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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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