Excerpt: ...” notwithstanding the s tay. (CCP §425.16(g).) The court should allow reasonable and specified discovery “when evidence to establish a prima facie case is reasonably shown to be held, or known, by defendant or its agents and employees.” (Lafayette Morehouse, Inc. v. Chronicle Pub lishing Co. (1995) 37 Cal.App.4th 855, 868.) To show good cause, however, plaintiff must make a prima facie showing at least as to the elements of the claim for ...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ...unlawful sexual conduct against Plaintiff, to meet the extended statute of limitation pleading requirements of CCP § 340.1(c). (FAC Paras. 26 -28,30.) The FAC alleges that Sharp groomed Plaintiff while attending bible study at Sharp's home, that the Defendant church el ders saw Sharp follow Plaintiff into and out of a single person bathroom unsupervised for extended periods of time, and failed to investigate, terminate or take any actions agains...

Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...

Excerpt: ...fication inspection on the sub ject vehicle and advertised the vehicle for sale as “certified. (Id., ¶¶ 6, 7.) The vehicle came with Defendant's 90 -day or 4,000 miles express warranty. (Id., ¶ 13.) At the time of sale, Defendant's employee Daniel Lomeli (“Lomeli”) gave Plaintiff the Cer tified Inspection Report, which stated that the air conditioning system had been thoroughly inspected, that the evaporator met Defendant's standards ...

Excerpt: ...February 2, 2023, this court heard and sustained all three causes of action in Plaintiff's First Amended Complaint alleging for 1) cancelation of written instruments, 2) quiet title, and 3) declaratory relief and granted Plaintiff leave to amend. Page 4 of 8 Thereafter on February 16, 2023, Plaintiff filed a Second Amended Complaint alleging the same three causes of action for 1) cancellation of written instructions, 2) quiet title, and 3) decla...

Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...

Excerpt: ...tes. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pr...

Excerpt: ...FMC), (2) Violation of Civ. Co de § 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code § 1793.2(a)(3) of Song -Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement – Concealment (against FMC); and ( 6) Negligent Repair (against Palm). Plaintiff alleges that, on March 28, 2023, he entered into a warranty contract regarding a 2023 Ford F150, which was manu...

Excerpt: ...ed by the econ omic loss rule. However, the court sustained, with leave to amend, as to the fraud cause of action on the grounds that the Complaint did not plead with specificity, but rather only conclusory statements. As the concealment was based on providing false or i ncomplete statements, the court found that the pleading must at least set forth the substance of the statements at issue, which it did not. Defendant Ford Motor once again demur...

Excerpt: ... 8:30am. A ll sides are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context Plaintiff Zohair Mesrizadeh dba VIP Style Constructions (“VIP Style”) filed the original complaint in this action on February 23, 2023 and the first amended complaint (“FAC”) on July 20, 2023 against defendants Abdallah Nazmi Abu -Samrah (“Abdallah”) and Reham Shaath (“Shaath”) (together, “Defendants”). T...

Excerpt: ...as shopping at Defendant 's store when she tripped on an unmarked and/or unsecured lumber and/or similar item on a cart, causing her to fall and sustain injuries. (Compl. ¶ 8.) On December 28, 2021, Defendant filed its Answer, denying each and every allegation in the Complaint an d asserting affirmative defenses based on the fact that Plaintiff's injuries/damages were caused by the negligence and fault of someone other than Defendant, and the c...

Excerpt: ...Code §§ 1601 and 1602. In the FA C, Plaintiff alleges that, at all times relevant to his claims, he was a director (CEO) and 12.195% shareholder in Fleetwood. (FAC at ¶¶ 1, 7, 21.) Although the board of directors of Fleetwood attempted to remove him as a director on February 11, 2022, Fle etwood filed its Statement of Information with the Secretary of State on July 7, 2022, and identified him as a director at that time. (FAC at ¶ 8, Ex. A....

Excerpt: ...that the Defend ants contacted her “sometime after October 25, 2023, and prior to their due date to respond to the complaint . . . to confirm that I was handing the response to the complaint pursuant to their insurance policy with Generali Global assistance,” but that def ault was entered before the insurance carrier could fully assess coverage and retain defense counsel. (Rivas Dec., ¶¶ 4, 5.) There is no declaration by any of the defenda...

Excerpt: ...ocedural Context Plaintiff, Gavin Ferreira, a minor, by and through his Guardian Ad Litem, Joseph Ferreira, alleges that on 8/28/22, when he was eight years old, he was at Defendant, Barnes Ventures, LLC dba Jump N Jammin in Moreno Valley, which is an indoor c hildren's amusement center. Plaintiff was playing in the jungle gym when he fell forward and struck his mouth on an exposed beam of the play structure sustaining severe injuries to his mout...

Excerpt: ...ffice manager. The complaint sets forth claims for breach of contract and common counts based upon a written contract for collection services (the “Contract”). Plaintiff seeks $5,828.02 in alleged unpaid fees. The Contract includes a forum selection clause requiring that any dispute be litigated in Superior Court of California for Los Angeles County, Riverside County or Orange County. Defendant now moves to dismiss for lack of personal jurisd...

Excerpt: ...ited to the documents used in connection with Plaintiffs' claims; and Nos. 28, 32 -33, and 36, with the requests limited to documents used by GM to determine whether to make a prelitigation offer to repurchase Plaintiffs' vehicle, and what to include in that offer. De nied as to the remaining RFPs. Deny the request for sanctions. The documents are to be produced within 30 days of this order. Factual and procedural background: On 3/6/23, Plaintiff...

Excerpt: ... Belinda Addo (“Addo”) and BAWJ Medical Services, Inc. (“BAWJ”), as nominal defendant, in a related case (Case No. CVRI2202879), alleging judicial dissolution, breach of fiduciary duty, breach of contract, conversion, embezzlement, and cancellation of instrument (hereinafter “Addo matter”). On October 26, 2023, Plaintiff filed a Complaint in the instant action against Defendants Jean La Fontant (“Fontant”), BGM Medical Services,...

Excerpt: ...ently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs.” (Id.) Hearing on this matter is continued to 3/27/24 at 8:30 a.m., Dep artment 5 to allow Defendant to provide information to support his assertion that he is indigent. Factual and procedural background: This matter went to trial in July 2023....

Excerpt: ...tion. Plaintiff has not addressed the deficiencies identified in the Court's ruling on the prior demurrer. In ruling on the demurrer to the First Amended Complaint, the Court finds that it did not sufficiently plead facts to support an inference that EMC had the re quisite intent, or facts from which could reasonably infer that they denied, or withheld Marshall's care by way of oppression, fraud, or malice, or extreme recklessness. The Court e...

Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...

Excerpt: ...al/Proced ural Context On August 9, 2023, Plaintiffs Gregory Franklin Hearn and Pamela Sue Hearn (“Plaintiffs”) filed their initial Complaint against Defendants Ford Motor Company (“FMC”) and Palm Springs Motors Inc. (“Palm”) (collectively, “Defendants”), alleging (1) violation of Civ. Code § 1793.2(d) of Song -Beverly Act (against FMC), (2) violation of Civ. Code § 1793.2(b) of Song -Beverly Act (against FMC); (3) violation of...

Excerpt: ...est in the property to Gerardo and Manuel by Interspousal Transfer Grant Deeds. Nonetheless, it is alleged that Maria made regular payments until February of 2021 when, due to a third party's fraudulent actions, her bank account used to make payments was frozen for four months. She continued to make payments using money orders, but Defendants claimed they did not receive them and initiated foreclosure proceedings. Plaintiff requested a loan modi�...

Excerpt: ...ors-in -interest to Joseph Thomas Tracy IIV (“Decedent”) filed the operative third amended complaint (“TAC”) on November 9, 2023 against defendant the City of Riverside, the City of Hemet, Hemet Police Department Sergeant Paez #10459 (“Sergeant Paez”) and Riverside Police Department Detective Kerr #1697 (“Detective Kerr”) (collectively, “Defendants”). Plaintiffs allege that on January 18, 2022. On January 18, 2022, Decedent w...

Excerpt: .... Factua l / Procedural Context Plaintiff Analia Lenchantin (“Plaintiff”) filed her initial Complaint against Defendant Revive Contractors Group, LLC on January 12, 2023, and her operative First Amended Complaint (“FAC”) on March 28, 2023, against Defendants Reviv e Contractors Group, LLC (“RCG”), Victor Trejo (“Mr. Trejo”), and Victor Staforelli (“Mr. Staforelli”), alleging fraud, negligence, and breach of contract. On June ...