Excerpt: ... appears that conduct that occurred before Plaintiff filed for bankruptcy can make her a borrower under Civil Code § 2920.5(c). See Morris v. JPMorgan Chase Bank, N.A. (2022) 78 Cal.App.5th 279, 297- 299. First Cause of Action for Violation of Civil Code § 2923.5 (A)( 2). This section requires a mortgage servicer to contact a borrower to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure before...

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: ... counsel at the hearing on this motion. Factual and procedural background: On 5/1/23, pedestrian, Pla Khang (“decedent”), was struck by Defendant Gabriel Guzman, during his employment with Defendant Rancho Ready Mix and died shortly after the collision. On 6/23/23, Plaintiffs, decedents children and step -children, filed their initial Complaint against the Defendants for Wrongful Death and Survival Damages. Plaintiff Pang Yang, seventy -four...

Excerpt: ... the pandemi c, Decedent Raul Galindo (“Decedent”) was a healthy 40 -year - old who presented to Defendant Corona Regional Medical Center (“Medical Center”) with symptoms of COVID -19. Instead of being prescribed a safe, low -risk “standard treatment” for COVID, Decedent wa s sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed about the low -r...

Excerpt: ...ng Veva' s direct care ne eds (Complaint ¶ 9). Plaintiff alleges that Rod interviewed and hired Plaintiff to care for Veva on 9/23/16 and that Defendant at some unspecified time thereafter promised to provide Plaintiff with free room and board and to pay the Plaintiff a salary in an unspecified amount to care for Veva. (Complaint ¶¶ 10 & 17); Plaintiff alleges Defendant had no intention of fulfilling that promise, and made the promise t...

Excerpt: ...eclaration which complies with CRC Rule 3.1324. Plaintiff filed a declaration on 3/11/24. Problematically, as with the prior declarations and as pointed out by Defendants in their 3/20/24 and 3/24/24 oppositions, it still does not comply with CRC Rule 3.1324 as the decl aration does not discuss when the facts were discovered, why its necessary/proper and why the amendment was not made earlier. In addition, the proposed FAC attached to the curren...

Excerpt: ... of the Second Amended Cross- Complaint is sustained with 20 days leave to amend. Page 6 of 11 Plaintiff/Cross -Defendant Robert Marquez's Demurrer as to the seventh (breach of fiduciary duty) and eighth (unfair business practices) causes of action of the Second Amended Cr oss-Complaint is overruled. Plaintiff/Cross - Defendant's Unopposed Motion to Strike is granted. A general demurrer lies where the pleading does not state facts sufficient to ...

Excerpt: ...n the campaign. Bennett is a busi ness representative and lawyer for International Brotherhood of Electrical Workers, Local 47 (“Local 47”). Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint on 4/20/22. After the court sustained in part Defendant Local 47's demu r r e r, Plaintiff filed the Second Amended Complaint (“SAC”) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online im...

Excerpt: ...edural C ontext: Plaintiff Zachary Sarmiento, a minor by and through his guardian ad litem Stephanie Winters, alleges that while attending Riverside Unified School District's Martin Luther King High School, another student, Dustin Watts, assaulted him. Plaintiff alleges that the District failed to take appropriate safety and security measures. On 1/17/23, Plaintiff filed his complaint for damages. On 4/21/23, Plaintiff added as doe Defendants D...

Excerpt: ...he Rules of Court, and while the Court could simply deny the motions, the Court's preference is to hear these issues on the merits. Therefore, the Court orders Moving Parties to submit a brief that comports with the Rules of Court no later April 15, 2024. Plaintiff may file an opposition no later than April 23, 2024, and the motion shall be heard on May 1, 2024 at 8:30am. The Court will accept no further briefing. The Court notes there is also ...

Excerpt: ...us injuries as a resul t of the collision. On September 25, 2023, Plaintiff filed his Complaint, which asserts one cause of action for personal injuries. Defendant now moves to strike the prayer for punitive damages and any references in support of the claim for punitive damage s. Defendant argues that the Complaint contains no facts showing malice and the conclusory allegation are insufficient. Defendant argues that he did not intend to cause t...

Excerpt: ...vehicle accident t hat allegedly occurred on April 9, 2022. It is alleged that Defendants Lopez and Hernandez negligently made a lane change and struck Plaintiff's vehicle causing Plaintiff to sustain damages. On December 20, 2023, Defendants/Cross -Complainants (“Cross -Co mplainants,” for purposes of this motion) filed a Cross - Complaint against Cross -Defendant Charleen Caye Anne Perez (“Cross -Defendant”) alleging causes of action f...

Excerpt: ... (Cal. Code Civ. Pro. §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials.” (Calcor Space Facility v. Superior Court (1997) 53 Cal. App. 4th 216, 222.) The responding party must respond to each request by either a statement that the party will comply, a representation that the party is...

Excerpt: ...e was wrongfully terminated for r aising workplace safety complaints and reporting safety issues to government authorities. On 10/4/23, Plaintiff filed his Complaint alleging the following causes of action: (1) Whistleblower Retaliation in Violation of § 1102.5; (2) Whistleblower Retaliat ion in Violation of § 6310; (3) Whistleblower Retaliation in Violation of § 6311; (4) Wrongful Termination in Violation of Public Policy; (5) Failure to Pro...

Excerpt: ...alleges, among 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 d...

Excerpt: ... Amended Compla int, which is entitled “fraudulent inducement -concealment,” alleged as against Ford, and the sixth cause of action for negligent repair alleged as against Fiesta Ford. 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 sufficient to state a cause of action, ...

Excerpt: ...in 5 court days. Overall Factual/Procedural Context On February 26, 2007, Plaintiffs Martha Clohecy and Darcy L. Clohecy (“Plaintiffs”) filed a Complaint against multiple Defendants, including Marlene Z. Robertson (“Robertson”), alleging (1) Dependent Adult Abuse, (2) Negligence (Custodial Care), (3) Fraud (Misrepresentation and Concealment), and (4) Violation of Patients' Rights (Health & Safety Code § 1430). On March 13, 2009, the Cou...

Excerpt: ... of the Song Page 2 of 6 Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiffs allege that on February 25, 2018, they purchased a 2018 Honda Accord (the “vehicle”), and entered into a bumper to bumper warranty agreement on the vehicle with Defendant. (Complaint at ¶¶ 7, 15.) Defects and nonconformities manifested that impaired the use, value, and safety of the vehicle. (Complaint at ¶ 16.) Plaintiffs fir...

Excerpt: ...nal appearan ce next week, regardless whether either side requests oral argument on the motion, the Court shall order the parties to appear to address the TSC. Factual / Procedural Context: This is a personal injury action arising out of a motor vehicle accident that o ccurred on January 13, 2022. Jonathon Lee Byrd (“Plaintiff”) alleges that he was a passenger in a vehicle driven by defendant Mark Hansen (“Defendant”). While driving eastb...

Excerpt: ...owing: (1) The org anization of the limited liability company, its internal affairs, and the authority of its members and managers.” This recognizes the internal affairs doctrine, which was originally created in response to corporations. As explained by one court, ‘The int ernal affairs doctrine is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation's internal affairs —m...

Excerpt: ...�led its Com plaint on 7/13/22 alleging a single cause of action for subrogation. *** Defendant, Rachelle Stanisci, brings this motion to set aside the default entered against her on 6/16/23, and to vacate the default judgment entered on 12/6/23 so, she can file an ans w e r, a n d defend the action. Defendant asserts that proper service was not made on her as the service address was wrong so, the default judgment is void. (CCP § 473(d).) The m...

Excerpt: ...case, the Wac hters argue that Defendants should not recover their post -offer expert fees because Defendants' 998 Offer was made jointly to the Wachters, and failed to specify the sum offered to each Plaintiff individually. (Motion, 2:5 -9; 4:20 -22; 5:10- 12.) The Wachter s also argue that, even if the section 998 Offer is deemed valid, a significant portion of the fees should still be stricken or taxed as nonrecoverable, because they were inc...

Excerpt: ...ning of September 15, 2018. Tyler was taken to the hospital where he died the next day. Plaintiffs Myesha Kimble and William Hilliard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured variou s 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 emplo...

Excerpt: ...igin/religious hara ssment; (2) discrimination based on religion/national origin; (3) retaliation in violation of Gov. Code § 12940; and (4) retaliation in violation of Labor Code § 1102.5, arising out of his employment with the Riverside County Sheriff's Office. Page 3 of 5 On December 19, 2023, Defendants served their first sets of discovery on Plaintiff, including general form interrogatories (“FROGs”), employment law form interrogatori...

Excerpt: ... complaint fo r: (1) breach of contract; (2) open book account; (3) account stated; (4) restitution; and (5) goods and services rendered. Defendants move for judgment on the pleadings contending that the contract attached to the complaint says that there is an additiona l form, yet no form is attached. Therefore, there is no complete copy of the contract. In opposition, Plaintiff contends that there is no issue with the terms of the contract alle...