Excerpt: ...l modify paragraph 17 to ensure compliance with CRC 2.550 and 2.551. Factual / Procedural Context On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , '1 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the...

Excerpt: ...to allege that the Court in the Judgment Lien Case had no jurisdiction to deem Plaintiff's Deeds of Trust forfeited. As an aggregate, Plaintiff contends the new paragraphs set forth facts and law seeking to void the fincrng that Sid's security interest was waived. Plaintiff contends new facts were discovered. Plaintiff asserts he was first told that the court in Los Angeles had found his Deeds of Trust to be forfeited in late June 2021, approxima...

Excerpt: ...P 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's ("Kilimanjaro") allege that Bry and Defendant Cosek entered into a joint venture agreement, Kilimanjaro, which was formed to take title to real property at 38831 Kilimanjaro Drive, Palm Desert. Bry was the sole managing member while Cosek was a member. Cosek filed a fraudulent Statement of Information with the California Secretary of Sta...

Excerpt: ...nesses were operated during the marriage and the community and separate interests in the businesses are to determined by the Family Law Court. Plaintiffs allege Defendant was employed by them in an administrative capacity, that she was issued corporate credit cards and made over in personal, unauthorized charges. On 1/3/23) Breach of Fiduciary Duty. Defendant now demurs to the complaint on the ground this matter stems from the dissolution action ...

Excerpt: ...en filed on 1/11/23. There is a motion for Protective order in that matter as well set for 5/18/23. Defendant brings this motion for protective order requesting the court enter a protective order that permits the parties to identify documents as confidential and process by which to challenge the designation. Defendant contends good cause is shown as the information sought relates to proprietary business, trade secret, financial information and or...

Excerpt: ...Think Eventos, LLC dba Toro Wapo Arena Event, Center (collectively "Plaintiffs") lease property within an area commonly known as the Lake Perris Fairgrounds. The California Department of Water Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the P...

Excerpt: ...and the original Trustee of the Trust. (FAC, 8-9). Love had a long history of alcohol abuse, and his alcoholism worsened over the years. (FAC, 16, 18-21.) His alcoholism contributed to his divorces and health problems. (FAC, 16, 20, 23, 31-33.) In the summer or fall of 2015, Love met Cynthia Elaine Rose ("Rose"). (FAC, 10, 22.) Defendant is Rose's adult son. (FAC, '1 26.) Love and Rose began cohabitating in or around 2015 at property (the "Proper...

Excerpt: ...ience in '148. The CMO seeks the experience of the declarant estimating the value of the various claims, not simply the experience of the law firm asa whole. (S F.12.b.) b. Is internally inconsistent: i. Is Haque's hourly rate $925 ('1 51) or $825 ('166)? ii. Is Campbell's hourly rate $725 (q 57) or $700 (q 56)? iii. Is the total time spent 119.93 hours as stated in the text of 65, or 251.6 hours as stated in the chart in '1 66? c. Does not indic...

Excerpt: ... alleges she suffered from pressure sores, dehydration, malnourishment, and acute kidney disease, and that she was not cared for appropriately. She alleges four causes of action, only two of which are at issue here, i.e„ the second and fourth causes of action. As the parties have stipulated that the fourth cause of action should be sustained without leave to amend, the Court will only address the second cause of action. To withstand a demurrer ...

Excerpt: ...emises are a skilled nursing care facility and a residential care facility (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA" or "Defendant") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. CCV also alleges that the lessees failed to obtain the requ...

Excerpt: ...two causes of action for Cancellation of Deed and Quiet title. The underlying facts are generally undisputed. Defendant Lea J. Jones is Plaintiff's granddaughter. (Verified First Amended Complaint ["FAC"], 2.) In November 2010, Plaintiff and her late husband, Gary Leroy Bock, signed a Grant Deed by which they conveyed title to the Subject Property to themselves as husband and wife, and Lea Jacqueline Williard, a married woman as her sole and sepa...

Excerpt: ...events and served alcohol at the premises despite not having a certificate of occupancy' or an alcohol license. The Landlord received a Notice of Violation from the City of Temecula related to these activities. Lieberg went to the premises to post the Three-Day Notce and heard activity going on inside the building. He unlocked the door and saw three women decorating and setting up alcohol bars. Plaintiff contends he merely asked if Cooke was ther...

Excerpt: ...Motor Vehicle Against Benjamin Guzman. On January 24, 2023, Defendant served Plaintiff with Requests for Admission, Set One, Requests for Production of Duuments, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set one. (Declaration of John Higginbotham, 93, Ex. 1-4.) Decl."] On February 19, 2023, Plaintiff's counsel's assistant emailed Mr. Higginbotham requesting a twoweek extension, which was granted. This extended the deadl...

Excerpt: ...ng a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application with supporting declarations (CRC 3.1332(b)). Continuances of trials are disfavored. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance (CRC 3.1332(c)). A stipulation that good cause exists does not ...

Excerpt: ...cause for the discipline, but not for termination. (AR 867—869.) B. Writ Petiton On June 24, 2022, the County filed the instant Petition, asking the Court to set aside the Hearing Officer's decision and uphold Respondent's termination from his employment with the Department. According to the County, the Hearing Officer's decision was based, in part, upon the incorrect conclusion that Respondent was not a sworn peace officer (i.e„ Deputy Sheri...

Excerpt: ...his state, a court rule, or an order of the court. (CCP S 436.) On a motion to strike, as with a demurrer, "the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to strike is the proper vehicle to attack a punitive damage claim where the facts alleged do...

Excerpt: ...been received by the court. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure S473(b). A moton to set aside a default judgment under CCP S473(b) must be based on either: declarations or other evidence showing "mistake, inadvertence, surprise, or excusable neglect" (in which event, relief is discretionary). CCP S473(b) grants the trial court discretion to vacate a default judgment (and/or any othe...

Excerpt: ...ong other things. Defendant has subpoenaed records from various third-parties that purportedly relate to Plaintiff's damages claims. Plaintiff has moved to quash those subpoenas. At issue here is a subpoena to Dr. William Longfellow. Plaintiff claims that the subpoena is defective because it did not comply with Code of Civil Procedure section 1985.3's requirements pertaining to Notice of Consumer. Defendant has provided ample evidence demonstrati...

Excerpt: ... this Song-Beverly case on February 22, 2022 against defendant American Honda Motor Co„ Inc. ("Defendant"). On May 23, 2022, Defendant served Plaintiffs with Notices of Deposition and Requests for Production of Documents at Deposition for and production date of June 7, 2022. (Declaration of David L Chaffin, '12, Ex. A and B.) ["Chaffn Decl.".l On May 16, 2022, Plaintiff's counsel, Kevin Y. Jacobson, served objections to the deposition notices o...

Excerpt: ...O 3-HOURS MAXIMUM. Document requests are denied since they appear to be previously covered by the court's ruling on the motion to compel RTPs No. 1-10. Plaintiff to provide notice pursuant to CCP 1019.5. This is an employment action. Plaintiff Richard Anton üJftus alleges he was employed by defendants Eisenhower Medical Center ("EMC") and Eisenhower Medical Associates, Inc. ("EMA") as an internal medicine doctor for more than a decade before he ...

Excerpt: ... 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 petiton/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC 3.1330...

Excerpt: ...e revised at page 1 to identify the settlement agreement that is being preliminarily approved by stating the name of the declarant and the filing date of the declaration to which the agreement is attached. b. 915 provides that the final approval hearing may be continued without notice, but 6 and 17 provides that any objectors shall be given notice of any continuance. That inconsistency shall be resolved. c. Paragraph 8 provides that objectors are...

Excerpt: ...will be deleted, and if so, it does not describe by page and line number what allegations in the first amended complaint are being deleted. (Rule 3.1324(a)(2).) • The motion does not state what allegations are proposed to be added, and where in the proposed SAC the new allegations are found. (Rule 3.1324(a)(3).) • The declaration supporting the motion does not explain why the amendments are necessary. (Rule 3.1324(b)(2).) It says only that th...

Excerpt: ...f action of the Third Amended Cross-complaint of Qilin Chang, Golden Taste LLC, and Golden Globe, LP, is granted as to the claims of all three cross-complainants. Analysis: The third amended cross-complaint was filed on 11-19-20. The seventh cause of action asserts a claim for indemnity of all cross-complainants by all cross-defendants. (P. 20.) Specifically, it seeks a determination that the cross-complainants should be indemnified by the cross-...

Excerpt: ...lodestar enhancement. They argue costs are unreasonable. Decline to rule on plaintiff's evidentiary objections because the evidence was not the basis of the Court's ruling. Grant motion; award attorney fees of The rates charged are reasonable, but there was no need for the number of attorneys who billed time to this case to have worked on the case and this almost certainly resulted in unnecessary time being spent. The Court declines to apply a mu...