Excerpt: ...sign and manufacturing def ect; strict liability – failure to warn; and res ipsa loquitor. In the Complaint, Plaintiff alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purch...

Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...

Excerpt: ...laint. Dis crimination (1st cause of action): Plaintiff alleges she was constructively terminated from her position. Constructive termination occurs when an employer engages in conduct that effectively forces the employee to resign, i.e., “that the employer either in tentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would real...

Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...

Excerpt: ...f Expert Mark Blanchette on grounds stated. Declaration of Mark Giannamore: OVERRULE Objections Nos. 1-9. SUSTAIN Objections Nos. 9-14 on grounds stated. Declaration of Mark Burns: SUSTAIN Objections Nos. 15, 17, 19 (1st), 19 (2nd), 20 ,21 and 22 on grounds stated. [The Court notes that in there is no Objection 16 indicated in the objections, and that there are two Objections Nos. 19, identified here as "19(1st) and IS(2nd). OVERRULE Objection No...

Excerpt: ... 22, 2023 (the “Policy”). Plaintiffs filed the original complaint on August 2, 2023 and the operative First Amended Complaint (“FAC”) on October 13, 2023. The Resolution bans “Critical Race Theory or other similar frameworks” in the classroom. In particular, the Resolution bans te aching of the following five elements of Critical Race Theory (“CRT”): 1. Racism is racial prejudice plus power, a concept that is often used to argue...

Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...

Excerpt: ......

Excerpt: ...4. These motions are nearly identical. Plaintiffs have filed a supplemental opposition to Johns and Strebe's 2/15/24 demurrer. Plaintiffs argue that whether a plaintiff should have discovered facts to determine if delayed discovery is applicable is a question of fact and should only be decided as a matter of law if the evidence can support only one reasonable conclusion. She argues that six licensed real estate professionals received the deed an...

Excerpt: ...ffs”) purchased a 2013 Jetta City (“subject vehicle”), which was manufactured or distributed by Defendant Volkswagen Group of America, Inc. (“Defendant”). Defendant provided warranties with the subject vehicle. Plaintiffs allege that the subject vehicle developed nonconf ormities and defects, including engine defects, during the warranty period. Plaintiffs delivered the subject vehicle to authorized repair facilities, but Defendant's ag...

Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...

Excerpt: ...covery has ne ver been considered relevant—witnesses may be compelled to appear and testify whether they want to or not.” (Id. at 1251 -1252.) Courts have prevented the release of witness contact information only under extreme circumstances. (Planned Parenthood Golden Gate v. Superior Court (2000) 83 Cal.App.4th 347.) Here, Plaintiff seeks the identity and contact information for Defendant's former employers as percipient witnesses to Wold's ...

Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...

Excerpt: ...ed. Verified further response to RFA No. 12, without objections, is to be provided to moving party within 30 days of this order becoming final. This is an elder abuse case. In May 2023, Plaintiff Marilyn Convey (“Plaintiff”), who is over 65 years old and suffe ring from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” ...

Excerpt: ...ostic tests and procedures, conditions, scope, and nature of the examination. CCP § 2032.320(d). It is unclear what types of tests and what neurological issues the examination will cover. In reply, Defendants make no attempt to fix this issue, even though it is pointed ou t by Plaintiff. Based on this alone, the motion must be denied without prejudice. Defendants' request that Plaintiff be precluded from audio recording the examination is also ...

Excerpt: ...efendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, City approved RASI's development and construction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated...

Excerpt: ...as sold with a 3-year/36,000-mile basic coverage warranty and a 5 - year/60,000- mile powertrain warranty. Plaintiffs allege that during the warranty period, the Subject Vehicle developed nonconformities, including issues with defective Hydra -Matic 8L90 transmission, which causes the ve hicle to hesitate or jerk or judder when attempting to accelerate (“Transmission Defect”). Plaintiffs delivered the Subject Vehicles to authorized repair fac...

Excerpt: ...ior demurrer brought on similar grounds. Plaintiff's First Amended Complaint now alleges causes of action for: (1) fraud; (2) misrepresentation; (3) violations of the Unfair Competition Law; and (4) elder abuse. Plaintiff alleges in the FAC that she executed a promis sory note and a deed of trust to the originating lender, and challenges Defendants' authority to pursue a non -judicial foreclosure on the ground that the originating lender is the o...

Excerpt: ...s. Factua l and procedural background: Plaintiff filed its original Complaint on 8/23/23, sought injunctive relief for violation of the Immigration Consultant Act. Defendants Delia Gomez Bazan and Azteca Taxes & Auto Insurance Services, LLC. The First Amended Comp laint was filed on 9/14/23. Defendants demur to the entire FAC on grounds that it fails to state facts sufficient to constitute a cause of action, fails to allege any actionable alleg...

Excerpt: ...o amend. T he Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Ticor's request that the court take judicial notice of the Substitution of Trustee and Full Reconveyance, document no. 2023 - 024390, recorded 8/18/23, is denied. While the court may certainly take judicial notice of the recorded document [Evid. Code § 452], the material will not aid the court in the resolution of the present demurrer. (See Aquila v. Superior Court (20...

Excerpt: ...with the purcha se of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to experience significant problems with the Vehic l e 's electrical system transmission. Plaintiffs brought the Vehicle in to authorized dealerships and/or repair facilities of Defendant on numerous occasions. As a result of ...

Excerpt: ....) A written contract may be pleaded verbatim or generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198- 199.) Alternatively, a written contract can be pleaded by attaching a copy of the complaint and incorporating it by reference. (Davies v. Sallie Mae, Inc. (2008) 168 Cal.App.4th 1086, 1091.) Elmashat alleges that Ayoub breached the Settlement Ag...

Excerpt: ...esk, asked that the room be inspected and bedding changed. On August 2, 2018, Plaintiff woke up with more bite marks. He alleges that the bites were becoming intensely itchy and painful. He again notified the front desk, and was informed that his bedding would be changed. When Plaintiff returned to the room, he inspected the bed, and under the newly changed sheets and found a bed bug infestation. Plaintiff checked out of the hotel. On August 6, ...

Excerpt: ...out ob jection within 30 days of this order becoming final. Sanctions denied. Plaintiff to provide notice pursuant to CCP 1019.5. Page 8 of 10 Defendant WG Hacienda SH LP (Hacienda) is a Residential Care Facility for the Elderly. (Complaint ¶2.) Plaintiff Marilyn Convey was admitted to the facility in May 2023. She suffered from Advanced Alzheimer's Dementia. (¶21.) The Complaint alleges the following: (1) Elder Abuse; (2) Negligence; and (3) ...

Excerpt: ..., modifying i t, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., §1987.1(a).) Either the ...

Excerpt: ... property to t he south. Brown and his wife have resided on their property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they inte nded to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/County. The engineer installed new monuments o...

Excerpt: ...ailure to timely file proof of service on complaint pursuant to CRC 3.110(b & f). A motion to set aside a dismissal is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a dismissal under CCP §473(b) must be based on either: declara tions or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in whic...

Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...

Excerpt: ...ention to resign or retire” (SAC ¶ 12) The SAC alleges sometime that day, DeSantis struck a “secret deal” with former Mayor Yxstian Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a “settlement agreement” to pay DeSantis “an enhanced settlement package worth over $300,000” (SAC ¶ 13) After the closed session, Early “reported out of closed session defendant DESANTIS' notice of resigna...

Excerpt: ...ave been properly pleaded, o acts which may be inerred rom those expressly pleaded, and o any material acts o 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 o act or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the complaint will also be accepted as ...

Excerpt: ...ched Plainti
¯s to sell the property to Defendant Ankr, LLC such that Plainti
¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti
¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...

Excerpt: ...ion 1st Amended Complaint as to Defendant Gabriel Deniz. Leave granted to Þle 2nd Amended Complaint within 20 days of this order becoming Þnal. Moving party, Zixta, to provide notice pursuant to CCP 1019.5. In May 2023, Plainti
¯ Isenia Salcedo (“Plainti
¯”) was an employee of Defendants Zixta Enterprises, Inc.; Zixta Enterprises, Inc. Vallerta Supermarkets 11, 15, 18, 21, 25, 54 (“Zixta Defendants”) at the Vallarta Supermarket in Ind...

Excerpt: ...ility – failure to warn; and res ipsa loquitor. In the Complaint, Plainti
¯ alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skylines jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purchase and installation of products at the jo...

Excerpt: ... GM Plainti
¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti
¯ accepted GM's CCP § 998 O
¯er of Compromise under which GM agreed to pay Plainti
¯ $177,000 In additio...

Excerpt: ...t leave of court, wrongfully re-Þlled their cross-complaint, which the Court previously dismissed. An attorney or unrepresented party who presents a pleading, motion, or similar paper to the court makes an implied certiÞcation as to its legal and factual merit, and a violation of this implied certiÞcation may result in sanctions. (Code Civ. Proc., § 128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Ci...

Excerpt: ...supervision. It moves, alternatively, for summary adjudication of the following issues: (1) Enterprise had no duty to warn because the condition was open and obvious; (2) any failure to warn by Enterprise was not a substantial factor in bringing about Plainti
¯'s injuries; and (3) Enterprise's conduct was not a substantial factor in bringing about Plainti
¯'s harm and Plainti
¯'s own negligence is the sole cause of her injuries. Summary judgme...

Excerpt: ...¯ Jags Care alleges that, since 2001, it leased from defendant County of Riverside a fueling station, convenience store and truck stop at the Blythe airport. Just before the parties' lease was scheduled to expire in June 2020, the County told Plainti
¯ that it would enter into a long-term lease with Plainti
¯ if Plainti
¯ spent millions of dollars repairing and improving the premises. Plainti
¯ contends that it agreed to this proposal and a ...

Excerpt: ...is order becoming Þnal. Sanctions are denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. This is an elder abuse case. In May 2023, Plainti
¯ Marilyn Convey (“Plainti
¯”), who is over 65 years old and su
¯ering from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” or “Defendant”) and Atria Management Co,...

Excerpt: ...310(b)(2).) The purpose of the meet and confer requirement is to make the parties reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17.) The factors in determining whether a party made a “reasonable” and “good faith” attempt to resolve the issues informally may include ...

Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti
¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti
¯ alleges that on April 5, 2021, when Plainti
¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...

Excerpt: ...side the judgment Þled in the companion case Þled under CVPS2106001. In both motions, Appellant argues that the cases were improperly decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate the cases. Appellant's challenge of the December 22, 2022 judgment is also based on a labored contention that this matter should not have been designated a limited civil case when in fact the “real” und...

Excerpt: ...rity as ordered by the Court in its order granting Respondent City's motion to declare Appellant a vexatious litigant. Appellant argues that the motion was decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate such a motion. On that basis, Appellant argues that the order granting the motion to declare Appellant a vexatious litigant and the related order mandating Appellant to post security was...

Excerpt: ...e has an ownership interest in Information Technology, and licenses the trade secret to White Bu
¯alo, who in turn, granted Plainti
¯ the exclusive license to the trade secret. (Rozo Decl. ¶3.) Plainti
¯ argues that a sublicense has standing based on Civil Code §3426.1 which deÞnes misappropriation as: “(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper m...

Excerpt: ...orce Growing Systems, Ltd. (“Defendant”). Through the PSA, Plainti
¯ agreed to sell non-residential real property located at 50th Avenue and Filmore Avenue, City of Coachella, County of Riverside, State of California (the “Property”) to Defendant. Plainti
¯ alleges that Defendant breached the PSA by failing to complete the purchase. On September 13, 2023, Plainti
¯ Þled a Complaint alleging causes of action for: (1) Breach of Contract...

Excerpt: ...olkswagen ID4 at or near the intersection of SR62 and I-10 while heavily intoxicated, crashed into the back of Grace, who was driving a motorcycle, and then continued forward colliding with a guardrail. (Complaint, ¶¶ 3-14, 22-25.) As a result of the collision, Grace was severely injured. (Complaint, ¶¶ 15, 26-30.) Schumacher was arrested at the scene for driving under the inßuence of alcohol/drugs. (Complaint, ¶ 16.) The Complaint sets for...

Excerpt: ...acility Act (Bus & Pro Code §§ 21700) and (2) violation o the Unlawul, Unair or Fraudulent Business Acts and Practices (Bus & Pro Code §§ 17200 et seq) On 5/31/2023, the Court dismissed the entire action without prejudice (Order o Dismissal was Þled by the Court on 6/5/2023) Plainti
¯s had ailed to appear at two consecutive hearings ater having been given notice On 8/10/2023, Plainti
¯s Þled a Motion to Set Aside the dismi...

Excerpt: ... Radiology. Plainti
¯ argues the subpoenas are overly broad in time and scope as they seek any and all records from February 1, 2011 to the present. Plainti
¯ argues she sustained injuries to her head, back, shoulders neck, ankle and leg, and that any subpoenas should be quashed in their entirety. The court is authorized to order that a subpoena be quashed, modiÞed, or that compliance be directed, with or without limitations, on the Þling of ...

Excerpt: ...co San Diego, and Randall Hoover • CVRI2306261: Plainti
¯s Michael Manzanarez and Keith Koko; Defendants Sysco Corporation and Sysco Riverside, Inc The causes of action in CVRI2203227 are: 1 Violation of Labor Code §11025 (all plainti
¯s) 2 Wrongful constructive termination in violation of public policy (all plainti
¯s) 3 Negligent hiring, supervision, and retention (all plainti
¯s) 4 Age discrimination (all plainti
¯s) 5 Associati...

Excerpt: ... it Þnds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conßicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel speciÞc performance of a contract. (Freeman v. State Farm Mutual Auto Insuranc...

Excerpt: ... all claims, including those asserted by Plainti
¯ as an individual and whether any defense to the Arbitration Agreement exist. Page 5 of 5 Enforceability is with the arbitrator. The delegation clause provides: “You agree that an arbitrator will decide any question about whether a claim or dispute must be arbitrated under the arbitration clause.” (Hernandez Dec., Ex. B.) The Agreement also provides that the arbitration will be administered b...