Excerpt: ...operty and general negligence. In the Complaint, Plaintiff alleges that on 8/21/22, he was riding his electric scooter on Elder Avenue, a public roadway, near the McDonalds located at 12371 Perris Boulevard, Moreno Valley, California, and fell due toa large pothole in the street. (Complaint at 6, 15.) The pothole was approximately 2 inches deep at its deepest point, with jagged and uneven edges and elevation changes throughout the hole, and it cr...

Excerpt: ...eeidence OPCO, LLC dba Riverwalk Post Acute ("Riverwalk"), Providence Group of Southern California, LLC, and Providence Group, Inc. ("Defendants"), asserting causes of action for elder abuse, violation of Health & Safety Code S 1430(b), wrongful death, and negligence per se. In the Complaint, Plaintiffs allege that Anna Almaraz ("Decedent") was a dependent adult who was involved in a motor vehicle accident in July 2021, that resulted in her being...

Excerpt: ...iled on 10/3/23 alleges the following causes of action: (1) negligence; and (2) negligence per se. Defendant seek to strike the portion of the Complaint that allege punitive damages on grounds the allegations are insufficient. Legal authorities and analysis: Pursuant to CCP Section 436, the court is permitted to: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not d...

Excerpt: ...pert designation by adding Minho Yu, M.D., who was the attending physician of Plaintiff from the date of his stroke. (Declaration of Jeff Grotke ["Grotke Decl."l, 4.) Plaintiff's motion is accompanied by the declaration of his counsel, Jeff Grotke, who explains that Minho Yu, M.D. was retained by Plaintiff since submitting his expert witness list to give his expert opinion at trial. (Ibid.) Counsel also explains that, for reasons unknown, at the ...

Excerpt: ...e moving Declaration of Mark Blanchette, who earned a Ph.D. in Biokinesiology with specialization in Biomechnics and has experience with premises liability accidents, etc. (See Ex. I to moving Compendium of Exhibits.) The evidentiary objections are based on lack of personal knowledge (Ev. Code SS 702, 800), and improper expert opinion (Ev. Code S 803.) For example: Objection No. 1 to entire Blanchette Declaration. As to lack of personal knowledge...

Excerpt: ...ssive or capricious and does not indicate the likelihood that violations would be proven to have been knowing and intentional. The discussion is not sufficient and does not help the court in its evaluation of whether the Settlement is reasonable. • S A.4.a-d — Plaintiffs are each settling their individual claims for a cash payment $2,500 (in addition to their requested service fee of $5,000). There is no information in any of the accompanying...

Excerpt: ...) In March 2022, Defendant Sarah Franco ("Ms. Franco") was appointed Director of Procurement and Fleet. (ld. at '1 12.) Under Ms. Franco's leadership, Plaintiff allegedly noticed a negative change in her treatment, as well as that of Procurement Services Officer Lydia Bell ("Ms. Bell"), both of whom are Black women. (ld.) During her tenure, Ms. Franco allegedly treated Black employees differently from other non-Black employees. (ld. at 12—13.) ...

Excerpt: ... and (3) declaratory Page 6 of 9 relief. Caliber seeks to quiet title its security interest under a deed of trust to that of West Coast which Caliber contends is subordinated to its deed of trust, and a judicial declaration that West Coast has no right, estate, title, lien or interest whatsoever in the subject property that is superior to that of Caliber. Caliber's claim of superior security interest is based on the doctrine of equitable subrogat...

Excerpt: ...fees plus $60 filing fee against Defendant and counsel, which amount the court finds reasonable. Factual and procedural background: Plaintiffs purchased a 2020 Honda Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant"). Plaintiffs allege Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant") was unsafe with recurring e...

Excerpt: ...here was no causal connection between the treatment provided by Branuelas and the collapse of the headrest. (ld at '1 32.) This opinion was based, in part, on records showing that Dr. aranuelas had no notice of any imminent failure of the headrest support mechanism at any time prior to the incident. (ld at 28.) Defendant Young testified that he regularly inspected the chiropractic table on first day of each month, including April 1, 2021. (Deft. ...

Excerpt: ... deemed the prevailing party. Plaintiff now moves for an award of attorney's fees and costs in the total amount of $58,586.28, which includes: (1) a lodestar of $33,914.50; (2) $6,000 for anticipated fees for reviewing opposition, drafting reply and appearing at the hearing on this matter; (3) a 1.35 multiplier in the amount of $11,870.07; and (4) $6,801.71 for litigation costs. GM opposes the motion arguing that the billing is excessive or fabri...

Excerpt: ...Gregory Nylen, which the court rules on as follows: 1. SUSTAIN 2. OVERRULE Here, Plaintiff's claims fall into two categories—individual and derivative. Plaintiff's individual claims are clearly covered by the Arbitration Agreement. As to the derivative claims, it is well established that the initiator of a derivative suit "stands in the shoes" of the company whose rights such person seeks to enforce, and "[t]he causes of action do not belong to...

Excerpt: ...ce—including its prominent mutual arbitration clause—on four (4) separate occasions before the accident alleged in the Complaint. The claims she now purports to bring against Lyft arising out of her use of rideshare services arranged via the Lyft platform fall squarely within the scope of that agreement. Therefore, Defendant asserts that this court should therefore enforce the parties' agreement by compelling Plaintiff to arbitrate her claims...

Excerpt: ...rt on December 1, 2023. An abstract of judgment was issued on December 5, 2023. Defendants argue that the judgment entered on November 29, 2023 is not final because post-judgment motions are pending and the judgment may be appealed. These arguments are not persuasive or supported by law. A money judgment that requires payment of money is enforceable against all property of the judgment debtor. (Code Civ. Proc., SS 681.0110(a), 695.010(a).) "In or...

Excerpt: ...Mark W. Flory ["Flory Decl."l at 94, Ex. 1; Opposition, p.3: 10-12.) On October 3, 2022, Plaintiff filed a Doe amendment adding Decedent's estate as a Doe #1. On January 25, 2023, Plaintiff filed a Doe amendment adding Defendant, Maria Lidia Cardoza aka Maria Lidia Pineda ("Defendant"), Decedent's spouse, as Doe #2. On August 18, 2023, the Court granted Plaintiffs motion for leave to file a First Amended Complaint ("FAC"). On August 21, 2023, Pla...

Excerpt: ...lot warranted and distributed by AHM. A Complaint was filed on October 5, 2022 and a First Amended Complaint on October 26, 2023 alleging: (1) Violation of Song-Beverly Act — Breach of Express Warranty; and (2) Fraudulent Inducement — Concealment. The gravamen of the pleading is that the subject vehicle was delivered to Plaintiffs with defects and conformities to warranty that substantially impaired the use, value, and/or safety of the vehicl...

Excerpt: ...eory of liability in the motion for summary adjudication that was not alleged in the Complaint. (See Hutton v. Fidelity Nat'l Title Co. (2013) 213 Cal.App.4th 486, 493.) GRANT Motion for Summary Adjudication of the First and Second Causes of Action For Direct Negligence. Defendants move for summary adjudication of the first cause of action for negligence and the second cause of action for negligent hiring, training and supervision, arguing that t...

Excerpt: ... a deterioration in their business relationship. In 2019, Carrick sued Gonzalez for breach of express and implied pool agreements, declaratory relief, and breach of support contract in case PSC1901644. In 2020, the parties resolved the action via a written settlement agreement and voluntarily dismissed the lawsuit. In 2022, Carrick sought to vacate the dismissal and enforce the settlement agreement under Code of Civil Procedure section 664.6. The...

Excerpt: ... 2023, along with allegations pertaining to punitive or exemplary damages. "[A1 moton to strike is generally used to reach defects in a pleading which are not subject to demurrer." (Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342.) A motion to strike may be brought to strike the portion of a pleading on the grounds that that pleading contains "irrelevant, false, or improper matter" or "not drawn in conformity with Californ...

Excerpt: ...e" under the Act because the vehicle had been previously owned by Enterprise Rent- A-Car as a GM commercial fleet vehicle, for which GM issued a fleet vehicle warranty. Generally, the remedies available under Song-Beverly do not extend to a purchaser of a used vehicle bought from a third- party dealer. (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 924.) In Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, the Court of Appeal concluded t...

Excerpt: ...raudulent concealment cause of action. The facts of this case a very similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828. Here, Plaintiff alleges engine defects (Complaint; Paras.ll and 60), exclusive knowledge (Paras.61-62), active concealment (Paras.62-63), allegations that Plaintiff would not have purchased the vehicle had she known of the defect (Paras. 64-65), and damages (Para.56.) These allegations are sufficient for ...

Excerpt: ...tition (the "Petition") in this action on March 19, 2021 and the operative first amended petition ("FAP") on April 22, 2021 against respondent City of Palm Springs (the "City"). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within the City. (FAP, '1 13.) Petitioner seeks to stop the installation of a 26-foot tall statute of Marilyn Monroe — the Forever Marilyn statute —...

Excerpt: ... the Complaint on June 11, 2020, alleging negligence and premises liability. Trial in the matter was originally scheduled for October 5, 2022. The Court granted Defendant's ex parte application to continue trial, and continued trial to June 16, 2023 with all statutory and pre-trial deadlines to be covered by the new trial date. On April 27, 2023, the parties timely designated experts. The parties subsequently noticed expert depositions, but the p...

Excerpt: ...81 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular traffic. Defendants Magnolia Partnership and Realm Real Estate, LLC are currently developing 450 residential units that would elimi...

Excerpt: ...Ciletti filed the instant action against Defendants Rheem Manufacturing, The Home Depot lnc, 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...

Excerpt: ...ranted by Defendant General Motors, LLC ("GM"). Along with the purchase of the Vehicle, GM expressly warranted to fix or repair any defects in workmanship or materials for three years or 36,000 miles under the bumper to bumper warranty and five year or 60,000 miles under the powertrain warranty. (FAC '1 9.) Shortly after purchase, Plaintiff began to experience significant problems with the Vehicle's transmission. Plaintiff brought the Vehicle in ...

Excerpt: ...the cause of action for dangerous condition on public property (Gov. Code, #810 et seq.) under the doctrine of primary assumption risk. Once the burden shifted to Plaintiff, she failed to meet her burden of producing evidence to show that a triable issue of one or more material facts exists as to the City's defense. EVIDENTIARY OBJECTIONS TO THE DECLARATION OF BRAD P. AVRIT: Overrules as to #1 Sustained as to #'s 2-7 "A defendant moving for summa...

Excerpt: ...ir reply. As the defects these objections are directed to are easily fixable (and if remedied, the expert declaration is likely sufficient to create a triable issue of material fact), the motion is continued to allow Plaintiff to submit the necessary evidence to properly support her expert's opinion. A. General Objection to Plaintiff's Declaration Defendants first raise a general objection to Plaintiff's declaration, in which she disputes certain...

Excerpt: ...e payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non-payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint for: (1) breach of written insurance contract; (2) breach of covenant of good faith and fair dealing; (3) intentional misrepresentation; (4...

Excerpt: ...ltes, on the grounds that it was improper, not supported by the facts, and the result of due process violations by the City. Petitioner's Opening Brief Petitoner argues that the amount of tax assessed by the City, including interest and penalties, was improper, not supported by the facts and violated its due process rights. Specifically, Pettioner argues that the City's decision and the hearing was conducted under the wrong provision (i.e., PSMC ...

Excerpt: ...les of justice and equity ... paths neither marked no traceable by judicial review." (Moncharsh v. Heily & Blase (1992) 3 cal.4th 1, 11; Noguerio v. Kaiser Found. Hospitals (1988) 203 cal.App.3d 1192, 1195.) Courts will not review the validity of the arbitrator's reasoning or the sufficiency of the evidence supporting the arbitrator's award. (Moncharsh v. Heily & Blasé, supra, 3 Cal.4th at 12-13.) By agreeing to arbitration, parties agree to bea...

Excerpt: ...) AND REQUEST FOR SANCTIONS IN THE AMOUNT OF CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. PLAINTIFF CHRISTINE WACHIURI'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF DEFENDANT COLUMBIA RIVERSIDE, INC. TO PLAINTIFF'S REQUEST FOR ADMISSION (RFAS), SET ONE, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $2,901.90 ...

Excerpt: ...Plaintiffs Ruben Vega and Rosalie Vega ("Plaintiffs") allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On November 29, 2022, Plaintiffs filed their complaint against Defendant General Motors, LLC ("Defendant" or "GM"): (1) breach of implied warranty of m...

Excerpt: ...P 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, and that he had the legal power and right, without the need for ...

Excerpt: ... when it vacated the leased premises without notice, failed to pay rent for the balance of the lease, and failed to mediate in compliance with the terms of the lease. The Complaint further alleges that Defendant defrauded Plaintiff when it promised to pay rent for the duration of the lease, promised to mediate disputes, and made other promises without any intention of performance and with the intent to defraud and induce Plaintiff's reliance. Fur...

Excerpt: ...t and 2nd causes of action, as alleged against Dr. Darnell, with 30 days leave to amend. 2. The motion to strike is moot as to punitive damages and attorneys' fees associated with the 1st and 2nd cause of action, as against Dr. Darnell. However, since 30 days leave to amend is granted for the demurrer, counsel can reallege punitive damages if there are facts supporting the 1st and 2nd cause of action. However, the motion is granted as to punitive...

Excerpt: ... (second) motion to bifurcate the trial and have this issue heard first before the liability and damages phases. Defendants seek an attorney fee award of $2,356,513. Defendants contend this amount is reasonable given the extent of the litigation in this case and in light of GTOK's eight-figure damages claim. Thirty-eight individuals were deposed in this action individually, resulting in a total of fifty-seven deposition transcripts. Defendants no...

Excerpt: ...r Complaint on September 19, 2022. Defendants demurred to the Complaint on May 31, 2023, to which the court the court, on July 12, 2023, sustained with leave to amend. Thereafter, on September 1, 2023 Plaintiff filed a First Amended Complaint. Plaintiff's FAC alleges 4 causes of action for 1) Breach of Contract, 2) Fraud, 3) Conversion, and 4) UCL violations. Before either Defendant filed a response to the FAC, Plaintiff filed this motion seeking...

Excerpt: ...rm (collectively "Dorrvs") as a full-time non-exempt hostess and waitress. In November 2021, Plaintiff informed Solis of her pregnancy, whose response was to the effect of "how stupid could you be? You're only 21, you're going to ruin your life!" Beginning in January and continuing into February 2021, Solis commented on Plaintiff's "size," telling her that she was "waddling" and needed to move faster. Plaintiff also did side-work babysit-tng Soli...

Excerpt: ...n 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. Decedent's parents Plaintiffs Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg ("Plaintiffs") filed their Complaint on March 15, 2022. They assert nine causes of action for: (1) Ne...

Excerpt: ...e the initial filing fee is the only amount that has been properly documented. Defendants argue fees to download copies of documents from the court are not recoverable because they are not filing or motion fees. In Opposition, Plaintiff provides invoices to support the following costs: 1. Legal Lawgic eFiling (11/1/23): $43.70 2. Legal Lawgic eFiling (10/26/23): $43.70 2 Even if the Court was inclined to find that Defendant's had met their burden...

Excerpt: ...Court (1999) 75 Cal.App.4th 169, 177.) It is irrelevant whether plaintiff had the means to obtain such knowledge when the complaint was filed, or even if the plaintiff was negligent or failed to exercise reasonable diligence in not discovering the defendant's identity or liability earlier. (See McGowen v. Grossman (2007) 153 Cal.App.4th 937; General Motors Corp., supra, 48 Cal.App.4th at 596; Grinnell Fire Protection System Co. v. American Sav. &...

Excerpt: ...ots once after the subdivision of the property. Plaintiff alleges that in approximately eighteen years following the agreement, Defendants have taken little to no action to comply with the terms of the agreement and develop the property. The complaint was filed on 9/21/22 and alleges causes of action for 1) Breach of Contract; 2) Breach of Duty of Good Faith and Fair Dealing; 3) Elder Abuse; 4) Declaratory Relief By this Motion, Defendants seek t...

Excerpt: ...(2001) 25 Cal.4th 826, 855.) The California Supreme Court has held that the conduct of teachers who sexually molest students under their supervision will not be imputed to school districts to permit recovery by injured students from the employing districts under the doctrine of respondeat superior. (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447-52; Kimberly M. v. Los Angeles Unified School Dist. (1989) 215 Cal.App.3d 545, 547-...

Excerpt: ...otion to Strike Plaintiff's Complaint Pursuant to the anti-SLAPP Statute Code of Civil Procedure S 425.16 ("the ant-SLAPP Motion") in fts entirety without leave to amend. As a result, Plaintiff's Complaint for (1) retaliation for exercise of rights, and (2) California Family Rights Act retaliation was stricken, as were the claims for punitive damages and other relief Plaintiff. As a prevailing defendant on an ant-SLAPP Motion, pursuant to Code of...

Excerpt: ...laim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Gov. Code S 911.2.) If a plaintiff fails to file a government claim within the six- month period, he or she may apply to the public entity for permission to file a late claim. (Gov. Code S 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the accrual of the cause of action. (Go...

Excerpt: ...at occurred on July 17, 2019. Plaintiff Jerry Cradduck alleges that he suffered serious skin and respiratory injuries caused by excessive chemical levels in the spa at the Embassy Suites Palm Desert. Plaintiff sued the hotel operator and franchisee, EHT ESPD, LLC ("EHT") and the parent company of the franchisor, Hilton Domestic Operating Company, Inc. ("Hilton"). Liberty Mutual Insurance Company (together with EHT, "Liberty") intervened in this a...

Excerpt: ...e town car collided with a Dodge Ram. Denise Monroe claiming numerous physical injuries, including headaches, post-concussion syndrome, numbness in extremities, back pain, hip pain, and a neurocognitive disorder. Plaintiff Denise Monroe previously appeared for independent medical examinations (IME) with orthopedic surgeons Michael Weinstein and Nicholas Rose to address her various orthopedic issues. Defendants served an initial demand for IME wit...

Excerpt: ...cation wages, unreimbursed business expenses, waiting time penalties, late payroll penalties, and other damages. An administrative hearing occurred and the Hearing Officer found that Plaintiff failed to establish her claims as to Kim, Cho, and Ko. She found that Plaintiff's claims had merit as to and awarded Plaintiff $160,345.16. She found that out of this amount, Chung was jointly liable for $156,605.46. Plaintiff filed a Request that Clerk Ent...

Excerpt: ...merit as Plaintiff cannot establish the element that DGSA was an owner, lessor, manager, or possessor with any control to place any safety barriers to protect spectators of the softball field. Defendant also met its initial burden of producing evidence to show that it has a complete defense to the cause of action for premises liability under the doctrine of primary assumption risk and exculpation provisions contained within the waiver contract si...