Excerpt: ...(“Alicia”) (toget her “Plaintiffs”) filed their original complaint in this action against Defendant Lending Bee, Inc. (“Lending Bee”) on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...

Excerpt: ...ified in the requests, deeming any such requests as admitted, and establishing the genuineness of any document. Here, Plaintiff served Requests for Admissions (Set One) on Defendant MARILYN V SAINZ via mail on October 31, 2023. Defendant MARILYN V SAINZ response to Requests for Admissions (Set One) was, therefore, due on or before December 5, 2023. According to Plaintiff's attorney's declaration, on December 7, 2023, a meet and confer letter was...

Excerpt: ...or that there i s a complete defense to that cause of action. (CCP §437c(p)(2).) Once the defendant (or cross- defendant) has met that burden, it shifts to plaintiff (or crosscomplainant) to show that a triable issue of one or more material facts exists as to that cause o f action or defense thereto. (CCP §437c(p)(2).) The moving party has met its initial burden regardless of whether the opposing party files counter -declarations. (Aguilar v. ...

Excerpt: ...ted a dangerous condi tion by failing to post any warning signs while performing repairs on a City sidewalk. It alleged that Plaintiff tripped and fell at the site of the unmarked location where the repairs were being undertaken, sustaining physical injuries. After the Court s ustained the City's demurrer to the Complaint, Plaintiff filed her First Amended Complaint (“FAC”) on November 9, 2022, alleging the same cause of action against the C...

Excerpt: ...cent Hospital , Inc. Defendant's default was entered and a default judgment was filed on 4/12/23. On 8/10/23, ACNAR filed a motion to add non- party Magave Care Inc. (Magave) as a judgment debtor via successor liability under CCP § 187. Magave filed an opposition. The Court issued a tentative ruling to deny the motion. At the hearing on 10/10/23, the court heard oral argument and adopted its tentative, denying the CCP § 187 request. Magave m...

Excerpt: ...rd - 6th causes of action, with 30 days leave to amend. Highway 243 argues that Duggin's claims amount to professional negligence, as they are based on design errors and omissions, and therefor the damages claimed are outside of the contractual damages. The problem is th at there are no allegations in the Cross- Complaint to support this. Therefore, the negligence cause of action is barred by the economic loss rule. Further, Highway 243 alleges t...

Excerpt: ...nt surgica l approaches to replace a hip joint. They are both surgical hip replacements, but whether they are substantially different procedures is a factual question for the finder of fact, and not one capable of being decided on demurrer. (See Kaplan v. Mamelak (20 08) 162 Cal.App.4th 637, 647.) As to Defendant's assertions that it cannot be liable for medical battery because only the doctor can provide consent, and the physicians are not empl...

Excerpt: ...ceived to date. The proofs of service filed December 18, 2023 indicate that the Defendants were personally served with the summons and complaint, Notice of Application and Hearing, and a copy of the application and any affidavit in support thereof as required by California Code of Civil Procedure, section 512.030. California Code of Civil Procedure, section 512.060(a) requires that the Court issue a writ of possession where both of the following...

Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...

Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...

Excerpt: ...stituting the fraud until after Defendant's unsuccessful attempts to repair the defects. (FAC , Para. 42.) The court deems, for purposes of demurrer, these allegations to be true. (Hacker v. Homeland Residential, Inc. (2018) 26 Cal.App.5th 270, 280.) Therefore, the 3 year statute of limitations begins to accrue when Plaintiff acquires knowledge that the vehicle is defective, not when the Plaintiff takes delivery of the vehicle. Plaintiff sufficie...

Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...

Excerpt: ... this case. After a trial in this case, on December 12, 2023, this Court Page 3 of 7 issued a Final Statement of Decision in favor of Plaintiff Association. Plaintiff Association is the present assignee of the interest in a 2007 Performance Deed of Trust encumbering the golfcourse. (Final Statement of Decision, pg. 1.) In 2015, a judgment was entered in the prior case in favor of Association that it is entitled to the remedy of foreclosure on its...

Excerpt: ...nit and made repairs to common areas, all of which were paid by the HOA's insurer. Later, LaPay's sister, Plaintiff here, became Trustee of her brother's Trust and eventually sued the HOA and its Manager for breach of governing documents, negligence, conversion, nuisance, trespass, breach of fiduciary duty, and declaratory relief. The HOA now seeks to recover prevailing -party attorneys' fees under Civil Code sections 1717 and 5975, Code of Civi...

Excerpt: ...ned total rea sonable amount of $4800.00 payable by Defendant to Plaintiff. Factual and procedural background: Plaintiff began working for Defendant as a yard truck driver in January 2022. On 7/28/22, Plaintiff was injured when a pallet of four mini refrigerators fell out of a shipping container and dropped on Plaintiff's shoulder. Additionally, the shipping container door swung open and hit Plaintiff's ribcage. Plaintiff continued working for th...

Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...

Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...

Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...

Excerpt: ... problems with the vehic le. Plaintiffs presented the vehicle for repair, but Defendant was unable to conform the vehicle to the applicable warranties. 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 warranty under the SongBeverly Act, and (3) Vio...

Excerpt: ...he y fail to state facts sufficient to constitute a cause of action and are uncertain. In opposition, Plaintiff asserts that the demurrer is without merit, improperly submitted and should be overruled. Further, Plaintiff asserts that Tamara Cross was sued i n her individual capacity, not the law firm. In reply, the Defendant law firm asserts that the FAC simply amounts a retaliatory lawsuit against an opposing Attorney for simply representing h...

Excerpt: ...al relationship giv ing rise to a duty to disclose. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts suffic ient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High ...

Excerpt: ...whole and a ll of its parts in their context. (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, an d of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions,...

Excerpt: ...ding trial te stimony by Goger relating to her elder abuse claims, the value of the property at issue, and the taxes paid on the property. (First Amended Complaint (FAC), Paras. 4, 18, 22, 26, 33, 39, 43, 52, 54.) Goger has met her burden of showing that Plaintiff's cla ims arose out of protected activity. Plaintiff's arguments that the anti -SLAPP statute is inapplicable are meritless. The burden now shifts to Plaintiff to show a probability of ...

Excerpt: ...laint. Dis crimination (1st cause of action): Plaintiff alleges she was constructively terminated from her position. Constructive termination occurs when an employer engages in conduct that effectively forces the employee to resign, i.e., “that the employer either in tentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would real...

Excerpt: ... 22, 2023 (the “Policy”). Plaintiffs filed the original complaint on August 2, 2023 and the operative First Amended Complaint (“FAC”) on October 13, 2023. The Resolution bans “Critical Race Theory or other similar frameworks” in the classroom. In particular, the Resolution bans te aching of the following five elements of Critical Race Theory (“CRT”): 1. Racism is racial prejudice plus power, a concept that is often used to argue...

Excerpt: ...f Expert Mark Blanchette on grounds stated. Declaration of Mark Giannamore: OVERRULE Objections Nos. 1-9. SUSTAIN Objections Nos. 9-14 on grounds stated. Declaration of Mark Burns: SUSTAIN Objections Nos. 15, 17, 19 (1st), 19 (2nd), 20 ,21 and 22 on grounds stated. [The Court notes that in there is no Objection 16 indicated in the objections, and that there are two Objections Nos. 19, identified here as "19(1st) and IS(2nd). OVERRULE Objection No...

Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...

Excerpt: ...his former employer, 23 ½ Hour Home Services dba KC's 23 ½ Hour Plumbing, Inc. and its general manager, Bruce Smith (“Defendant” or “Smith”), for the alleged violation of various California wage and hour laws, including failure to provide overtime, failure to pay m inimum wage, failure to provide meal and rest breaks, failure to pay wages upon termination, failure to issue accurate itemized wage statements, and unlawful business practic...

Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...

Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...

Excerpt: ...sign and manufacturing def ect; strict liability – failure to warn; and res ipsa loquitor. In the Complaint, Plaintiff alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purch...

Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...

Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...

Excerpt: ...4. These motions are nearly identical. Plaintiffs have filed a supplemental opposition to Johns and Strebe's 2/15/24 demurrer. Plaintiffs argue that whether a plaintiff should have discovered facts to determine if delayed discovery is applicable is a question of fact and should only be decided as a matter of law if the evidence can support only one reasonable conclusion. She argues that six licensed real estate professionals received the deed an...

Excerpt: ...ffs”) purchased a 2013 Jetta City (“subject vehicle”), which was manufactured or distributed by Defendant Volkswagen Group of America, Inc. (“Defendant”). Defendant provided warranties with the subject vehicle. Plaintiffs allege that the subject vehicle developed nonconf ormities and defects, including engine defects, during the warranty period. Plaintiffs delivered the subject vehicle to authorized repair facilities, but Defendant's ag...

Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...

Excerpt: ......

Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...

Excerpt: ...covery has ne ver been considered relevant—witnesses may be compelled to appear and testify whether they want to or not.” (Id. at 1251 -1252.) Courts have prevented the release of witness contact information only under extreme circumstances. (Planned Parenthood Golden Gate v. Superior Court (2000) 83 Cal.App.4th 347.) Here, Plaintiff seeks the identity and contact information for Defendant's former employers as percipient witnesses to Wold's ...

Excerpt: ...ed. Verified further response to RFA No. 12, without objections, is to be provided to moving party within 30 days of this order becoming final. This is an elder abuse case. In May 2023, Plaintiff Marilyn Convey (“Plaintiff”), who is over 65 years old and suffe ring from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” ...

Excerpt: ...ostic tests and procedures, conditions, scope, and nature of the examination. CCP § 2032.320(d). It is unclear what types of tests and what neurological issues the examination will cover. In reply, Defendants make no attempt to fix this issue, even though it is pointed ou t by Plaintiff. Based on this alone, the motion must be denied without prejudice. Defendants' request that Plaintiff be precluded from audio recording the examination is also ...

Excerpt: ...efendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, City approved RASI's development and construction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated...

Excerpt: ...ior demurrer brought on similar grounds. Plaintiff's First Amended Complaint now alleges causes of action for: (1) fraud; (2) misrepresentation; (3) violations of the Unfair Competition Law; and (4) elder abuse. Plaintiff alleges in the FAC that she executed a promis sory note and a deed of trust to the originating lender, and challenges Defendants' authority to pursue a non -judicial foreclosure on the ground that the originating lender is the o...

Excerpt: ...s. Factua l and procedural background: Plaintiff filed its original Complaint on 8/23/23, sought injunctive relief for violation of the Immigration Consultant Act. Defendants Delia Gomez Bazan and Azteca Taxes & Auto Insurance Services, LLC. The First Amended Comp laint was filed on 9/14/23. Defendants demur to the entire FAC on grounds that it fails to state facts sufficient to constitute a cause of action, fails to allege any actionable alleg...

Excerpt: ....) A written contract may be pleaded verbatim or generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198- 199.) Alternatively, a written contract can be pleaded by attaching a copy of the complaint and incorporating it by reference. (Davies v. Sallie Mae, Inc. (2008) 168 Cal.App.4th 1086, 1091.) Elmashat alleges that Ayoub breached the Settlement Ag...

Excerpt: ...as sold with a 3-year/36,000-mile basic coverage warranty and a 5 - year/60,000- mile powertrain warranty. Plaintiffs allege that during the warranty period, the Subject Vehicle developed nonconformities, including issues with defective Hydra -Matic 8L90 transmission, which causes the ve hicle to hesitate or jerk or judder when attempting to accelerate (“Transmission Defect”). Plaintiffs delivered the Subject Vehicles to authorized repair fac...

Excerpt: ...with the purcha se of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to experience significant problems with the Vehic l e 's electrical system transmission. Plaintiffs brought the Vehicle in to authorized dealerships and/or repair facilities of Defendant on numerous occasions. As a result of ...

Excerpt: ...o amend. T he Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Ticor's request that the court take judicial notice of the Substitution of Trustee and Full Reconveyance, document no. 2023 - 024390, recorded 8/18/23, is denied. While the court may certainly take judicial notice of the recorded document [Evid. Code § 452], the material will not aid the court in the resolution of the present demurrer. (See Aquila v. Superior Court (20...

Excerpt: ...esk, asked that the room be inspected and bedding changed. On August 2, 2018, Plaintiff woke up with more bite marks. He alleges that the bites were becoming intensely itchy and painful. He again notified the front desk, and was informed that his bedding would be changed. When Plaintiff returned to the room, he inspected the bed, and under the newly changed sheets and found a bed bug infestation. Plaintiff checked out of the hotel. On August 6, ...

Excerpt: ...out ob jection within 30 days of this order becoming final. Sanctions denied. Plaintiff to provide notice pursuant to CCP 1019.5. Page 8 of 10 Defendant WG Hacienda SH LP (Hacienda) is a Residential Care Facility for the Elderly. (Complaint ¶2.) Plaintiff Marilyn Convey was admitted to the facility in May 2023. She suffered from Advanced Alzheimer's Dementia. (¶21.) The Complaint alleges the following: (1) Elder Abuse; (2) Negligence; and (3) ...

Excerpt: ..., modifying i t, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., §1987.1(a).) Either the ...

Excerpt: ... property to t he south. Brown and his wife have resided on their property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they inte nded to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/County. The engineer installed new monuments o...

Excerpt: ...ailure to timely file proof of service on complaint pursuant to CRC 3.110(b & f). A motion to set aside a dismissal is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a dismissal under CCP §473(b) must be based on either: declara tions or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in whic...

Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...

Excerpt: ...ention to resign or retire” (SAC ¶ 12) The SAC alleges sometime that day, DeSantis struck a “secret deal” with former Mayor Yxstian Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a “settlement agreement” to pay DeSantis “an enhanced settlement package worth over $300,000” (SAC ¶ 13) After the closed session, Early “reported out of closed session defendant DESANTIS' notice of resigna...

Excerpt: ...ave been properly pleaded, o acts which may be inerred rom those expressly pleaded, and o any material acts o which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions o act or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the complaint will also be accepted as ...

Excerpt: ...ched Plainti
¯s to sell the property to Defendant Ankr, LLC such that Plainti
¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti
¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...

Excerpt: ...ion 1st Amended Complaint as to Defendant Gabriel Deniz. Leave granted to Þle 2nd Amended Complaint within 20 days of this order becoming Þnal. Moving party, Zixta, to provide notice pursuant to CCP 1019.5. In May 2023, Plainti
¯ Isenia Salcedo (“Plainti
¯”) was an employee of Defendants Zixta Enterprises, Inc.; Zixta Enterprises, Inc. Vallerta Supermarkets 11, 15, 18, 21, 25, 54 (“Zixta Defendants”) at the Vallarta Supermarket in Ind...

Excerpt: ... GM Plainti
¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti
¯ accepted GM's CCP § 998 O
¯er of Compromise under which GM agreed to pay Plainti
¯ $177,000 In additio...

Excerpt: ...ility – failure to warn; and res ipsa loquitor. In the Complaint, Plainti
¯ alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skylines jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purchase and installation of products at the jo...

Excerpt: ...t leave of court, wrongfully re-Þlled their cross-complaint, which the Court previously dismissed. An attorney or unrepresented party who presents a pleading, motion, or similar paper to the court makes an implied certiÞcation as to its legal and factual merit, and a violation of this implied certiÞcation may result in sanctions. (Code Civ. Proc., § 128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Ci...

Excerpt: ...supervision. It moves, alternatively, for summary adjudication of the following issues: (1) Enterprise had no duty to warn because the condition was open and obvious; (2) any failure to warn by Enterprise was not a substantial factor in bringing about Plainti
¯'s injuries; and (3) Enterprise's conduct was not a substantial factor in bringing about Plainti
¯'s harm and Plainti
¯'s own negligence is the sole cause of her injuries. Summary judgme...

Excerpt: ...¯ Jags Care alleges that, since 2001, it leased from defendant County of Riverside a fueling station, convenience store and truck stop at the Blythe airport. Just before the parties' lease was scheduled to expire in June 2020, the County told Plainti
¯ that it would enter into a long-term lease with Plainti
¯ if Plainti
¯ spent millions of dollars repairing and improving the premises. Plainti
¯ contends that it agreed to this proposal and a ...

Excerpt: ...is order becoming Þnal. Sanctions are denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. This is an elder abuse case. In May 2023, Plainti
¯ Marilyn Convey (“Plainti
¯”), who is over 65 years old and su
¯ering from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” or “Defendant”) and Atria Management Co,...

Excerpt: ...310(b)(2).) The purpose of the meet and confer requirement is to make the parties reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17.) The factors in determining whether a party made a “reasonable” and “good faith” attempt to resolve the issues informally may include ...

Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti
¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti
¯ alleges that on April 5, 2021, when Plainti
¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...

Excerpt: ...side the judgment Þled in the companion case Þled under CVPS2106001. In both motions, Appellant argues that the cases were improperly decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate the cases. Appellant's challenge of the December 22, 2022 judgment is also based on a labored contention that this matter should not have been designated a limited civil case when in fact the “real” und...

Excerpt: ...rity as ordered by the Court in its order granting Respondent City's motion to declare Appellant a vexatious litigant. Appellant argues that the motion was decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate such a motion. On that basis, Appellant argues that the order granting the motion to declare Appellant a vexatious litigant and the related order mandating Appellant to post security was...

Excerpt: ...e has an ownership interest in Information Technology, and licenses the trade secret to White Bu
¯alo, who in turn, granted Plainti
¯ the exclusive license to the trade secret. (Rozo Decl. ¶3.) Plainti
¯ argues that a sublicense has standing based on Civil Code §3426.1 which deÞnes misappropriation as: “(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper m...

Excerpt: ...esidential Assn., Inc. v. Hulven Internal, Inc. (2017) 14 Cal.App.5th 156, 170 to 180.) Plainti
¯s claim that there is nothing to show that the 5/25/18 assignment of the DOT is derivative of the 7/26/04 assignment, but the Third Amended Complaint (TAC) expressly states that the 7/26/04 transfer is part of the transaction. (Complaint, Paras. 39, 44.) Next, Plainti
¯s argue that the statute of repose does not apply to this action, because it appl...

Excerpt: ...First Amended CrossComplaint, ¶ 7.) The contract was allegedly entered into at someplace other than Superior's “appropriate trade premises” – Juan and Maria's home. (Id. at ¶ 18.) Based on the agreement attached to the Þrst amended cross-complaint, it appears that the amount of the agreement was more than $25. Due to this, it appears for pleading purposes, Civil Code § 1689.7 appears applicable. Civil Code § 1689.13 applies where a con...

Excerpt: ...d acts determined in Lugo I, many of which occurred after the August 12, 2015 e
¯ective date of the Bond For example, Plainti
¯ contends that the Notice of Ruling from the Lugo 1 Trial states “Perez continually reassured Lugo her funds would be returned Perez conÞrmed he sent a letter, dated September 30, 2015, discussing the return of these funds" (RJN Ex I, Pg 2, Paragraph 7) Additionally, the Notice of Ruling explains, "In February ...

Excerpt: ...azard. On 1/17/24, Plainti
¯ Þled an ex parte application for relief under CCP §437c(h) for a continuance of this scheduled hearing to allow Plainti
¯ to conduct additional discovery. Plainti
¯ asserted it is waiting on completing the deposition of a PMK and production of records necessary to opposing the motion. On 1/19/24, this court denied the application, noting that “there has been previous continuances of the Motion for Summary Judgm...

Excerpt: ...to meet and confer to select two trial dates that are agreeable to all parties. The dates selected must be on Fridays no more than six months after the TSC. Facts/Procedural Summary: On May 3, 2022, Plainti
¯s leased a 2022 Hyundai Tucson. (Comp. ¶9.) Plainti
¯s allege the vehicle was delivered with serious defects and nonconformities to warranty, speciÞcally with respect to the electrical system, suspension, and transmission system. (Comp. �...

Excerpt: ... it Þnds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conßicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel speciÞc performance of a contract. (Freeman v. State Farm Mutual Auto Insuranc...

Excerpt: ... all claims, including those asserted by Plainti
¯ as an individual and whether any defense to the Arbitration Agreement exist. Page 5 of 5 Enforceability is with the arbitrator. The delegation clause provides: “You agree that an arbitrator will decide any question about whether a claim or dispute must be arbitrated under the arbitration clause.” (Hernandez Dec., Ex. B.) The Agreement also provides that the arbitration will be administered b...

Excerpt: ... Radiology. Plainti
¯ argues the subpoenas are overly broad in time and scope as they seek any and all records from February 1, 2011 to the present. Plainti
¯ argues she sustained injuries to her head, back, shoulders neck, ankle and leg, and that any subpoenas should be quashed in their entirety. The court is authorized to order that a subpoena be quashed, modiÞed, or that compliance be directed, with or without limitations, on the Þling of ...

Excerpt: ...acility Act (Bus & Pro Code §§ 21700) and (2) violation o the Unlawul, Unair or Fraudulent Business Acts and Practices (Bus & Pro Code §§ 17200 et seq) On 5/31/2023, the Court dismissed the entire action without prejudice (Order o Dismissal was Þled by the Court on 6/5/2023) Plainti
¯s had ailed to appear at two consecutive hearings ater having been given notice On 8/10/2023, Plainti
¯s Þled a Motion to Set Aside the dismi...

Excerpt: ...olkswagen ID4 at or near the intersection of SR62 and I-10 while heavily intoxicated, crashed into the back of Grace, who was driving a motorcycle, and then continued forward colliding with a guardrail. (Complaint, ¶¶ 3-14, 22-25.) As a result of the collision, Grace was severely injured. (Complaint, ¶¶ 15, 26-30.) Schumacher was arrested at the scene for driving under the inßuence of alcohol/drugs. (Complaint, ¶ 16.) The Complaint sets for...

Excerpt: ...orce Growing Systems, Ltd. (“Defendant”). Through the PSA, Plainti
¯ agreed to sell non-residential real property located at 50th Avenue and Filmore Avenue, City of Coachella, County of Riverside, State of California (the “Property”) to Defendant. Plainti
¯ alleges that Defendant breached the PSA by failing to complete the purchase. On September 13, 2023, Plainti
¯ Þled a Complaint alleging causes of action for: (1) Breach of Contract...

Excerpt: ...co San Diego, and Randall Hoover • CVRI2306261: Plainti
¯s Michael Manzanarez and Keith Koko; Defendants Sysco Corporation and Sysco Riverside, Inc The causes of action in CVRI2203227 are: 1 Violation of Labor Code §11025 (all plainti
¯s) 2 Wrongful constructive termination in violation of public policy (all plainti
¯s) 3 Negligent hiring, supervision, and retention (all plainti
¯s) 4 Age discrimination (all plainti
¯s) 5 Associati...

Excerpt: ... under ERISA § 502(a), 29 U.S.C. § 1132. Conßict preemption does not apply under ERISA § 514, 29 U.S.C. § 1144, since Plainti
¯'s c l a i m s h e r e or implied contract, misrepresentation, negligence and quantum meruit are based on the alleged oral representations made by United's employee regarding a promise to pay or services provided by the Surgery Institute. While the Plan may be the initial step in the causation chain, in that the a...

Excerpt: ...h his LLC 1801 Boulevard Holdings, LLC, is alleged to have wrongfully taken Plainti
¯s' property at 1817 Pintura Circle West. Plainti
¯s' case against Bordewick and the LLC was Þled in 2019 and tried before Judge John Vineyard in September 2021. That case resulted in a verdict in favor of Bordewick and the LLC, and a statement of decision explaining that Plainti
¯s' transfer of the 1817 Pintura property was supported by adequate consideration...

Excerpt: ... by Defendants from January 2014 to April 2017. (Complaint, ¶¶ 7-8.) Plainti
¯s allege that during their tenancy they repeatedly complained to Defendants about maintenance of the septic well/tank and repeatedly requested that Defendants change the water Þlters connected to the Property in order to avoid contamination of the water from harmful bacteria. (Complaint, ¶¶ 12.) However, Defendants ignored Plainti
¯s' requests and failed to maint...

Excerpt: ...inti
¯ alleges that during the warranty period, the Subject Vehicle developed nonconformities, including a transmission defect which causes the vehicle to experience hesitation, delayed acceleration, harsh or hard shifting, jerking, shuddering and/or juddering (“Transmission Defect”). Plainti
¯ asserts that, despite its inability to repair the Subject Vehicle, Defendant refuse to repurchase the vehicle in violation of the Song Beverly Consu...

Excerpt: ...R $25,000) OF GREGORY O'CONNOR 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR BY EASTERN MUNICIPAL WATER DISTRICT FACILITIES CORPORATION CVRI2301595 O'CONNOR VS EASTERN MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR Tentative Ruling: With respect to E...

Excerpt: ...icial notice may be taken of “[f]acts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evidence Code, §452(h).) Such facts and proposition may include the parties' contract. (Salvaty v. Falcon Cable Television (1985) 165 Cal.App.3d 798, 800.) Granted as to Exs. B-C (Plainti
¯'s discovery responses). “[A] complaint'...

Excerpt: ...��) (collectively “Balcor Defendants”) allegedly breached a purchase and sales agreement (“PSA”) by unilaterally canceling it and refusing to sell the Property to Plainti
¯. Shortly after the PSA was cancelled, Balcor Defendants relisted the property for sale, and Defendants PaciÞc Homes at Magnolia LLC (“PaciÞc Homes”), Reed Street LLC (“Reed Street”) and Dean Cook (“Cook”) purchased it. Plainti
¯ alleges that as a result...

Excerpt: ...er and Medi-Cal – Department of Health Care Services to Comply with a Deposition Subpoena to Produce Business Records. Factual / Procedural Context: This lawsuit is brought by Jacob Szemett, a minor, by and through his Guardian Ad Litem, Natalie Enriquez (“Plainti
¯”). Plainti
¯ asserts he attended a high school in Moreno Valley UniÞed School District (“District”). The school allegedly knew that Plainti
¯ was to ride the bus home on...

Excerpt: ... CRYSTAL GALO Tentative Ruling: Motions by Plainti
¯ to Compel Responses to Request for Production of Documents, Set One and to Compel Responses to Form Interrogatories Set One were Þled on 12/21/23. Notice was given by electronic mail on 12/21/2023 regarding the motion and hearing date. Any response would need to be Þled and served 9 court days prior to the hearing (CCP 1005). The Court has not received any opposition to these motions. Accord...

Excerpt: ...t denies Plainti
¯'s request for sanctions. Facts/Procedural Summary Plainti
¯ purchased a 2018 Chevrolet Silverado manufactured and warranted by Defendant GM. Plainti
¯ alleges the vehicle is plagued with serious defects and nonconformities to warranty and Defendant has been unable to remedy the problem within the warranty period. Plainti
¯ alleges Defendant failed to promptly repurchase or replace the vehicle in accordance with the SongBeve...

Excerpt: ...tions are both denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. On October 6, 2023, Plainti
¯ Oasis Independent Medical Associates, Inc. (“Plainti
¯” or “Desert Oasis”) Þled a Complaint against Defendants, Job Lopez, Nurse Practitioner (“NP Lopez”), Juan M. Acosta, M.D. (“Dr. Acosta”), Coachella Valley Medical Group IPA Inc. (“CVMG”), Francisco Cordova, M.D. (“Dr. Cordova”), Carlos Lopez, M.D. (“Dr. Lopez�...

Excerpt: ... Keating (1984) 465 U.S. 1 12; Volt Ino. Sciences Inc. v. Board o Trustees o Leland Stanord Junior University (1989) 489 U.S. 468 477. The FAA embodies a strong ederal policy avoring arbitration. Southland 465 U.S. at 12. The arbitration agreement provides that “[a]rbitration shall be conducted in accordance with and pursuant to the then-e
¯ective provisions o the CAA or i applicable the then-current provisions o the FAA.” D...

Excerpt: ...nt of Horizon Mobile Village and RV Park, which is owned or operated by Defendant Laguna and, it appears, Horizon, which was added into the action as Doe 2. On December 17, 2020, another tenant, Raymond Bernal, stabbed McKee when McKee intervened to stop Bernal from assaulting another tenant. McKee asserts that moving Defendants breached a duty of care owed to the Plainti
¯ by creating a dangerous condition, failing to warn of danger, and failin...

Excerpt: ... prior MSJ was never withdrawn. Procedurally, Moving Party should have withdrawn the original MSJ and then reÞled its new MSJ. Accordingly, the only Motion that can be heard today is the Original Motion Þled on August 16, 2023. The so-called “Amended” MSJ is stricken. On its merits, the MSJ is DENIED. Plainti
¯s objection to the photographs is SUSTAINED. This leaves the only relevant evidence to be Plainti
¯s deposition that only identi...

Excerpt: ...ndants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and tra
¯ic issues for the community, causing a public nuisance. (Id. at ¶ 4.) On September 25, 2023, the County Þled a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County asked the Court to declare that the condition at the Property ...

Excerpt: ...ll expenses including upgrades, and within 30 days of closing, Defendant agreed to execute a new grant deed naming Plainti
¯ and Defendant as joint tenants in common with each holding a 50% ownership interest in the real property. Defendant did not execute the new grant deed, and Plainti
¯ Þled a lawsuit seeking speciÞc performance of the Agreement and obtained a judgment stating that Plainti
¯ is a tenant in common with a 50% ownership in t...

Excerpt: ...PLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. JOINDER TO DEMURRERS AND REQUESTS FOR JUDICIAL NOTICE FILED B...

Excerpt: ...on to strike punitive damages. The Court orders Defendants to Þle their answer within 30 days. Factual / Procedural Context On December 10, 2021, Plainti
¯ Ashley Perkins was shot with a gun while at Defendant Valley Wide Towing, LLC (“Valley Wide”) located at 24850 Rivard Road in Moreno Valley. Plainti
¯ alleges Plainti
¯ Randy A. Wilson (“Wilson”) is a manager and owner and/or operator of Valley Wide. Plainti
¯ was shot in the back...

Excerpt: ... for elder abuse. Plainti
¯ was 87-years old at the time of his residence at Defendant's facility. (FAC, ¶ 1.) On May 22, 2022, Plainti
¯ was admitted to the hospital at which Defendant took on a custodial relationship. (Id at ¶ 11.) Plainti
¯ alleges that Defendant's sta
¯ failed to properly monitor and assess his skin condition, failed to reposition his legs, failed to provide wound care or notify a physician when his skin deteriorated an...