 at 8:30am. Factual / Procedural Context: Plainti
¯ Radhe Radhe Transport Inc. alleges that Jagdish Kumar Rajgor, Harish Raj Kumar and Defendant Raj Kumar Pandey formed Plainti
¯. Plainti
¯ purchased a new commercial truck that was Þnanced through Opportunity Fund, who demanded that the truck be put...

Excerpt: ...48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has Þled a Cross-Complaint against Home Care. In his original cross-complaint he alleged that he could not be released from his rehabilitation center without proof of 24-hour care. Home Care represented that it could provide said care and it would ...

Excerpt: ...t must provide further responses that comply with the requirements of CCP §2031.230; speciÞcally, Defendant must identify why the requested documents are unable to be produced (never existed, lost, misplaced, stolen, in another's possession, etc.). RFP Nos. 15-20, 35-40, 55-60, 75-80, 95-100, 119, 121: Defendant is ordered to produce any relevant police reports related to the incidents alleged in Plainti
¯s' Complaint. Defendant is ordered to ...

Excerpt: ...Reel Fathers Rights (“RFR”) and Mark A. Reel, Jr. (“Mr. Reel”) (collectively, “Defendants”) in April 2022 as a Managing Attorney of RFR, a law Þrm dedicated to representing fathers in family law matters. (Complaint (Compl.) ¶¶ 8–10.) Plainti
¯ executed an Employment Agreement on 4/21/2022, and began working for Defendants on 5/2/2022. (Id. at ¶¶ 10–11.) Under the Employment Agreement, Plainti
¯ was to be provided 10% equity...

Excerpt: ...ted a modiÞcation of the deed of trust which reßected deferred principal of $119,829.99. In March 2022, Defendant US Bank Trust National Association, (“US Bank”) became the assignee and holder of the Deed of Trust. On April 5, 2022 Defendant MTC Financial, Inc. dba Trustee Corps (“Trustee Corps”) recorded a notice of default. In May 2021, HOA acquired the property. In July 2023, Trustee Corps recorded a notice of trustee sale. Plainti
�...

Excerpt: ...in Plainti
¯ and Defendant Bing Dai (“Defendant Bing Dai”) lived and owned as marital property. According to Plainti
¯, the Eastvale Property was not subject to the martial dissolution, and on or about June 8, 2017, Plainti
¯ obtained a judgment against Defendant Bing Dai in the amount of approximately $300,000.00 for unpaid marital dissolution settlement funds. Since obtaining the Judgment, Defendant has transferred assets and other valua...

Excerpt: ...�'s vehicle. Defendant Patricia Solis is alleged to own the vehicle operated by Analley Solis (“Solis Defendants”). Plainti
¯ Þled the complaint on November 10, 2022, alleging 1) motor vehicle negligence; and 2) general negligence. On July 20, 2023, the Solis Defendants Þled a Notice of Settlement and simultaneously Þled an Application for Determination of Good Faith Settlement. Plainti
¯ Þled an Objection to the Notice of Settlement on...

Excerpt: ...(2) Bonds' prior workers' compensation claims, is reasonable (Defendant has agreed to withdraw the subpoena as to and Robbins Brothers Inc) Page 3 of 10 Defendant is ordered to serve revised subpoenas to Plainti
¯'s former employers Lineage Logistics, LLC and Harbor Freight Tools that is consistent with this ruling The Court also orders the parties to enter into a Protective Order to preserve the privacy interests of Plainti
¯ The Court den...

Excerpt: ...ness” (food truck business) located at 5666 Etiwanda Ave., Suite F, in Jurupa Valley. Nunez also agreed to assign the lease and any other necessary assignments. She acknowledged receiving $100,000 from Plainti
¯. The Master Lease is between Defendant, Nunez Plaza, LLC and Plainti
¯ for 3800 square feet of warehouse space and 21,700 square feet of parking lot space. The Lease term was three years beginning 6/1/20. Plainti
¯ gave Nunez a $6,00...

Excerpt: ...cts that Thor's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled ...

Excerpt: ...NT ON 2ND AMENDED COMPLAINT FOR OTHER COMPLAINT (OVER $25,000) OF JASON HUNTER Tentative Ruling: This action for recovery under the California False Claims Act (“CFCA”) at Government Code, § 12650, et seq. has been brought by Plainti
¯ Jason Hunter in a representative capacity on behalf of the public. The Second Amended Complaint (SAC) revolves around a City Council closed session meeting that occurred on 12/10/19 when former City Manager T...

Excerpt: ...side, Inc., Riverside Healthcare Systems, L.P. as a resident physician at Riverside Community Hospital in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plainti
¯ alleges the defendants discriminated against her based on age, sex, national original, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, su
¯ering from a spinal defect. She alleges that individ...

Excerpt: ...dustry standards. (Id. at ¶ 57.) Dealer allegedly breached this duty by failing to properly store, prepare and repair the vehicle in accordance with industry standards. (Id. at ¶ 58.) With respect to damages, Plainti
¯ allege, in a conclusory way, that Dealer's “negligent breach of its duties” proximately caused their damages. (Id. at ¶ 59.) Plainti
¯s fails to otherwise plead the nature or extent of what their damages are. (Id.) Therefo...

Excerpt: ...y, and is causing downstream property damage to the Deleo property, including but not limited to, severe erosion, signiÞcant damage to trees, and the destruction of the irrigation system. (Complaint, Para. 25.) Defendant KB asserts that this action is time barred because Plainti
¯ has failed to timely challenge the government approval of KBs subdivision plan for the development during the approval process and the applicable period for review. ...

Excerpt: ...rator, Doe 3, demurrers once again to the only cause of action against it, for negligent hiring, supervision, and retention. The Court previously sustained a similar demurrer to the Complaint. Plainti
¯ has now addressed the deÞciencies in the prior complaint. Doe 1 contends that Plainti
¯'s third cause of action is barred by the applicable statute of limitations under Code of Civil Procedure section 340.1. Doe 1 contends that nothing in the F...

Excerpt: ... the veriÞed complaint in this matter on May 30, 2023 against defendants Reverse Mortgage Funding, Inc (“RMF”), Breckenridge Property Fund 2016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plainti
¯ Þled the operative Þrst amended complaint (“FAC”) on November 27, 2023. With the exception of a handful of paragraphs, the allegations of the FAC are virtually identical ...

Excerpt: ... a registered security and Þnancial asset, such that there could be no securitization o the asset The complaint, Þled 11/21/23, asserts: (1) wrongul oreclosure (Civil Code §29235); (2) violation o the FDCPA; (3) violation o TILA; (4) breach o contract; (5) violation o ederal trust and lien laws; (6) slander o title; (7) slander o credit; and (8) inßiction o emotional distress Deendants contend that Catamount Properties purchase...

Excerpt: ...as Gomez (“Gomez”), who was driving in the scope of his employment with Defendants Jat Trucking (“Jat”) 50 60 Heaven (“Heaven”) and/or Fedex Ground Package Systems, Inc. (“Fedex”). Plainti
¯s allege that Gomez was driving negligently at the time of the incident. Decedents parents Plainti
¯s Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg (“Plainti
¯s”) Þled their Complaint on M...

Excerpt: ... requested.” (CCP § 2025.230.) The deponent must “designate and produce at the deposition those of its o
¯icers, directors, managing agents, employees, or agents who are most qualiÞed to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “...

Excerpt: ...various warranties, including a 4-year/50,000-mile express bumper to bumper warranty, a 4-year/50,000-mile powertrain warranty. Plainti
¯ asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, emission, steering, electrical and suspension defects. Plainti
¯ delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to r...

Excerpt: ...ral), that party may Þle a motion compelling further responses. (CCP § 2031.310.) The motion to compel further responses “shall set forth speciÞc facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and speciÞc facts...

Excerpt: ...vil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plainti
¯s move for an order (1) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party Lyon Real Estate on November 8, 2023, (2) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party United Wholesale Mortgage, LLC...

Excerpt: ...aint, Plainti
¯s seek dissolution of a partnership that was created between the parties on January 1, 1999, to manage the Oak Crest Ranch (the “partnership”). Plainti
¯s allege dissolution is proper because of Defendant M. William Tildens improper unilateral control of the partnership, and denial of Plainti
¯s access to the partnerships books, reports, and records. (Complaint at ¶¶ 9-10, 19-27, 34-35.) On January 3, 2022, Defendants �...

Excerpt: ...igence; and 2) premises liability Page 3 of 11 Defendant Forge Partners LLC (“Defendant”) (owner of the property) now moves for summary judgment on the ground there is no issue of material fact as the allegedly unsafe condition was “open and obvious” and there was no necessity that Plainti
¯ encounter the allegedly unsafe condition Defendant argues Plainti
¯ was leaving her daughter's apartment in the afternoon and stepped o
¯ the co...

Excerpt: ... is injured due to a risk that is inherent in an activity in which plainti
¯ chose to participate. (Knight v. Jewett (1992) 3 Cal.4th 296, 308; Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, 1154.) Assumption o the risk does not depend on i) the reasonableness or unreasonableness o plainti
¯'s conduct to subject himsel or hersel to the risk o deendant's conduct, or ii) whether plainti
¯ subjectively knew o and voluntarily chose to en...

Excerpt: ...and this indemniÞcation action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. On 10/20/23, Plainti
¯ Þled an application for writ of attachment. The amount to be secured by the attachment is $53,664.60 which includes estimated co...

Excerpt: ....) It was not sent to Defendant's “clerk, secretary, auditor, or governing body” and it was not sent to Defendant's principal o
¯ice. Instead, the address to which the claim was sent was a private residence. (See, Decl. of Deena O. Zaki at ¶¶ 3-4, Exs. B & C; Decl. of Kim Bentrum [“Bentrum Decl.”] at ¶ 7.] Therefore, the claim was defective. Additionally, it is undisputed that Defendant never received this claim. (Bentrum Decl. at ¶�...

Excerpt: ...res (“Plainti
¯s”) Þled a Complaint against Defendant, General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song-Beverly Consumer Warranty Act (“Song Beverly Act”); (2) breach of implied warranty in violation of the Song Beverly Act; (3) violation of § 1793.2 of the Song Beverly Act; and (4) fraud/fraudulent inducement/concealment. In the Complaint, Plainti
¯s allege that on July 28...

Excerpt: ... of GM. (FAC at ¶ 4.) The vehicle, and the transmission it contained, were manufactured by GM. (FAC at ¶¶ 4, 14, 16.) GM provided a full warranty of the vehicle and all its parts. (FAC at ¶¶ 9-10.) The vehicle was equipped with a defective Hydra-Matic 8L90 transmission (“transmission”). (FAC at ¶ 4.) GM knew the transmission had defects and failed to Þnd the cause or Þx those defects. (FAC at ¶ 4.) Despite this, GM marketed the trans...

Excerpt: ...Inc. and City of Palm Springs. Defendant American Airlines, Inc. moves the court for summary judgment, or in the alternative summary adjudication, as to the two causes of action asserted against them for negligence and premises liability on the grounds that Defendant was not on notice of a hazardous condition of the premises, nor is there evidence of any such condition. In opposition, Plainti
¯ asserts the following arguments: 1. There are multi...

Excerpt: ...a document that is in the possession o another party. A demanding party may move to compel a urther response to a demand or inspection i the party determines that the statement o compliance or representation o inability to comply is incomplete or i an objection is without merit. (Cal. Code Civ. Proc. §2031.310(a)(1)-(3).) I the court grants the motion to compel urther responses and the responding party ails to obey the court's order, t...

Excerpt: ...e subpoena entirely, modiying it, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee rom “unreasonable or oppressive demands, including unreasonable violations o the right o privacy o the person.” (Code Civ. Proc., §1987....

Excerpt: ...ant, Wanhoo, LLC (Wanhoo) to purchase real property known as 1713 Beam Hollow in San Jacinto, with a completion date of 7/31/20. Plainti
¯s allege they were targeted by Wanhoo as Þrst-time buyers, and were promised a newly built home, which was not delivered. Plainti
¯s allege that Wanhoo intended to defraud Plainti
¯s of their initial deposit and had no intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the ...

Excerpt: ...App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be su
¯icient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.Ap...

Excerpt: ... Keating (1984) 465 U.S. 1 12; Volt Ino. Sciences Inc. v. Board o Trustees o Leland Stanord Junior University (1989) 489 U.S. 468 477. The FAA embodies a strong ederal policy avoring arbitration. Southland 465 U.S. at 12. The arbitration agreement provides that “[a]rbitration shall be conducted in accordance with and pursuant to the then-e
¯ective provisions o the CAA or i applicable the then-current provisions o the FAA.” D...

Excerpt: ... of expert qualiÞcation, inadmissible speculation and conclusion, improper legal conclusion, and assume facts not in evidence. “In granting or denying a motion for summary judgment [], the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Here, the Court declines to rule on Defendants' evidentiary objections because they are not directed at evidence that are mater...

Excerpt: .../14/13 Their real estate brokers/agents were Vicky Johns dba Lake Laguna Realty (“Johns”) and Amy Vanocur Strebe (“Strebe”) Plainti
¯s believed they were purchasing a 100% interest in the property They assert that in August 2021, they learned for the Þrst time that they were only conveyed 50% interest in the property They assert that JAMKE, Johns, and Strebe all failed to disclose that JAMKE was only conveying a 50% interest They a...

Excerpt: ...hich Plainti
¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti
¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...

Excerpt: .... (C.C.P., § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) When the moving party is a defendant, the motion may only be made on the following grounds: “(i) The court has no jurisdiction of the subject of the cause of action against that defendant” or “(ii) The complaint does not state facts su
¯icient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438(c)(1)(B)(i)&(ii).) The mot...

Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti
¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti
¯, Julie Scha
¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti
¯ was walking on the premises when she tripped over what appe...

Excerpt: ... veteran's status related to a real estate transaction. In the instant motion, Defendants move the court for an order compelling Plainti
¯s to provide further responses to RFPs (Set Two). As to Plainti
¯ Mark Baird numbers 21, 22, 24, 25, 29 and 30. As to Plainti
¯ Bradley Baird numbers 20, 21, 22, 23, 24, 28 and 29. Defendants assert that the documents at issue are relevant to Plainti
¯s' allegations and damages claims, is not otherwise avai...

Excerpt: ... Street – LLC, American R.V. and Boat Storage and Richard Fell dba Fell Capital Management (collectively, “Defendants”). On January 31, 2023, the court granted Defendants' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plainti
¯s failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. The court subsequently denied Plainti
¯s' motion ...

Excerpt: ...octrine and are limited to the time period from the time of Plainti
¯s' purchase to present. As to Sanctions, it is denied. CCP §2025.230 governs the depositions of persons most qualiÞed as follows: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event the deponent shall designate and produce at the deposition those of its o...

Excerpt: ...eges causes of action for (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation of Civil Code § 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794, and 1795.5.) SpeciÞcally, Plainti
¯ alleges that his 2021 GMC Yukon Denali, which was manufactured and distributed by Defendant, su
¯ers from widespread defects—including the Electrical Defects—and that Defe...

Excerpt: ...alleges that Defendant then presented an amended operating agreement that gave Defendant a 100% ownership stake in the dealership Plainti
¯ was surprised and disappointed about his loss of control to A& Y Enterprises LLC but felt compelled to sign the Amended agreement as Defendant Ihmud was strongly insistent and tried to give Plainti
¯ the impression that the additional provision had no bearing on their business relationship Nevertheless, p...

Excerpt: ...are ordered to provide updated CMC statements prior to that date. Factual / Procedural Context: Plainti
¯ Doug Chadwick alleges that he was employed full time by Defendant TNT Plastic Molding as Vice President and director, along as a shareholder. His brother, Defendant Dennis Chadwick began Þnancial mismanagement of the company as he ran a separate company (Crystal Tex) at TNT's business. When Plainti
¯ complained about mismanagement, Defenda...

Excerpt: ...aints of shortness of breath. (Complaint, ¶ 14.) She was subsequently diagnosed with acute respiratory failure and admitted to the ICU. (Complaint ¶ 14.) Decedent physician's orders included an order for steroids and GERD medication which Plainti
¯s' allege that Defendants failed to administer. (Complaint ¶¶ 16-20.) As a result, the Complaint alleges that decedent deteriorated and needed to be intubated. (Complaint ¶ 21.) Plainti
¯s conten...

Excerpt: ...ong-Beverly Act (against VWGoA); (3) Violation o Civ. Code § 1793.2(a)(3) o Song-Beverly Act (against VWGoA); (4) Breach o the Implied Warranty o Merchantability (against VWGoA); (5) Negligent Repair (against Moss); and (6) Violation o the Magnuson-Moss Warranty Act (against all Deendants). Plainti
¯ alleges that, on July 25, 2020, she entered into a warranty contract with VWGoA regarding a 2020 Volkswagen Tiguan. (Compl. ¶ 8.) The warra...