Excerpt: ...an of El Salvadorian decent who suffered from drug addiction. She alleges on April 3, 2021, a 911 call was placed for decedent who was prone on a public sidewalk and reported recent drug use. At approximately 5:58pm, the fire department and ambulance were dispatched, and decedent was examined and found to be suffering from an overdose. Decedent was transported to Defendant Doctor's Hospital of Riverside, LLC dba Parkview Community Hospital Medica...

Excerpt: ...At the same date and time, Co-Defendant, CHD, LLC dba Adrenaline Lacrosse, ("Adrenaline Sports") sponsored, organized and managed a high school lacrosse event at the Sports Complex, perpendicular to the children's soccer game. Plaintiff alleges that as she watching the game, she was struck with an errant lacrosse ball from the adjacent field where the high school lacrosse game was being played. (FAC '1 15.) The FAC alleges "[dlefendants were resp...

Excerpt: ...to conform with express and implied warranties. On 8/1/23, Plaintiffs filed the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code S 1790 et. seq.. Defendant mcwes to stay the matter under CCP 5410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be filed in Indiana. Plaintiffs oppose, arguing among other thin...

Excerpt: ...titute a cause of action, and that it fails to allege a transactional relationship giving rise to a duty to disclose. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[Tlhe complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof...

Excerpt: ...urt assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Ifthe complaint falls to stat...

Excerpt: ...nsferred to Residential Funding Company, LLC ("Residential Funding") or 21st Mortgage Corporation ("21st Mortgage"). In 2022, 21st Mortgage allegedly recorded a notice of default. A notice of trustee's sale was recorded in March 2023. Plaintiffs allege that these documents were improperly filed because Attorney Lender Services, Inc. ("Attorney Lender") failed to record a substitution of trustee. Plaintiffs allege that Residential Funding and 21st...

Excerpt: ...mplaint against Defendants, Ford Motor Company ("Ford") and Hemborg Ford (together "Defendants") asserting the following causes of acton: (1) violation of Civ. Code S 1793(d) [against Ford only]; (2) violation of Civ. Code S 1793(b) [against Ford only]; (3) violation of Civ. Code S 1793(a)(3) [against Ford only); (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement — concealment [against Ford only...

Excerpt: ...cedural background: Petitioners allege that they own real property located at 14801 Amorose Steet in Lake Elsinore, which is zoned R-1 12000 in the County of Riverside. Petitioners allege the property has stayed in the same condition and used in the same manner since 1987 when their parents bought the property. Further that between 2022 and 2023 they were targeted by were targeted by code enforcement officer Britt Starkweather ("Starkweather") fo...

Excerpt: ...that FCM's authorized repair facilities failed to repair the defects after a reasonable number of attempts. The complaint sets forth three causes of action for violation of the Song-Beverly Act. * * * on June 22, 2023, the parties entered into a settlement under which Defendants agreed to pay $52,510.75. In addition, Defendants agreed to pay attorney's fees and costs to be determined by motion in which Plaintiffs would be deemed the prevailing pa...

Excerpt: ...intiff to obtain a conditional use permit, at the property. (Comp. , '1 11, Exh. A.) Plaintiff alleges Defendant Tod Gary Davidson is the alter ego of Mirage. Plaintiff alleges Defendant overbilled in excess of $70,000 for work not completed or authorized, did not perform the work according to the plans, required Plaintiff to pay subcontractors directly, failed to follow codes and failed to show up to the jobsite. Plaintiff alleges a claim on Mir...

Excerpt: ...vision, and retention against PUSD. Specifically, Plaintiff alleges he was a victim of sexual assault and molestation at the hands of Regalado, an employee of PUSD (as a coach and tutor), from 2013-2014, when he was 15-16 years old. (Complaint at 1, 10.) During this time period, Regalado was also charged and found guilty of sexually assaulting at least one other student of PUSD. (Complaint at 12.) *** On June 7, 2023, Plaintiff served requests fo...

Excerpt: ...od faith; such a determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (CCP S 877.6 (a), (c)-(d).) The case of Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499, established the often-cited factors to be considered by the court in det...

Excerpt: ...inging this motion. The parties are ordered to meet and confer by telephone, in person, or on video. Failure to meet and confer in good faith may result in sanctions. If the parties resolve the issues before the Court, the moving party is ordered to contact the Court and request that the Motion be taken off calendar. After meeting and conferring, moving party shall, at least 10 days before the continued hearing date set above, do one of the follo...

Excerpt: ...edule. Factual / Procedural Context: Petitioner Sierra Club brings this CEQA challenge to Respondent City of Moreno Valley's (City) approval of the project known as the Moreno Valley Business Park, which mostly consists of a single industrial building 220,390 square feet. Petitioner contends the City improperly adopted a Mitigated Negative Declaration, when there would be impacts to aesthetics, air quality, energy, land use/planning, noise and tr...

Excerpt: ...M.D. on May 12, 2021 at Parkview Community Hospital, and was discharged to home on May 14, 2021. She returned to Parkview Community Hospital on May 15, 2021 with abdominal pain and was diagnosed with a perforated small bowel. Ms. Contreras was taken back to surgery on the morning of May 16, 2021 and Dr. Hirst was the anesthesiologist for that procedure. He was not involved in the first surgery of May 12, 2021. The condition of Ms. Contreras deter...

Excerpt: ...ifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufactured by MORryde, International, Inc. ("MORryde"), another defendant in this case. Defendant Jayco moves to strike Plaintiffs' supplemental witness designation. The general allegations are as follows: On February 15, 2021, Plaintiffs were camping in their Eagle HT RV, and, at around 2:00 a.m., P...

Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massiello to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...

Excerpt: ...es. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pri...

Excerpt: ...PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF ANTHONY L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY ANTHONY L PEREZ CVR12204802 PEREZ VS PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF SANDRA L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY SANDRA L PEREZ Tentative Ruling: The court denies Pl...

Excerpt: ...arassment claim. (FAC, 915(e).) However, courts have held that, "[h]arassment... consists of actions outside the scope of job duties which are not of a type necessary to business and personnel management." (Janken v. GM Hughes Electronics (1996) 46 Cal.App.4th 55, 55.) Moreover, harassment does not include personnel management duties such as "hiring and firing, job or project assignments, office or work staton assignments, promotion or demotion, ...

Excerpt: ...breach of express warranty; (2) breach of implied warranty; and (3) Civil Code 51793.2. On the day of trial, the court referred the matter to mediation, which ultimately resulted in a settlement. Here, Plaintiff moves for attorney fees of $100,433.71 that consists in fees of $23,872.50 for Quill & Arrow, $43,337.24 for West Point Legal, a 1.35 multiplier, $3,700.56 in costs, and an additional $6,000 for the reply and attend the hearing. Defendant...

Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger LISA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF-55, which wa...

Excerpt: ..."), Exhibit A.) Plaintiffs allege that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11, 22-29, 63-85.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(B); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability and ...

Excerpt: ...ny pleading at any time. CCP SS 473(a), 576. See Hong Sang Market, Inc. v Peng (2018) 20 CA5th 474, 488, 229 CR3d 99CCP 5473 provides: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceedng by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the tme for answer o...

Excerpt: ...iff is ordered to file a supplemental declaration 10 days prior to the hearing date describing the supplemental meet and confer, and indicate whether any issues were resolved informally. A motion to compel a further response to an inspection demand or interrogatory must be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve informally the issues presented by the motion before filing the motion. (Cal...

Excerpt: ...r se. On October 3, 2023, Plaintiffs filed their operative First Amended Complaint ("FAC"), alleging the same two causes of action— negligence and negligence per se. Plaintiffs subsequently agreed to dismiss their second cause of action for negligence per se. (Becker Decl. 6.) In the FAC, Plaintiffs seek exemplary and punitive damages based on their first cause of achon for negligence. *** Defendant now moves to strike a portion of the FAC seek...

Excerpt: ...ged that prior to 2009, Rancho Palms was home to low-income, predominately Hispanic families, most of whom paid $350/month. Rancho Palms was subject to a recorded Declaration of Affordable Housing Covenant through 2054. In 2009, the City and Housing Authority purchased the Park to convert it to a community for low-income individuals aged 55 and older. Plaintiffs alleged that to accomplish this replacement, the City began a campaign of harassment ...

Excerpt: ...the pleading that is subject to the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike." Here, the declaration filed by Defendant refers to a meet and confer pertaining to a prior motion and does not state that anyone met and conferred with respect to this moton arising from the First Amended Complaint. It may well be that a meet and confer wil...

Excerpt: ...ad and consider the document filed by Dell V. Morgan on 11/27/2023. Morgan attacks the proposed Amendment as unreasonable. The Court has broad discretion in ruling on a petition such as the one before it now. (See, Orchard Estates Homes, Inc. v. The Orchard Homeowner Alliance (2019) 32 Cal.App.5th 471. A proposed amendment is unreasonable if it "is arbitrary, capricious, violates law or a fundamental public policy, or imposes an undue burden on t...

Excerpt: ...m Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regent") were aware of the fraternty's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operati...

Excerpt: ...rtment (the "City") responded to a call to help lift Mary Parks ("Decedent") out of bed, a "lift assist." Plaintiffs, the surviving heirs of Decedent, allege that the firefighters negligently dropped Decedent onto the floor, caused her head to strike the wall and caused Decedent's oxygen tank to become unplugged. Decedent became unresponsive and the firefighters began performing CPR. An ambulance of defendant American Medical Response, Inc. ("AMR...

Excerpt: ...rt rules as follows: Alter ego allegations: SUSTAINED. The allegations do not show individual liability of Defendants Charles and Ana Singleton. The FAC cites conclusory allegations in support of Plaintiffs' claims for alter ego liability, without supporting factual allegations. Plaintiffs' conclusory allegations are made on information and belief which requires that Plaintiffs assert factual allegations supporting Plaintiffs' belief. 2COA for br...

Excerpt: ...Burrtec") hired Tanc and Bogel Constructon LLC dba Tanco ("Tanco") as its primary contractor to perform a construction project at its Edom Hill Compost property. Tanco hired Sky Construction Services, Inc. ("Plaintiff") to perform demolition and grading services for the project. Tanco has refused to pay Plaintiff $156,584.22 for services provided. The Complaint asserts the following causes of action: (1) breach of contract, (2) quantum meruit, an...

Excerpt: ...this wrongful foreclosure action. Plaintiffs allege the following causes of action: (1) violation of Civil Code section 2923.5; (2) violation of Civil Code section 2923.6; (3) violation of Civil Code section 2923.7; (4) negligence and negligence per se; (5) UCL violations; and (6) wrongful foreclosure. The first, second, and third causes of action are premised on statutory violations. Civil Code section 2923.5 requires that a mortgage service, mo...

Excerpt: ...: On July 6, 2021, Plaintiff, while employed by a staffng agency, was working at Defendants' premises. (Complaint, pg. 4.) Plaintiff was transporting and re-filling Defendants' propane gas tank within their warehouse facility in Perris, California when the propane gas tank exploded and caught fire, causing severe burns to Plaintiff (Ibid.) On June 30, 2023, Plaintiff filed his Complaint in this case, alleging three causes of action for: (1) Gener...

Excerpt: ... assault and battery against Defendants, WG Hacienda SH LP ("WG Hacienda"), Ventas AOC Operating Holdings, LLC ("Ventas"), Atria Management Company, LLC ("Atria"), Robert Barton ("Barton"), and Robert Orsino ("Orsino") (together "Defendants"). In the Complaint, Plaintiff alleges she was a resident of a residential care facility for the elderly named Atria Hacienda, which was located at 44600 Monterey Avenue, Palm Desert, California (the "Facility...

Excerpt: ...f any other class, representative or collective action in another court that asserts claims similar to those asserted in this action. He does not, however, state whether he made a reasonable inquiry of other members of the firm to determine if any of those individuals are aware of any such cases. 4. CMO 3(c): If a class member fails to cash their check by the deadline, then the settlement administrator shall distribute such funds to the Californi...

Excerpt: ...compel further responses to SROG Nos. 1, 2, 3, 10, 16, 35, and 36. The Court denies Plaintiff's request for sanctions. Factual / Procedural Context On September 13, 2019, Plaintiff Jacob Keithley ("Plaintiff") purchased a new 2019 Ford Transit Van from Sunrise Ford Fontana, a dealership. (Compl. 11.) The subject vehicle was manufactured and warranted by Defendant Ford Motor Company ("Defendant" or "Ford"). (ld. at 25, 29.) Plaintiff alleges that ...

Excerpt: ...of Service of Summons filed in this achon on February 02, 2023, Moving Defendant was served with the Summons and Complaint on June 05, 2020, by substituted service to a cooccupant, Artemio Villicana, who is also named as a Defendant in this case. On March 30, 2023, Plaintiff filed a Request for Entry of Default, and, on the same day, default was entered against Moving Defendant by the clerk of the court. On September 29, 2023, Moving Defendant fi...

Excerpt: ...ch of contract and 2) negligence arising out of an agreement by Defendant United Brothers Concrete, Inc. to lay foundation and build block walls for Plaintiff's property. Defendant moves the court to set aside the default entered against them on August 29, 2023 on the grounds of mistake, inadvertence, surprise and/or excusable neglect pursuant to CCP S 473(b). Here, defendant brought the documents to his attorney (discovery Request for Admissions...

Excerpt: ...t General Corp. (2007) 148 Cal. App. 4th 97, 113.) City requests judicial notce (RIN) of: 1) the fact that the City of Riverside is a public entity (Evid. Code S 452(g), (h)); 2) the operative Charter Section 419; 3) the Charter section 1109; and 4) Resolution No. 23256, S 1104 (Evid. Code SS 451(a), 452(b), (g), (h), 453) (see Dec.Verska, Exs. "A" — "C".) The fact that the City is a public entity is judicially noticeable under the catch-all pr...

Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massieloo to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...

Excerpt: ...UP OF AMERICA, INC.'S MOTION FOR RE IEF FROM WAIVER OF OBJECTIONS-SPECIAL INTERROGATORIES BY VOLKSWAGEN GROUP OF AMERICA, INC. Tentative Ruling: Defendant's Motion for Relief from Waiver of Objections to Requests for Admissions, Form Interrogatories, and Special Interrogatories are granted. A party to whom interrogatories have been propounded must serve responses within 30 days after service of the interrogatories. (C.C.P. S 2030.260(a).) A party...

Excerpt: ...eement that moots the causes of action of the Plaintiff's Complaint. On 3/19/20, Plaintiff's counsel sent the Defendants' insurance carrier a letter offering to settle his claims against the Defendants subject to the carrier agreeing to five specific terms and conditions outlined in the letter. The letter states "[t]he written acceptance of these terms must be in our hands before April 2, 2020. No term is more important than any other term; there...

Excerpt: ... the imposition of terminating sanctions for discovery abuses and the striking of the answer, judgment was entered in fawr of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On May 10, 2023, Judgment Creditor served a subpoe...

Excerpt: ...Defendant entered -nto a Vacant Land Purchase Agreement and Joint Escrow Instructions (PSA), which was later assigned to Plaintiff, an entity with ownership common to High Sand Dessert, LLC. When Plaintiff and Palm 10 met to sign the PSA, the price was $1.5 million higher than what they had previously agreed to. Defendant, Susan Harvey (Harvey), served as the dual real estate agent of both parties, and represented to them that she had received a ...

Excerpt: ...der. Plaintiffs now move for an order removing the case from arbitration and putting it back on the active calendar because they argue that Defendants failed to timely pay arbitration fees. Defendants admit that they did not timely pay the fees but assert that the oversight was unintentional and that the Court should not remove this case from arbitration because Plaintiffs failed to comply with this Court's order requiring the matter to but submi...

Excerpt: ...serious injuries. On October 6, 2023, Plaintiff filed his Complaint against the Inn and principle, Kalpesh Solanki (collectively "Defendants"). He asserts five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Negligence; and (5) Negligent Hiring, Supervision and Retention. Defendants now move for terminating sanctions against Plaintiff. Defendants assert that on July 17, 2023, their counsel obs...

Excerpt: ...12 SHAH VS DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA IMITED LIABILITY COMPANY, DBA PARKVIEW COMMUNITY HOSPITAL MEDICAL CENTER MOTION TO STRIKE COMPLAINT ON COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY, DBA PARKVIEW COMMUNITY HOSPITAL MEDICAL CENTER BY DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA LIMITED LIABILITY COMP...

Excerpt: ... Demurrer is overruled. Defendant's Motion to Strike is sustained with leave to amend within 20 days. REQUEST FOR JUDICIAL NOTICE Defendant requests the court take judicial notce of the followng documents: A) an order in Plaintiff's workers' compensation case, B) Plaintiff's voluntary resignation, C) Plaintiff's initial complaint in this action, D) the First Amended Complaint ("FAC"); and E) the operative SAC. Plaintiff objects to the request as ...

Excerpt: ...ry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." 1 CCP S 1008 gives the court no authority when deciding whether to grant a motion to reconsider to 'reevaluate' or 'reanalyze' facts and authority already presented in the earlier motion." (Crotty v. Trader (1996) 50 Cal.App.4th 755, 7...

Excerpt: ...emurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." Here, the parties have not met and conferred as required. It may well be that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrelevant. The C...

Excerpt: ...filed an original Complaint against GM, alleging "breach of warranty" claims under the Song- Beverly Consumer Warranty Act, as well as a common law "Fraud - Fraudulent Inducement- Concealment" claim. GM filed a demurrer to Plaintiff's originally filed Complaint against their Fraud-Fraudulent Inducement-concealment claim. Before GM's hearing on its demurrer could be heard, Plaintiff filed his First Amended Complaint (FAC), which includes the same ...

Excerpt: ...cing the examinee's reasonable travel costs and expenses. (CCP S 2032.320(e)(1)and(2)) Plaintiff does not dispute that he has refused to travel to California from Pennsylvania for the Independent Medical Exam (IME), despite Defendant's offer to pay travel costs. (See "Sarmiento Declaration", Para.16; Opposition, p.4.) The court finds that Defendant has shown cause for Plaintiff to travel to California for the IME because, despite Defendant's best...

Excerpt: ...ized by homeless people during the term of Petitioner's lease. (ld„ '1 11.) In July 2021, Petitioner submitted a conditional use permit to the County of Riverside (the "County") to remodel the building and use the building and property for a cannabis business. (ld., 8, 24.) Petitioner alleges that the County unfairly denied his application, after granting preferential approval of a neighboring property owner's application to operate a cannabis ...

Excerpt: ...iffs allege that the Vehicle was delivered with serious defects and nonconformities to warranty and that the Vehicle manifested additional defects and nonconformities within the applicable warranty period, which HMA's authorized facility was unable to repair. (Complaint, "1 10, 18, 22-24.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach...

Excerpt: ... his secretary/paralegal of 21 years left and he had to run the firm on his own for two months. (Decl. of Mark A. Mellor ("Mellor Decl.") at '1 4.) Thereafter, he hired new staff and obtained new case management software. (Mellor Decl. at 5, 9.) He was first notified of the default and default judgment in October 2022, and asked his staff to calendar a follow-up date. (Mellor Decl. at 6-8.) The filing date was mis-calendared, which was his ultima...

Excerpt: ... may, on motion of either party after notice to the other party, set aside any void judgment or order. "[A1 default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void." (Calvert v. A1 8inali (2018) 29 Cal. App. 5th 954, 961.) "Notice of the litigation does not confer personal jurisdiction absent substantial compliance with the statutory requirements for service of summons." (Mjs Ente...

Excerpt: ...ted by Plaintiff. McGee Contracting failed to cure the mechanic's liens. Defendant Jason McGee is alleged to be the alter ego of McGee Contracting, who used the funds on his other entiW, Defendant Jeptha Trucks, LLC. The complaint, filed 11/3/22, asserts: (1) non-disclosure (McGee Contracting and Jason McGee); (2) intentional misrepresentation (McGee Contracting and Jason McGee); (3) breach of contract (McGee Contracting); (4) breach of implied c...

Excerpt: ...al Integrity. Plaintiff initially sought to recover for, among other things, anxiety she claimed to have suffered as a result of the accident. She now has withdrawn her claims relating to anxiety and has not and does not assert any claim for psychological injury. She has amended some or all of her responses to discovery to eliminate any such claims, and will amended remaining responses to avoid any confusion about the claims she is pursuing. For ...

Excerpt: ...uary 26, 2021 alleging negligence and premises liability. The matter proceeded to jury trial on May 15, 2023, and the jury returned a verdict in favor of Defendants and against Plaintiff. Judgment was entered on August 15, 2023. Defendants filed a memorandum of costs on August 25, 2023, seeking $48,319.26 in costs. Plaintiff now moves to tax $972.75 in filing and motion fees, $22,600 in witness fees and $11,803.09 in other costs. Defendant oppose...

Excerpt: ...cularity that constitute a cause of action, and that it fails to allege a transactional relationship giving rise to a duty to disclose. A moton for judgment on the pleadings addresses defects in a pleading that are disclosed on the face of the pleading or that are subject to judicial notice. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonab...

Excerpt: ...on as a general demurrer, and hence attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed." (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in are deemed admitted and given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal. App. 4th 194, 198.) "No matter how unlikely or improbable, a plaintiff's allegations mus...

Excerpt: ...ll matters stated therein. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 disapproved on other grounds In re Tobacco Cases II (2007) 41 Cal.4th 1257. Deny petitioners' request for notice of items 17-20 because they are not facts and propositions that are not reasonably subject to dispute. As to the first cause of action, for violation of CECA, questions of whether an action is barred by the statute of limitations are typically q...

Excerpt: ...ersch, alleges three causes of action for 1) declaration of membership rights and order invalidating director appointment, 2) violations of a director's rights of inspection under Corp. Code 58334, and 3) violations of the common interest development open meeting act. On June 15, 2023, Plaintiffs filed an ex parte application to set a hearing date and specifying the manner of notice pursuant to Corp. Cade 57616. The court denied the ex parte appl...

Excerpt: ...ng paragraphs. Factual / Procedural Context: Plaintiffs Stasha Sill ("Stasha") and Alicia Sill ("Alicia") (together "Plaintiffs") filed their original complaint in this action against Defendant Lending Bee, Inc. ("Lending Bee") on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC). On July 7, 2023, Lending Bee demurred to the FAC. On August 29, 2023, the court sustained part of the demurrer, and granted Plaint...

Excerpt: ...uant to CCP 1019.5. This is a Song-Beverly Lemon Law case by Plaintiff Susan Danchak whose Complaint alleges 8 causes of action Defendants Ford Motor Company and Fiesta Ford, Inc. for 1) violation of Civ. code 51793.2(D), 2) violation of Civ. code 51793.2(B), 3) violation of Civ. code 4) breach of the implied warranty of merchantability, 5) fraudulent inducement— concealment, 6) negligent repair, and 7) violation of the Magnusson-Moss Warranty ...

Excerpt: ...RCS, which owns a neighboring property, has trespassed onto the Property and has caused a nuisance by allowing stone walls, trees and/or fences to encroach upon the Property. (FAC, 10, 12.) Plaintiff further alleges that the City has condoned RCS's actions by failing to enforce zoning ordinances. (FAC, 11.) The FAC sets forth five causes of action against both defendants: (1) public nuisance; (2) private nuisance; (3) trespass; (4) negligence; an...

Excerpt: ...ant, '1 5.) These factual allegations are sufficient to allege inducement on false or incomplete statements. As such, the argument by Defendant that concealment is not plead is not persuasive. Next, the Second Amended Complaint alleges that the vehicle had a Hydra-Matic 8L90 transmission. (Second Amended Complaint, '1 4.) It asserts that as early as September 2014, Defendant was aware that the 81_90 transmission was defective. (Second Amended Cro...

Excerpt: ...ys. 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 material facts which have been properly pleaded, of facts whic...

Excerpt: ...on of Civ. Code 4) breach of the implied warranty of merchantability, 5) fraudulent inducement — concealment, 6) negligent repair, and 7) violation of the Magnusson-Moss Warranty Act. Defendants demur to the 5th and 6th causes of action in Plaintiff's complaint. As to the 5th cause of action Ford asserts that the Complaint fails to allege facts sufficient to state a cause of action, including the failure to allege a duty to disclose, and on the...

Excerpt: ...pear at two consecutive hearings after having been given notice. On 8/10/23, Plaintiffs filed a Motion to Set Aside Default Judgment entered on 5/31/23. Although there had been no default judgment, the court considered the moton as a moton to set aside the dismissal entered on 5/31/23. Plaintiffs requested an Ex Parte to shorten time to hear the Set Aside motion. The Ex Parte request was denied on 8/11/23. Defendants filed their opposition 8/30/2...

Excerpt: ...d hour violations as well as an unfair business practices claims. By this Motion, Defendant seeks to compel arbitration of Plaintiff's individual claims to arbitration and dismiss the class claims. Plaintiff opposes. Analysis: l. Standard upon the petition/motion of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration ...

Excerpt: .... (Cal. Code Civ. Pro. S 2031.310(b)(2); Cal Code Civ Proc S 2030.300(b.) "This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order." ( ownsend v. Superior Court (1998) 61 Cal. App. 4th 1431, 1435.) The level of effort necessary to satisfy the requirement varies depending on the circumstances of the case, but a serious effort is required. (Stewart v. Colonial Western A...

Excerpt: ... was the driver of a 2003 Chevrolet Silverado who struck and killed Ms. De La Luz. Plaintiffs in the instant matter are decedent's heirs. Plaintiffs have sued the following defendants under the following theories of liability: (1) Bookout on the theory that aookout negligently operated her motor vehicle at the time of the incident; (2) Defendants IPS, Shariden, and Zimmer Consultants, Ltd. on the theory that they negligently designed and/or const...

Excerpt: ... and all radiological films including but not limited to any x-rays, MRI's, CT Scans, Bone Scans, Nerve Conduction Studies EMGs, CT Mylograms, Diskograms, etc., whatsoever relating to any care, treatment, diagnosis, prognosis, consultation and/or findings. Documents should also include, but not be limited to, any and all emergency room records, radiology reports, pathology reports, all test and test results, medication records, physical and/or uc...

Excerpt: ...ts Riverside Housing and Kulpa move to strike claims for punitive damages and attorney fees from the Complaint. As to punitive damages, Defendants contend that there is no basis to recover punitive damages for simple negligence absent additional factual pleading in accord with CC S 3294. As to attorney fees, Defendants contend that the Complaint does not plead a legally viable basis for the recovery of attorney's fees, which can only be recovered...

Excerpt: ...ces of the Riverside Branch. Petitioner seeks a writ commanding the Department to provide services, to create and implement an Individualized Plan for Employment, and for "damages in the sum of $57,CM through May 2022 and continuing at $2,880." In her opening brief Petitioner also seeks orders requiring the Department and its employees from engaging in conduct that she considers to be unprofessional. More specifically, Petitioner asserts that she...

Excerpt: ...ts; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/moton to compel...

Excerpt: ...ntiff had entered into a PSA that is the basis of Plaintiff's claims. The PSA was not executed by SEQ and SEQ is not identified as a party to said agreement. Plaintiff asserted in this motion that SEQ is the alter ego of GKL, in an attempt to hold SEQ liable for an alleged breach of the PSA. The Court continued the 9/28/23 hearing to allow Plaintiff to take Gary Leff's deposition, and on 10/24/23 granted Defendants ex parte application to file fu...

Excerpt: ...tiff alleges that Defendant, Trulieve (founded by Defendant, Kim Rivers) has operated a chain of retail marijuana dispensaries throughout the U.S. Plaintiff alleges that Ms. Rivers is the CEO and Chairman of Trulieve and/or its parent company, and is a significant shareholder who effectively controls the business. Before the alleged events herein, Ms. Rivers partnered in the ownership and management of Trulieve with Benjamin Atkins — Plaintiff'...

Excerpt: ...nstrument. Specifically, Plaintiff alleges he purchased the property and as a result of undue influence by Defendants Mat and Laurel Thomas, executed a grant deed transferring the property to him and Defendants as joint tenants. In response, Defendants filed their Cross-complaint alleging causes of action for partition, accounting, constructive trust and money had received. They contend that in August 2015, Plaintiff approached Defendant and stat...

Excerpt: ...eadings should be settled by that date. All parties shall file updated CMC statements prior to that date. Factual / Procedural Context: On March 22, 2023, Plaintiff, Levira Pickett ("Plaintiff") filed the Complaint in this action against Defendant, Mission Ambulance, Inc. ("Defendant") asserting causes of action for medical negligence and elder abuse. Plaintiff alleges that at the time of the incident, she was 93 years old and had a fractured rig...

Excerpt: ...elief demanded determines the applicability of the statute of limitations under our code.' " (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22—23.) Thus, the court will follow Hensler and focus on the gravamen of each cause of action. Song-Beverly: For the Song-Beverly and breach of express warranw, the delivery date is irrelevant, because Plaintiffs discovered the defect within 1-2 weeks of purchase, i.e. 9/24/17-10/1/17. Yet, Plaintiffs did...

Excerpt: ...��hole golf course and landscaped areas, called "fingers," that extend into the residential community and create greenbelts between the homes. Homeowners located adjacent to the golf course and/or its fingers generally have paid more for their homes. The Golf Course is currently owned and operated by plaintiffs/Cross-Defendants Majestic Asset Management, LLC and Wintech Development, Inc. and Cross-Defendants Jen Huang and Hai Huang (collectively,...

Excerpt: ...served within three years after the achon is commenced against the defendant...[A]n action is commenced at the time the complaint is filed." Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (Inversiones Papaluchi S.A.S. v. Superior Court (2018) 20 Cal.App.5th 1055, 1051.) CCP S 583.250(b) further provides that [ "If service is not made in an action within the time prescribed in this article...[...

Excerpt: ...ritten Contract: Defendants have met their burden to show that they were not parties to the alleged employment contracts. "[T]he lack of a party's signature does not make a fully executed contract unenforceable." (Performance Plastering v. Richmond American Homes of California, Inc. (2007) 153 Cal.App.4th 659 [The lack of subcontractor's signature on settlement agreements with general contractor was irrelevant to enforceability].) However, " 'the...

Excerpt: ...nses, and further responses, as previously ordered by this Court prior to the hearing on this motion, or the tme this tentative ruling is adopted per Local Rules, the Plaintiff is prohibited from arguing or putting on evidence at trial as to all of the following specific issues: (a) "Defendants held themselves out to Plaintiff as experts with respect to the preparation of an offer in compromise (OIC) with the Internal Revenue Service (IRS)," as a...

Excerpt: ...ry of judgment as a matter of law. (Code Civ. Proc., S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Prcyc., S 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made ...

Excerpt: ...the Song- Beverly Act against both the dealer and the manufacturer. (ld. at 491.) Moreover, the signatory defendant in Felisilda was not dismissed until after the motion had already been decided. (Ibid.) In the present case, however, the Complaint sets forth statutory claims and a fraud claim against AHM. The dealer, Honda of Escondido, is not and has never been a party to this action. Moreover, the Complaint does not depend upon the RISC in asse...

Excerpt: ...ining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order." (CCP 5533.) The court has inherent power to or dissolve preliminary injunctions. (City of San Marcos v. Coast Waste Management, Inc. (1995) 47 Cal.App.4th 320, 328.) On May 30, 2023, the Court issued the preliminary injunction prohibiting Moving Defendants from instituting or prosec...

Excerpt: ...the grounds that the costs are not properly awardable to DWR under the Code of Civil Procedure, the California Rules of Court and relevant case law. Specifically, this Moton based upon the following: (1) The Memorandum of Costs indiscriminately seeks an award against three distinct Plaintiffs without particularizing the costs attributable to each, thereby making it unascertainable which costs are claimed against which party, (2) Item No. 1 in the...

Excerpt: ... agency named in Gov. Code, S 6103, and no filing fees were paid, the clerk shall include as part of the judgment the amount of the fees that would have been paid but for Gov. C'Nle, S 6103. Thus, under Gov. C'Nle, S 6103.5, filing fees are costs incurred but not paid, which are recoverable under the general costs statute. Since Gov. Code, S 5103.5, specifically prescribes the inclusion of these fees as costs in a judgment, a trial court has no d...

Excerpt: ... to RFPs, Set one, Nos. #1-20, within 20 days of this order becoming final. Sanctions are denied. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed the complaint (the "Complaint") in this action on November 1, 2022 and the operative second amended complaint ("SAC") against defendant George Saezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust ("Defendant"). Plaintiff alleges that sh...

Excerpt: ...ting relevance and specific facts justifying discovery. (CCP Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production "is met simply by a fact-s#cific showng of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the burden to justify any objections. (Kirkland, supra, 25 Cal.App.4th at 98.) l. he Discovery at Issue Is Relev...

Excerpt: ....P. 52025.280(a).) Pursuant to C.C.P. 52025.450(a), where a party fails to appear, without a valid objection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be accompanied by a meet and confer declaration under C.C.P. 52016.040. (C.C.P. 52025.450(b).) Evaluating whether a "reasonable and faith attempt" to meet and confer was ma...

Excerpt: ... to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence." A p...

Excerpt: ...oos Fire Protecton (2012) 53 Cal.4th 1244, 1248 [prevailing party may recover attorney's fees only when a statute or contract provides for fee shiftingl.) Accordingly, Plaintiff's request for attorney's fees in the amount of $28,722.72 is denied. Plaintiffs indicate that they continued to pay half the mortgage payment for the Property for 18 months in the total amount of $15,118.92 while Defendant failed to make any payment. The only support for ...

Excerpt: ...lment; and (5) Public Nuisance. On July 24, 2023, this Court ordered Plaintiff to pay $5W.OO for failure to appear at a June 23, 2023 trial setting conference, and an additional $51% for the failure to participate in the drafting of a joint trial statute conference statement (Declaration of Shelan Toma, 93, Ex. A — Notice of Ruling), and $560 further on September 12, 2023 to be paid jointly and severally by Plaintiff's counsel and Plaintiff for...

Excerpt: ...ckson argues that punitive and exemplary damages should be stricken under Code of Civil Procedure section 436 because the facts pleaded are insufficient to support a claim of oppression, fraud, or malice. The Court disagrees. The allegations are specific and they, and inferences that may drawn from them, are sufficient to survive the moton to strike. The Complaint pleads that on the night of the accident Jackson, who lost his license as a result ...