Excerpt: ...ited to the documents used in connection with Plaintiffs' claims; and Nos. 28, 32 -33, and 36, with the requests limited to documents used by GM to determine whether to make a prelitigation offer to repurchase Plaintiffs' vehicle, and what to include in that offer. De nied as to the remaining RFPs. Deny the request for sanctions. The documents are to be produced within 30 days of this order. Factual and procedural background: On 3/6/23, Plaintiff...

Excerpt: ...ently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs.” (Id.) Hearing on this matter is continued to 3/27/24 at 8:30 a.m., Dep artment 5 to allow Defendant to provide information to support his assertion that he is indigent. Factual and procedural background: This matter went to trial in July 2023....

Excerpt: ...tion. Plaintiff has not addressed the deficiencies identified in the Court's ruling on the prior demurrer. In ruling on the demurrer to the First Amended Complaint, the Court finds that it did not sufficiently plead facts to support an inference that EMC had the re quisite intent, or facts from which could reasonably infer that they denied, or withheld Marshall's care by way of oppression, fraud, or malice, or extreme recklessness. The Court e...

Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...

Excerpt: ...al/Proced ural Context On August 9, 2023, Plaintiffs Gregory Franklin Hearn and Pamela Sue Hearn (“Plaintiffs”) filed their initial Complaint against Defendants Ford Motor Company (“FMC”) and Palm Springs Motors Inc. (“Palm”) (collectively, “Defendants”), alleging (1) violation of Civ. Code § 1793.2(d) of Song -Beverly Act (against FMC), (2) violation of Civ. Code § 1793.2(b) of Song -Beverly Act (against FMC); (3) violation of...

Excerpt: ...est in the property to Gerardo and Manuel by Interspousal Transfer Grant Deeds. Nonetheless, it is alleged that Maria made regular payments until February of 2021 when, due to a third party's fraudulent actions, her bank account used to make payments was frozen for four months. She continued to make payments using money orders, but Defendants claimed they did not receive them and initiated foreclosure proceedings. Plaintiff requested a loan modi�...

Excerpt: ... Belinda Addo (“Addo”) and BAWJ Medical Services, Inc. (“BAWJ”), as nominal defendant, in a related case (Case No. CVRI2202879), alleging judicial dissolution, breach of fiduciary duty, breach of contract, conversion, embezzlement, and cancellation of instrument (hereinafter “Addo matter”). On October 26, 2023, Plaintiff filed a Complaint in the instant action against Defendants Jean La Fontant (“Fontant”), BGM Medical Services,...

Excerpt: ...only has an av erage). Is plaintiff's counsel aware of other collective or representative actions asserting similar claims? CMO ¶ H.3. 3. No declaration from defense counsel as to whether counsel is aware of similar claims in another action. CMO ¶ H.3.b. 4. No declara tion from settlement administrator or from plaintiff's counsel as to whether multiple bids from settlement administrators were sought and whether the minimum bid was accepted and ...

Excerpt: ...tion. Plaintiff Jarrett Scott alleges that on November 21, 2005, he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, Califo rnia. (Complaint, ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as I...

Excerpt: ... / Proced ural Context This action arises out of the parties' dispute regarding the ownership of real property located at 13139 Acacia Avenue in Moreno Valley, California (the “Property”). On April 6, 2023, Plaintiff Mario Castillo (“Plaintiff”) filed his First Ame nded Complaint (“FAC”) against Defendant David Gomez (“Defendant”), alleging (1) breach of contract, (2) promissory estoppel, (3) declaratory relief, and (4) unjust en...

Excerpt: ...contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her “woman's charm” to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her credit card; and 3...

Excerpt: ... acted as their agents. The Neros countered Ikonte's offer, which was accepted by Ikonte. Ikonte alleges that he was later notified by Hundal and First Team that the seller was backing out and accepting another offer. Ikonte demanded that the Neros perform under the agreement, they refused to do so. The complaint was filed on 12/23/20 and asserts the following causes of action: (1) specific performance for breach of contract, (2) damages for b...

Excerpt: ...rse, orders from that court). Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113. Redact social security numbers from any publicly available documents and sustain plaintiffs' objection 25. Appearances requested to discuss the most effici ent way to accomplish this. Sustain plaintiffs' objections 1, 5 -9, 13, 16, 21, 25 -26, 30 -33, overrule all of plaintiffs' other objections. Sustain defendant's objections 1, 6 -7, 1...

Excerpt: ...rumed”), Lubrizol Life Science, Inc., The Lubrizol Corporation, and Lubrizol Advanced Materials, Inc. (“Defendants”) for: (1) discrimination; (2) retaliation; (3) failure to provide reasonable accommodations; (4) failure to participate in the interactive process; (5) violation of the California Family Rights Act; (6) failure to prevent discrimination; (7) wrongful termination; and (8) breach of the implied contract not to terminate without ...

Excerpt: ... the requ est for sanctions. Factual / Procedural Context On January 8, 2021, Plaintiffs Constantino Martinez and Ana Verdin (“Plaintiffs”) entered into a warranty agreement with Defendant General Motors, LLC (“Defendant” or “GM”) in connected with the purchase of a 2021 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured by GM. Plaintiffs allege that nonconformities and defects manifested during the warranty peri...

Excerpt: .... Factua l / Procedural Context Plaintiff Analia Lenchantin (“Plaintiff”) filed her initial Complaint against Defendant Revive Contractors Group, LLC on January 12, 2023, and her operative First Amended Complaint (“FAC”) on March 28, 2023, against Defendants Reviv e Contractors Group, LLC (“RCG”), Victor Trejo (“Mr. Trejo”), and Victor Staforelli (“Mr. Staforelli”), alleging fraud, negligence, and breach of contract. On June ...

Excerpt: ...ors-in -interest to Joseph Thomas Tracy IIV (“Decedent”) filed the operative third amended complaint (“TAC”) on November 9, 2023 against defendant the City of Riverside, the City of Hemet, Hemet Police Department Sergeant Paez #10459 (“Sergeant Paez”) and Riverside Police Department Detective Kerr #1697 (“Detective Kerr”) (collectively, “Defendants”). Plaintiffs allege that on January 18, 2022. On January 18, 2022, Decedent w...

Excerpt: ...City) 6/1 5/21 decision to approve the MoVal 2040 Project, which consists of the 2021 General Plan update (GPU) including a Housing Element Update, a Climate Action Plan (CAP), and associated zoning amendments, and to certify an Environmental Impact Report (EIR) for the Project, which provides for large increases in industrial and commercial development within the City. The Project is intended to replace the existing 2006 General Plan (2006 GP) a...

Excerpt: ...ase”) with defendant Maham Corp. to rent property located at 12860 Perris Blvd., Unit D -7 in Moreno Valley, where Trapp had lived for 24 years prior. The Lease contained two options to purchase the property. Trapp exercised both options to purchase the property, the first in 2018 for $110,000 and then a second in 2019 for $169,000, both of which Maham breached. Trapp filed a civil lawsuit seeking specific performance for the sale of the pro...

Excerpt: ...ave been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an “absent homeowner or occupant” as he has been providing care to his paraplegic wife. Plaintiff alleg es he and Edward R. Cardoos1 and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...

Excerpt: ...th 97, 113.) Her e, Defendant, Wanhoo, requests the Court take judicial notice of: 1) a print -out from the California Secretary of State's website of the Statement of Information for Wanhoo, LLC, filed on 7/22/22; 2) the subject POS filed on 12/8/22; 3) three invoices issu ed by Cheung & Chu, CPA to Wanhoo, LLC, in 2022 and 2023, for accounting services; and, 4) a letter dated 11/15/23 from Wanhoo's counsel challenging substitute service as im...

Excerpt: ...Balestrac ci (“Plaintiff” of “Madison”), by and through her Guardian ad Litem, Katie Balestracci (“Katie”), alleges that Defendants Debra Kay Lebo, D.O. (“Dr. Lebo”), Joseph E. Glaser, M.D. (Dr. Glaser”) and Temecula Valley Ob/Gyn Medical Associates (“TV Ob/Gyn”), a s well as Loma Linda University Health and Loma Lind University Medical Center – Murrieta, negligently managed Katie's prenatal care, labor, delivery and post-...

Excerpt: ...nder the rules currentl y applied by the Department, they are auto -assigned rates exceeding 70 percent in Riverside County and 60 percent in San Bernardino County. They allege that the Department unveiled a new auto -assignment algorithm that will result in Defendants receiving fa r fewer Medi -Cal members. They argue that these changes were not made pursuant to the requirements in the Administrative Procedure Act (“APA”). The complaint asse...

Excerpt: ...al interest to be ser ved or some particular right to be preserved or protected over and above the interest held in common with the public at large.'” (Holmes v. California Nat. Guard (2001) 90 Page 6 of 13 Cal.App.4th 297, 315.) “This interest must be concrete and actual, and must not be conjectural or hypothetical.” (Iglesia Evangelica Latina, Inc. v. S. Pac. Latin Am. Dist. Of the Assemblies of God (2009) 173 Cal.App.4th 420, 445; Associ...

Excerpt: ...(“Alicia”) (toget her “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) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...

Excerpt: ...rd - 6th causes of action, with 30 days leave to amend. Highway 243 argues that Duggin's claims amount to professional negligence, as they are based on design errors and omissions, and therefor the damages claimed are outside of the contractual damages. The problem is th at there are no allegations in the Cross- Complaint to support this. Therefore, the negligence cause of action is barred by the economic loss rule. Further, Highway 243 alleges t...

Excerpt: ...ceived to date. The proofs of service filed December 18, 2023 indicate that the Defendants were personally served with the summons and complaint, Notice of Application and Hearing, and a copy of the application and any affidavit in support thereof as required by California Code of Civil Procedure, section 512.030. California Code of Civil Procedure, section 512.060(a) requires that the Court issue a writ of possession where both of the following...

Excerpt: ...nt surgica l approaches to replace a hip joint. They are both surgical hip replacements, but whether they are substantially different procedures is a factual question for the finder of fact, and not one capable of being decided on demurrer. (See Kaplan v. Mamelak (20 08) 162 Cal.App.4th 637, 647.) As to Defendant's assertions that it cannot be liable for medical battery because only the doctor can provide consent, and the physicians are not empl...

Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...

Excerpt: ...cent Hospital , Inc. Defendant's default was entered and a default judgment was filed on 4/12/23. On 8/10/23, ACNAR filed a motion to add non- party Magave Care Inc. (Magave) as a judgment debtor via successor liability under CCP § 187. Magave filed an opposition. The Court issued a tentative ruling to deny the motion. At the hearing on 10/10/23, the court heard oral argument and adopted its tentative, denying the CCP § 187 request. Magave m...

Excerpt: ...or that there i s a complete defense to that cause of action. (CCP §437c(p)(2).) Once the defendant (or cross- defendant) has met that burden, it shifts to plaintiff (or crosscomplainant) to show that a triable issue of one or more material facts exists as to that cause o f action or defense thereto. (CCP §437c(p)(2).) The moving party has met its initial burden regardless of whether the opposing party files counter -declarations. (Aguilar v. ...

Excerpt: ...ified in the requests, deeming any such requests as admitted, and establishing the genuineness of any document. Here, Plaintiff served Requests for Admissions (Set One) on Defendant MARILYN V SAINZ via mail on October 31, 2023. Defendant MARILYN V SAINZ response to Requests for Admissions (Set One) was, therefore, due on or before December 5, 2023. According to Plaintiff's attorney's declaration, on December 7, 2023, a meet and confer letter was...

Excerpt: ...ted a dangerous condi tion by failing to post any warning signs while performing repairs on a City sidewalk. It alleged that Plaintiff tripped and fell at the site of the unmarked location where the repairs were being undertaken, sustaining physical injuries. After the Court s ustained the City's demurrer to the Complaint, Plaintiff filed her First Amended Complaint (“FAC”) on November 9, 2022, alleging the same cause of action against the C...

Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...

Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...

Excerpt: ...stituting the fraud until after Defendant's unsuccessful attempts to repair the defects. (FAC , Para. 42.) The court deems, for purposes of demurrer, these allegations to be true. (Hacker v. Homeland Residential, Inc. (2018) 26 Cal.App.5th 270, 280.) Therefore, the 3 year statute of limitations begins to accrue when Plaintiff acquires knowledge that the vehicle is defective, not when the Plaintiff takes delivery of the vehicle. Plaintiff sufficie...

Excerpt: ... this case. After a trial in this case, on December 12, 2023, this Court Page 3 of 7 issued a Final Statement of Decision in favor of Plaintiff Association. Plaintiff Association is the present assignee of the interest in a 2007 Performance Deed of Trust encumbering the golfcourse. (Final Statement of Decision, pg. 1.) In 2015, a judgment was entered in the prior case in favor of Association that it is entitled to the remedy of foreclosure on its...

Excerpt: ...nit and made repairs to common areas, all of which were paid by the HOA's insurer. Later, LaPay's sister, Plaintiff here, became Trustee of her brother's Trust and eventually sued the HOA and its Manager for breach of governing documents, negligence, conversion, nuisance, trespass, breach of fiduciary duty, and declaratory relief. The HOA now seeks to recover prevailing -party attorneys' fees under Civil Code sections 1717 and 5975, Code of Civi...

Excerpt: ...ned total rea sonable amount of $4800.00 payable by Defendant to Plaintiff. Factual and procedural background: Plaintiff began working for Defendant as a yard truck driver in January 2022. On 7/28/22, Plaintiff was injured when a pallet of four mini refrigerators fell out of a shipping container and dropped on Plaintiff's shoulder. Additionally, the shipping container door swung open and hit Plaintiff's ribcage. Plaintiff continued working for th...

Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...

Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...

Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...

Excerpt: ... problems with the vehic le. Plaintiffs presented the vehicle for repair, but Defendant was unable to conform the vehicle to the applicable warranties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On 3/16/23, Plaintiffs filed the FAC against Defendant, alleging (1) breach of implied warranty of merchantability under the Song -Beverly Act, (2) breach of express warranty under the SongBeverly Act, and (3) Vio...

Excerpt: ...he y fail to state facts sufficient to constitute a cause of action and are uncertain. In opposition, Plaintiff asserts that the demurrer is without merit, improperly submitted and should be overruled. Further, Plaintiff asserts that Tamara Cross was sued i n her individual capacity, not the law firm. In reply, the Defendant law firm asserts that the FAC simply amounts a retaliatory lawsuit against an opposing Attorney for simply representing h...

Excerpt: ...al relationship giv ing 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., § 425.10.) “[T]he complaint need only allege facts suffic ient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High ...

Excerpt: ...whole and a ll of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, an d of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions,...

Excerpt: ...ding trial te stimony by Goger relating to her elder abuse claims, the value of the property at issue, and the taxes paid on the property. (First Amended Complaint (FAC), Paras. 4, 18, 22, 26, 33, 39, 43, 52, 54.) Goger has met her burden of showing that Plaintiff's cla ims arose out of protected activity. Plaintiff's arguments that the anti -SLAPP statute is inapplicable are meritless. The burden now shifts to Plaintiff to show a probability of ...

Excerpt: ...his former employer, 23 ½ Hour Home Services dba KC's 23 ½ Hour Plumbing, Inc. and its general manager, Bruce Smith (“Defendant” or “Smith”), for the alleged violation of various California wage and hour laws, including failure to provide overtime, failure to pay m inimum wage, failure to provide meal and rest breaks, failure to pay wages upon termination, failure to issue accurate itemized wage statements, and unlawful business practic...

Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...

Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...