Excerpt: ..., set one, nos . 1-70. He contends Defendant provided boilerplate objections, and refused to produce any documents related to repurchase policies, or knowledge of the defect. He argues the claim are relevant to Song -Beverly penalties and fraud claim. He requests sanctions of $3,220.00. Defendant opposes the motion on the grounds that this is a basic lemon law case and is not entitled to information other than Plaintiff's vehicle. It argues Plain...

Excerpt: ... bins at 9:30 p.m. on 3/7/21 where he opened the trash bin gate, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defenda nts, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premise...

Excerpt: .... Binuya suffered a massive blood loss and had to be transported to the hospital. There must be more than the failure to provide proper medical services to describe a caretaking or custodial relationship. “[C]laims under the Elder Abuse Act are not brought against health care providers in their capacity as providers but, rather, against custodians and caregivers that abuse elders and that may or may not, incidentally, also be health care provid...

Excerpt: ...usiness with their brother def endant Mazen Jawdat Hantuli (“Mazen”) for thirty years at 6111 Quail Valley Court (“property”) in Riverside and that they each own equal shares of the property and inventory. The business they conducted was car business and there are numerous cars remainin g on the property, along with related tools, car lift, spare parts, compressors, and a pressure washer. The business is now closed and plaintiffs allege t...

Excerpt: ...14/23, and filed a late claim on 7/24/23. They inadvertently missed the deadline as counsel mistakenly filed the claim with the City of Riverside rather than the City of Beaumont. Respondents oppose. The court continued this hearing for further briefing on 1/25/24 after review of Petitioner's initial petition and reply; and Respondent's opposition and objections to the declarations filed in reply. In supplemental opposition, Respondents conte...

Excerpt: ...t (FAC) and/or fails to attach a copy of the agreement as an exhibit to the FAC. Since Plaintiff has not adequately pled a contract between the parties, so too does the cause of action for breach of the covenant of good faith and fair dealing fail. On fraud, Plainti ffs allege that Defendant misrepresented that the vehicle they rented was legally allowed to be driven by them, when in fact, it had been reported stolen and thus could not legally be...

Excerpt: ...g to revoke access to Los Corralitos Road and by erecting fences to block access to the Property. (SAC, ¶¶ 71 -73.) Plaintiffs further allege that Defendants' intentional acts have dissuaded buyers from purchasing the Property, that Defendants are attempting to “extort” a low price for the Property from the Lopezes and that Defendants' devaluation scheme has resulted in a total loss to the Lopezes of $1,275,000. (SAC, ¶¶ 74 -81.) However,...

Excerpt: ... the bas is of the alleged deficiencies in the subject pleadings. Plaintiff shall provide legal support for its position that the pleadings are legally sufficient or, in the alternative, how they may be further amended to cure any legal insufficiencies. After meeti ng and conferring, Defendant shall, 10 days before the continued hearing date, set above do one of the following: (1) vacate the hearing on the demurrer and motion to strike; (2) fil...

Excerpt: ...On September 20, 2 022, Plaintiff filed his Judicial Council form complaint alleging two causes of action: 1) premises liability; and 2) general negligence. *** Defendants now demur to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action and is uncertain. (C.C.P., § 430.10(e), (f).) Defendants argue Plaintiff alleges “Defendants paid Plaintiff to execute a task on their premises which they knew or sh...

Excerpt: ...ustees of th e Stanger Family Trust (owners of the premises) and James Parker (tenant of the premises). On December 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court so ught to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and ...

Excerpt: ... Legend ary Group International for damages of $504,000 and the order of default judgment on June 9, 2023 against R&D Foundation, LLC for $800,000 is vacated. The May 26, 2023 order granting Plaintiffs' motion for an order deeming facts admitted and the formal or der entered into the record on June 2, 2023 is vacated. The January 24, 2024 order granting Plaintiffs' motion for summary adjudication, and the formal order entered into the record on J...

Excerpt: ...n Decemb er 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court sought to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and waste. County now moves for a preliminary injunction prohibiting Defendants and all of Defendants' agents...

Excerpt: ...eaning of hazardous material (“Haz Mat”) that was never requested, authorized, performed or necessary. Page 4 of 7 On October 5, 2023, Plaintiffs filed this qui tam action alleging Defendants violated Penal Code, § 550 and Insurance Code §  1871.7 (Insurance Frauds Prevention Act). *** Defendant Fire Recovery USA, LLC (“ Fire Recovery”) now demurs to the complaint arguing it fails to state facts sufficient to constitute a cause of ac...

Excerpt: ...e of motion must state in the opening paragraph the nature of the of the order being and the grounds for issuance of the order. “A basic principle of motion practice is that the moving party must specify for the court and the opposing party the grounds upon which that party seeks relief… As a general rule, the trial court may consider only the grounds stated in the notice of motion.” (Luri v. Greenwald (2003) 107 Cal. App. 4th 1119, 1125.) ...

Excerpt: ...ertain specifie d terms and conditions. (CCP § 2025.420 (b)(1), (9), (10).) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.420(a).) A party seeking a protective order must show good cause for issuance of the order by a preponderance of the ev idence. (Stadish v. Sup. Ct. (Southern Calif. Gas Co.) (1999)71 Cal.App.4th 1130, 1144.) The issue in the present case involves the priority of expert discovery. While there ...

Excerpt: ...Michael Dacolias (the “E state”) for purposes of keeping the business of ERC afloat and running. In July of 2023, Karl Anderson was appointed as the General Administrator of the Estate. On September 19, 2023, Plaintiffs filed a Complaint against Defendants Karl Anderson in his capacity as Administrator of the Estate of Michael James Dacolias; ERC; Richard Neate; and Linda Neate aka Linda Wirsig. The Complaint alleges causes of action for: (...

Excerpt: ...f modular homes. He work ed at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). Skyline contracted with Defendants Atlas Copco Compressors, LLC and Atlas Copco Compressors (collectively “Atlas”), as well as Buds Air Compressor Company (“Buds Air”) (collectively with Atlas “Defendants”), for the purchase and installation of products, including an air tank, to be used at the jobsite. Pl...

Excerpt: ...e substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). [See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 CA4th 976, 978- 979, 56 CR2d 16, 17-18] By statute, “(w)hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters in issue in the actions; it may or...

Excerpt: ...se where in Plaintiff alleges that he rendered $260,000 worth of plumbing services on a construction project for Defendants who also requested Plaintiff to spend an additional $ 117,000 on materials. Plaintiff alleges Defendants have refused to pay him for his services and the materials. The second amended complaint (“SAC”), is the operative pleading and asserts the following causes of action: 1. Breach of Oral Contract; 2. Work, Labor and Ma...

Excerpt: ...erce Trade, LLC (ECT) entered into a Promissory Note wherein ECT agreed to pay ECL the principal amount of $2,500,000 at 7% interest annually, with the first monthly payment of $29,661.98 due on 9/15/15, and continuing on the 15th of each successive month for ten years wh en all principal, and interest would be due. In December of 2016, Plaintiff, ECL, notified Defendant, ECT, in writing that it was in default under the ECL Note. The failure to...

Excerpt: ...oe 1 in the c ity of Corona, where he was working as a construction worker. Plaintiff alleges that Defendant Robertson Ready Mix, Ltd. (“Defendant”) employed Doe 1 with foreknowledge that he was a dangerous person with a propensity towards violence. Plaintiff alleges th at Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. As a result, Plaintiff allegedly suffered injuries to...

Excerpt: ... if needed, w ithout objections within 30 days of service of notice (CCP § 2031.310). Motion is denied as to RPD No. 24 and RPD No. 30 is limited to other vehicles of the same year, make and model. Moving party to provide notice pursuant to CCP § 1019.5. Plaintiff, Jose Fabian Hernandez, Jr., alleges that on 7/23/22, he purchased a 2022 Land Rover Range Rover, which was a certified pre -owned (CPO) vehicle with a new and full CPO warranty, whi...

Excerpt: ...future strok es. Decedent received home health care services by defendant Equanimity Hospice & Palliative Care (“Equanimity”), where lead care was designated to defendant David Fukada, M.D. (“Dr. Fukada”). Decedent ran out of Xarelto, and Defendants had failed to deliv er a refill despite repeated requests for a refill. Decedent suffered a massive stroke and died on December 28, 2018. Plaintiffs allege the failure to provide necessary m...

Excerpt: ...ar ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi- truck owned by Defendant Barrillas Trucking, Inc. (“BTI”) and driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) collide d with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Padilla (“Padilla”). Manthey and Drake (c...

Excerpt: ...nli Xu (“Plaintiff”) resides in China and has familial ties with defendants Shuxia Kang's (“Kang”), Guoning Li (“Li”) and Si Liu (“Si”)(collectively “Defendants”). Kang is the sister of Plaintiff's late husband. Kang and Li are married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, the parties discussed investing in real estate in the Un...

Excerpt: ...f action —there appears to be no adverse employment action. Burger King argues that establishing that Evelyn could not hire, train, fire, and did not set Plaintiff's schedule establishes that Evelyn was not a supervisor under Government Code § 12926(t). However, t his assertion lacks merit. Under Government Code § 12926(t) it provides several categories of conduct that meets the definition of supervisor. Those categories are: (1) having the...

Excerpt: ...s stayed pending the resolution of CVPS2200167. With respect to Moving Party's request to issue an OSC re contempt against the City and its officials, the Court denies the request. Given that there is no injunction to enforce and the Ordinance at issue has been re pealed, the Court finds no good cause to issue a hearing for a contempt order. CVPS2200167 With respect to the Writ Petition concerning Ordinance 1189, the Court orders the parties to ...

Excerpt: ...te from the court compelling the city to initiate and pay for an independent audit. (Petition, ¶24.) In the second cause of action petitioner seeks a writ compelling annual public reports of the management, accounting, and expenditures of development impact fees. (Petition, ¶29.). The third cause of action seeks a writ compelling the City to make five -year findings under section 66001(d). (Petition, ¶34.). The fourth cause of action is for ...

Excerpt: ... 30 days o f this order. Denied as to RFP Nos. 1, 9, 12, 14, 30, and 31. This is a lemon -law action under the Song -Beverly Consumer Warranty Act. Plaintiffs allege that, on May 30, 2022, they purchased a 2022 Volkswagen Atlas, which came with warranties by which Defendant “warranted the subject vehicle and agreed to preserve or maintain the utility or performance of Plaintiffs' vehicle or to provide compensation if there was a failure in such...

Excerpt: ...2 as a State Park Aid at Salton Sea State Recreation Area (“Park”). Plaintiff alleges that her supervisor, Wanda Freeman (“Freeman”), informed her that she was required to purchase a uniform including green pants. Plaintiff purchased green pants recommended by coworkers; howev er, the pants allegedly caused Plaintiff's psoriasis to become inflamed causing discomfort and difficulty walking. Plaintiff visited her doctor who recommended alt...

Excerpt: ... court to generally issue a protective order if: (1) the discovery “is unreasonable cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive”; or (2) the discovery “is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.” Of course, a plaintiff must be a member ...

Excerpt: ...mounts, and is reluctant to accept the funds because of a potential fee dispute (¶ 16), as hearsay, as well as lacking foundation and personal knowledge. The statements are hearsay and do not appear to fall within any exception, so the objections are sustained. II. C.C.P . § 664.6 C.C.P. section 664.6 provides, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before th...

Excerpt: ... her oper ative First Amended Complaint (“FAC”) against Defendants Extended Stay America, Inc.; ESA Management, LLC; Extended Stay America – Palm Springs – Airport; Chris Mushrush; Brendon Doe; Annie Doe; and Orkin, LLC (collectively, “Defendants”), alleging (1) bat tery, (2) negligence, (3) intentional infliction of emotional distress (“IIED”), (4) fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach...

Excerpt: ... expert testimo ny to create a triable issue of fact regarding either the standard of care or the causation of her injuries. (Hakhamian Dec.) A dentist is required to have and to use that degree of learning and skill ordinarily possessed by dentists of good professional r eputation practicing in the vicinity. (Barham v. Widing (1930) 210 Cal. 206, 213). Failure to use such ordinary skill and care in the application of such knowledge renders a den...

Excerpt: ...laint on 3/ 22/23 alleging two causes of action: 1) motor vehicle negligence; and, 2) general negligence. Defendant -in -Intervention, State Farm Mutual Automobile Insurance Company (State Farm), brings this motion for leave to intervene in this action as the commercial automobile insurer for Defendants, WE, S Corp dba Melissa Morgan Fine Art and Christopher Connelly (an employee), in order to dispute the issues of liability and damages against i...

Excerpt: ... Advanced Frami ng Structure, Inc. (“Advanced Framing”) and Jose Rodarte (“Rodarte”) (collectively “Defendants”) as a fulltime non -exempt carpenter. He contends that while employed by Defendants, he was not paid for all the hours he worked and he was not provided with res t breaks. He asserts that after suffering a back, waist, and spinal injury, his medical provider placed him under work restrictions limiting his driving distances t...

Excerpt: ...he action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a...

Excerpt: ...nts Ford Motor Co mpany (“FMC”) and Palm Springs Motors, Inc. (“Palm Springs”) for: (1) Violation of Civil Code § 1793.2(d) [v. FMC]; (2) Violation of Civil Code § 1793.2(b) [v. FMC]; (3) Violation of Civil Code § 1793.2(a)(3) [v. FMC]; (4) Breach of the Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794 and 1795.5) ]v. FMC]; (5) Negligent Repair [v. Palm Springs]; and (6) Fraudulent Inducement – Concealment [v. FMC]. ...

Excerpt: ... This is a civil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plaintiffs move for an order quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on DIR -Divisio n of Workers' Compensation on 12/20/23 for the records of Mark Baird. In addition, Plaintiff seeks sanctions of $2,000. Plaintiffs assert the subpoena is impermissibly broad and viola...

Excerpt: ... on June 22, 2022. On August 12, 2022, Plaintiff Willie Anthony Conant Jr. (“Plaintiff”) filed a Complaint against Defendants Jonner Transportation Inc. (“Jonner”), Angel Martin Anaya Martinez (“Martinez”), and Does 1 to 50, alleging (1) motor vehicle and (2) gene ral negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment w...

Excerpt: ...nt agreed to provide additional funding subject to certain conditions. Ultimately, problems insured and Plaintiffs allege that Defendants failed to fund the construction loan, resulting in the project coming to a standstill. The complaint, filed on 6/23/23, showi ng Kevin Monson as attorney for Plaintiffs, and he is the attorney of record in this lawsuit, asserts (1) breach of contract; (2) promissory estoppel; (3) unfair business practices; and...

Excerpt: ...sentation of i nability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) CCP §2031.240(b)(1) provides that if a responding party objects to a demand that they “shall” “[i]dentify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being m...

Excerpt: ...ions within 30 days of service of notice (CCP § 2031.310). RFP Nos. 1 –3, 7, 9, 12, 17, 18, 24, 40, 41, 51, 54, 56, 57, 74, 84, and 85 are denied without prejudice as moot. RFP Nos. 46, 82 and 83 are denied. Plaintiff to provide notice pursuant to CCP 1019.5. Th is is a lemon law case. On March 28, 2019, Plaintiff John Escano (“Plaintiff”) purchased a 2019 Honda Pilot, which was manufactured and distributed by Defendant American Honda Moto...

Excerpt: ...ave to Amen d within 20 days. While Defendant demurs to the 2nd cause of action, it is not asserted against her —only Corona Regional. The only cause of action asserted against her is the constructive fraud claim. “Constructive fraud ‘arises on a breach of duty by one in a confidential or fiduciary relationship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be s...

Excerpt: ...rmities during t he warranty period, including engine and body defects. On five occasions, Plaintiffs delivered the Subject Vehicles to authorized repair facilities, including Defendant Saul Chevrolet, Inc. dba Cardinaleway Volkswagen (“Cardinaleway”). Plaintiffs allege th at Defendants were unable to repair the defects, but refused to repurchase the Subject Vehicle in compliance with the Song Beverly Act. On 1/12/24, Plaintiffs filed their...

Excerpt: ...l responses from Plaintiff to form interrogatories and requests for production of documents. First Team contends that it served the discovery at issue on11/17/23. No responses have been provided. It seeks sanctions in the amount of $900.00 for each motion. In opposition, Plaintiff contends that the motions were filed before responses were due. They provided responses on 2/6/24. As such, these motions are moot. Plaintiff asserts that sanctions sh...

Excerpt: ...Procedural Context This is an employment dispute. On April 17, 2023, Plaintiff Amanda Surdow (“Plaintiff”) filed a Complaint against Defendants CCFI Companies, LLC (“CCFI”) and Check Into Cash of California, Inc. (“CIC”) (collectively, “Defendants”),1 alleging (1 ) wrongful constructive termination in violation of public policy, (2) disability discrimination, (3) disability harassment, (4) failure to accommodate, (5) failure to e...

Excerpt: ...that express and implied warranties accompanied the lease, the subject vehicle had defects and nonconformities that could not be repaired by Hoehn. On August 24, 2020, Plaintiffs filed their complaint alleging a single cause of action for Violation of Song -Beverly Consumer Warranty Act — B reach of Express & Implied Warranty. On S eptember 9, 2021, Defendants served a C.C.P., § 998 offer to Plaintiffs under which Defendants offered to “pay...

Excerpt: ...d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” The parties agree Plaintiff is the prevailing party. Page 8 of 10 At issue in this motion is the reasonableness of Plaintiff's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 10...

Excerpt: ...nstructi on project. Plaintiff moves the court for leave to file a Third Amended Complaint to make changes to the Second Amended Complaint. Plaintiff asserts that recent depositions revealed the foregoing facts and egregious extent of ARB's misconduct in its dealin gs with JOHNSON-PELTIER, the owner, and others working on the project. Plaintiff, JOHNSON- PELTIER, therefore, seeks to file a Third Amended Complaint to allege facts and claims supp...

Excerpt: ... vehicle is equipped w ith a defective Hydra-Matic 8L90 transmission. (Id.) The vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty covering the engine and the transmission, and various emission warranties. (FAC, ¶ 9.) Before purchasin g the subject vehicle, Plaintiff communicated directly with a sales rep at Rotolo and specifically inquired about the transmission in the vehicle and whether any prior is...

Excerpt: ...standard treatment” for C OVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed of the standard treatment. Eventually, Decedent was admitted to the Medical Center. Defendan ts Ramin Akhavan, MD, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively “Physician Defendants”) concealed the “standard treatment” and in...

Excerpt: ...ntiffs, tog ether with Defendants Walter Jones III (“Jones”) and Mark Douglas (“Douglas”), put together a business plan to form and operate Green America, Inc. In 2018, Douglas and Jones unilaterally converted Green America from a non- profit mutual benefit corporation to a general stock corporation by refiling a Restated Articles of Incorporation with the Secretary of State, which removed Plaintiffs from the business, divesting them o...

Excerpt: ...ondence. Judicia l notice of the SOI is appropriate under Evid. Code § 452(c). (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Judicial notice of court records, including the p roof of service, is proper under Evid. Code § 452(d). However, the invoices and letter are reasonably subject to dispute and not appropriate for judicial notice. Accordingly,...

Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash filed by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

Excerpt: ...ithin GM's possession, custody, and/or control, subject to the stipulated protective order. Monetary sanctions in the amount of $2,310.00 are imposed against GM and its counsel. Responses and sanctions are due in 45 days. RPD 16, 19 -32: The Objections raised by G M are overruled. The primary problem with GM's responses to RPD Nos. 16, 19 -32 (and 45 -46, discussed below) is that after asserting objections, it states: “No documents will be prod...

Excerpt: ...o. § 128.7( a).) An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. (Ibid.) Contrary to Noyes' contention, the Notice of Motion on file with the Court is signed by K elly. Likewise, the Memorandum of Points and Authorities and Declaration are signed under penalty of perjury. Accordingly, it appears that Kelly complied with the requirements of S...

Excerpt: ...nd meet and confe r correspondence. Judicial notice of the SOI is appropriate under Evid. Code § 452(c). (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Judicial notice of court records, including the proof of service, is proper under Evid. Code § 452(d). However, the invoices and letter are reasonably subject to dispute and not appropriate for judi...

Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash filed by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

Excerpt: ...nses ar e due within 60 days. The parties letter writing did not constitute a meaningful meet and confer. The parties are therefore restricted from filing any further discovery motions without first requesting an IDC. RFP 1 and 4: Plaintiff demonstrates good c ause in seeking these documents. These documents would be relevant to the issues related to Defendant's good faith compliance with the SongBeverly Act. For instance, in Oregel v. American...

Excerpt: ...ction ar ises out of a business deal between Plaintiffs JTLH Enterprises, LLC (“JTLH”); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, “Plaintiffs”) and numerous Defendants named in this case. Plaintiffs' action is based on seven causes of action as alleged in their Second Amended Complaint (“SAC”), which is the operative pleading: (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach of ...

Excerpt: ...se after tria l against the PC and now seeks to amend the judgment to add Gurvits individually. CCP § 187 “grants to every court the power to use all means to carry its jurisdiction into effect, even if those processes are not set out in the code.” (McClellan v. Northri dge Park Townhome Owners Ass'n (2001) 89 Cal.App.4th 746, 752.) This statute has been interpreted to give a trial court the jurisdiction to modify a judgment to add additiona...

Excerpt: ...erine Page as Doe 1 (“Page”). Plaintiff, a Canadian citizen, was a passenger in a truck driven by Page at the time of the accident. In the instant motion, Plaintiff now moves for a protective order that prevents the taking of her deposition until her treating doctor, Dr. Margaret Watty, determines she is not in a “very fragile state both physically and emotionally.” (C.C.P., § 2025.420.) On January 26, 2024, Page noticed Plaintiff's depo...

Excerpt: ...54 Cal.App.4th 918, 924. “The trial court has jurisdiction to award them, regardless of the lack of specific instructions in the opinion or the remittitur.” Id. When authorized by statute, contract, or law, reasonable attorney's fees are allowed as costs. CCP § 1033.5(a)(10) (A), (B), and (C). Under Civil Code §1717(a), “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are inc...

Excerpt: ...rounds in G avaldon v. DaimlerChrysler Corp. (2004) 32 Cal.4th 1246.) Post - 998 Offer Attorney Fees However, Defendant is correct that all costs and fees incurred after Plaintiffs rejected Defendant's 998 Offer was served are not recoverable. Pursuant to CCP § 998(c), if the plaintiffs reject a defendant's offer to compromise and then fail to win a more favorable judgment or award, the plaintiffs cannot recover their postoffer costs and must pa...

Excerpt: ...pped on a greasy piz za box and fell at least six stairs causing serious injuries. On October 10, 2023, Plaintiff filed her Complaint against the Garage and the City of Riverside (“City”). She asserts two cause of action for: (1) Negligence —Premises Liability; and (2) Acts and Omission of Public Employees within the Scope of Employment. The City now demurs to the second cause of action against it. The City argues that a pizza box is not a...

Excerpt: ...eyond the sco pe of the allegations of the Complaint. Judgment was entered on January 3, 2024. While Section 473 allows the court to grant leave to amend at any stage of the proceeding, amendments proffered after judgment is rendered are allowed only if the judgment i s vacated as by granting a motion for a new trial. (Young v. Berry Equip. Rentals, Inc. (1976) 55 Cal. App. 3d 35, 38; see also M.B. v. City of San Diego (1991) 233 Cal. App. 3d 699...

Excerpt: ...underlying d ebt of the Chapter 11 bankruptcy debtor. The automatic stay does not apply to nondebtors such as corporate affiliates, corporate officers, codefendants, guarantors, or general partners. (See Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979 -980, italics added; Otoe County Nat. Bank v. W & P Trucking, Inc. (10th Cir. 1986) 754 F.2d 881, 883 [“[s]ection 362(a) automatically stays proceedings against the debtor only and not co...

Excerpt: ...ing lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendan t who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted...

Excerpt: ...99.58 reduced by $11,925 to $266,902.83 Item No. 11 (court reporter fees) is reserved for Plaintiff to provide evidence to support that it was necessary to expedite final transcripts. Hearing on this sole issue is set for 4/5/24 at 8:30 a.m., Department 5. Plaintiff to provide her Supplemental Declaration at least 16 court days Page 9 of 12 before the hearing and Defendant to provide a Supplemental Reply, if any, at least 5 court days before the...

Excerpt: ...ity should b e retained. The attractiveness of consolidation varies widely, depending on the characteristics of the actions involved. Accordingly, there are no fixed rules on when permissive consolidation is desirable. The principal statute regulating permissive cons olidation, CCP §1048(a), specifies only one factor to be considered: whether the actions proposed to be consolidated involve "a common question of law or fact." Therefore,...

Excerpt: ...from nonconformities, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶¶ 10, 12.) The nonconformities Plaintiff complains of include defects of the engine, check engine light, lifters, cylinder s, and other defects. (Complaint, ¶ 10.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to ...

Excerpt: ...i and Si Li u and their agents, employees, officers, representatives, successors, partners, assigns, and those acting in concert or in participation with them, whether acting directly or through a corporation, subsidiary, division, or other device from: 1. Receiving, using, or transferring any funds resulting from the proceeds of any sale, including any foreclosure sales, (collectively, “Funds”) of the following properties: 6286 Nobury Ct., E...

Excerpt: ...ptr. 766 (3d Dist. 1 990); Wolf v. Walt Disney Pictures & Television, 162 Cal. App. 4th 1107, 1138, 76 Cal. Rptr. 3d 585 (2d Dist. 2008)) The motion may be made by any party or the court sua sponte, and allows the court to grant judgment in favor of the party against whom the jury has rendered a verdict whenever a motion for nonsuit or directed verdict should have been granted if such a motion had been made. (CCP § 629) A motion for JNOV is esse...

Excerpt: ...Cotta Street in Lake Elsinore, for which they obtained a loan on 6/26/07 secured by a Deed of Trust (DOT.) The property also has a second mortgage for $50,000, which was recorded on 6/26/81. Plaintiffs allege that Defendant, PLM Lender Services, Inc. (PLM) is the c urrent servicer of the loan. PLM allegedly issued a Notice of Default (NOD) on 7/5/23. Plaintiffs had filed a Chapter 7 bankruptcy and allege that the second mortgage was included in ...

Excerpt: ...rroneously named and served as County of Riverside Tax Assessor's Office (the “County”). Plaintiff alleges that on 2/10/23, he paid property tax on the property located at 850 North Florida Street, Banning, California (the “Property”) using the same tax basis his parents used based on his filing of form BOE -58 -AH, Reassessment Exclusion for Property Transfer Between a Parent and Child (“Reassessment Exclusion Claim”). (Complaint at...

Excerpt: ....76 acre s and located in a W-2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low -density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obta...

Excerpt: ...y Wash Bri dge 560168R (bridge) in Whitewater. Plaintiff alleges that on 2/15/23, the premises were in a dangerous condition that created a substantial risk of the type of injury he sustained. Plaintiff alleges he was a passenger in a vehicle driven by Veronica Rivas , who was driving eastbound on I -10 when she hit a black object in her lane that she could not avoid. The black object was the bottom of an orange plastic traffic/construction drum ...

Excerpt: ...tained the real property of 5302 Mission Boulevard, Jurupa Valley, California 92509 (the “Property”) as a public nuisance, in violation of California law and the Jurupa Valley Municipal Code (the “Municipal Code”). In the Complaint, the City prayed for payment of its costs and a ttorney's fees. (Complaint, page 22; Civil Code § 3496(c).) On July 3, 2023, the Court entered a Judgment for Permanent Injunction (the “Judgment”) against D...

Excerpt: ...express limited w arranty and implied warranty of merchantability. Plaintiff alleges the vehicle came equipped with material defects that Kia's authorized repair facility was unable to repair, and Kia refused to buyback or replace the vehicle. Plaintiff filed the Complaint on February 10, 2023, alleging 1) violation of the Song Beverly Consumer Warranty Act; and 2) violation of the Magnuson- Moss Consumer Warranty Act. Defendants now move for ju...

Excerpt: ...es of actio n for: (1) private nuisance; (2) public nuisance; (3) intentional interference with prospective economic relations; (4) preliminary and permanent injunctive relief, and (5) declaratory judgment. Plaintiff alleges in its verified Complaint that, since the early morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to...

Excerpt: ... § 17200. In the Complaint, Plaintiff alleges that on February 15, 2009, Defendant purchased the property located at 16749 Cresent Glen Court, Riverside, California (the “Riverside Property”), and the parties agreed that Defendant would transfer title to the Riverside Property to Plaintiff in 2022, when she graduated medical school. (Complaint at ¶¶ 7, 9.) At the time of purchase, Plaintiff paid $100,000 toward the down payment on the Rive...

Excerpt: ...Ayala Flores (“Mr. A yala” per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC (“E AN”), the owner of the rented vehicle (a Ford Fusion). EAN Holdings has requested that the Court rule on its Motion in Limine No. 1 regarding the standard of care of...

Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...

Excerpt: ...eement”) with Def endant Rene Delgado Hernandez (“Defendant”) pursuant to which Plaintiff, as the sole shareholder of Ultimate Tint & Wheel, Inc. (“Corporation”) agreed to sell her 10,000 shares in the Corporation to Defendant for $600,000. Under the terms of the Agreement, Defendant was to transfer interest in real property valued at $100,000 to Plaintiff on the date of execution of the Agreement, and thereafter make monthly payments o...

Excerpt: ...w brings a moti on to exclude Defendant's designated expert witness, James Oaks, at trial as it has not produced him for deposition despite attempts to meet and confer. In the alternative, Plaintiff requests that Defendant be ordered to provide dates for deposition to occ ur immediately. In Opposition, Defendant contends that Plaintiff did not meet and confer. In addition, it asserts the categories and document requests are overbroad and its obje...

Excerpt: ...r a total reduction of $10,186.63. Factual and procedural background: On 11/1/20, a vehicle driven by Plaintiff George Adams (“Plaintiff”) crashed into the rear of a parked vehicle owned and/or operated by Defendants Tom Chow and SPR Logistics, Inc. (“Defendants”). Plaintiff alleges that Defendants' vehicle was negligently parked so as to cause the accident. Plaintiff suffered personal injuries. On 6/22/21, Plaintiff filed his Complaint ...

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: ...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: ...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: ...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: ...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: ... 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: ...” 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: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...

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: ...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: ...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: ...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: ...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...