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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...��) (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: ...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: ...of need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plainti
¯ need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549550.) A demurrer on the ground of uncertainty will only be sustained where a defendant cannot reasonably determine what issues must be admitted or denied, or ...

Excerpt: ...he FAC is uncertain based on incorporating by reference paragraphs. (See FAC, ¶¶ 45, 70, 79, 89, 111, 124, 140, 145, 155, 163, 168.) Incorporating by reference is a common pleading practice and the demurrer is overruled to the extent it is based on this practice. Defendant also contends that Plainti
¯s fail to state who the eighth, ninth, tenth, eleventh, and twelfth causes of action are brought by. Typically this is indicated in the heading t...

Excerpt: ...alleges that defendant Jea So (“Defendant” or “So”) swindled him out of his retirement savings by convincing him to invest in her company, defendant 100Bio, LLC (“Company”). (Second Amended Complaint (“FAC”), ¶¶ 8, 9.) Plainti
¯ alleges So represented that she was well experienced in the biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (Id., ¶ 10.) Defendant So was the founder ...

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...

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: ...rt to Þle their Second Amended Complaint within 16 days of this order becoming Þnal. The deadline is mean to coincide with the previously sustained demurrer of other defendants in this action. Moving party to provide notice pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plainti
¯ Je
¯ Johnston, acting in pro per, alleges 27 causes of action. In the instant motion, Defendants Reliance Partners, Inc...

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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...t D/T Carson Enterprises (“Carson Enterprises”) from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. alleges that co-worker, Steven Young (“Young”) made sexually explicit comments and gestures to Plainti
¯ due to his perceived orientation. Plainti
¯ asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was ter...

Excerpt: ...uled as to the Þfth cause of action for Accounting. As the case is not at-issue, the Court shall continue the currently-set CMC to April 29, 2024 at 8:30am. Factual / Procedural Context: Plainti
¯ Radhe Radhe Transport Inc. alleges that Jagdish Kumar Rajgor, Harish Raj Kumar and Defendant Raj Kumar Pandey formed Plainti
¯. Plainti
¯ purchased a new commercial truck that was Þnanced through Opportunity Fund, who demanded that the truck be put...

Excerpt: ...48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has Þled a Cross-Complaint against Home Care. In his original cross-complaint he alleged that he could not be released from his rehabilitation center without proof of 24-hour care. Home Care represented that it could provide said care and it would ...

Excerpt: ...al provision was adopted, the enactors intended that it include a damages remedy for a violation (Katzberg v Regents of University of California (2002) 29 Cal4th 300, 317 (analyzing section 7)) If there is no a
¯irmative intent to allow or withhold damages, the court must then determine whether an adequate remedy exists, the extent to which a constitutional tort action would change established tort law, and the nature and signiÞcance of the...

Excerpt: ...spite it being Þled a day late, because it was only late due to the change in the hearing date or the demurrer, and Plainti
¯ still had su
¯icient time to Þle a reply, so it was not prejudiced by the 1-day delay. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all o its parts in their context. (Moore v. Regents o University o Caliornia (1990) 51 Cal.3d 120, 125.) The court a...

Excerpt: ... case. Plainti
¯ Dilia Kepley (“Plainti
¯”) alleges she was employed by defendant Desert Sands UniÞed School District (the “District” or “Defendant”) from November 2011 to April 2021 as a Food Tech Prep. (First Amended Complaint (“FAC”), ¶¶ 19, 51.) Plainti
¯ alleges that she su
¯ered a work injury in 2017 while preparing food for student meals, including a torn rotator cu
¯, biceps tendon tear and subacromial shoulder imp...

Excerpt: ... respect to sanctions, no sanctions are awarded to either party. The court, upon motion reasonably made by the party, the witness, any consumer, or employee whose personal records are sought, “or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may declare, including ...

Excerpt: ... Blvd. in Perris (“property”). On June 15, 2019, Plainti
¯'s predecessor, 420 Harley Knox, LLC, a California LLC (“Prior Landlord”), entered into a lease with Defendant COTC Management, LLC (“COTC”) for the property. On July 27, 2021, Prior Landlord and Tenant entered into that certain First Amendment to Lease (“First Amendment”), whereby Defendants 420-1, LLC (“420-1”) and 420-3, LLC (“4203) were added as additional tenant...

Excerpt: ...19, defense counsel Þled an answer on behalf of Defendants Lopez and David Sanchez dba Apple Markets, Inc (erroneously sued as “Apple Markets, Inc”) At no time did Defendants seek to amend their answer indicating who was appearing before the court Trial commenced before a jury On 10/20/22, a jury returned a verdict in favor of Plainti
¯ and against Defendants Lopez and Sanchez dba Apple Markets, Inc On 11/21/22, the court entered judgm...

Excerpt: ...Defendants”), alleging (1) violation of the California Self-Service Storage Facility Act (Bus. & Prof. Code §§ 21700) and (2) violation of the Unlawful, Unfair or Fraudulent Business Acts and Practices (Bus. & Prof. Code §§ 17200 et seq.). On 5/31/2023, the Court dismissed the entire action without prejudice (Order of Dismissal was Þled by the Court on 6/5/2023). Plainti
¯s had failed to appear at two consecutive hearings after having bee...

Excerpt: ...Reel Fathers Rights (“RFR”) and Mark A. Reel, Jr. (“Mr. Reel”) (collectively, “Defendants”) in April 2022 as a Managing Attorney of RFR, a law Þrm dedicated to representing fathers in family law matters. (Complaint (Compl.) ¶¶ 8–10.) Plainti
¯ executed an Employment Agreement on 4/21/2022, and began working for Defendants on 5/2/2022. (Id. at ¶¶ 10–11.) Under the Employment Agreement, Plainti
¯ was to be provided 10% equity...

Excerpt: ...ted a modiÞcation of the deed of trust which reßected deferred principal of $119,829.99. In March 2022, Defendant US Bank Trust National Association, (“US Bank”) became the assignee and holder of the Deed of Trust. On April 5, 2022 Defendant MTC Financial, Inc. dba Trustee Corps (“Trustee Corps”) recorded a notice of default. In May 2021, HOA acquired the property. In July 2023, Trustee Corps recorded a notice of trustee sale. Plainti
�...

Excerpt: ...in Plainti
¯ and Defendant Bing Dai (“Defendant Bing Dai”) lived and owned as marital property. According to Plainti
¯, the Eastvale Property was not subject to the martial dissolution, and on or about June 8, 2017, Plainti
¯ obtained a judgment against Defendant Bing Dai in the amount of approximately $300,000.00 for unpaid marital dissolution settlement funds. Since obtaining the Judgment, Defendant has transferred assets and other valua...

Excerpt: ...t must provide further responses that comply with the requirements of CCP §2031.230; speciÞcally, Defendant must identify why the requested documents are unable to be produced (never existed, lost, misplaced, stolen, in another's possession, etc.). RFP Nos. 15-20, 35-40, 55-60, 75-80, 95-100, 119, 121: Defendant is ordered to produce any relevant police reports related to the incidents alleged in Plainti
¯s' Complaint. Defendant is ordered to ...

Excerpt: ...�'s vehicle. Defendant Patricia Solis is alleged to own the vehicle operated by Analley Solis (“Solis Defendants”). Plainti
¯ Þled the complaint on November 10, 2022, alleging 1) motor vehicle negligence; and 2) general negligence. On July 20, 2023, the Solis Defendants Þled a Notice of Settlement and simultaneously Þled an Application for Determination of Good Faith Settlement. Plainti
¯ Þled an Objection to the Notice of Settlement on...

Excerpt: ...(2) Bonds' prior workers' compensation claims, is reasonable (Defendant has agreed to withdraw the subpoena as to and Robbins Brothers Inc) Page 3 of 10 Defendant is ordered to serve revised subpoenas to Plainti
¯'s former employers Lineage Logistics, LLC and Harbor Freight Tools that is consistent with this ruling The Court also orders the parties to enter into a Protective Order to preserve the privacy interests of Plainti
¯ The Court den...

Excerpt: ...ness” (food truck business) located at 5666 Etiwanda Ave., Suite F, in Jurupa Valley. Nunez also agreed to assign the lease and any other necessary assignments. She acknowledged receiving $100,000 from Plainti
¯. The Master Lease is between Defendant, Nunez Plaza, LLC and Plainti
¯ for 3800 square feet of warehouse space and 21,700 square feet of parking lot space. The Lease term was three years beginning 6/1/20. Plainti
¯ gave Nunez a $6,00...

Excerpt: ...cts that Thor's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled ...

Excerpt: ... the veriÞed complaint in this matter on May 30, 2023 against defendants Reverse Mortgage Funding, Inc (“RMF”), Breckenridge Property Fund 2016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plainti
¯ Þled the operative Þrst amended complaint (“FAC”) on November 27, 2023. With the exception of a handful of paragraphs, the allegations of the FAC are virtually identical ...

Excerpt: ... a registered security and Þnancial asset, such that there could be no securitization o the asset The complaint, Þled 11/21/23, asserts: (1) wrongul oreclosure (Civil Code §29235); (2) violation o the FDCPA; (3) violation o TILA; (4) breach o contract; (5) violation o ederal trust and lien laws; (6) slander o title; (7) slander o credit; and (8) inßiction o emotional distress Deendants contend that Catamount Properties purchase...

Excerpt: ...side, Inc., Riverside Healthcare Systems, L.P. as a resident physician at Riverside Community Hospital in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plainti
¯ alleges the defendants discriminated against her based on age, sex, national original, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, su
¯ering from a spinal defect. She alleges that individ...

Excerpt: ...dustry standards. (Id. at ¶ 57.) Dealer allegedly breached this duty by failing to properly store, prepare and repair the vehicle in accordance with industry standards. (Id. at ¶ 58.) With respect to damages, Plainti
¯ allege, in a conclusory way, that Dealer's “negligent breach of its duties” proximately caused their damages. (Id. at ¶ 59.) Plainti
¯s fails to otherwise plead the nature or extent of what their damages are. (Id.) Therefo...

Excerpt: ...y, and is causing downstream property damage to the Deleo property, including but not limited to, severe erosion, signiÞcant damage to trees, and the destruction of the irrigation system. (Complaint, Para. 25.) Defendant KB asserts that this action is time barred because Plainti
¯ has failed to timely challenge the government approval of KBs subdivision plan for the development during the approval process and the applicable period for review. ...

Excerpt: ...rator, Doe 3, demurrers once again to the only cause of action against it, for negligent hiring, supervision, and retention. The Court previously sustained a similar demurrer to the Complaint. Plainti
¯ has now addressed the deÞciencies in the prior complaint. Doe 1 contends that Plainti
¯'s third cause of action is barred by the applicable statute of limitations under Code of Civil Procedure section 340.1. Doe 1 contends that nothing in the F...

Excerpt: ...aint, Plainti
¯s seek dissolution of a partnership that was created between the parties on January 1, 1999, to manage the Oak Crest Ranch (the “partnership”). Plainti
¯s allege dissolution is proper because of Defendant M. William Tildens improper unilateral control of the partnership, and denial of Plainti
¯s access to the partnerships books, reports, and records. (Complaint at ¶¶ 9-10, 19-27, 34-35.) On January 3, 2022, Defendants �...

Excerpt: ...NT ON 2ND AMENDED COMPLAINT FOR OTHER COMPLAINT (OVER $25,000) OF JASON HUNTER Tentative Ruling: This action for recovery under the California False Claims Act (“CFCA”) at Government Code, § 12650, et seq. has been brought by Plainti
¯ Jason Hunter in a representative capacity on behalf of the public. The Second Amended Complaint (SAC) revolves around a City Council closed session meeting that occurred on 12/10/19 when former City Manager T...

Excerpt: ...igence; and 2) premises liability Page 3 of 11 Defendant Forge Partners LLC (“Defendant”) (owner of the property) now moves for summary judgment on the ground there is no issue of material fact as the allegedly unsafe condition was “open and obvious” and there was no necessity that Plainti
¯ encounter the allegedly unsafe condition Defendant argues Plainti
¯ was leaving her daughter's apartment in the afternoon and stepped o
¯ the co...

Excerpt: ... requested.” (CCP § 2025.230.) The deponent must “designate and produce at the deposition those of its o
¯icers, directors, managing agents, employees, or agents who are most qualiÞed to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “...

Excerpt: ...various warranties, including a 4-year/50,000-mile express bumper to bumper warranty, a 4-year/50,000-mile powertrain warranty. Plainti
¯ asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, emission, steering, electrical and suspension defects. Plainti
¯ delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to r...

Excerpt: ...ral), that party may Þle a motion compelling further responses. (CCP § 2031.310.) The motion to compel further responses “shall set forth speciÞc facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and speciÞc facts...

Excerpt: ...vil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plainti
¯s move for an order (1) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party Lyon Real Estate on November 8, 2023, (2) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party United Wholesale Mortgage, LLC...

Excerpt: ...as Gomez (“Gomez”), who was driving in the scope of his employment with Defendants Jat Trucking (“Jat”) 50 60 Heaven (“Heaven”) and/or Fedex Ground Package Systems, Inc. (“Fedex”). Plainti
¯s allege that Gomez was driving negligently at the time of the incident. Decedents parents Plainti
¯s Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg (“Plainti
¯s”) Þled their Complaint on M...

Excerpt: ... is injured due to a risk that is inherent in an activity in which plainti
¯ chose to participate. (Knight v. Jewett (1992) 3 Cal.4th 296, 308; Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, 1154.) Assumption o the risk does not depend on i) the reasonableness or unreasonableness o plainti
¯'s conduct to subject himsel or hersel to the risk o deendant's conduct, or ii) whether plainti
¯ subjectively knew o and voluntarily chose to en...

Excerpt: ...and this indemniÞcation action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. On 10/20/23, Plainti
¯ Þled an application for writ of attachment. The amount to be secured by the attachment is $53,664.60 which includes estimated co...

Excerpt: ....) It was not sent to Defendant's “clerk, secretary, auditor, or governing body” and it was not sent to Defendant's principal o
¯ice. Instead, the address to which the claim was sent was a private residence. (See, Decl. of Deena O. Zaki at ¶¶ 3-4, Exs. B & C; Decl. of Kim Bentrum [“Bentrum Decl.”] at ¶ 7.] Therefore, the claim was defective. Additionally, it is undisputed that Defendant never received this claim. (Bentrum Decl. at ¶�...

Excerpt: ... of GM. (FAC at ¶ 4.) The vehicle, and the transmission it contained, were manufactured by GM. (FAC at ¶¶ 4, 14, 16.) GM provided a full warranty of the vehicle and all its parts. (FAC at ¶¶ 9-10.) The vehicle was equipped with a defective Hydra-Matic 8L90 transmission (“transmission”). (FAC at ¶ 4.) GM knew the transmission had defects and failed to Þnd the cause or Þx those defects. (FAC at ¶ 4.) Despite this, GM marketed the trans...

Excerpt: ...res (“Plainti
¯s”) Þled a Complaint against Defendant, General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song-Beverly Consumer Warranty Act (“Song Beverly Act”); (2) breach of implied warranty in violation of the Song Beverly Act; (3) violation of § 1793.2 of the Song Beverly Act; and (4) fraud/fraudulent inducement/concealment. In the Complaint, Plainti
¯s allege that on July 28...

Excerpt: ...Inc. and City of Palm Springs. Defendant American Airlines, Inc. moves the court for summary judgment, or in the alternative summary adjudication, as to the two causes of action asserted against them for negligence and premises liability on the grounds that Defendant was not on notice of a hazardous condition of the premises, nor is there evidence of any such condition. In opposition, Plainti
¯ asserts the following arguments: 1. There are multi...

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: ...a document that is in the possession o another party. A demanding party may move to compel a urther response to a demand or inspection i the party determines that the statement o compliance or representation o inability to comply is incomplete or i an objection is without merit. (Cal. Code Civ. Proc. §2031.310(a)(1)-(3).) I the court grants the motion to compel urther responses and the responding party ails to obey the court's order, t...

Excerpt: ...e subpoena entirely, modiying it, 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 rom “unreasonable or oppressive demands, including unreasonable violations o the right o privacy o the person.” (Code Civ. Proc., §1987....

Excerpt: ...ant, Wanhoo, LLC (Wanhoo) to purchase real property known as 1713 Beam Hollow in San Jacinto, with a completion date of 7/31/20. Plainti
¯s allege they were targeted by Wanhoo as Þrst-time buyers, and were promised a newly built home, which was not delivered. Plainti
¯s allege that Wanhoo intended to defraud Plainti
¯s of their initial deposit and had no intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the ...

Excerpt: ...App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be su
¯icient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.Ap...

Excerpt: ... of expert qualiÞcation, inadmissible speculation and conclusion, improper legal conclusion, and assume facts not in evidence. “In granting or denying a motion for summary judgment [], the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Here, the Court declines to rule on Defendants' evidentiary objections because they are not directed at evidence that are mater...

Excerpt: ...ong-Beverly Act (against VWGoA); (3) Violation o Civ. Code § 1793.2(a)(3) o Song-Beverly Act (against VWGoA); (4) Breach o the Implied Warranty o Merchantability (against VWGoA); (5) Negligent Repair (against Moss); and (6) Violation o the Magnuson-Moss Warranty Act (against all Deendants). Plainti
¯ alleges that, on July 25, 2020, she entered into a warranty contract with VWGoA regarding a 2020 Volkswagen Tiguan. (Compl. ¶ 8.) The warra...

Excerpt: .../14/13 Their real estate brokers/agents were Vicky Johns dba Lake Laguna Realty (“Johns”) and Amy Vanocur Strebe (“Strebe”) Plainti
¯s believed they were purchasing a 100% interest in the property They assert that in August 2021, they learned for the Þrst time that they were only conveyed 50% interest in the property They assert that JAMKE, Johns, and Strebe all failed to disclose that JAMKE was only conveying a 50% interest They a...

Excerpt: ...hich Plainti
¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti
¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...

Excerpt: .... (C.C.P., § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) When the moving party is a defendant, the motion may only be made on the following grounds: “(i) The court has no jurisdiction of the subject of the cause of action against that defendant” or “(ii) The complaint does not state facts su
¯icient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438(c)(1)(B)(i)&(ii).) The mot...

Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti
¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti
¯, Julie Scha
¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti
¯ was walking on the premises when she tripped over what appe...

Excerpt: ... veteran's status related to a real estate transaction. In the instant motion, Defendants move the court for an order compelling Plainti
¯s to provide further responses to RFPs (Set Two). As to Plainti
¯ Mark Baird numbers 21, 22, 24, 25, 29 and 30. As to Plainti
¯ Bradley Baird numbers 20, 21, 22, 23, 24, 28 and 29. Defendants assert that the documents at issue are relevant to Plainti
¯s' allegations and damages claims, is not otherwise avai...

Excerpt: ... Street – LLC, American R.V. and Boat Storage and Richard Fell dba Fell Capital Management (collectively, “Defendants”). On January 31, 2023, the court granted Defendants' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plainti
¯s failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. The court subsequently denied Plainti
¯s' motion ...

Excerpt: ...eges causes of action for (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation of Civil Code § 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794, and 1795.5.) SpeciÞcally, Plainti
¯ alleges that his 2021 GMC Yukon Denali, which was manufactured and distributed by Defendant, su
¯ers from widespread defects—including the Electrical Defects—and that Defe...

Excerpt: ...alleges that Defendant then presented an amended operating agreement that gave Defendant a 100% ownership stake in the dealership Plainti
¯ was surprised and disappointed about his loss of control to A& Y Enterprises LLC but felt compelled to sign the Amended agreement as Defendant Ihmud was strongly insistent and tried to give Plainti
¯ the impression that the additional provision had no bearing on their business relationship Nevertheless, p...

Excerpt: ...are ordered to provide updated CMC statements prior to that date. Factual / Procedural Context: Plainti
¯ Doug Chadwick alleges that he was employed full time by Defendant TNT Plastic Molding as Vice President and director, along as a shareholder. His brother, Defendant Dennis Chadwick began Þnancial mismanagement of the company as he ran a separate company (Crystal Tex) at TNT's business. When Plainti
¯ complained about mismanagement, Defenda...

Excerpt: ...aints of shortness of breath. (Complaint, ¶ 14.) She was subsequently diagnosed with acute respiratory failure and admitted to the ICU. (Complaint ¶ 14.) Decedent physician's orders included an order for steroids and GERD medication which Plainti
¯s' allege that Defendants failed to administer. (Complaint ¶¶ 16-20.) As a result, the Complaint alleges that decedent deteriorated and needed to be intubated. (Complaint ¶ 21.) Plainti
¯s conten...

Excerpt: ...octrine and are limited to the time period from the time of Plainti
¯s' purchase to present. As to Sanctions, it is denied. CCP §2025.230 governs the depositions of persons most qualiÞed as follows: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event the deponent shall designate and produce at the deposition those of its o...

Excerpt: ...background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Directors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that the Board Members failed...

Excerpt: ... whole and all 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, and 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: ... (CCP § 430.10(e).) 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. 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 which judicial notice has been req...

Excerpt: ...ant David Orozco Pliego, an employee of the City of Riverside (“O
¯icer Pliego”), was operating a vehicle traveling on Central Avenue in the same direction ahead of Plainti
¯'s vehicle in the number two (2) lane, the lane next to Plainti
¯ P l a i n t i
¯ alleges that O
¯icer Pliego suddenly, and without warning, made a U-turn from the number two (2) lane, causing Plainti
¯ to collide with O
¯icer Pliego's vehicle Plainti
¯ alleges ...

Excerpt: ...olved in a project, Ro cket must b e named as an addition al insured under the subcontractor's policy or the SNIC Policy does not apply to the occurrence and thus there is no coverage. (FACC, Exh. B.) SNIC argues Rocket's ailure to allege it was an additional insured under Divine's policy means that Rocket has not stated a cause o action. However, SNIC cites to no authority requiring it to make such a speciÞc allegation. Indeed, Rocket's alleg...

Excerpt: ...al Arbitration Act or California Arbitration Act govern this dispute Defendant o
¯ers su
¯icient evidence that it is engaged in interstate commerce Further, the arbitration agreement expressly states that the FAA applies If an arbitration agreement expressly states that it is governed by the FAA the FAA applies Aviation Data, Inc v Am Express Travel Related Servs Co, Inc (2007) 152 CalApp4th 1522, 1534-1535; Victrola 89, LLC v Jama...

Excerpt: ...), alleging (1) wrongful termination in violation of Lab. Code § 1102.5(b); (2) wrongful termination in violation of Labor Code (Lab. Code) § 6310(a)(1); (3) wrongful termination in violation of Lab. Code § 98.6; (4) wrongful termination in violation of public policy; (5) failure to provide meal periods; (6) failure to provide rest periods; (7) failure to pay minimum wage; (8) failure to reimburse expenses; (9) failure to pay Þnal wages; and ...

Excerpt: ...s to the breach of contract that was the subject of the Complaint. Khodaverdian's counsel declares in support of the motion that he learned in November 21, 2023, for the Þrst time through discovery responses that Eisenhower Defendants contend that the ConÞdential Separation Agreement and Release of all Claims, the subject of the sole existing cause of action for breach of contract, does not apply to acts by Wilson, and that Wilson is not part o...

Excerpt: ...greement indicate that it is subject to the FAA. Since the FAA does not apply, the EFAA as well has no application to the arbitration agreement at issue. While the claims as set forth in the Complaint are covered by the language of the arbitration agreement, the arbitration agreement itself is unconscionable. A contract is unenforceable if it is unconscionable. (Civ. Code § 1670.5.) “The doctrine of unconscionability contains two components: p...

Excerpt: ...§ 19871) A deposition subpoena may be attacked based on, inter alia, deects in the orm and content o the subpoena, records sought not within the permissible scope o discovery, and a consumer's right o privacy in among other grounds (Weil & Brown, CPG: Civ Proc Beore Trial (TRG 2023) §8:598; see also, CCP §19853(e) [consumer's right to privacy in “personal records”) This motion addresses two deposition subpoenas or medical rec...

Excerpt: ...r's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled in Indiana. ...

Excerpt: ... injury. She alleges that the store's manager was responsible for maintenance, and for verifying there was a policy to maintain the premises according to industry standards, policies, and procedures. Plaintiff filed her Complaint on 9/13/23 alleging two causes of action for general negligence and premises liabil-ty. *** Defendant, Costco Wholesale Corporation (Costco), brings this motion to disqualify Plaintiff's counsel, Downtown L.A. Law Group ...