Excerpt: ...o which portions of the motion is denied. Moving parties move to strike portions of the 3rd, 4th, 5th, 6th, 7th, 8th, 12th, 13th, 14th, 15th, 16th, 18th, 19th, 20th, 21st, 22nd, and 23rd causes of achon in the Second Amended Complaint, arguing that they are predicated on the alleged fraudulent representation made by Defendants regarding River Falls which was a non-existent entity at the tme of Plaintiff's execution of the notes and the related de...

Excerpt: ... of Government Code (Gov. Code) 512940(h), 3) retaliation in violation of Labor Code SSS8.5, 96(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 5512940, et seq. Defendant CDCR previously demurred to all of these same causes of action which were contained in Plaintiff's First A...

Excerpt: ... determined when she should be discharged from inpatient care." (Second Amended Complaint, 917); and adds paragraphs 27 to 32, 36 to 42 and 62 to 64. The allegations plead in these newly added paragraphs are still factually deficient and cannot support a cause of action for Elder Abuse or Neglect. Paragraphs 27 to 32 allege that plaintiff had a low Braden score and had minimal bed mobility; and that LLLIMC-M was aware that plaintiff only had emer...

Excerpt: ...ka and their minor child, but was unable to qualify for the purchase. Terrence then spoke to Susana who agreed to be a straw buyer and then transfer the property to him after purchase, upon request. The property is at 36640 Obaria Way in Lake Elsinore ("property"). Terrence alleges that in May 2017, he delivered the funds to purchase the property for $464m with a loan amount of $324,489. Terrence alleges that all of the money came from him, and n...

Excerpt: ...be conducted either by a licensed physician or a licensed clinical psychologist with a doctoral degree and at least 5 years' experience diagnosing mental and emotional disorders. (CCP S There is no argument that proposed Dr. Long does not meet these requirements. Additionally, Plaintiff's argument that Dr. üJng is biased is unavailing — medical examiners are expected to represent the interest of the parties by whom they are retained. Such matt...

Excerpt: ...ot the attorney. The Court orders sanctons to be paid in 90 days. Factual / Procedural Context: This is a motor vehicle personal injury action by Plaintiff Nancy Lane against Defendant Kyle Duvall. Plaintiff moves the court to Defendant to attend his deposition and for the production of documents specified in the deposition notice served on him. The motion is made on the grounds that Defendant failed to appear for deposition or to produce the req...

Excerpt: ...or create conflicting rulings on common issues. (Cal. Code Civ. Proc. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of proving the existence of a valid arbitration agreement, which can be met b...

Excerpt: ...a finding in a 2021 medical report. However, Plaintiff does not contend that she was not aware of this report or its finding. She only asserts that she did not provide said evidence "because it was not needed until the court's order was issued and the court disregarded the employer's Staff testimony that she suffered a stroke." Declaration of Richard A. Apodaca, 6. Based on this assertion, the Plaintiff was aware of her diagnosis and discussed sa...

Excerpt: ...f action are being asserted in derogation of CRC 2.112. Accordingly, the special demurrer to the Complaint is sustained. II. General Demurrer A complaint must contain a statement of facts constituting the cause of action, in ordinary and concise language. (CCP S 425.10; see also C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872 [complaint need only allege facts sufficient to state a cause of actionl.) The failure to plead...

Excerpt: ...tions." (Lundeen Coatings Corp. v. Department of Water & Power (1991) 232 Cal.App.3d 816, 832.) Unless provded by statute, a public entity is not liable for an injury. (emphasis added) (Gov. C. S 815(a).) Then if a statute is identified, to state a cause of action against a government entity, every fact essential to the existence of statutory liability must be pled with particularity. (See Searcy v. Hemet Unified School Dist. (1986) 177 Cal. App....

Excerpt: ...and ordered the amended judgment, dated April 8, 2021, void and vacated (RJN Ex 5). Although the FAC alleges that "Hartford is liable to Plaintiff on the Escrow Bond, due the Judgment entered and/or to be entered against Milestone," it is contradicted by judicially noticeable documents (LUGO II FAC, RJN, Ex2; p. 2 6). Absent an enforceable judgment against Milestone Escrow, Plaintiff seeks relief on a non-existing judgment. Page 5 of 8 (2) The Cl...

Excerpt: ...Mellon in an unlawful detainer action against Plaintiffs and that all causes of action here arise from that protected conduct. "The ant-SLAPP statute, secton 425.15, allows a court to strike any cause of action that arises from the defendant's exercise of his or her constitutionally protected rights of free speech or petition for redress of grievances." (Flatley v. Mauro (2006) 39 Cal.4th 299, 311-312 ("Flatley").) Because not all speech or petit...

Excerpt: ...ay, Decedent was struck by a delivery truck driven by Defendant Andrew Thomas 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"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Plaintiffs further allege that Defendant County of Riverside failed to maintain the roadway and access alley in ...

Excerpt: ...ch Michele responded she had already applied for family leave and was in the process. Despite Irene telling Michele that she had until April 17, 2021, to enroll for family leave, in or around early April, Michele received a termination letter dated March 31, 2021 the letter stated her employment had been terminated for her alleged failure to return to work from leave of absence. (Complaint, 15 [emphasis in the original].) Hernandez's alleged acti...

Excerpt: ...ys leave to amend, the fifth cause of action. DENY the entire moton to strike. Request for Judicial Notice: A draft copy of CC&Rs do not fit within any of the categories set forth in Evidence Code SS 451 and 452 and the document is irrelevant to both motions. Judicial notce of Exhibit 2, recorded grant deeds is appropriate. Scott v. JP Morgan Chase Bank (2013) 214 Cal.App.4th 743, 755. As to election rules, Plaintiff does not dispute that these a...

Excerpt: ...ffer if prejudgment possession is granted. I. The motion is properly denied a. The District provided proper notce of the motion Subdivision (b) of section 1255.410 provides for the timing and manner of service of the motion, requiring the plaintiff to serve a copy of the moton to the owner of record and any occupants within the property of which prejudgment possession is sought. (Code Civ. Proc., 51255.410(b).) Ifthe property is unoccupied, "[tlh...

Excerpt: ... allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regent") was aware of the fraternity's history of hazing and its employee/agent, Edkpeju Ed E-Nunu (MEd"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operative pleading is the fourth amended com...

Excerpt: ...ds HS section 1799.110(c), further, even liberally construing Dr. Halloran's declaration, nothing therein indicates that Page 3 of 4 he possesses any certification, expertise or relevant knowledge of the standards of care attributable to emergency room nurses. (See Halloran Decl., 1-2; see Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 970.) A continuance is not warranted and therefore DENIED. Counsel falls to indicate whether controverting evid...

Excerpt: ...site procedure: "[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by ...

Excerpt: ... most qualified (PMQ). Plaintiff contends the notice was ignored and therefore on 8/18/23, Plaintiffs served an amended noticed a deposition of GM's PMQ for a deposition to take place on August 11, 2023. (Declaration of Raymond Verlarde ["Verlarde Decl."], 6.) July 18, 2023, Plaintiffs noticed a deposition of GM's person most qualified for a deposition to take place on August 11, 2023. (Declaration of Raymond Verlarde ["Verlarde Decl."l, '16.) Pl...

Excerpt: ...and (2) general negligence. On November 8, 2022, Plaintiffs filed their First Amended Complaint ("FAC"), alleging the same causes of action against Larkins. At the time of the December 23, 2019 accident, Larkins had a personal automobile with Defendant-in-Intervention Liberty Fire Insurance Company ("Defendant"). (Williams Decl. 2.) Larkins passed away on August 4, 2021. (ld. at '1 5.) On January 6, 2023, Plaintiffs filed a Proof of Service of Su...

Excerpt: ...ve Process in Violation of Gov. Code S 12940(n): (4) Age Discriminaton in Violation of Gov. Code 512940 et seq; (5) Failure to Prevent Discrimination in Violation of Gov. Code S 12940(k); (6) Retaliation in Violation of Gov. Code 512940(h); (7) Wrongful Termination; (8) Meal and Rest Break Violations of Labor Code S 226.7; (9) Failure to Provide Employment Records in Violation of Cal. Labor Code 51198.5 et seq.; (10) Failure to Pay All Compensati...

Excerpt: ...urt denies Defendant's Motion to Strike. Factual / Procedural Context: On May 31, 2016, Plaintiff Anne Gichanga ("Gichanga") was admitted to The Gardens of Riverside, LLC ("The Gardens") due to advancing dementia and need for assistance with all activities of daily living. (Comp'. '1 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's res-dency at The Gardens, she died after being permitted to wander into the outdoor courtyard ar...

Excerpt: ...ber 2022 and issued invoices in the total amount of $98,848.07, which Defendant failed to pay. Plaintiff filed the Complaint on March 9, 2023, 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. On April 14, 2023, Defendant filed a cross-complaint against her insurance carrier, Farmers In...

Excerpt: ...nted in that Plaintiff's mere conclusions are insufficient to state a claim and because the available facts suggest that Plaintiff's claims were remedied and/or were not sufficiently material so as to give rise to any lability against Defendants. In opposition, Plaintiff asserts that the Complaint is sufficient. Plaintiff has alleged that the Defendant failed to do two things that are required by the statute. These are not conclusions. They are f...

Excerpt: ...Home Depot Inc., Continental Assurance Co-No. America, Melet Plastics, Ace/chubb et al. on March 10, 2023. Plaintiff alleges she purchased a water heater designed by Rheem Manufacturing at Home Depot that was defective. Plaintiff alleges the water heater flooded and caused water damage, mold, damage to the water heater closet, floors, baseboards, doors, and rooms adjacent to the water heater closet. Plaintiff alleges Defendants were aware of the ...

Excerpt: ...ease signing, the Vehicle odometer read Twenty Thousand One Hundred Forty (20,140) miles, however, A-Z and/or Fleet reported inaccurate mileage, submitting Two Hundred Thousand One Hundred Forty (200,140) miles to the California Department of Motor Vehicles (hereinafter referred to as "DMV"). Plaintiff notified a Fleet employee about the error who assured Plaintiff of correction. As a result, an A-Z employee made handwritten changes to the "Used ...

Excerpt: ...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 851, 872.) Generally, a plaintiff need only plead facts necessary "to acquaint a defendant w...

Excerpt: ... judgment, and re-set the matter as a Case Management Hearing, to be heard on 11/27/23 at 8:30am in Dept. 3. All counsel are ordered to file updated CMC statements prior to that date. Factual / Procedural Context: Plaintiff Daniel Joshua Lujan ("Plaintiff") filed the complaint in this quiet title achon on March 9, 2023 against defendant Bree Mendoza ("Defendant"). Defendant failed to answer or otherwise respond to the complaint, and Plaintiff req...

Excerpt: ...e. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his wife, Defendant Maricel Harvery ("Maricel") by Defendant ABC Foster Family Agency ("ABC"). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulte...

Excerpt: ...efects. On 2/9/22, Plaintiffs filed their complaint for: (1) breach of express warranty; (2) breach of implied warranty; and (3) Civil Code 51793.2. On the date of trial, 5/19/23, the parties indicated that the case settled. On 6/22/23, Plaintiffs filed a notice of settlement. Plaintiffs move for attorney fees of $55,258.87 ($41,325.37 x 1.35 multiplier) and $2,186.19 in costs. It is noted in the Reply, Plaintiffs seek fees of $58,471.97. Plainti...

Excerpt: ... year after it was manufactured, pursuant to RINlriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209. However, Rodriguez has been granted review by the California Supreme Court—it is no longer binding authority and is only persuasive. The court in Rodriguez determined that the purchasers of a pre-owned vehicle could not assert a claim against the manufacturer despite the fact that the vehicle was sold with some balance remaining on the manufacturer...

Excerpt: ...eges that Rancho Verde High School is owned by Defendants Val Verde, RCOE and Riverside County Special Education Local Plan Area (RCSELPA.) (SAC '1 17.) Plaintiff alleges he was injured when he fell from the heights of a second-floor balcony at the school premises after being unsupervised, inadequately supervised, and/or unobserved by Defendants' adult attendant employees causing injuries and damages including but not limited to, orthopedic and h...

Excerpt: ...emonstrated that no triable issues of material fact exist as to the existence of a "dangerous condition" on its property and that Defendant had no actual notice of the challenged dangerous condition. Once the burden shifted to Plaintiff to show that a triable issue of one or more material facts exist as to the cause of action, Plaintiff failed to present controverting evidence. A motion for summary judgment shall be granted when no triable issue ...

Excerpt: ...chael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Constructon LLC and Jorge Humberto Quezado, alleging negligence and loss of consortium. PIAS relevant to this Motion, Plaintiff Brandon is claiming lack of memory due to a traumatic brain injury (TBI) and anxiety and depression. Defendants move to compel Plaintiff Brandon to attend two mental examinations with Dr Kyle Boone, Ph.D. (a ...

Excerpt: ...the property for 10 years when he asked about transferring full title to his name. Defendant did not do so, and instead filed a lawsuit to Page 4 of 5 remove him from the property. Plaintiff also alleges he purchased a truck with Defendant, but she repossessed it despite the loan being paid offfrom the dealership. On March 2, 2023, Plaintiff filed this action. On June 20, 2023, Plaintiff filed his operative First Amended Complaint ("FAC") allegin...

Excerpt: ...fs filed a document entitled "Plaintiffs' [1] Specification of Additional Principal Controverted Issues, and Proposals Not Included in Statement of Decision, [2] Objections to Tentatve Statement of Decision, and [3] Request for Hearing," requesting, in part, that the Court award prejudgment interest not included in the tentative decision. On June 16, 2023, the Court issued a final statement of decision, which included findings in favor of Plainti...

Excerpt: ..." or "GM"). GM provided Plaintiffs with both a Certified Pre-owned Bumper-To-8umper Limited Warranty and a Certified Pre-Owned Powertrain Warranty upon purchase. During the warranty period, the Subject Vehicle developed defects and nonconformities, including a Transmission Defect. Plaintiffs delivered the Subject Vehicle to GM's authorized repair agents on numerous occasions, but GM was unable to repair the defects. Plaintiff allege that GM refus...

Excerpt: ..., once in the uterus, made multiple attempts to bring the baby's head out of Ms. Fogg's pelvis, but this was not successful. Dr. Lebo then made multiple attempts to do the same, but was not successful either. The decision was then made to deliver the baby from a breech position. The baby was delivered successfully. Dr. Lebo did not have any further involvement in Ms. Fogg's or her daughter's care once the c-secäon was completed. McMurray states ...

Excerpt: ...alms Partners Capital, LLC ("Palms Partners"); (2) Oswit Canyon, Inc. dba Oswit Land Trust ("Oswit"); and (3) Ramin Saghian ("Saghian"). In the Complaint, the Associated alleged (1) breach of lease and CC&Rs (against Oswit & Palms Partners), (2) nuisance (against all Defendants), (3) nuisance per se (against all Defendants), (4) trespass (against all Defendants), (5) intentional interference with contractual relations (against Saghian), (6) inten...

Excerpt: ...general demurrer. (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice. (ld.) As to the Government Claims Act, a plaintiff must file a claim against a local public entity before a plaintiff may file an action for money or damages against the entity. (Go...

Excerpt: ...rs to be an inordinate amount of time devoted to review and preparation of pro forma discovery demands/responses. Finally, GM's challenge to the hours spent on the present fee motion also has merit. Based upon GM's specific challenges to the billing records, the following adjustment/discount are granted as to hours billed by Plaintiff's counsel: • 6.0 hours at $435 (Zhang) ($2,510) — excessive time reviewing and drafting discovery demands and...

Excerpt: ...o the ongoing construction at the subject accident location... [orl any road controls... including but not limited to traffic signals." (Comp. , 18.) As Defendants argue, the Complaint is thin on facts showing a physical deficiency in the property ftself. These allegations are insufficient. In opposition, Plaintiff only insists his allegations are sufficient. However, the lack of traffic control devices is not by itself a "dangerous condition" fo...

Excerpt: ... while working when pallets and boxes, that were not properly secured, stacked or maintained, fell on Plaintiff. He filed his Complaint on 12/31/21 alleging two causes of acton for negligence and premises liability. Plaintiff alleges that Sungistix knew or should have known about the dangerous condition and failed to warn users of the premises; Sungistx could have prevented the incident. On 4/13/23, Plaintiff filed a Fictitious Name Amendment to ...

Excerpt: ... OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVR123w938 HEIDARY VS JP MORGAN CHASE BANK, N.A. JOINDER TO SELECT PORTFO 10 SERVICING INC'S DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT CVR12300938 HEIDARY VS JP MORGAN CHASE BANK, N.m JOINDER TO SELECT PORTFOLIO SERVICING INC'S DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT CVR12300938 HEIDARY VS JP MORGAN CHASE BANK, NA. JOINDER TO CLEAR RECON CORP DEMURRER Tentative Ruling: Defendants S...

Excerpt: ...h Castillas) ("Joseph") and Nany Casillas (erroneously named as Nancy Castillas and also named as Nancy Padilla) ("Nancy"). Plaintiff alleges that she was injured on April 10, 2023 when Defendants breached a duty of care when they failed to perform a needle procedure properly and safely. (Complaint, p. 3.) The Complaint sets forth a cause of action for negligence/professional negligence. Joseph and Nancy (hereinafter, "Defendants") now demur by t...

Excerpt: ...liability; (4) premises liability; and (5) negligent entrustment. On 9/27/23, Defendants filed a Second Amended Answer that asserted 19 affirmative defenses. Plaintiff moves for summary adjudication of the 1st-5th, 8th and 14th causes of action. Plaintiff worked at Defendant Core-Mark's facility via a staffing agreement with Instawork, i.e. gig worker. She contends neither Core-Mark nor Instawork ever obtained worker's compensation coverage, and ...

Excerpt: ...se Plaintiffs causes of action against it are barred by the workers' compensation exclusivity rule. "Workers' compensation ordinarily provides the exclusive remedy for an injury sustained by an employee in the course of employment and compensable under the workers' compensation aw. (Singh v. Southland Stone, U.S.A., Inc. (2010) 186 Cal.App.4th 338, 365 [internal citations omitted].) "The workers' compensation exclusivity rule also encompasses any...

Excerpt: ...pplemental document production, and that the parties failed to engage in a food faith attempt to resolve informally each issue set for the in the motion. The hearing was continued to allow the parties to further meet and confer to narrow the scope of their disputes, and to attempt to resolve them. (See Minute Order dated August 24, 2023.) Here, there has obviously been no resolution whatsoever on this moton. It appears to be futile to order any f...

Excerpt: ...2 alleging claims for: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; (3) Violation of Song-Beverly Act, Section 1973.2. Trial is set for November 9, 2023. *** Plaintiffs move to compel further responses to Requests for Production of Documents, Set Two, Nos. 1-17, contending that Defendant served boilerplate objections. Plaintiffs assert that the requests seek re...

Excerpt: ...ustain Tyler Mall's objections 8 and 9 to the Herter Declaration. The Court declines to rule on the remaining objections. Factual / Procedural Context: This is a personal injury and premises liability action brought by Plaintiff Evelyn Rodriguez against various Defendants, including Defendant Otis Elevator (Otis), Pacific Coast Elevator Corporation dba Amtech Elevator Services (Amtech), North American Elevator Services Company (NAES). Plaintiff a...

Excerpt: ...22 against Edmund Ayoub, Jr., M.D. ("Dr. Ayoub") and Edmund Ayoub, Jr., M.D., Inc. (together, "Defendants"). Plaintiff alleges that although he started treating with Dr. Ayoub for low back pain and related symptoms in or around June 2021, Dr. Ayoub failed to correctly diagnose Plaintiff as suffering from a herniated disc until April 19, 2022, and Plaintiff was unduly delayed in receiving appropriate care and treatment. (Complaint, 16-19.) The Com...

Excerpt: ...rustee has not yet abandoned the property, which means the trustee is the real party in interest, not Plaintiff.l "The widely accepted rule is that after a person files for bankruptcy protection, any causes of action previously by that #rson become the property of the bankrupt estate." (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, ICM.) Therefore, a Chapter 7 bankruptcy debtor lacks standing to bring suit on any pre-petbon claims. (...

Excerpt: ...t judicial notice of Plaintiff's DFEH complaint and right to sue letter. Judicial notice is granted under Cal. Evid. Code S452(c), which permits judicial notce of official acts. Furthermore, the court "My also consider material documents referred to in the allegations of the complaint." City of Port Hueneme v. Oxnard Harbor Dist. (2007) 146 Cal.App.4th 511.) The Complaint alleges that Plaintiff exhausted administrative remedies by filing her comp...

Excerpt: ...ly endured at the hands of Defendants. Plaintiffs contend that they (or at least counsel) were not aware of some of the conduct until Zachary Lear's deposition, which was taken at the end of July 2023. (Declaration of Annie Duong, '1 8.) Additional conduct in connection with the claim for wrongful evicton occurred in May 2023, with Defendants allegedly shutting off Plaintiffs' access to water and power. Plaintiffs' would not have been able to inc...

Excerpt: ...t in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. (C.C.P., 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 ...

Excerpt: ...to compel Plaintiff to provide further responses to special interrogatories 9-13, 22 and 25. He contends that despite meeting and conferring, Plaintiff has refused to supplement his responses. In Opposition, Plaintiff contends further response to 12-13 have been provided despite Defendant already having the information. He contends the remaining interrogatories are overbroad and any effort to meet and confer was not sufficient. As such, he conten...

Excerpt: ...outstanding discovery is substantial, the court prefers an outline. (Cal. R. Ct. 3.1345(b)(2).) Factual / Prc„cedural Context: Plaintiffs Jaime Ordaz and Xochitl Ordaz allege that they purchased a used 2017 Cadillac Escalade on 1/10/21 that came with an express warranty. Plaintiff alleges that the vehicle has defects in the engine, electrical, transmission and structural system defects. Plaintiffs filed this action on 8/20/21 for: (1) violation...

Excerpt: ... Motion to compel Further Responses to Special Interrogatories Nos. 10, 11, 12, 16, 17, 18 without objection is granted. Defendant's Motion to Compel Further Responses to Requests for Admission Nos. 1, 3, 6 and 8 is granted. Request for monetary sanctions against Plaintiff and his counsel of record in the amount of $1,460 is granted and payable within 30 days. Page 7 of 10 A party may bring a moton to compel further responses to interrogatories i...

Excerpt: ...s assertion, Defendant has demonstrated good cause. Plaintiff has asserted loss of earnings and earning capacity in his complaint. (Complaint 1117, 25, 33, 51, Prayer, 90.) Plaintiff has identified this in his responses to form interrogatory nos. 8.1-8.7. (Kadaba Decl. Ex. 8.) Plaintiff now has the burden to justify his objections. Personal financial information is protected by the privacy right. (International Federation of Professional & Techni...

Excerpt: ...05.20 of Title 4.5, Chapter 2 of the Code of Civil Procedure provides in part that: "A party to an action who asserts a real property claim may record a notce of pendency of action in which that real property claim is alleged. The notce may be recorded in the office of the recorder of each count in which all or part of the real property is situated." (Code Civ. Proc., 5405.20.) "As a practical matter, the filing of a lis pendens usually clouds th...

Excerpt: ...ation of a solar power system and solar utility shed that subsequently caught fire and damaged the property. Plaintiff alleges that it hired Defendants to install a solar power system on its property Imrated at 44047 Camino Gatllo in Temecula, California (the "Property"). (FAC 15—16.) On 4/17/23, Plaintiff filed the First Amended Complaint ("FAC") against the moving Defendants Clean Energy Storage Inc. and Ted Thomas ("Defendants"), as well as ...

Excerpt: ...1 Kilimanjaro Drive, Palm Desert. Bry was the sole managing member while Cosek was a member. Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely clai...

Excerpt: ...endants and people on their made false statements that Ryan Wicks owed Wicks Brewing Co., LLC and that the owner of Wicks Brewing Co, LLC was a murderer. The posts harmed Plaintiffs reputations and resulted in Wicks Brewing Co., LLC going out of business. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) defamation, (2) false light, and (3) negligence. This motion is brought by Bryan J. Boeldt an...

Excerpt: ...edural Context: Plaintiff Lino Parra ("Plaintiff") filed the complaint in this Lemon Law action on March 3, 2023 against defendants Saul Chevrolet, Inc. dba CardinaleWay Volkswagen ("CardinaleWay") and Volkswagen Group of America, Inc. ("VGA"). The complaint set forth three causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against VGA); (2) Violation of Song-Beverly Act — Breach of Implied Warranty (Against VGA)...

Excerpt: ...he court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) A demurrer, however, does not admit contentions, deductions, or conclusions of fact or law. (Daar v. Yellow Cab Co. (1967) 57 Cal.2d 695, 713.) If the complaint fails to state a cause of action, the court must grant the plaintiff leave Page 4 of 4 to ame...

Excerpt: ... 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 fts parts in their context. (Moore v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666,...

Excerpt: ...laint for: (1) violation of Song Beverly—express warranty; and (2) negligent repair. A. Summary of Arguments Defendant Ford Motor Company demurs to the 1st cause of action on the grounds it fails to plead facts sufficient. It relies on v. FCA US, LLC (2022) 77 Cal.App.5th 209, 225 that Plaintiff failed to plead he purchased a new vehicle, as Rodriguez states that Song Beverly only applies to new vehicles. Plaintiff submitted an opposition, whic...

Excerpt: ...to CCP 1019.5. This is a breach of contract case brought by Plaintiff Sergio Tellez for 1) foreclosure of mechanic's lien, 2) breach of written contract, 3) account stated, and 4) open book account against moving defendants David Snider, Snider Interests, LLC and Morongo Equity Partners l, LLC and other Defendants. Moving defendants filed a Cross-complaint against Tellez and Ræs 1 — 10) alleging two causes of action for 1) breach of contract (...

Excerpt: ...xually harassed her. Plaintiff overheard an accidental call from Palumbo making defamatory comments about Plaintiff. Thereafter, after Palumbo realized Plaintiff heard, he critiqued her and ultimately terminated her. She further alleges she was improperly classified as an independent contractor when she was an employee. Defendants CannAssist International Corp„ Xceptor, LLC and Electronic Servitor Publication Network, Inc. are all related compa...

Excerpt: ...innells" or "Petitioners") became charter members of Respondent The Hideaway Club, Inc. ("Club"), a non-profit mutual benefit corporation which is a golf club. The Club Board of Directors consists of the individually named Robert McDonald, Kim Robak, Keith Kinsel, Steve Howe, Gail Hamilton, David Bynres, and Tim Statton ("Individual Michael was the General Manager of the Club for 11 years. The Finnells allege they were members in standing until M...

Excerpt: ... recently named led Plaintiff to believe that the correct party was sued. On the other hand, evidence presented by Defendant shows, at least by October 2022, Plaintiff should have known of the true identity of Aaron Michael Splipich by way of Micahel Splipich's responses to discovery, in which he repeatedly asserted objections that he was not involved in the accident and pointed Plaintiff to refer to the Traffic Collision Report, which referenced...

Excerpt: ... vehicle that is still covered by the manufacturer's express warranty a 'new motor vehicle' within the meaning of Civil Code section 1793.22, subdivision which defines 'new motor vehicle' as including a 'motor vehicle sold with a manufacturer's new car warrantV?" (https ://su p reme.courts.ca .gov/sites/default/files/supremecou rt/default/2023-08/ pendi ngissues- civil%20- %20081823 1.pdf) Page 9 of 12 Factual / Procedural Context: Plaintiff Phys...

Excerpt: ...to amend following this motion, the Court shall vacate Plaintiff's motion to amend as moot. Factual / Procedural Context: Plaintiffs Gregory O'Connor ("O'Connor") and Tim T. Vasquez ("Vasquez") (together, Plaintiffs") filed the complaint (the "Complaint") in this acton on March 30, 2023 against Page 5 of 12 defendants Eastern Municipal Water District and Eastern Municipal Water District Facilities Corporation (together, "EMWD") and Commodity Truc...

Excerpt: ...which contained the forum selection clause at issue in this Motion. By this Motion, Defendant Coronis moves to dismiss the Complaint claiming the MSA on which is based contains a forum selection clause of Delaware. It contends under the MSA mandatory forum selection clause, the parties designated Delaware as the exclusive venue for any legal dispute arising under the MSA. It further asserts that enforcement of the forum clause is reasonable and w...

Excerpt: ...led nursing care facility ("SNF") and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC ("RCFE") ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. The Assignment provided that in the event CPA and Corona...

Excerpt: ...he Motion is DENIED. Sanctions are DENIED. Plaintiffs' Complaint is not directed at the act of Defendant's filing the unlawful detainer proceedings. Rather, is directed at Defendant's negligence since the inception of tenancy in 2020 (SITI 23—25); breach of the implied warranty of habitability by failing to maintain the Pro#rty in a safe and habitable condition, and by failing to comply with the Enforcement Department order of February 8, 2023 ...

Excerpt: ...he Demurrer is overruled. As to the third and fifth causes of action, the Demurrer is sustained without leave to amend. SCW"s motion to strike is denied. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of acton. C.C.P. 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 parts in their context. Moore v. Regents of univer...

Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation was added as Defendant Doe 1. Defendants Palfinger 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. Plaintiff alleges that at 1627 South Hargrave Street in Banning on October 24, 2019 he was injured by an Interlift liftgate model numbe...

Excerpt: ...ndants"), as well as Defendants Balcor, LLC and Sam Ostayan (the "Balcor Defendants"), alleging (1) breach of written contract, (2) breach of the covenant of good faith and fair dealing, (3) promissory fraud, (4) fraud—intentional misrepresentation, (5) fraud—negligent misrepresentation, (6) fraudulent transfer, (7) cancelation of instrument, Civ. Code S 3412, (8) specific performance, (9) intentional interference with contractual relations, ...

Excerpt: ...nd identify the name of the document in which the specific material objected to is located, state the exhibit, title, page and line number of the material objected to, quote or set forth the objectionable statement or material, and state the grounds for each objection. (CRC 3.1354(b)(1)-(4).) Plaintiff's objections are non-compliant as they are contained in the separate statement. Defendants' objections do not comply as they are objections to ent...

Excerpt: ...C on 9/26/23 and Jury trial on 11/17/23. The Court shall order Plaintiff to submit a default judgment packet to the Court within the next 30 days. The Court shall set an OSC re submission of default judgment on 11/17/23 at 8:30am. This shall be a nonappearance date if the default judgment is approved. Factual / Procedural Context: Plaintiff Lilly Miramontes alleges that on 5/28/19, she was attacked by a dog owned, maintained, possessed, etc. by D...

Excerpt: ... Documents pursuant to a subpoena for personal appearance and production. The Deposition was personally served on May 8, 2023 along with a $275 witness fee served on Elizabeth "Doe" authorized person at 86-625 Airport Page 6 of 12 Blvd., Thermal. The Deposition Subpoena requested that Deputy Ruiz produce at his deposition: 1. An unredacted copy of all Traffic Collision Reports regarding subject, Joseph Matthew Ficher, dob 07/30/1982, and the coll...

Excerpt: ..., if applicable, in these causes of action along with liability, defenses, and damages on the remaining cause of action fifth cause of action (fraud or deceit—promissory fraud), including liability for punitive damages, shall be determined in Phase II after the conclusion of the Orr Builders appeal; Phase Ill will involve determination of the amount of punitive damages, if applicable. Defendants move for a stay of this case pending resolution o...

Excerpt: ... overruled the demurrer on the basis that Plaintiff did not exhaust administrative remedies under CCP 5403.41(b). The court overruled the demurrer as to the first, second, fifth, and ninth causes of action. The court sustained the demurrer with leave to amend as to the eighth cause of action. Defendants bring the instant motion for reconsideration of the order overruling the demurrer. Defendants contend there may have been a "possible inadvertent...

Excerpt: ...he Motion is DENIED. Sanctions are DENIED. Plaintiffs' Complaint is not directed at the act of Defendant's filing the unlawful detainer proceedings. Rather, is directed at Defendant's negligence since the inception of tenancy in 2020 (SITI 23—25); breach of the implied warranty of habitability by failing to maintain the Pro#rty in a safe and habitable condition, and by failing to comply with the Enforcement Department order of February 8, 2023 ...

Excerpt: ...ted as a beneficiary of the Estate of Rodolfo Valdez, Jr., but that Matthew executed a Deed of Trust for the property located at 21195 Bentley Dr. Perris, California, falsely representing himself to be the Executor of the Estate and thereby wrongfully conveying the property to Defendants Jeremy Geng, Ceba Properties. On 2/23/22, Letters of Administration were issued in PRR12101884, in which Defendant was appointed as the administrator of the dece...

Excerpt: ...ty"). (Complaint, 4, 6-7.) Adam Schwartz ("Schwartz"), an agent/employee of Defendant, was retained by Dean Cook ("Cook") on behalf of Cook Capital to act as its real estate agent. (Complaint, "1 2, 8.) On 1/21/21, Balcor provided the required written seller's disclosures regarding the Property which indicated that a potential buyer, Hedgemon Real, LLC ("Hedgemon"), had filed a lawsuit (CVRI 200105) against Balcor regarding the Property. (Complai...

Excerpt: ...l 17, 2018, Defendants Jose Gaitan ("Ga-tan") and Maria Hagenah ("Hagenah") entered into a credit agreement with LIFPR for the purchase of lumber. Plaintiff contend that Gaitan and Hagenah formed alter ego business entities Lingus, Inc., JC Logistics International, LLC, Furniture Innovatve Designs, LLC and Woodply, LLC ("San Diego entities"), which all share the same address in San Diego, California, as well as Defendant Carpimat Del Noroeste, a ...

Excerpt: .... Plaintiff alleges that Reyna was distracted and driving at an unsafe S#ed for traffc conditions. Plaintiff alleges he sustained serious injuries and damages. Plaintiff filed his Complaint on 7/20/22 alleging two causes of action for motor vehicle and general negligence. *** Plaintiff, Martinez, brings these two discovery motions to compel further responses from Defendant, Lucky Air, Inc. (Lucky) to Form Interrogatories (Set One) [FRI No. 13.1; ...

Excerpt: ...ION TO COMPEL PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT NORCO TRUCK CENTER, INC. (SET ONE) BY GREY-CON CONSTRUCTION, INC. Tentative Ruling: With respect to the substantive portions of the motions to compel the Form Interrogatories and Requests for Admissions, the Court denies the motions to compel as moot. Per the opposition of Defendant Norco Truck Center, Defendant submitted responses to Pl...

Excerpt: ...located at 1415 Via Vallarta, Riverside, CA 92505 (the "Property"). (FAC "1 3, 9.) Amie purchased the Property in 2015 for $555,C03 with cash and a private loan of $45WN secured by a deed of trust ("2015 Deed of Trust"). (ld. at 11.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (ld.) Defendant Karen...

Excerpt: ...aintiffs are father and son who have brought this action against a solar equipment and energy provider whose sales representative allegedly misrepresented the terms and conditions of the contract for installation of solar panels on a private property in order to induce the execution of the contract. It is alleged that Plaintiff Philip Gittelman is a 92-year-old homeowner who was told by Defendants' sales rep, Mo Heaps, that the solar panels would...

Excerpt: ...wo) Nos. 1 through 3, the separate statement identifies RFPs 22, 23, 24, 25, and 26. Plaintiff moves on the grounds that Defendant did not submit proper response to these RFPs and therefore the court should compel further response. In opposition, Defendant asserts that the RFPs in question seek information protected by the attorney work product doctrine as codified at Code of Civil Procedure S 2018, et al., and as such are improper discovery. In ...

Excerpt: ... fact. As to notice, City has met its burden but Plaintiff has established a triable issue regarding notice. a. Trivial Defect Gov. Code S 835 sets out the exclusive conditions under which a public entity may be held directly liable for injuries caused by a "dangerous condition" of public property. (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1132.) A public entity may be held liable only if all of the following elements are satisfied:...

Excerpt: ...eaded, cannot be established, or that there is a complete defense to that cause of action. (CCP Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v. Atlantic Richfi...

Excerpt: ...]he nature of the right sued upon and not the form of achon nor the relief demanded determines the applicability of the statute of limitations under our code.' " (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22—23.) Thus, the court will follow Hensler and focus on the gravamen of each cause of action. 1. Song- Beverly, Breach of Express and Breach of Implied Warranties Commercial Code 52725 governs the applicable statute of limitations. (Mex...

Excerpt: ...de, S 9000(a) defines a creditor's claim as follows: "Claim" means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the decedent, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the decedent's death, whether assessed before or after the decedent's death, other than property taxes and assessme...

Excerpt: ...ber 3. Defendants assert that the Court should strike these portions of Plaintiff's Complaint because there are no material allegations of fact sufficient to support punitive damages. The Court agrees. Code of Civil Procedure section 436, subdivision (a), provides that a court may "[s]trike out any irrelevant, false, or improper matter inserted in any pleading." In ruling on a motion to strike, the allegations in the complaint are considered in c...

Excerpt: ...) intentional tort— assault (against Kauvaka); (3) negligence (against Raincross); and (4) assault and battery (against all Defendants). Plaintiff sought damages for loss of earnings and loss of earnings capacity, among other things. Plaintiff owns his own advertising and marketing business, 951 Promotions, Inc. in which he is the president. (Def.'s Notce of Lodgment, Ex. 1.) Plaintiff claims that he lost at least $25mo in income as of 3/12/202...