Excerpt: ... staying with a large group at a vacation rental property owned and operated by Defendants Avantstay, Inc., Avantstay Real Estate, Inc., Avantstay California, Inc., Avantstay Brokerage and Sean Breuner (collectively “Avantstay” or “Defendants”). Plaintiff alleges that she was using the hot tub in the early hours of the morning. Plaintiff went to an unlit enclosure containing maintenance equipment, which was unlocked where she fell into a ...

Excerpt: ...lution of the federal action(s). Either party may seek to restore the case back to active status pending the resolution of the federal action. Facts/Procedure On September 14, 2023, Plaintiff Eric Jerome Phillips filed a demurrer against the County of Riverside and several other County officials, as well as against several doctors and his former attorney, alleging numerous civil rights violations, including the Bane Act, Ralph Civil Rights Act, ...

Excerpt: ...alleges, amon g other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the ...

Excerpt: ...of harassment by Plai ntiff, which the court ruled in Defendant's favor. (Compl. 1.) Plaintiff alleges that the instant action was filed “as a result of [Defendant's] allegations [in the harassment claim] and the recovered damages collected as a result of the [San Bernardino co urt's] ruling in her favor . . . .” (Id.) On February 26, 2024, Defendant filed a Special Motion to Strike pursuant to CCP § 425.16 on the grounds that Plaintiff's ...

Excerpt: ...operating ag reement that gave Defendant a 100% ownership stake in the dealership despite assurances that it would not change the 50/50 ownership agreement. (TAC ¶ 14 - 16.) Plaintiff further alleges that Defendant knew he suffered from dyslexia and he could deceive him by hiding language deep in the agreement (TAC ¶ 16.) Plaintiff alleges that by the time he realized the deception, it was already too late as Defendant had taken title to all of...

Excerpt: ...d confer p rior to filing the demurrer or motion to strike. (CCP §§ 430.41(a), 435.5(a).) The Declaration of Ryan Kay indicates that prior to the filing of the present demurrer and motion to strike, his office attempted to meet and confer telephonically with Plain tiff's counsel to discuss the issues Defendant had with Plaintiff's First Amended Complaint, but unfortunately, were unsuccessful in their attempts. Mr. Ryan declares that he sent e...

Excerpt: ...ause of action for re stitution of money paid “pursuant to the Agreement” (Cross -Complaint ¶ 12). The basis of the Cross -Complaint is that The Altum Group is not a licensed contractor and that a contractor's license was required in order to lawfully perform the construction ser vices at issue in the Agreement. (Cross- Complaint ¶¶ 4, 5, 9, 12.) The Altum Group demurrers arguing that both causes of action are uncertain or insufficiently p...

Excerpt: ...iness and Professions Code § 17200 [use of deceptive practices]; (3) Breach of Contract and (4) Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff alleges that on August 10, 2023, Plaintiff hired Defendants to installed below listed parts, which the parties agreed would repair his semi -truck. (Complaint, ¶6.) Plaintiff paid the collective Defendants the agreed amount of $25,169 immediately. (Id., ¶¶ 7 -16.) Plaintiff in ess...

Excerpt: ...en O'Neill (“ O'Neill”) owns a mobile home located at 74711 Dillon Road, Space 416 in Desert Hot Springs, which Stargardt rented. Stargardt alleges there were various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful inter...

Excerpt: ...ce Manager. (Id.) In March 2022, Defendant Sarah Franco (“Ms. Franco”) was appointed Director of Procurement and Fleet. (Id. at ¶ 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. (Id.) Plaintiff alleges that during her tenure, Ms. Franco treated her and Ms. Bell, the only two Black empl...

Excerpt: ...ty -owned roadway. Defendant City brings this demurrer to Plaintiff's Second Amended Complaint (“SAC”) on the second cause of action for dangerous condition of government property. This demurrer is brought after the Court's sustaining an earlier demurrer to Plain tiff's First Amended Complaint (“FAC”) on the ground of Plaintiff's failure to allege facts sufficient to state a cause of action for a dangerous condition of government property...

Excerpt: ...e sole shareholder of Sportman's Bar, Inc. (“SBI”), which was the owner of the Sportman's Bar (“Bar”) in Corona, California. Plaintiff alleges that in April 2021, Martin caused SBI to transfer and assign all assets and interest in SBI to himself personally, to be transferred to Plaintiff upon his death. Melvin Vander Molen (“Vander Molen”) was employed by SBI as a bar manager. Vander Molen had no authority to make financial decisions...

Excerpt: ...t the event, which altercation was followed by one of the males reentering the event area with a gun that ended in death of one attendee and shooting injuries of another attendee. On 2/27/19, Plaintiffs filed their Complaint against Defendants, alleging: (1) n egligence, (2) premises liability, (3) negligent hiring, retention, and supervision, (4) negligent infliction of emotional distress, and (5) wrongful death. Plaintiffs contend the only em...

Excerpt: ...of Action in the FAC is sustained with leave to amend within 20 days. The motion to strike is granted as to the prayer for punitive damages for failure to comply with C.C.P., § 425.13 with leave to amend within 20 days. A party may object by demurrer to a complaint on g rounds that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Pro. §430.10(e).) For the purposes of a demurrer, the allegations in the com...

Excerpt: ...ducts li ability, and negligence, and names as defendants (1) Gongco Foods, dba Food 4 Less, the owner of the grocery store and the shopping cart, and (2) The Peggs Company, the company alleged to design and manufacture the shopping cart. The defendants filed answ ers to the original complaint on October 6, 2023 and November 21, 2023; none of them have filed answers to the FAC filed March 13, 2024. There are no crosscomplaints filed nor any D...

Excerpt: ... the hole (Exh ibit E) but provides no measurements of how big it is, its placement in the backyard, or the layout of the backyard. While the hole appears large in the picture, it is unclear whether this evidence alone meets the Defendant's initial burden. Additionally, a triable issue of material fact exists regarding whether the open and obvious exception applies. Open and obvious does not negate duty if it is foreseeable based on necessity or ...

Excerpt: ...n the amou nt of $1,000, payable within 30 days. In general, a notice of deposition is sufficient to compel a party to appear at deposition and to produce documents. (CCP § 2025.280(a).) Pursuant to CCP § 2025.450(a), where a party fails to appear, without a valid ob jection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be ...

Excerpt: ...sts to movi ng party in the amount of $510.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Felix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (...

Excerpt: ...hen he tripped over a tire stop, lost his balance, and fell forward down the stairs from the leasing office. He alleges Defendants, Fairfield Waterstone, LLC; and FF Properties II, LP knew or should have known of the dangers of inadequate lighting fixtures or illum ination because the lack of lighting was caused during/by a remodel of the leasing office. On 2/6/24, Plaintiff's motion for leave to amend the complaint was granted. Plaintiff file...

Excerpt: ...ntiffs Myeasha Ki mble and William Hillard (collectively “Plaintiffs”) 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 (“E -Nunu”), allegedly orchestrated the hazing and receive...

Excerpt: ...tion for breach of contract and breach of the covenant of good faith and fair dealing, respectively. Defendant is ordered to file an answer to the First Amended Complaint within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019 .5. This action involves a dispute over misrepresentations allegedly made to an owner of a commercial property by a general contractor who submitted documentations seeking payment for...

Excerpt: ...ey Middle Sc hool Modernization, Phase 3B, Increment 2, New Classroom Buildings BP 15 HVAC” (Project). Plaintiff alleges that the District breached its contract in numerous ways (e.g., failing to timely pay for work performed, failing to execute valid change order requ ests.) Plaintiff filed its Complaint on 12/21/22 alleging a single cause of action for breach of contract. On 1/16/24, the District filed a Cross- Complaint alleging two causes...

Excerpt: ...CCP § 430.50 p rovides that a demurrer to an answer may be taken in whole or to one or more of the defenses. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Reg ents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred fro...

Excerpt: ...oth parties reside in Georgia, but travelled to California, including Napa Valley and Riverside County, where Plaintiff alleges some of the violence occurred. This action was initially filed in Napa County on November 26, 2019 and subsequently transferred to Riversid e County by stipulation, following Plaintiff's successful appeal of a ruling granting Defendant's motion to quash service of summons. The Complaint alleges causes of action for dome...

Excerpt: ...480 E. 2nd Street, Beaumont, California. (UMF ## 3-4, 7, 14.) The facts herein are based upon the allegations of the Complaint and the undisputed facts reflected in Plaintiff's response to Defendant's Separate Statement of Undisputed Material Facts (“Separate Statement”). The incident occurred between 10 and 11 a.m., it was sunny outside, and Plaintiff was wearing sunglasses. (UMF ## 6, 18.) According to Plaintiff's deposition testimony, she...

Excerpt: ...tha Coro na, Alfred Corona, and Maria De Jesus Rosas Lopez, allege that on 12/26/22, Defendants, Eloy Figueroa Trucking, Inc. (Figueroa Trucking); Francisco Castillo -Cendejas; Bagdasarian Farms, LLC; and Bloom to Box Crop Care, Inc., negligently owned, operated, en trusted the Freightliner so as to cause a collision with Plaintiffs' vehicle causing them to sustain severe injuries and damages. Plaintiff, Maria Corona was the driver of her vehicle...

Excerpt: ...blish that Defendant's conduct was extreme or outrageous, or that Plaintiff sustained severe emotional distress as a result of Defendant's conduct. For NIED, Shannon argues that there is no independent tort of NIED, but rather a negligence claim, and Plaintiff cannot establis h any duty owed by Shannon to her, cannot establish any breach of any duty, and cannot establish that his conduct caused her to suffer severe emotional distress. Sixth Cause...

Excerpt: ...larations showing why the “interests of justice” will be served by granting the preference request. (CCP §36(e).) The decision to grant or deny a preferential trial setting under CCP §36(e) “rests at all times in the sound discretion of the trial court in light of the tot ality of the circumstances.” (Salas v. Sears, Roebuck & Co. (1986) 42 Cal.3d 342, 344.) In general, “judges are reluctant to grant preferential trial setting. With t...

Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...

Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...

Excerpt: ...bined co ntract and tort in this claim against Defendants as such it is uncertain. Plaintiffs allege they entered into a contract with Defendants to provide physical therapy services, Plaintiffs agreed to pay for the services, but Defendants failed to perform as p romised as the therapist abused NJ instead of providing therapy. (SAC, ¶¶ 42 -46.) However, Page 2 of 3 Plaintiffs have not alleged damages as a result of the breach of contract, inst...

Excerpt: ...tely at the commencement of the 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 defendan...

Excerpt: ...ssage En v y. Pl aintiff alleges sh e was termin ated af ter s h e protested unsafe instructions to personally engage with clientele, and to contact them directly to solicit their business on an unrecorded line. Plaintiff filed the original complaint on July 17, 2023 and the operative First Amended Complaint on November 2, 2023 (“FAC”), alleging 1) whistleblower retaliation (Labor Code §§ 1102.5 et. seq.), and 2) wrongful termination in vi...

Excerpt: ...ntiary and/or terminating sanctions. (Code Civ. Proc., § 2023.030(a) -(d).) The court has discretion to issue a terminating sanction in response to a misuse of the discovery process. (Code Civ. Proc., §§ 2023.030(d), 2030.300(e).) Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's actio...

Excerpt: ...ounty filed a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County alleged that Defendants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and traffic issues for the community, causing a public nuisance. (Id. at ¶ 4.) In the Complaint, the County asked the Court to declare that the conditio...

Excerpt: ...“Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 2022, alleging breach of contract, quantum meruit, foreclosure o...

Excerpt: ...n of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiff alleges that on October 17, 2021, he purchased a 2021 Forest River Puma (the “RV”) from Beaumont RV. (Complaint at ¶ 4.) In connection with the sale, Forest River provided an express limited warran ty on the RV. (Complaint at ¶ 5.) Beaumont RV sold the RV to Plaintiff with defects in materials and workmanship. (Complaint at ¶ 7.) During th...

Excerpt: ...e the January 8 , 2024 Notice of Motion is untimely. However, the order of dismissal was entered on December 8, 2023. Also, there is technically no “judgment” of dismissal. So, this motion is seeking relief from a judgment that does not exist. (See below). Nonetheless, a motion to vacate under CCP § 663 is the wrong procedural mechanism for Plaintiff to seek redress. A ‘judgment' is defined as “the final determination of the rights of ...

Excerpt: ... Food, Inc. , and Rise of Healthy Choice, Inc. Defendant Nishant Patel, along with his wife, Defendant Radha Patel, holds another 47.5% of each corporation, and Defendant Mili Nikunj Patel holds the remaining 5%. Plaintiff alleges that Defendant Nishant Patel has be en improperly removing funds from the corporations for his personal use and benefit, has excluded Plaintiff from the operations, and has failed to allow Plaintiff to inspect and copy...

Excerpt: ...l be perm itted. This is a lemon law case stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly aft...

Excerpt: ...erica, Inc. (“Volkswagen”) and SHAYCO, Inc. dba Ontario Volkswagen (together “Defendants”) for: (1) breach of express warranty in violation of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”); (2) violation of § 1793.2 of the Song Beverly Act; and ( 3) negligent repair. In his Complaint, he alleged that the 2021 Volkswagen ID.4 that he purchased on 9/18/22 had defects and nonconformities that substantially impaired its...

Excerpt: ...he applicable warran ties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On 3/16/23, Plaintiffs filed the FAC against Defendant, alleging (1) breach of implied warranty of merchantability under the Song -Beverly Act, (2) breach of express w arranty under the SongBeverly Act, and (3) Violation of Civil Code § 1750 (The Consumer Legal Remedies Act, “CLRA”). Plaintiffs brings this Motion to Defendant to pr...

Excerpt: ...l distress. Plaintiff argues that this motion should be denied because the arbitration agreement is unconscionable is prohibited under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401, 402. The Court agrees and denies the motion. The parties agree that the agreement at issue is governed by the Federal Arbitration Act, which favors enforcement of arbitration provision in any contract “evidencing a tran...

Excerpt: ... are prop erly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs lack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counsel...

Excerpt: ...k directly next to the racetrack constitutes gross negligence. Additionally, there are triable issues as to whether this truck increased the inherent risks of go -kart racing for the purpose of the doctrine of primary assumption of risk. The motion for summary judgeme nt is granted as to American Indoor Speedway and Robert Peterson as there is no evidence that American Indoor Speedway or Robert Peterson owned, operated, managed or controlled the ...

Excerpt: ... On September 6, 20 23, Defendant moved for summary judgment on the grounds that there were no triable issues of material fact that Defendant did not create any hazard that caused Plaintiff's fall or that they had a reasonable time to discover and correct any hazard. On November 17, 2023, Defendant filed a notice of non- opposition. On November 20, 2023, Plaintiff filed an ex parte application, seeking relief under CCP § 437c(h) for continuanc...

Excerpt: ...acate afte r being served with a 60-Day Notice to Quit, failing to pay rent due on 2/1/22, taking all of the furnishings/personal property of Plaintiff when they vacated the premises; and fraudulently delaying legal proceedings to harm Plaintiff knowing he intended t o sell the property. Plaintiff filed his operative Second Amended Complaint (SAC) on 12/22/22 alleging four causes of action: 1) breach of contract; 2) common counts; 3) conversion;...

Excerpt: ...ined a h ead injury and concussion. She was driving her vehicle at the time of the accident with a blood alcohol level above the legal limit. She was arrested at the scene by police officers from Cathedral City. Although she had a head injury, she was not taken to a hospital nor examined by medical personnel. Instead, she was booked at the Riverside County John Benoit Detention Center, and did not receive medical care at the jail. The next mornin...

Excerpt: ...n Devitt (“De cedent”) was admitted to Orange Treeidence Opco, LLC dba Riverwalk Post -Acute Care (“Riverwalk”) skilled nursing facility on 8/12/22, due to lower body weakness. It is alleged that due to said issues, she was dependent on Riverwalk, Providence Group of Sou thern California, LLC; Providence Group, Inc,; and Providence Administrative Consulting Services, Inc. (collectively “Facility Defendants”) for physical assistance wi...

Excerpt: ...) Kim dis missed her Complaint in this action. On 6/1/22, the Estate of Frances Marsh (Estate) dismissed its First Amended Joint Verified Cross -Complaint (the “FACC”). On 8/1/22, Kim along with Mark Wynne (Plaintiffs) filed the Complaint in Wynne v. Wynne, CVRI 2203209, against defendants James P. Wynne (James), Timothy P. Wynne (Timothy), and A. Scott Kalkwarf (Kalkwarf), the personal representative of the Estate, asserting claims based o...