Excerpt: ...t where they address an entire paragraph, cause of action, count, or defense; none of those things are at issue here. For that reason alone, the Court could deny this motion with respect to Issue 2. As to all issue, Defendant argues that there are no allegations against it beyond mere negligence and no specific allegations against it supporting punitive damages based on malice. Here the First Amended Complaint alleges intentional torts against De...

Excerpt: ...murrer to the 2nd Amended Cross-complaint is stricken. Where a demurrer was overruled as to certain causes of action, the trial judge cannot subsequently rule on a demurrer on the same causes of action because the court is "foreclosed from rendering a new determination on the viability of those claims" without a properly filed motion for reconsideration under Code of Civil Procedure secton 1008. (Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-9...

Excerpt: ... the demurrer (CCP 1005). The Court has not received any opposition to this Demurrer. Accordingly, the Demurrer is granted without leave to amend. The United States Supreme Court established the rule that judges are immune from civil suits arising out of the exercise of their judicial functions. (Mireles v. Waco (1991) 502 U.S. 9, 11.) "[l]t is the general principle of the highest importance to the proper administration of justice that a judicial...

Excerpt: ...urther continuances will be granted on this hearing. This is a defamation action. Plaintiff Stephen Valbuena alleges that in March 2018 he and his wife purchased and moved into a home located within the Toscana Country Club community, which is overseen by Defendant Toscana Homeowners' Association ("HOA") and Defendant William Overton ("Overton") is the executive director of the HOA. (FAC, 11-13.) Plaintiff alleges that he had a verbal altercation...

Excerpt: ...in the Opposition that this claim is withdrawn. The Court shall grant the motion to strike treble damages, with 20 days leave to amend. Factual / Procedural Context: Plaintiff Lydia Manaloto filed this action against several defendants, including Corona Health Care Center, Corona Residential Care Center, LLC, and Ahron Stricks ("Defendants"). The Complaint was filed on June 30, 2023 and alleges causes of action for (1) Elder Abuse and Neglect (We...

Excerpt: ...h good cause for immediate relief under CRC 3.1202, subd. (c). Second, the Court finds that this ex parte request is essentially a motion to reconsider, and the timeline for filing a reconsideration motion has already passed. (See CCP, S 1008.) Page 7 of 8 Factual / Procedural Context: Plaintiffs Rick Romandetta and Rhonda Romandetta-Chavez allege they are the son and daughter of decedent Louise Romandetta. Decedent was recovering from strokes, h...

Excerpt: ...eging (1) Breach of Contract, (2) Goods Sold and Delivered/Agreed Price, (3) Open Book Account, and (4) Account Stated. On February 10, 2023, Defendant filed an Answer, denying all allegations in the Complaint, and asserting affirmative defenses that Plaintiff's claims are barred by Plaintiff's consent, Plaintiff's failure to mitigate damages, Plaintiff's lack of capacity to contract, and are barred by a novation and/or an accord and satisfaction...

Excerpt: ...t yet "at-issue" for two reasons: Plaintiff has not served the County of Riverside, and the State has not answered Defendant Schindler's crosscomplaint for declaratory relief and comparative indemnity. With respect to the cross-complaint, the Court assumes that the State wanted to resolve the underlying issues of the complaint before addressing Defendant Schindler's cross-complaint. If so, the State shall also file its answer to the cross-complai...

Excerpt: ... of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (Ibid.) "The difference between judicial and clerical error rests not upon the party committing the error, but rather on whether it was the deliberate result of judicial reasoning and d...

Excerpt: ...s to be heard after the cut-off dates. (CCP 52024.050(a).) The motion shall be accompanied by a meet and confer declaration. (ld.) In determining whether to reopen discovery, the court should consider: (1) the necessity and reasons for discovery; (2) the diligence or lack of diligence of the asking party; (3) the likelihood that permitting discovery will prevent the case from going to trial; and (4) the length of time between any prior trial date...

Excerpt: ...as made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case." (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232-33.) The Subpoena at issue here requests: REQEST NO. 1- All notes, records, memorandums, witness statements, and documents relating to Tasceaie Churchwell, Brenda Chavez, Vanessa Chavez, Griselda Revollo, and Odette Dawn Cilluffo. REQEST NO. 2- All no...

Excerpt: ...r the purchase price of $37,000 to be paid in installments over the course of 25 years, accruing interest at the rate of per annuum. The sole surviving buyer, Plaintiff Gardner, alleges in her Complaint that she and her late husband made continuous payments and paid the loan in full in and around 2005. (Complaint, 14.) Both the sellers are now deceased. After John Gustavsen died, in 2018 Patsy Gustavsen transferred title to the property into her ...

Excerpt: ...tentional infliction of emotional distress, breach of contract, and fraudulent concealment. The second cause of action is for intentional infliction of emotional distress. The First Amended Complaint sufficiently pleads intentional infliction of emotional distress. Allegations that room 988 was "dirty" during Plaintiff's stay, and that there had been complaints by prior guests documented in an online platform in June 2022, July 2017, May 2016, an...

Excerpt: ...as to the 1st Cause of Action is sustained with Leave to Amend within 20 days. Page 5 of 5 DEPENDENT ADULT ABUSE Abuse of an elder or a dependent adult means any of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental...

Excerpt: ...n, LLC and Moises Grandos Sanchez ("Defendants") vehicle causing her damages. On July 31, 2023, Plaintiff filed her complaint alleging four (4) causes of acton: 1) motor vehicle negligence; 2) negligence per se in violation of Vehicle Code SS 22107 and 22350; 3) negligent hire, supervision, training and retention; and 4) negligent entrustment in violation of Vehicle Code S 17150. On November 28, 2023, Defendants filed their answer asserting 6 aff...

Excerpt: ...se of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable." Freemont Indemnity Co. v. Freemont General Corp. (2007) 148 Cal.App.4th 97, 114; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457 n. 9 (although the existence of a document may be judicially noticeable, the truth of statements in it are not subject to judicial notice if reasonably disputable). Deny request for judicial ...

Excerpt: ...id liability for their failure to arbitrate by arguing what is, in effect a "shell game" of moving the playing field from one address to another without notice to customers and without any plan in place for the forwarding of mail including legal correspondence and notices. Defendant dealer materially breached the Arbitration Clause, In Violation of Code of Civil Procedure Section 1281.97. Plaintiffs then had the option to file an action to pursue...

Excerpt: ...agreement specifically states that the FAA applies. (Dec.Taube '1 6, Ex. "A", S Xl, T. Arbitration, p. 28 of 89.) The arbitration agreement is not barred pursuant to CC section 1953. First, the arbitration agreement appears to be a separate agreement with a separate signature block. (Dec.Taube '1 6, Ex. "A", S Xl, T. Arbitration, p. 28-29 of 89.) Second, there is no evidence that this premises liability/negligence and elder abuse action involves ...

Excerpt: ...f is mandatory). Under CCP S473(b), the court is required to vacate any default or dismissal "whenever an application for relief is made no more than six months after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." CCP S473(b) grants the trial court discretion to vacate a dismissal on the basis of "mistake, inadvertence, ...

Excerpt: ...so suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intmate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to being heavily intoxicated. Decedent was found dead on the floor of Kanukov's room where Kanukov ad...

Excerpt: ...emedies Act ("CLRA"); and (5) intentional infliction of emotional distress. Plaintiff alleges that on July 14, 2021, he brought his 1998 GMC Sierra truck (the "vehicle") to Defendants to fix the repair sensor so the vehicle could pass a smog check. (Complaint at BC-I.) Defendants advised Plaintiff that the vehicle needed a new engine and some transmission work, which Plaintiff paid for. (Complaint at BC-I, FR-4.) Defendants kept the vehicle longe...

Excerpt: ...'s offce from December 5, 2016 to September 10, 2021. (Second Amended Complaint, 1.) Plaintiff, among other things, alleges that the stress from having her probation extended without a reason and being forced to work with her harasser (Daniel DeLimon) caused Plaintiff to have a miscarriage. Plaintiff now moves to compel deposition attendance of the District Attorney, Mike Hestrin. Plaintiff contends that D.A. Hestrin's deposition is sought becaus...

Excerpt: ...uthfulness of its contents or the proper interpretation of the documents. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113.) Objections: Overrule Plaintiffs' objections to exhibits 32, 35-37, and 38-44. Sustain Plaintiffs' objections for lack of foundation as to exhibits 9-31 and 33-34, as these exhibits are simply attached to the motion with no foundation or other explanation as to their origin. Overrule Plaintiffs' objec...

Excerpt: ...t they purchased real property in Palm Springs from Defendant Whittier Capital, LLC, who failed to disclose multiple construction defects with the property. Defendant D'Oros Constructon handled the remodel of the property for Whittier. Defendants Michael Slate and Elevate Palm Springs, Inc. were the real estate agent/broker who represented Whittier in the sale. The operative complaint, filed 2/9/22, asserts: (1) breach of contract; (2) negligence...

Excerpt: ...ty to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo alleges that she was in a long term relationship with decedent Kenneth Schlick, and used real property in Indian Wells as a vacaton home. Plaintiff and decedent agreed to refinance the property together, such that Plaintiff would obtain a 50% interest in the property. Plaintiff invested $100,000 in the property and paid the mortgage, and paid another $100,000 for furnishings...

Excerpt: ...eeidence OPCO, LLC dba Riverwalk Post Acute ("Riverwalk"), Providence Group of Southern California, LLC, and Providence Group, Inc. ("Defendants"), asserting causes of action for elder abuse, violation of Health & Safety Code S 1430(b), wrongful death, and negligence per se. In the Complaint, Plaintiffs allege that Anna Almaraz ("Decedent") was a dependent adult who was involved in a motor vehicle accident in July 2021, that resulted in her being...

Excerpt: ...operty and general negligence. In the Complaint, Plaintiff alleges that on 8/21/22, he was riding his electric scooter on Elder Avenue, a public roadway, near the McDonalds located at 12371 Perris Boulevard, Moreno Valley, California, and fell due toa large pothole in the street. (Complaint at 6, 15.) The pothole was approximately 2 inches deep at its deepest point, with jagged and uneven edges and elevation changes throughout the hole, and it cr...

Excerpt: ...e 2—20, alleging (1) battery, (2) intentional infliction of emotional distress ("IIED"), (3) negligent hiring, and (4) negligent retention. He alleges that on 6/5/2021, he encountered Doe 1 in the city of Corona, where he was working as a construction worker. (FAC '1 6.) Plaintiff alleges that Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. (ld.) As a result, Plaintiff alleg...

Excerpt: ...Plaintiff's operative Second Amended Complaint alleges seven causes of action for (1) negligence, (2) negligent infliction of emotional distress, (3) intentional infliction of emotional distress, (4) sexual battery (Civ. Code, S 1708.5), (5) gender violence (Civ. Code, S 52.4), (6) Ralph Act Violation (Civ. Code, S 51.7), and (7) false imprisonment. The motion here concerns further responses to DHSE's Special Interrogatories, Set One, and Demands...

Excerpt: ...cle") which was distributed and warranted by Defendant American Honda North America ("AHW or "Defendant"). Plaintiffs allege the Subject Vehicle was unsafe with recurring electrical, engine, and brake problems, which Defendant was unable to repair. On 11/9/22, Plaintiffs filed a Complaint alleging violations of the Song-Beverly Consumer Warranty Act Express, and Fraudulent Inducement Concealment. Page 5 of 8 On 12/13/22, Plaintiff returned an exe...

Excerpt: ...9.) Because Jayco seeks to stay the action rather than dismiss, this Court will retain jurisdiction and Plaintiffs may move to lift the stay if the Indiana court refuses to apply California law. (See Investors Equity Life Holding Co. v. Schmidt (2015) 233 Cal. App. 4th 1363, 1376.) Because Jayco stipulates to the application of California law, it has met its burden of establishing that the forum selection will not result in the loss of any statut...

Excerpt: ...nge the privilege and for a court to consider. Responding party is to produce the further response within 10 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is an alleged childhood sexual assault case that started in 1993. Plaintiff Jane Doe moves the court to compel Defendant Palm Springs Unified School District to prov-de further responses to Form Interrogatories (Set One) numbers 4.1, 12.2, and 12...

Excerpt: ...ment the Court retained jurisdiction under Section 664.6. Plaintiff Dumas, however, contends that he did could not clearly hear all terms of the agreement because he was appearing by telephone while his attorney appeared in court in person. He also claims that the agreement should not be enforced because Defendant utilized more than one interpreter during the proceedings. He also contends that the Court should not enforce the agreement because it...

Excerpt: ...she sustained serious and permanent injuries from the collision. She filed her Complaint on 1/18/22 alleging four causes of action: 1) general negligence; 2) motor vehicle negligence; 3) negligence per se; and 4) negligent entrustment. * * Plaintiff, Jodi Lynn Chrisman, brings this motion to compel responses, without objections, to Special Interrogatories (Set Three) [SR], which Defendant failed to respond to. (CCP S 2030.290.) Plaintiff also see...

Excerpt: ... and (3) declaratory Page 6 of 9 relief. Caliber seeks to quiet title its security interest under a deed of trust to that of West Coast which Caliber contends is subordinated to its deed of trust, and a judicial declaration that West Coast has no right, estate, title, lien or interest whatsoever in the subject property that is superior to that of Caliber. Caliber's claim of superior security interest is based on the doctrine of equitable subrogat...

Excerpt: ...fees plus $60 filing fee against Defendant and counsel, which amount the court finds reasonable. Factual and procedural background: Plaintiffs purchased a 2020 Honda Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant"). Plaintiffs allege Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant") was unsafe with recurring e...

Excerpt: ...pert designation by adding Minho Yu, M.D., who was the attending physician of Plaintiff from the date of his stroke. (Declaration of Jeff Grotke ["Grotke Decl."l, 4.) Plaintiff's motion is accompanied by the declaration of his counsel, Jeff Grotke, who explains that Minho Yu, M.D. was retained by Plaintiff since submitting his expert witness list to give his expert opinion at trial. (Ibid.) Counsel also explains that, for reasons unknown, at the ...

Excerpt: ...e moving Declaration of Mark Blanchette, who earned a Ph.D. in Biokinesiology with specialization in Biomechnics and has experience with premises liability accidents, etc. (See Ex. I to moving Compendium of Exhibits.) The evidentiary objections are based on lack of personal knowledge (Ev. Code SS 702, 800), and improper expert opinion (Ev. Code S 803.) For example: Objection No. 1 to entire Blanchette Declaration. As to lack of personal knowledge...

Excerpt: ...ssive or capricious and does not indicate the likelihood that violations would be proven to have been knowing and intentional. The discussion is not sufficient and does not help the court in its evaluation of whether the Settlement is reasonable. • S A.4.a-d — Plaintiffs are each settling their individual claims for a cash payment $2,500 (in addition to their requested service fee of $5,000). There is no information in any of the accompanying...

Excerpt: ...) In March 2022, Defendant Sarah Franco ("Ms. Franco") was appointed Director of Procurement and Fleet. (ld. at '1 12.) Under Ms. Franco's leadership, Plaintiff allegedly noticed a negative change in her treatment, as well as that of Procurement Services Officer Lydia Bell ("Ms. Bell"), both of whom are Black women. (ld.) During her tenure, Ms. Franco allegedly treated Black employees differently from other non-Black employees. (ld. at 12—13.) ...

Excerpt: ...iled on 10/3/23 alleges the following causes of action: (1) negligence; and (2) negligence per se. Defendant seek to strike the portion of the Complaint that allege punitive damages on grounds the allegations are insufficient. Legal authorities and analysis: Pursuant to CCP Section 436, the court is permitted to: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not d...

Excerpt: ...here was no causal connection between the treatment provided by Branuelas and the collapse of the headrest. (ld at '1 32.) This opinion was based, in part, on records showing that Dr. aranuelas had no notice of any imminent failure of the headrest support mechanism at any time prior to the incident. (ld at 28.) Defendant Young testified that he regularly inspected the chiropractic table on first day of each month, including April 1, 2021. (Deft. ...

Excerpt: ... deemed the prevailing party. Plaintiff now moves for an award of attorney's fees and costs in the total amount of $58,586.28, which includes: (1) a lodestar of $33,914.50; (2) $6,000 for anticipated fees for reviewing opposition, drafting reply and appearing at the hearing on this matter; (3) a 1.35 multiplier in the amount of $11,870.07; and (4) $6,801.71 for litigation costs. GM opposes the motion arguing that the billing is excessive or fabri...

Excerpt: ...ce—including its prominent mutual arbitration clause—on four (4) separate occasions before the accident alleged in the Complaint. The claims she now purports to bring against Lyft arising out of her use of rideshare services arranged via the Lyft platform fall squarely within the scope of that agreement. Therefore, Defendant asserts that this court should therefore enforce the parties' agreement by compelling Plaintiff to arbitrate her claims...

Excerpt: ...Gregory Nylen, which the court rules on as follows: 1. SUSTAIN 2. OVERRULE Here, Plaintiff's claims fall into two categories—individual and derivative. Plaintiff's individual claims are clearly covered by the Arbitration Agreement. As to the derivative claims, it is well established that the initiator of a derivative suit "stands in the shoes" of the company whose rights such person seeks to enforce, and "[t]he causes of action do not belong to...

Excerpt: ...rt on December 1, 2023. An abstract of judgment was issued on December 5, 2023. Defendants argue that the judgment entered on November 29, 2023 is not final because post-judgment motions are pending and the judgment may be appealed. These arguments are not persuasive or supported by law. A money judgment that requires payment of money is enforceable against all property of the judgment debtor. (Code Civ. Proc., SS 681.0110(a), 695.010(a).) "In or...

Excerpt: ...eory of liability in the motion for summary adjudication that was not alleged in the Complaint. (See Hutton v. Fidelity Nat'l Title Co. (2013) 213 Cal.App.4th 486, 493.) GRANT Motion for Summary Adjudication of the First and Second Causes of Action For Direct Negligence. Defendants move for summary adjudication of the first cause of action for negligence and the second cause of action for negligent hiring, training and supervision, arguing that t...

Excerpt: ...Mark W. Flory ["Flory Decl."l at 94, Ex. 1; Opposition, p.3: 10-12.) On October 3, 2022, Plaintiff filed a Doe amendment adding Decedent's estate as a Doe #1. On January 25, 2023, Plaintiff filed a Doe amendment adding Defendant, Maria Lidia Cardoza aka Maria Lidia Pineda ("Defendant"), Decedent's spouse, as Doe #2. On August 18, 2023, the Court granted Plaintiffs motion for leave to file a First Amended Complaint ("FAC"). On August 21, 2023, Pla...

Excerpt: ...lot warranted and distributed by AHM. A Complaint was filed on October 5, 2022 and a First Amended Complaint on October 26, 2023 alleging: (1) Violation of Song-Beverly Act — Breach of Express Warranty; and (2) Fraudulent Inducement — Concealment. The gravamen of the pleading is that the subject vehicle was delivered to Plaintiffs with defects and conformities to warranty that substantially impaired the use, value, and/or safety of the vehicl...

Excerpt: ... a deterioration in their business relationship. In 2019, Carrick sued Gonzalez for breach of express and implied pool agreements, declaratory relief, and breach of support contract in case PSC1901644. In 2020, the parties resolved the action via a written settlement agreement and voluntarily dismissed the lawsuit. In 2022, Carrick sought to vacate the dismissal and enforce the settlement agreement under Code of Civil Procedure section 664.6. The...

Excerpt: ...raudulent concealment cause of action. The facts of this case a very similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828. Here, Plaintiff alleges engine defects (Complaint; Paras.ll and 60), exclusive knowledge (Paras.61-62), active concealment (Paras.62-63), allegations that Plaintiff would not have purchased the vehicle had she known of the defect (Paras. 64-65), and damages (Para.56.) These allegations are sufficient for ...

Excerpt: ... 2023, along with allegations pertaining to punitive or exemplary damages. "[A1 moton to strike is generally used to reach defects in a pleading which are not subject to demurrer." (Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342.) A motion to strike may be brought to strike the portion of a pleading on the grounds that that pleading contains "irrelevant, false, or improper matter" or "not drawn in conformity with Californ...

Excerpt: ...e" under the Act because the vehicle had been previously owned by Enterprise Rent- A-Car as a GM commercial fleet vehicle, for which GM issued a fleet vehicle warranty. Generally, the remedies available under Song-Beverly do not extend to a purchaser of a used vehicle bought from a third- party dealer. (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 924.) In Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, the Court of Appeal concluded t...

Excerpt: ...tition (the "Petition") in this action on March 19, 2021 and the operative first amended petition ("FAP") on April 22, 2021 against respondent City of Palm Springs (the "City"). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within the City. (FAP, '1 13.) Petitioner seeks to stop the installation of a 26-foot tall statute of Marilyn Monroe — the Forever Marilyn statute —...

Excerpt: ... the Complaint on June 11, 2020, alleging negligence and premises liability. Trial in the matter was originally scheduled for October 5, 2022. The Court granted Defendant's ex parte application to continue trial, and continued trial to June 16, 2023 with all statutory and pre-trial deadlines to be covered by the new trial date. On April 27, 2023, the parties timely designated experts. The parties subsequently noticed expert depositions, but the p...

Excerpt: ...e payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non-payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint for: (1) breach of written insurance contract; (2) breach of covenant of good faith and fair dealing; (3) intentional misrepresentation; (4...

Excerpt: ...the cause of action for dangerous condition on public property (Gov. Code, #810 et seq.) under the doctrine of primary assumption risk. Once the burden shifted to Plaintiff, she failed to meet her burden of producing evidence to show that a triable issue of one or more material facts exists as to the City's defense. EVIDENTIARY OBJECTIONS TO THE DECLARATION OF BRAD P. AVRIT: Overrules as to #1 Sustained as to #'s 2-7 "A defendant moving for summa...

Excerpt: ...ir reply. As the defects these objections are directed to are easily fixable (and if remedied, the expert declaration is likely sufficient to create a triable issue of material fact), the motion is continued to allow Plaintiff to submit the necessary evidence to properly support her expert's opinion. A. General Objection to Plaintiff's Declaration Defendants first raise a general objection to Plaintiff's declaration, in which she disputes certain...

Excerpt: ...81 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular traffic. Defendants Magnolia Partnership and Realm Real Estate, LLC are currently developing 450 residential units that would elimi...

Excerpt: ...ranted by Defendant General Motors, LLC ("GM"). Along with the purchase of the Vehicle, GM expressly warranted to fix or repair any defects in workmanship or materials for three years or 36,000 miles under the bumper to bumper warranty and five year or 60,000 miles under the powertrain warranty. (FAC '1 9.) Shortly after purchase, Plaintiff began to experience significant problems with the Vehicle's transmission. Plaintiff brought the Vehicle in ...

Excerpt: ...Ciletti filed the instant action against Defendants Rheem Manufacturing, The Home Depot lnc, Continental Assurance Co- No America, Melet Plastics, Ace/chubb et al. on March 10, 2023. Plaintiff alleges she purchased a water heater designed by Rheem Manufacturing at Home Depot that was defective. Plaintiff alleges the water heater flooded and caused water damage, mold, damage to the water heater closet, floors, baseboards, doors, and rooms adjacent...

Excerpt: ...ltes, on the grounds that it was improper, not supported by the facts, and the result of due process violations by the City. Petitioner's Opening Brief Petitoner argues that the amount of tax assessed by the City, including interest and penalties, was improper, not supported by the facts and violated its due process rights. Specifically, Pettioner argues that the City's decision and the hearing was conducted under the wrong provision (i.e., PSMC ...

Excerpt: ...P 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, and that he had the legal power and right, without the need for ...

Excerpt: ... when it vacated the leased premises without notice, failed to pay rent for the balance of the lease, and failed to mediate in compliance with the terms of the lease. The Complaint further alleges that Defendant defrauded Plaintiff when it promised to pay rent for the duration of the lease, promised to mediate disputes, and made other promises without any intention of performance and with the intent to defraud and induce Plaintiff's reliance. Fur...

Excerpt: ...) AND REQUEST FOR SANCTIONS IN THE AMOUNT OF CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. PLAINTIFF CHRISTINE WACHIURI'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF DEFENDANT COLUMBIA RIVERSIDE, INC. TO PLAINTIFF'S REQUEST FOR ADMISSION (RFAS), SET ONE, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $2,901.90 ...

Excerpt: ...Plaintiffs Ruben Vega and Rosalie Vega ("Plaintiffs") allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On November 29, 2022, Plaintiffs filed their complaint against Defendant General Motors, LLC ("Defendant" or "GM"): (1) breach of implied warranty of m...

Excerpt: ...les of justice and equity ... paths neither marked no traceable by judicial review." (Moncharsh v. Heily & Blase (1992) 3 cal.4th 1, 11; Noguerio v. Kaiser Found. Hospitals (1988) 203 cal.App.3d 1192, 1195.) Courts will not review the validity of the arbitrator's reasoning or the sufficiency of the evidence supporting the arbitrator's award. (Moncharsh v. Heily & Blasé, supra, 3 Cal.4th at 12-13.) By agreeing to arbitration, parties agree to bea...

Excerpt: ...n the scope of his employment with Defendants Jat Trucking ("Jat") 50 60 Heaven ("Heaven") and/or Fedex Ground Package Systems, Inc. ("Fedex"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Decedent's parents Plaintiffs Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg ("Plaintiffs") filed their Complaint on March 15, 2022. They assert nine causes of action for: (1) Ne...

Excerpt: ...rm (collectively "Dorrvs") as a full-time non-exempt hostess and waitress. In November 2021, Plaintiff informed Solis of her pregnancy, whose response was to the effect of "how stupid could you be? You're only 21, you're going to ruin your life!" Beginning in January and continuing into February 2021, Solis commented on Plaintiff's "size," telling her that she was "waddling" and needed to move faster. Plaintiff also did side-work babysit-tng Soli...

Excerpt: ...r Complaint on September 19, 2022. Defendants demurred to the Complaint on May 31, 2023, to which the court the court, on July 12, 2023, sustained with leave to amend. Thereafter, on September 1, 2023 Plaintiff filed a First Amended Complaint. Plaintiff's FAC alleges 4 causes of action for 1) Breach of Contract, 2) Fraud, 3) Conversion, and 4) UCL violations. Before either Defendant filed a response to the FAC, Plaintiff filed this motion seeking...

Excerpt: ... (second) motion to bifurcate the trial and have this issue heard first before the liability and damages phases. Defendants seek an attorney fee award of $2,356,513. Defendants contend this amount is reasonable given the extent of the litigation in this case and in light of GTOK's eight-figure damages claim. Thirty-eight individuals were deposed in this action individually, resulting in a total of fifty-seven deposition transcripts. Defendants no...

Excerpt: ...t and 2nd causes of action, as alleged against Dr. Darnell, with 30 days leave to amend. 2. The motion to strike is moot as to punitive damages and attorneys' fees associated with the 1st and 2nd cause of action, as against Dr. Darnell. However, since 30 days leave to amend is granted for the demurrer, counsel can reallege punitive damages if there are facts supporting the 1st and 2nd cause of action. However, the motion is granted as to punitive...

Excerpt: ...(2001) 25 Cal.4th 826, 855.) The California Supreme Court has held that the conduct of teachers who sexually molest students under their supervision will not be imputed to school districts to permit recovery by injured students from the employing districts under the doctrine of respondeat superior. (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447-52; Kimberly M. v. Los Angeles Unified School Dist. (1989) 215 Cal.App.3d 545, 547-...

Excerpt: ...otion to Strike Plaintiff's Complaint Pursuant to the anti-SLAPP Statute Code of Civil Procedure S 425.16 ("the ant-SLAPP Motion") in fts entirety without leave to amend. As a result, Plaintiff's Complaint for (1) retaliation for exercise of rights, and (2) California Family Rights Act retaliation was stricken, as were the claims for punitive damages and other relief Plaintiff. As a prevailing defendant on an ant-SLAPP Motion, pursuant to Code of...

Excerpt: ...ots once after the subdivision of the property. Plaintiff alleges that in approximately eighteen years following the agreement, Defendants have taken little to no action to comply with the terms of the agreement and develop the property. The complaint was filed on 9/21/22 and alleges causes of action for 1) Breach of Contract; 2) Breach of Duty of Good Faith and Fair Dealing; 3) Elder Abuse; 4) Declaratory Relief By this Motion, Defendants seek t...

Excerpt: ...e the initial filing fee is the only amount that has been properly documented. Defendants argue fees to download copies of documents from the court are not recoverable because they are not filing or motion fees. In Opposition, Plaintiff provides invoices to support the following costs: 1. Legal Lawgic eFiling (11/1/23): $43.70 2. Legal Lawgic eFiling (10/26/23): $43.70 2 Even if the Court was inclined to find that Defendant's had met their burden...

Excerpt: ...Court (1999) 75 Cal.App.4th 169, 177.) It is irrelevant whether plaintiff had the means to obtain such knowledge when the complaint was filed, or even if the plaintiff was negligent or failed to exercise reasonable diligence in not discovering the defendant's identity or liability earlier. (See McGowen v. Grossman (2007) 153 Cal.App.4th 937; General Motors Corp., supra, 48 Cal.App.4th at 596; Grinnell Fire Protection System Co. v. American Sav. &...

Excerpt: ...eway Ill, LLC ("Defendant"). Plaintiff alleges that the Premises were designed or maintained in a dangerous condition. Plaintiff alleges that she suffered injuries as a result of the fall. On May 19, 2022, Plaintiff filed her Complaint, asserting one cause of action for Premises Liability. Defendant now moves for summary judgment. Defendant argues that it had no actual or constructive notice of the dangerous condition because there were no prior ...

Excerpt: ...project contained a fungus that caused Valley Fever; he contracted Valley Fever; his predecessor at the project also contracted Valley Fever; Defendants did not inform Plaintiff about the predecessor or that he had Valley Fever; and his symptoms got worse. (Complaint at "1 12-22.) However, there are no allegations indicating Defendants knew the fungus that caused Valley Fever was in the soil at the project, that they knew how Plaintiff's predeces...

Excerpt: ...u have to follow the law. Like it or not, the answer to this question is zero because we didn't put that evidence before pu. But that's how this verdict form should be answered based upon the evidence and the law in this case." (Ex. 2 Transcript, p. 86.) And, "l acknowledge we didn't prove any of the damages on the 30-day claim. That should be answered zero." (Ex. 3 Transcript, p. 10.) "'In the trial of a cause the admissions of counsel, as to ma...

Excerpt: ...nage his birth. Plaintiff alleges Defendants negligently diagnosed, cared for and treated him for his medical condition, which resulted in permanent injury and disability to his brain and cardiopulmonary damage. Plaintiff filed his operative First Amended Complaint (FAC) on 3/23/23 alleging a single cause of acton for medical malpractice. *** Plaintiff, Luke Barajas, a minor, by and through his Guardian ad Litem, Adrian Barajas, brings this motio...

Excerpt: ...merit as Plaintiff cannot establish the element that DGSA was an owner, lessor, manager, or possessor with any control to place any safety barriers to protect spectators of the softball field. Defendant also met its initial burden of producing evidence to show that it has a complete defense to the cause of action for premises liability under the doctrine of primary assumption risk and exculpation provisions contained within the waiver contract si...

Excerpt: ...cation wages, unreimbursed business expenses, waiting time penalties, late payroll penalties, and other damages. An administrative hearing occurred and the Hearing Officer found that Plaintiff failed to establish her claims as to Kim, Cho, and Ko. She found that Plaintiff's claims had merit as to and awarded Plaintiff $160,345.16. She found that out of this amount, Chung was jointly liable for $156,605.46. Plaintiff filed a Request that Clerk Ent...

Excerpt: ...e town car collided with a Dodge Ram. Denise Monroe claiming numerous physical injuries, including headaches, post-concussion syndrome, numbness in extremities, back pain, hip pain, and a neurocognitive disorder. Plaintiff Denise Monroe previously appeared for independent medical examinations (IME) with orthopedic surgeons Michael Weinstein and Nicholas Rose to address her various orthopedic issues. Defendants served an initial demand for IME wit...

Excerpt: ...at occurred on July 17, 2019. Plaintiff Jerry Cradduck alleges that he suffered serious skin and respiratory injuries caused by excessive chemical levels in the spa at the Embassy Suites Palm Desert. Plaintiff sued the hotel operator and franchisee, EHT ESPD, LLC ("EHT") and the parent company of the franchisor, Hilton Domestic Operating Company, Inc. ("Hilton"). Liberty Mutual Insurance Company (together with EHT, "Liberty") intervened in this a...

Excerpt: ...laim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Gov. Code S 911.2.) If a plaintiff fails to file a government claim within the six- month period, he or she may apply to the public entity for permission to file a late claim. (Gov. Code S 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the accrual of the cause of action. (Go...

Excerpt: ... and Second (Money Had and Received) Causes of Action. Compliance with CRC Rules 3.1350(b) and 3.1350(h) he Notice of Motion ("Notice") filed by Plaintiff states that it is seeking summary adjudication as to the following two issues: (1) Defendants have no defense to Plaintiff's first cause of action for breach of written contract, and (2) Defendants have no defense to Plaintiff's second cause of action for common count (money had and received). ...

Excerpt: ...c Policy is denied; as to the 6th Cause of Acton, it is mint. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 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 mater...

Excerpt: ... Labor Code section 887 allows employers of emergency ambulance employees to require them to be reachable via a portable communications device throughout their meal and rest break. They assert the facts alleged do not support the fifth cause of action. Defendants seek to strike allegations for failure to reimburse uniform purchases and uniform maintenance because said reimbursements are not recoverable. They seek to strike references to waiting t...

Excerpt: ..., and excerpted quotes from, documents not attached as exhibits to the complaint].) SUSTAIN Defendants' Evidentiary Objections. SUSTAIN Defendants' Demurrer to the First Cause of Action for Financial Elder Abuse without leave to amend. DENY Defendants' Motion to Strike as MOOT. The TAC allegations do not support Plaintiff's contention that Defendants knew or should have known that preparing the quitclaim deed, at the request of Bernice's financia...

Excerpt: ...asures and Plaintiff fell and fractured her hip. Even after this fall, Defendants continued to implement fall prevention measures. It appears, Plaintiff fractured her hip a second time at Defendants' facility, after an altercation with another resident. Defendants waited two days before taking her to the hospital, even though she complained of pain. The complaint asserts a claim for elder abuse/neglect and negligence. Plaintiff brings a motion se...

Excerpt: ...e habitually practiced and carried on as a business."' " Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1787. One wrongful act does not show acts of lewdness that are habitually practiced and carried on as a business. "The Red Light Abatement Law declares to be a public nuisance any place which is used for the purpose of lewdness, assignment or prostitution." People ex rel. Hicks v. Sarong Gals (1972) 27 Cal.App.3d 46, 50. There is no evide...

Excerpt: ...os Angeles Superior Court Case BC480956 deeming his security interests forfeit is void as his interests were not represented and no notice of the relief granted was given. In addition, Plaintiff asserts that the ruling is void because the court may not rule on matters not requested and noticed in the motion. Plaintiff asserts that as the ruling is void then there is no second action to which the one action rule applies. Therefore, Plaintiff asser...

Excerpt: ... McCarthy. According to the Complaint, "On or about November 18, 2020, plaintiff Jason R. Rangel was the driver of a vehicle... and at the same tme and place defendants, and each of them, so negligently owner, controlled, repaired, entrusted, maintained, and operated an automobile as to cause to, and did, become involved in an accident or collision, injuring and damaging plaintiff." Defendant asserts that he breached any duty or cause the acciden...

Excerpt: ...wner of the Property, Code Enforcement Officers observed and documented outdoor cannabis cultivation on the Property. (UMF ## 1, 4, 5, 7). As both of these facts are undisputed, the only remaining question is whether any exemptions apply to Defendant. There are limited exemptions that allow the cultivation of cannabis for (1) personal use, or (2) a medical cultivation by qualified patients or primary caregivers. First, the personal use exemption ...

Excerpt: ...e arch to minimize the amount of anesthesia needed; (2) failing to use the correct type of anesthesia, using too much anesthesia, and not adequately considering interactions with Decedent's medications; and (3) failing to timely call 911 to address Decedent's life-threatening change in condition following treatment. (Torbiner Decl. at 10-17). This, along with his opinion that these breaches were a substantial factor in Decedent's death, are suffi...

Excerpt: ...sing her to fall and sustain injuries. She alleges that the ice rink was maintained so as to create an unsafe condition leading to an unreasonable risk of injury, which Defendants could have and should have repaired, protected against, or adequately warned Plaintiff about. Her Complaint was filed on 10/19/22 alleging two causes of action for prem-ses liability and general negligence. Defendants, Peltzer, bring this motion for summary judgment, al...

Excerpt: ...ry judgment. Factual / Procedural Context: This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor-trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 ("SR-86") and Avenue 50 in Coachella, California, and broadsided a Nissan Sentra that entered the intersection on a green light from eastbound Avenue 50, killing both occupants. Plaintiff Jose...

Excerpt: ... Chavez, made racist comments about white males, which were substantiated by three separate investigators. Defendant Metropolitan Water District of Southern California failed to correct Chavez's behavior, and instead redacted a report that had allegations of Chavez, promoted her, etc. Plaintiff was not promoted due to his complaint. Page 9 of 11 On 10/31/23, Plaintiff filed his complaint for: (1) race discrimination; (2) race harassment; (3) gend...

Excerpt: ...Plaintiffs allege that they were under the direct custody, care and control of the County and its agents; Plaintiffs' detention was court-ordered and mandatory; and the duration and nature of their commitment were dependent upon compliance with the County's agent's demands. (ld. at '13.) They allege that the County's agents used their position of trust and authority to sexually abuse them. (ld. at '14.) According to Plaintiffs, the County establi...