Excerpt: ...�led the underlying action against his real estate agent, Rodriguez and Vanguard Real Estate, and his broker, Herrera who now operates business under Good Life Realtor, for the agent's conduct of secretly refraining from letting the sellers know that another offer was made in addition to the offer made by Bernal. Bernal alleges the agent's conduct was motivated by financial gain as he stood to make more money if sellers accepted Bernal's offer a...

Excerpt: ...�fth cause of action for fraudulent inducement – concealment, and a sixth cause of action against Defendant Gosch Ford (“Gosch”) for negligent repair. The Complaint alleges that on 1/17/23, Plaintiff purchased a 2023 Ford F- 150 (“Subject Vehicle” or the “Vehicle”). (Compl. ¶ 9.) It further alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but no...

Excerpt: ...ames Hodges for vario us acts of financial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from a...

Excerpt: ...ant City o f Riverside (the “City” or “Defendant”), alleging (1) premises liability (common law negligence) and (2) general negligence (against a public entity under Gov. Code § 835). On 9/13/2023, Plaintiff's counsel received a meet and confer letter from the Cit y, requesting clarification on Plaintiff's first cause of action based on common law and emphasizing that government tort liability is dependent on statute. (Id. at ¶ 6.) Wi...

Excerpt: ...th defendant J.B. Hun t Transport, Inc. (“Defendant”). On August 4, 2022, Plaintiff filed the Complaint alleging negligence, negligent entrustment and negligent hiring/supervision/retention. On February 14, 2023, Defendant served its first set of written discovery requests on Plaintiff, including form interrogatories, 29 special interrogatories, and 34 requests for production of documents, to which Plaintiff timely responded. Plaintiff cont...

Excerpt: ...ries, inst ead of Eastern Municipal Water District Facilities Corporation who was erroneously sued. Plaintiff alleges, on June 06, 2022, he was injured when he drove his vehicle over an exposed utility hole which was a dangerous condition on the roadway. On or about August 22, 2022, Plaintiff filed a government claim against Eastern Municipal Water District for his injuries. (Declaration of Ramin T. Montakab [“Montakab Decl.”], Ex. 1 [Claim ...

Excerpt: ...rking on the roof o f a commercial building located at 3777 Mission Avenue, Riverside, California (the “Property”). The roof of the Property was covered with waterproof paper and there were no signs or anything else indicating it was a hazard zone. (Complaint at ¶¶ GN -1, Prem .L.1.) Defendants negligently owned, maintained, and operated the Property, and willfully and/or maliciously failed to warn of the dangerous condition. (Complaint at ...

Excerpt: ...nths (3 years) o r 36,000 miles; Drivetrain/Powertrain Warranty for the earlier of 72 months (6 years) or 60,000 miles; and Emissions Warranty for the earlier of 7 years or 70,000 miles. (Id. at ¶ 7.) During the applicable express warranty period, the subject vehicle dev eloped defects and nonconformities to warranty. (Id. at ¶ 16.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conf...

Excerpt: ...intiff alleges that ser ious defects and nonconformities to warranty manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, ¶¶ 15, 16, 54.) The Complaint sets forth four causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code § 17200; and (4) Negligent Re...

Excerpt: ...nding the NOD . (Def.'s RJN 4.) Plaintiffs cannot establish “an illegal, fraudulent or willfully oppressive sale,” since the foreclosure sale never took place. Plaintiffs nonetheless argue that their wrongful foreclosure cause of action is valid because it is based on F MC's alleged failure to comply with the HBOR provisions identified in the FAC (i.e., Civ. Code §§ 2923.4, 2923.5, 2923.7, 3273.01 et seq.). (See FAC ¶¶ 45– 60.) However...

Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...

Excerpt: ... six gen eral population inmates. Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22, and the ope...

Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...

Excerpt: ...CP 1019 .5. This is an employment dispute. On October 1, 2023, Plaintiff, Guadalupe Garcia (“Plaintiff”) filed a Complaint against her employers, Defendants, Canyon Villas Place, LLC (“Canyon Villas”) and The River Apartments, LLC (“River Apartments”) (together “ Defendants”), asserting 20 causes of action for FEHA and Labor Code violations. Plaintiff's claims generally arise out of Defendants' alleged improper treatment and term...

Excerpt: ...ited to th e bumper-to -bumper warranty, powertrain warranty, emission warranty, etc. (Id. at ¶ 7, Ex. A.) During the applicable express warranty period, the subject vehicle developed defects and nonconformities to warranty, including but not limited to transmission defects, suspension defects, among others. (Id. at ¶ 11.) Plaintiff delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conform the veh...

Excerpt: ...t Agreement” (the “ Employment Agreement) (collectively the agreements are referred to herein as the “Agreements”). (Declaration of Stephen D. Weisskopf (“Weisskopf Decl.”) ¶ 5, Ex. C.) The Agreements govern the employment relationship between Plaintiff and theITSupportCent er and both contained a broad arbitration clause. (Weisskopf Decl., ¶4, Ex. B (Section 21) and ¶5, Ex C (Section 15).) Both of the agreements were signed by Pla...

Excerpt: ... and its in dividual physicians for engaging in an alleged “scheme that involved the filing of false and defamatory internal complaints” against Plaintiff and “summarily suspending Plaintiff's admitting privileges under false pretenses.” Plaintiff alleges such acts w ere intended to destroy his professional reputation and to unfairly compete with him to take away his patients, causing him to suffer emotional distress and economic harm. P...

Excerpt: ...rd Donahue, MAI, FRICS setting forth the basis of the appraisal calculation and setting the appraisal at $40,400. Construction of the Project is scheduled to commence on or about April 8, 2024. Any delay in possession will derail the sequence of construction and rel ocation of public improvements that must be completed to benefit residents and businesses in the City. (Moreno Reply Decl., ¶¶ 4 & 5.) The construction involves the relocation of s...

Excerpt: ...are entitled t o reasonably incurred costs, including attorney's fees. Counsel provided detailed billing records showing a lodestar total of $104,626.50 based on 256.9 hours. (Kirnos Decl., Ex. A.) Defendant argues that hours are excessive due to overstaffing by 17 atto rneys. “[I]t is appropriate for a trial court to reduce a fee award based on its reasonable determination that a routine, noncomplex case was overstaffed to a degree that signi�...

Excerpt: ...warranty data compiled from GM's network of dealers; testing conducted by GM in response to these complaints; as well as warranty repair and part replacements data received by GM from its network of dealers (¶¶ 64 –66, 68– 71, 73); that, despite such knowledge, Defendant continued to conceal and failed to disclose the Transmission Defect to its consumers (¶¶ 68, 71 –72, 75– 76); and that had Plaintiffs known that the subject vehicle w...

Excerpt: ...di (“Michael”) (Be cause multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect is intended.” (Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal. App. 4th 280, 283.)) and Pasquale Justin Baldi (“Pasquale”) for: (1) conversion; (2) money had and received; (3) violation of Penal Code § 496; (4) breach of fiduciary duty; (5) breach of the duty of loyalty; (6) fraud; and ...

Excerpt: ...alleging sigh t (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warran ty of Habitability Pertaining to Interior Maintenance (Civ. Code, § 1941.1); 5) Breach of Warranty of Habitability pertaining to Exterior Maintenance (Civ. Code, § 1941.1); 6...

Excerpt: ...a separate work phone, and he was never reimbursed. He alleges he was transferred from the juvenile and South County jail to the downtown jail facility as a Senior Institutional Nurse. Shortly after his transfer, on or around 11/4/22 Plaintiff discovered rampant ti mecard fraud. Plaintiff reported the fraud to Human Resources and they failed to take him seriously. Eventually, HR approved Plaintiff's request to conduct an investigation, which he p...

Excerpt: ...n that th e pleadings are not at -issue, the Court shall continue the Case Management Conference hearing to June 25, 2024 at 8:30am. Factual / Procedural Context On October 26, 2023, Plaintiff, Sergio Gonzalez Ramirez (“Plaintiff”) filed 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) bre...

Excerpt: ... Inc. (“Defendant” or “Tilly's”) sale of a 2017 Axis A22 boat with a motor and a trailer (the “Subject Boat”) to ANTHONY MAI (“Mai”). Plaintiff, Bank of the West (“Plaintiff” or “BMO”), alleges that on 6/22/16, Defendant Tilly's submitted its application to do business with the Plaintiff BMO under a written Master NonRecourse Dealer Installment Sale Contract Agreement- Marine (“Dealer Contract”), which was approved/acc...

Excerpt: ...vehicle d eveloped various defects, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶ 11.) The nonconformities Plaintiff complains of include transmission defects, suspension defects. (Ibid.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to either promptly replace the vehicle or make r...

Excerpt: ...nd (3) vicarious liability un der Gov. Code § 815 et seq (On 2/24/2024, Plaintiffs filed a Request for Dismissal of Defendant State of California from this action without prejudice, which was granted by the Clerk that same day.) On April 28, 2022, Sullivan, while in the course and sc ope of her employment with the District, was operating a motor vehicle owned by the District. (Compl. 6.) Plaintiffs allege that Sullivan negligently operated the ...

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

Excerpt: ...ays of ser vice of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Fe lix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (“Lourdes”) and Marco Antonio Tejada (“Marco”) (...

Excerpt: ...10.) On November 13, 2018 , Plaintiff was criminally charged with vehicular manslaughter, Case No. INM1807905 (“criminal case”). (Id., ¶ 11.) Thereafter, Plaintiff retained Defendants to defend him in the criminal case. (Id., ¶¶ 12, 13.) Plaintiff alleges that Defendants mishandl ed and mismanaged the underlying criminal case, resulting in a criminal restitution order in excess of $400,000, notwithstanding his payment of $1.5 million to se...

Excerpt: ... and 128.7, seeking t he complaint be stricken and monetary sanctions in the amount of $4,922.00 be awarded, for Plaintiff improperly bringing a complaint that lacks evidentiary support and asserting frivolous legal contentions. It asserts that Plaintiff tripped and fell over a gas hose that she placed into her vehicle herself. Costco contends that Plaintiff created the situation and had full knowledge that the hose was there and made the decisio...

Excerpt: ...d on Jan uary 17, 2023. Plaintiff's initial pleading consisted of a petition for writ of mandate and complaint for contract claims. At a June 22, 2023 status hearing, the Court set hearing on the writ of mandate for January 11, 2024. (Minute Order dated June 22, 2023; Declaration of Ryan T. Waggoner iso Motion [“Waggoner Decl.”], ¶ 4.) Plaintiff subsequently moved for leave to amend the Complaint, proposing to remove the first cause of acti...

Excerpt: ...ts Complaint. Plaintiff assert s four causes of action for: (1) Open Book Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on Feb ruary 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, enter...

Excerpt: ...ff's first (breach of written contract) and second (money had and received) causes of action are based on the terms of the Lease entered between the parties. (FAC ¶¶ 14 –16, 19.) With respect to the first cause of action, the FAC alleged that “Defendants and each of them br eached the Lease on or about August 2, 2022 . . . by failing and refusing to compensate and reimburse Plaintiff for the damage Plaintiff has incurred as a result of th...

Excerpt: ...nce per se. On May 2 2, 2023, Plaintiffs Johnna Burnett and James David Burnett (“Burnett Plaintiffs”) filed their initial Complaint against Defendant, alleging negligence and negligence per se. On October 3, 2023, Koziel Plaintiffs filed their First Amended Complaint (“FAC”) alleging the same two causes of action. That same day, Burnett Plaintiffs also filed their FAC alleging the same two causes of action. On November 6, 2023, Defend...

Excerpt: ...d at 33057 Ran cho Vista Drive, Cathedral City (“Property 1”) and 33- 081 Rancho Vista Drive, Cathedral City (“Property 2”). On December 7, 2021, Plaintiff DSA Management, LLC (“Plaintiff”) entered into a Building Construction Contract (“Contract”) with Defendants WEW Con struction, Inc. and William E. Wright (collectively “WEW”) for the construction of a house on Property 2. Per the terms of the Contract, work was to commence...

Excerpt: ...complaint for pre mises liability and general negligence against Defendant Cardenas Markets, Inc. for a slip and fall on 11/4/21 at Defendant's Moreno Valley store. On 10/2/23, Plaintiff filed a doe amendment naming Cardenas Markets, LLC as Doe 1. Plaintiff moves to comp el the depositions of the PMQs for both Defendants, contending that Defendants have failed to provide alternative dates and Defendants have refused to appear. Plaintiff requests...

Excerpt: ...ims XP breached the Contract by entering into an agreement with Safeco to with regard the value of the property without his consent in violation of Section 18(J) of the NAIC Model Laws, Regulations, Guidelines and Other Resources (October 2015), which provides that an adjuster may not agree to any loss settlement without the insured's knowledge or consent. (FAC, ¶31.) However, Plaintiff does not point to any contractual terms relating to Claims ...

Excerpt: ...rovision authorizing recovery of fees incurred in connection with the enforcement of a prior judgment (Code Civ. Proc., § 685.040). It appears the merger rule does apply, and therefore, HOA cannot establish a basis for recovery of fees under the contractual fee provision of the Performance Deed of Trust as the entry of the judgment in the prior action is said to have absolved the defendant of further contractual obligations as the judgment repla...

Excerpt: ... (C.C.P. § 437c(q).) Plaintiffs object to Vance and Downey's own deposition testimony. These are not welltaken and are overruled. Plaintiffs objections to portions of the traffic collision report regarding the officer's conclusion that Vance caused the collision by fa iling to stop at the stop sign at Via Zapeda and Canyon Crest Drive are sustained as hearsay. (People v. Sanchez (2016) 63 Cal.4th 665. 694695.) The objections to the declarations ...

Excerpt: ...warranted by Defendant General Motors, LLC. Plaintiff filed the Complaint on March 8, 2023, alleging breach of express and implied warranty. On January 24, 2024, Plaintiff served a notice of deposition of Defendant's person(s) most qualified (“PMQ”) on four (4) categories of examination with six (6) requests for production of documents. Defendant served written objections and failed to produce a PMQ for deposition. Plaintiff now moves to co...

Excerpt: ...ly. Grant t he motion to quash in its entirety to the subpoena propounded on UBS. Deny both parties requests for sanctions. Portero Commercial, LLC (“Portero”) owns undeveloped property in Riverside County. It began improving the property in 2005. It planned on c onstructing residential, commercial, and industrial spaces on the property. In 2018, Portero entered into a loan agreement with Southland Equities, LLC (“SEQ”). The loan was to m...

Excerpt: ...xpenditures, does not make every proposed action by the administrative board a petitioning activity before a governmental entity. Here administrative board meetings of a non -profit organization, even one whose fiscal sponsor and oversight falls to a City, cannot be de emed part of any “legislative,” “judicial,” or “official” proceeding, or indeed any proceeding “authorized by law” and reviewable by writ of mandate. (See Slaught...

Excerpt: ..., P aul Smith and Jasmine P. Smith (“Plaintiffs”) filed a Complaint against Defendants, The Inn at Deep Canyon (“The Inn”) and Arnold Kirschenbaum (together “Defendants”) for (1) battery; (2) negligence; (3) intentional infliction of emotional distress (“IIED” ); (4) fraudulent concealment; (5) private nuisance; and (6) public nuisance. Plaintiffs allege that they stayed at The Inn, located at 74470 Abronia Trail, Palm Desert, C...

Excerpt: ...nt on 10/26/23. On 12/1/23, Defendant filed a memorandum of costs for $11,002.21. Plaintiffs move to tax costs as to filing fees ($1,092.45), deposition ($120), witness fees ($394.40), court reporter charges ($848.06), and other charges ($4,404.60), contending that t hey are unreasonable and unnecessary. They contend that the receipts are not itemized or are vaguely labeled. Defendants oppose the motion contending the costs for filing, exhibit...

Excerpt: ...ural C ontext On August 19, 2021, Petitioner Jason Threedouble (“Petitioner”) was insured by Respondent Progressive West Insurance Company (“Progressive”) and was involved in an automobile accident where the at -fault driver only carried minimum statutory state li mits of $15,000 (“First Accident”). On April 25, 2022, Petitioner was insured by Respondent Infinity Select Insurance Company (“Infinity”) and was also involved in an ...

Excerpt: ..., set one, nos . 1-70. He contends Defendant provided boilerplate objections, and refused to produce any documents related to repurchase policies, or knowledge of the defect. He argues the claim are relevant to Song -Beverly penalties and fraud claim. He requests sanctions of $3,220.00. Defendant opposes the motion on the grounds that this is a basic lemon law case and is not entitled to information other than Plaintiff's vehicle. It argues Plain...

Excerpt: ... bins at 9:30 p.m. on 3/7/21 where he opened the trash bin gate, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defenda nts, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premise...

Excerpt: .... Binuya suffered a massive blood loss and had to be transported to the hospital. There must be more than the failure to provide proper medical services to describe a caretaking or custodial relationship. “[C]laims under the Elder Abuse Act are not brought against health care providers in their capacity as providers but, rather, against custodians and caregivers that abuse elders and that may or may not, incidentally, also be health care provid...

Excerpt: ...14/23, and filed a late claim on 7/24/23. They inadvertently missed the deadline as counsel mistakenly filed the claim with the City of Riverside rather than the City of Beaumont. Respondents oppose. The court continued this hearing for further briefing on 1/25/24 after review of Petitioner's initial petition and reply; and Respondent's opposition and objections to the declarations filed in reply. In supplemental opposition, Respondents conte...