Excerpt: ... Legend ary Group International for damages of $504,000 and the order of default judgment on June 9, 2023 against R&D Foundation, LLC for $800,000 is vacated. The May 26, 2023 order granting Plaintiffs' motion for an order deeming facts admitted and the formal or der entered into the record on June 2, 2023 is vacated. The January 24, 2024 order granting Plaintiffs' motion for summary adjudication, and the formal order entered into the record on J...

Excerpt: ...ertain specifie d terms and conditions. (CCP § 2025.420 (b)(1), (9), (10).) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.420(a).) A party seeking a protective order must show good cause for issuance of the order by a preponderance of the ev idence. (Stadish v. Sup. Ct. (Southern Calif. Gas Co.) (1999)71 Cal.App.4th 1130, 1144.) The issue in the present case involves the priority of expert discovery. While there ...

Excerpt: ...n Decemb er 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court sought to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and waste. County now moves for a preliminary injunction prohibiting Defendants and all of Defendants' agents...

Excerpt: ...ustees of th e Stanger Family Trust (owners of the premises) and James Parker (tenant of the premises). On December 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court so ught to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and ...

Excerpt: ...usiness with their brother def endant Mazen Jawdat Hantuli (“Mazen”) for thirty years at 6111 Quail Valley Court (“property”) in Riverside and that they each own equal shares of the property and inventory. The business they conducted was car business and there are numerous cars remainin g on the property, along with related tools, car lift, spare parts, compressors, and a pressure washer. The business is now closed and plaintiffs allege t...

Excerpt: ... the bas is of the alleged deficiencies in the subject pleadings. Plaintiff shall provide legal support for its position that the pleadings are legally sufficient or, in the alternative, how they may be further amended to cure any legal insufficiencies. After meeti ng and conferring, Defendant shall, 10 days before the continued hearing date, set above do one of the following: (1) vacate the hearing on the demurrer and motion to strike; (2) fil...

Excerpt: ...g to revoke access to Los Corralitos Road and by erecting fences to block access to the Property. (SAC, ¶¶ 71 -73.) Plaintiffs further allege that Defendants' intentional acts have dissuaded buyers from purchasing the Property, that Defendants are attempting to “extort” a low price for the Property from the Lopezes and that Defendants' devaluation scheme has resulted in a total loss to the Lopezes of $1,275,000. (SAC, ¶¶ 74 -81.) However,...

Excerpt: ...t (FAC) and/or fails to attach a copy of the agreement as an exhibit to the FAC. Since Plaintiff has not adequately pled a contract between the parties, so too does the cause of action for breach of the covenant of good faith and fair dealing fail. On fraud, Plainti ffs allege that Defendant misrepresented that the vehicle they rented was legally allowed to be driven by them, when in fact, it had been reported stolen and thus could not legally be...

Excerpt: ...eaning of hazardous material (“Haz Mat”) that was never requested, authorized, performed or necessary. Page 4 of 7 On October 5, 2023, Plaintiffs filed this qui tam action alleging Defendants violated Penal Code, § 550 and Insurance Code §  1871.7 (Insurance Frauds Prevention Act). *** Defendant Fire Recovery USA, LLC (“ Fire Recovery”) now demurs to the complaint arguing it fails to state facts sufficient to constitute a cause of ac...

Excerpt: ...On September 20, 2 022, Plaintiff filed his Judicial Council form complaint alleging two causes of action: 1) premises liability; and 2) general negligence. *** Defendants now demur to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action and is uncertain. (C.C.P., § 430.10(e), (f).) Defendants argue Plaintiff alleges “Defendants paid Plaintiff to execute a task on their premises which they knew or sh...

Excerpt: ...e of motion must state in the opening paragraph the nature of the of the order being and the grounds for issuance of the order. “A basic principle of motion practice is that the moving party must specify for the court and the opposing party the grounds upon which that party seeks relief… As a general rule, the trial court may consider only the grounds stated in the notice of motion.” (Luri v. Greenwald (2003) 107 Cal. App. 4th 1119, 1125.) ...

Excerpt: ...e substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). [See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 CA4th 976, 978- 979, 56 CR2d 16, 17-18] By statute, “(w)hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters in issue in the actions; it may or...

Excerpt: ...se where in Plaintiff alleges that he rendered $260,000 worth of plumbing services on a construction project for Defendants who also requested Plaintiff to spend an additional $ 117,000 on materials. Plaintiff alleges Defendants have refused to pay him for his services and the materials. The second amended complaint (“SAC”), is the operative pleading and asserts the following causes of action: 1. Breach of Oral Contract; 2. Work, Labor and Ma...

Excerpt: ...f modular homes. He work ed at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). Skyline contracted with Defendants Atlas Copco Compressors, LLC and Atlas Copco Compressors (collectively “Atlas”), as well as Buds Air Compressor Company (“Buds Air”) (collectively with Atlas “Defendants”), for the purchase and installation of products, including an air tank, to be used at the jobsite. Pl...

Excerpt: ...erce Trade, LLC (ECT) entered into a Promissory Note wherein ECT agreed to pay ECL the principal amount of $2,500,000 at 7% interest annually, with the first monthly payment of $29,661.98 due on 9/15/15, and continuing on the 15th of each successive month for ten years wh en all principal, and interest would be due. In December of 2016, Plaintiff, ECL, notified Defendant, ECT, in writing that it was in default under the ECL Note. The failure to...

Excerpt: ...Michael Dacolias (the “E state”) for purposes of keeping the business of ERC afloat and running. In July of 2023, Karl Anderson was appointed as the General Administrator of the Estate. On September 19, 2023, Plaintiffs filed a Complaint against Defendants Karl Anderson in his capacity as Administrator of the Estate of Michael James Dacolias; ERC; Richard Neate; and Linda Neate aka Linda Wirsig. The Complaint alleges causes of action for: (...

Excerpt: ...oe 1 in the c ity of Corona, where he was working as a construction worker. Plaintiff alleges that Defendant Robertson Ready Mix, Ltd. (“Defendant”) employed Doe 1 with foreknowledge that he was a dangerous person with a propensity towards violence. Plaintiff alleges th at Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. As a result, Plaintiff allegedly suffered injuries to...

Excerpt: ... if needed, w ithout objections within 30 days of service of notice (CCP § 2031.310). Motion is denied as to RPD No. 24 and RPD No. 30 is limited to other vehicles of the same year, make and model. Moving party to provide notice pursuant to CCP § 1019.5. Plaintiff, Jose Fabian Hernandez, Jr., alleges that on 7/23/22, he purchased a 2022 Land Rover Range Rover, which was a certified pre -owned (CPO) vehicle with a new and full CPO warranty, whi...

Excerpt: ...future strok es. Decedent received home health care services by defendant Equanimity Hospice & Palliative Care (“Equanimity”), where lead care was designated to defendant David Fukada, M.D. (“Dr. Fukada”). Decedent ran out of Xarelto, and Defendants had failed to deliv er a refill despite repeated requests for a refill. Decedent suffered a massive stroke and died on December 28, 2018. Plaintiffs allege the failure to provide necessary m...

Excerpt: ...ar ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi- truck owned by Defendant Barrillas Trucking, Inc. (“BTI”) and driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) collide d with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Padilla (“Padilla”). Manthey and Drake (c...

Excerpt: ...nli Xu (“Plaintiff”) resides in China and has familial ties with defendants Shuxia Kang's (“Kang”), Guoning Li (“Li”) and Si Liu (“Si”)(collectively “Defendants”). Kang is the sister of Plaintiff's late husband. Kang and Li are married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, the parties discussed investing in real estate in the Un...

Excerpt: ...te from the court compelling the city to initiate and pay for an independent audit. (Petition, ¶24.) In the second cause of action petitioner seeks a writ compelling annual public reports of the management, accounting, and expenditures of development impact fees. (Petition, ¶29.). The third cause of action seeks a writ compelling the City to make five -year findings under section 66001(d). (Petition, ¶34.). The fourth cause of action is for ...

Excerpt: ...s stayed pending the resolution of CVPS2200167. With respect to Moving Party's request to issue an OSC re contempt against the City and its officials, the Court denies the request. Given that there is no injunction to enforce and the Ordinance at issue has been re pealed, the Court finds no good cause to issue a hearing for a contempt order. CVPS2200167 With respect to the Writ Petition concerning Ordinance 1189, the Court orders the parties to ...

Excerpt: ...f action —there appears to be no adverse employment action. Burger King argues that establishing that Evelyn could not hire, train, fire, and did not set Plaintiff's schedule establishes that Evelyn was not a supervisor under Government Code § 12926(t). However, t his assertion lacks merit. Under Government Code § 12926(t) it provides several categories of conduct that meets the definition of supervisor. Those categories are: (1) having the...

Excerpt: ... court to generally issue a protective order if: (1) the discovery “is unreasonable cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive”; or (2) the discovery “is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.” Of course, a plaintiff must be a member ...

Excerpt: ... 30 days o f this order. Denied as to RFP Nos. 1, 9, 12, 14, 30, and 31. This is a lemon -law action under the Song -Beverly Consumer Warranty Act. Plaintiffs allege that, on May 30, 2022, they purchased a 2022 Volkswagen Atlas, which came with warranties by which Defendant “warranted the subject vehicle and agreed to preserve or maintain the utility or performance of Plaintiffs' vehicle or to provide compensation if there was a failure in such...

Excerpt: ...2 as a State Park Aid at Salton Sea State Recreation Area (“Park”). Plaintiff alleges that her supervisor, Wanda Freeman (“Freeman”), informed her that she was required to purchase a uniform including green pants. Plaintiff purchased green pants recommended by coworkers; howev er, the pants allegedly caused Plaintiff's psoriasis to become inflamed causing discomfort and difficulty walking. Plaintiff visited her doctor who recommended alt...

Excerpt: ...mounts, and is reluctant to accept the funds because of a potential fee dispute (¶ 16), as hearsay, as well as lacking foundation and personal knowledge. The statements are hearsay and do not appear to fall within any exception, so the objections are sustained. II. C.C.P . § 664.6 C.C.P. section 664.6 provides, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before th...

Excerpt: ... her oper ative First Amended Complaint (“FAC”) against Defendants Extended Stay America, Inc.; ESA Management, LLC; Extended Stay America – Palm Springs – Airport; Chris Mushrush; Brendon Doe; Annie Doe; and Orkin, LLC (collectively, “Defendants”), alleging (1) bat tery, (2) negligence, (3) intentional infliction of emotional distress (“IIED”), (4) fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach...

Excerpt: ... expert testimo ny to create a triable issue of fact regarding either the standard of care or the causation of her injuries. (Hakhamian Dec.) A dentist is required to have and to use that degree of learning and skill ordinarily possessed by dentists of good professional r eputation practicing in the vicinity. (Barham v. Widing (1930) 210 Cal. 206, 213). Failure to use such ordinary skill and care in the application of such knowledge renders a den...

Excerpt: ...laint on 3/ 22/23 alleging two causes of action: 1) motor vehicle negligence; and, 2) general negligence. Defendant -in -Intervention, State Farm Mutual Automobile Insurance Company (State Farm), brings this motion for leave to intervene in this action as the commercial automobile insurer for Defendants, WE, S Corp dba Melissa Morgan Fine Art and Christopher Connelly (an employee), in order to dispute the issues of liability and damages against i...

Excerpt: ... Advanced Frami ng Structure, Inc. (“Advanced Framing”) and Jose Rodarte (“Rodarte”) (collectively “Defendants”) as a fulltime non -exempt carpenter. He contends that while employed by Defendants, he was not paid for all the hours he worked and he was not provided with res t breaks. He asserts that after suffering a back, waist, and spinal injury, his medical provider placed him under work restrictions limiting his driving distances t...

Excerpt: ...he action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a...

Excerpt: ...nt agreed to provide additional funding subject to certain conditions. Ultimately, problems insured and Plaintiffs allege that Defendants failed to fund the construction loan, resulting in the project coming to a standstill. The complaint, filed on 6/23/23, showi ng Kevin Monson as attorney for Plaintiffs, and he is the attorney of record in this lawsuit, asserts (1) breach of contract; (2) promissory estoppel; (3) unfair business practices; and...

Excerpt: ... This is a civil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plaintiffs move for an order quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on DIR -Divisio n of Workers' Compensation on 12/20/23 for the records of Mark Baird. In addition, Plaintiff seeks sanctions of $2,000. Plaintiffs assert the subpoena is impermissibly broad and viola...

Excerpt: ... on June 22, 2022. On August 12, 2022, Plaintiff Willie Anthony Conant Jr. (“Plaintiff”) filed a Complaint against Defendants Jonner Transportation Inc. (“Jonner”), Angel Martin Anaya Martinez (“Martinez”), and Does 1 to 50, alleging (1) motor vehicle and (2) gene ral negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment w...

Excerpt: ...nts Ford Motor Co mpany (“FMC”) and Palm Springs Motors, Inc. (“Palm Springs”) for: (1) Violation of Civil Code § 1793.2(d) [v. FMC]; (2) Violation of Civil Code § 1793.2(b) [v. FMC]; (3) Violation of Civil Code § 1793.2(a)(3) [v. FMC]; (4) Breach of the Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794 and 1795.5) ]v. FMC]; (5) Negligent Repair [v. Palm Springs]; and (6) Fraudulent Inducement – Concealment [v. FMC]. ...

Excerpt: ...rmities during t he warranty period, including engine and body defects. On five occasions, Plaintiffs delivered the Subject Vehicles to authorized repair facilities, including Defendant Saul Chevrolet, Inc. dba Cardinaleway Volkswagen (“Cardinaleway”). Plaintiffs allege th at Defendants were unable to repair the defects, but refused to repurchase the Subject Vehicle in compliance with the Song Beverly Act. On 1/12/24, Plaintiffs filed their...

Excerpt: ...ions within 30 days of service of notice (CCP § 2031.310). RFP Nos. 1 –3, 7, 9, 12, 17, 18, 24, 40, 41, 51, 54, 56, 57, 74, 84, and 85 are denied without prejudice as moot. RFP Nos. 46, 82 and 83 are denied. Plaintiff to provide notice pursuant to CCP 1019.5. Th is is a lemon law case. On March 28, 2019, Plaintiff John Escano (“Plaintiff”) purchased a 2019 Honda Pilot, which was manufactured and distributed by Defendant American Honda Moto...

Excerpt: ...ave to Amen d within 20 days. While Defendant demurs to the 2nd cause of action, it is not asserted against her —only Corona Regional. The only cause of action asserted against her is the constructive fraud claim. “Constructive fraud ‘arises on a breach of duty by one in a confidential or fiduciary relationship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be s...

Excerpt: ...sentation of i nability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) CCP §2031.240(b)(1) provides that if a responding party objects to a demand that they “shall” “[i]dentify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being m...

Excerpt: ...l responses from Plaintiff to form interrogatories and requests for production of documents. First Team contends that it served the discovery at issue on11/17/23. No responses have been provided. It seeks sanctions in the amount of $900.00 for each motion. In opposition, Plaintiff contends that the motions were filed before responses were due. They provided responses on 2/6/24. As such, these motions are moot. Plaintiff asserts that sanctions sh...

Excerpt: ...Procedural Context This is an employment dispute. On April 17, 2023, Plaintiff Amanda Surdow (“Plaintiff”) filed a Complaint against Defendants CCFI Companies, LLC (“CCFI”) and Check Into Cash of California, Inc. (“CIC”) (collectively, “Defendants”),1 alleging (1 ) wrongful constructive termination in violation of public policy, (2) disability discrimination, (3) disability harassment, (4) failure to accommodate, (5) failure to e...

Excerpt: ...that express and implied warranties accompanied the lease, the subject vehicle had defects and nonconformities that could not be repaired by Hoehn. On August 24, 2020, Plaintiffs filed their complaint alleging a single cause of action for Violation of Song -Beverly Consumer Warranty Act — B reach of Express & Implied Warranty. On S eptember 9, 2021, Defendants served a C.C.P., § 998 offer to Plaintiffs under which Defendants offered to “pay...

Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash filed by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

Excerpt: ...nd meet and confe r correspondence. Judicial notice of the SOI is appropriate under Evid. Code § 452(c). (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Judicial notice of court records, including the proof of service, is proper under Evid. Code § 452(d). However, the invoices and letter are reasonably subject to dispute and not appropriate for judi...

Excerpt: ...ondence. Judicia l notice of the SOI is appropriate under Evid. Code § 452(c). (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Judicial notice of court records, including the p roof of service, is proper under Evid. Code § 452(d). However, the invoices and letter are reasonably subject to dispute and not appropriate for judicial notice. Accordingly,...

Excerpt: ...o. § 128.7( a).) An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. (Ibid.) Contrary to Noyes' contention, the Notice of Motion on file with the Court is signed by K elly. Likewise, the Memorandum of Points and Authorities and Declaration are signed under penalty of perjury. Accordingly, it appears that Kelly complied with the requirements of S...

Excerpt: ...ithin GM's possession, custody, and/or control, subject to the stipulated protective order. Monetary sanctions in the amount of $2,310.00 are imposed against GM and its counsel. Responses and sanctions are due in 45 days. RPD 16, 19 -32: The Objections raised by G M are overruled. The primary problem with GM's responses to RPD Nos. 16, 19 -32 (and 45 -46, discussed below) is that after asserting objections, it states: “No documents will be prod...

Excerpt: ...nses ar e due within 60 days. The parties letter writing did not constitute a meaningful meet and confer. The parties are therefore restricted from filing any further discovery motions without first requesting an IDC. RFP 1 and 4: Plaintiff demonstrates good c ause in seeking these documents. These documents would be relevant to the issues related to Defendant's good faith compliance with the SongBeverly Act. For instance, in Oregel v. American...