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: ...796 n.4.) The elements of NIED are: (1) legal duty to use due care; (2) breach of such duty: (3) damages and injury; (4) cause of the resulting damage or injury. (Huggins v. Longs Drug Store (1993) 6 Cal. 4th 124, 129.) Negligent infliction of emotional distress is divided into two claims, direct victim claims or bystander claims. (Smith v. Pust (1993) 19 Cal.App.4th 263, 273.) “[A] plaintiff may recover damages for emotional distress caused b...

Excerpt: ...red a mortgage in both of their names. In November 2008, while still married, Defendant represented that he would be able to refinance the mortgage and obtain a loan with better terms if Plaintiff temporarily transferred her interest in the property to him via an Interspousal Transfer Grant Deed. Defendant represented Plaintiff would continue to own her 50% interest in the property despite the transfer and the property was the marital residence....

Excerpt: ...their conte xt. (Moore v. Regents 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 from those expressly pleaded, and of any material facts of wh ich judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) However, a demurrer does not admit Page 2 of 5 contentions, deductions or co...

Excerpt: ...by Blue Cross of California (“Blue Cross”). Prior to having procedures performed, Plaintiff contacted PDS and Blue Cross and received information that Aquino had insurance coverage. Based on the information provided, Plaintiff provided services to Aquino. When it submitt ed claims to Blue Cross and PDS, it was reimbursed at a significantly lower rate. The operative Second Amended Complaint (“SAC”) asserts the following seven (7) causes o...

Excerpt: ... court granted Defendants ' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plaintiffs failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. Plaintiffs have made repeated a ttempts to sets aside the dismissal and have brought repeated motions for reconsideration. On February 16, 2024, the court granted Defendants unopposed motion for CCP §...

Excerpt: ...re of Person . DENY Defendant Kevin Carpenter's Motion for Summary Adjudication as to the Second Cause of Action for Violation of Fourth Amendment Rights – Excessive Force and Punitive Damages Claim against Defendant Kevin Carpenter. SUSTAIN Defendants' Evidentiary Ob jections as to Exhibit D and Gibson Decl. ¶¶ 3, 6 and 22; OVERRULE as to Gibson Decl. ¶¶ 7, 8, 12 –18, 19 and 21. SET OSC on April 15, 2024, re: Plaintiff's failure to file...

Excerpt: ... Co., Inc. (“AHM”). (Id .) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM and its representative were unable to repair. (Compl. ¶¶ 11, 32.) On December 30, 2022, Plaintiff filed the Complaint in this action against AHM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) Civ. Code § 1793.2(a)(3); (4) breach of the...

Excerpt: ... was inoperabl e. Plaintiff alleges that the air conditioning in the truck did not work, Page 5 of 14 causing him to suffer during extreme temperatures. Plaintiff also alleges that he was denied meal and rest breaks and was forced to urinate in the truck. He claims that he was harassed after complaining to his supervisor about working the unsafe and unlawful working conditions. Plaintiff, who is Latino, alleges that CR&R provided better trucks to...

Excerpt: ...take, inadvertence, surprise, or excusable neglect.” The moving party bears the burden of demonstrating by a preponderance of the evidence that at least one of these conditions is met. Hopkins & Carley v. Gens (2011) 200 CA4th 1401, 1410, 135 CR3d 1, 8 –9; Luz v. Lopes (1960) 55 C2d 54, 62, 10 CR 161, 165 –166. a. Mistake Mistake may be one of fact or law. Mistake of fact occurs when a person understands the facts to be other than they are;...

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...

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: ...obert L. Firt h, HH Care, LLC dba Heaven Heights Senior Care, Heaven Heights Senior Care, and Jacqueline Hawk (together “Defendants”) asserting causes of action for: (1) wage theft in violation of Labor Code §§ 1194 and 1454; (2) failure to pay minimum wage in violation of Labor Code §§ 1194 and 1197; (3) breach of written contract; (4) violation of Labor Code § 1194.2; (5) violation of Labor Code §§ 201 and 203; (6) violation of Bus. ...

Excerpt: ...mitted to th e Court as Exhibit 1 to the Edelstein declaration of February 29, 2024. On July 20, 2023 Defendant Apollo was named as Doe 1 in the action filed by Desert Concepts Construction, Inc. It was defaulted on September 7, 2023. Default was entered based on the r epresentation that Apollo was properly served. The proof of service that Desert Concepts filed states that the First Amended Complaint was personally served on Apollo Venture's A...

Excerpt: ...ilure to provide rea sonable accommodations in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent retaliation and/or harassment in violation of FEHA; (6) whistleblower retaliation; (7) wrongful termination in violation of public policy; (8) constru ctive discharge; (9) failure to indemnify; and (10) unfair business practices. In the Complaint, Plaintiff alleges that in 2004, she was hired by Defendant as an administra...

Excerpt: ...brough t an action for negligence and premises liability against the alleged grocery store owner and the supplier of shopping carts. Plaintiff alleges that, on April 5, 2021, when Plaintiff was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant Gongco Foods and placed Plaintiff inside a shopping cart while still in his car seat. (Complaint, ¶ 8.) However, the shopping ...

Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...

Excerpt: ...ation against Defendant GM alle ging causes of action for: (1) Violation of CC § 1793.2(d); (2) Violation of CC § 1793.2(b); (3) Violation of CC § 1793.2(a)(3); (4) Breach of Express Written Warranty, CC §§ 1791.2(a), 1794; and (5) Breach of the Implied Warranty of Merchantability, CC §§ 1791.1; 1794. * * * Plaintiff now moves to compel Defendant GM to designate and produce for deposition the Person Most Qualified (“PMQ”) on all categ...

Excerpt: ... the Subject Vehicle. Plaintiff alleges that during the warranty period, the Subject Vehicle developed several defects and nonconformities to warranty, which Defendant was unable to repair after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle in violation of the Song Beverly Consumer Warranties Act (“Song Beverly Act”). On August 22, 2023, Plaintiff filed a Complaint, alleging (1) B...

Excerpt: ... 3 and 5. Plaintiff granted leave to file Third Amended Complaint fixing only prayer for damages section within 5 days of this order becoming final. Page 2 of 14 Defendants to file their answer within 20 days of this order becoming final. Moving party Defendan t Haier US Appliances to provide notice pursuant to CCP 1019.5. Janice Ciletti (“Plaintiff”) initiated this products liability action. Plaintiff alleges that on December 27, 2018, ...