Excerpt: ...ant") on February 9, 2019, after she negotiated and purchased an RV from Defendant designated at Space #150 (the "RV"). (Complaint, 15, 22.) Prior to that date, Plaintiff met with property managers Ms. Mooshi Bijah ("Ms. Bijah") and Ms. Jaleh Moaveni ("Ms. Joy") who offered to sell her the RV for $7,500 with a $2,500 cash deposit, with the remaining balance to be paid off through monthly payments of $180. Plaintiff would also have to pay a monthl...

Excerpt: ... of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Plaintiff alleges that fts assignor (State Fund) entered into a written agreement where fts assignor agreed to provide policies of workers compensation insurance to Defendants and that Defendant breached the policies by falling to pay premiums assessed at the conclusion of the policies. Defendant now brings this demurrer to all causes of action alleged in the Compl...

Excerpt: ...erto sell the property at a higher price. On 1/10/22, Plaintiff filed his complaint. On 3/8/22, the court sustained Defendants' unopposed demurrer without leave to amend. However, after granting reconsideration based on the fact that the court clerk improperly rejected Plaintiff's amended complaint, the court vacated the demurrer ruling and allowed Plaintiff to file the First Amended Complaint (FAC) on 6/15/22. The court then sustained in part De...

Excerpt: ...e interface between the asphalt road and the adjacent concrete gutter) (LJMF 12), sustaining serious personal injuries. Plaintiff now brings this action for premises liability and negligence against the home and street builder, Lennar Homes of California, LLC„ and against the City of Calimesa for dangerous condition. Defendants bring this motion for Summary Judgment alleging that the defect upon which Plaintiff tripped was trivial. "What consti...

Excerpt: ...ng school hours." (Comp. , 6.) However, Plaintiff was "violently sexually assaulted in the bathroom by DOE 1, and/or DOES 2-11N, while the s#cial education aide assigned to LH. was not carrying out his or her duties." (ld. at 9.) Plaintiff incorporates those allegations into his 2nd cause of action and further alleges that Doe assailant's conduct was intentional and sexually offensive. (Comp., 29-30.) Plaintiff also alleges that District "knew th...

Excerpt: ... discovery cut off dates, without prejudice." The 1st amended cross-complaint was filed on 7/22/22. On 9/20/22, following a motion for a vehicle inspection, the Court again only reopened discovery for purposes of a vehicle inspection. In short, the Court did not extend discovery for any other purpose. As a protective order is a discovery motion, and no leave has been granted to extend discovery, the motion is untimely. As such, the motion for san...

Excerpt: ...scovery that may lead to admissible evidence just as in any other case. (Property Reserve, Inc. v. Sup. Ct. (2015) 6 Cal.App.5th 1007, 1017 ["80th the Eminent Domain Law (citations) and the Civil Discovery Act (citations) authorize the landowner to engage in discovery, subject to the court's conventional discretion to manage and limit the discovery's scope, manner, and frequency."l) While pre- condemnation activities are a different type of emine...

Excerpt: ... with 20 days leave to amend the wrongful death cause of action. The Court denies the moton to strike. As the pleadings are not at issue, the Court shall continue on its own motion the Case Management Conference Hearing to July 19, 2023 at 8:30am in Dept. 3. All parties may appear in-person or by Zoom/telephone. All parties are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context: Decedent Barbara Krosk...

Excerpt: ...conform the vehicle to the applicable warranties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On November 2, 2022, Plaintiffs filed a Complaint for Damages against Defendant, alleging (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song-Beverly Act, and (3) fraudulent concealment. *** On December 15, 2022, Plaintiffs served a Notice of D...

Excerpt: ...y Mac dba Diamond Valley RV Resort (CVR12203692); (2) Kelly Shannon v. Kelly Mac dba Diamond Valley RV Resort (CVR12203879); and (3) Angela Butler v. Kelly Mac dba Diamond Valley RV Resort Both Plaintiff Perez and co-Defendant Cavco Industries, Inc. oppose the motion. Legal authorities and analysis: CCP S 1048(a) allows a court discretion to consolidate pending actions if they involve a common question of law or fact. This provision provides: "Wh...

Excerpt: ...l Detainer Case" or "UD Case"). The UD Case was filed by Joice Motamedi and Joe Russo, defendants in the instant action, against Plaintiff Maria Marquez. Motamedi owns the commercial property located at 42030 Main Street, Unit A, Temecula. Russo assisted Motamedi as an informal property manager for Unit A. The UD Case arose out of Marquez's alleged illegal sub-tenancy with sub-lessor Shana Ackerman. In the UD Case, it was alleged that a Notice to...

Excerpt: ...ailing party is entitled as a matter of right to ræover costs in any action or proceeding." Civ. Proc., S 1032(b).) A prevailing party claiming costs must file and serve a memorandum of costs within the earliest of (1) 15 days after the date of service of the notice of entry or dismissal by the clerk Civ. Proc., S 654.5), or (2) the date of service of written notice of entry of judgment or dismissal, or (3) within 180 days after entry of judgmen...

Excerpt: ...ore Defendants had a chance to retain counsel. Defendants assert that despite explaining their mistakes, plaintiff refused to stipulate to set aside the default. Defendants argue that there is no prejudice to plaintiff in granting this motion; that there was minimal delay in filing this motion; and, that if it is not granted, they face a $1.46 million judgment without being able to defend themselves on the merits. Plaintiff opposes the motion arg...

Excerpt: ...t, Magdalena Post, Angela Weimer and Brad Weimer (collectively, "Defendants"). On February 18, 2021, Plaintiff filed her operative First Amended Complaint ("FAC") against Defendants Brandini Enterprises, Inc.; Justin Post; Magdalena Post; Brad Weimer; Angela Weimer; Brandon Weimer; and Kevin Johnson, alleging (1) accounting, (2) breach of contract, (3) breach of covenant of good faith, (4) breach of fiduciary duty, (5) constructve trust, and (6) ...

Excerpt: ... 1, 2021, Plaintiff filed her complaint for premises liability and negligence. Trial is currently set for May 5, 2023. Defendant now moves for summary judgment. (C.C.P., S 437c.) It argues the wheel stop was not a dangerous condition as it was unobstructed, and Plaintiff was walking quickly in flip flops with her five-month-old daughter in an infant car seat and not looking where she was going when she tripped and fell. It also argues that the wh...

Excerpt: ...Storck, allege that Defendant, Spencer Food Services, Inc. (Spencer's), operates Spencer's Restaurant in Palm Springs. They allege that on 11/20/22, Plaintiffs went to Spencer's for breakfast, but were informed that they were not welcome because the owner has instituted a new policy of no children under twelve; Ellis and August are under twelve years old. Plaintiffs allege Spencer's, as owners/operators, have a duty to comply with Civil Code S 51...

Excerpt: ...verified complaint was filed alleging causes of achon for (1) Financial Elder Abuse [Welfare & Insttutions Code SS 15610.07; 15610.30]; (2) Intentional Misrepresentation; and (3) Quiet Title [CCP S 750.020.] Plaintiff, Margaret E. Adkins, is an 82-year-old woman and mother to Defendant Christopher Adkins ("Defendant," for purposes of this demurer). Defendant Diana Jones ("Diana") is in an unidentified relationship with Christopher, and apparently...

Excerpt: ...ectively "Plaintiffs") were moving from Oregon to California and were looking to purchase a home in Riverside County. They hired California Dream Real Estate and Joshua Andrade ("Andrade") to help them with this task. Plaintiffs found a singlefamily residence in Beaumont. The property was owned by Yunbo Xia and Jiang Fe Li. It was disclosed that marijuana had been grown inside the house for a period of time. Plaintiffs were concerned about potent...

Excerpt: ... of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2030.300(c), 2031.310(c).) Defendant served responses on 8/19/22-8/22/22. However, Defendant provided an extension to 2/15/2. (Motion, Ex. 13.) The parties are required to meet and confer. (CCP "2030.300(b...

Excerpt: ...Defendant engaged in discriminatory conducts in violation of the Fair Employment and Housing Act ("FEHA", Gov. Code, S 12900 et seq.) and the Unruh Act (Civ. Code, S 51 et. seq.) and retaliated against Plaintiff for participating in meeting and protest against the owners for uninhabitable conditions at the premises. Defendant now demurs to each of the 12 causes of action alleged by Plaintiff in her Complaint. Plaintiff alleges that, in August 201...

Excerpt: ...net monetary recovery, a defendant who is dismissed from the action, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, ...

Excerpt: ...r and file a joint declaration, within 10 days before the continued hearing, identifying any remaining issues to be resolved by the Court. This case arises out of an automobile accident that oc:curred on February 29, 2020. Defendant Patricia Ferrusca allegedly made an unsafe left turn on a red arrow in front of Plaintiff Felizitas Hernandez's vehicle, which caused injuries to Plaintiff Felizitas and her passenger, Plaintiff Ignacio Hernandez. (Co...

Excerpt: ... to replace or repurchase the vehicle in accordance with the Song-Beverly Consumer Warranty Act (the "Song-Beverly Act"). On June 22, 2022, Plaintiff filed a Complaint for: (1) Violation of the Song-Beverly Act — Express Warranty; (2) Violation of the Song-Beverly Act — Implied Warranty; (3) Fraudulent Inducement Intentional Misrepresentation; and (4) Fraudulent Inducement — Concealment. The present motion is a motion to compel arbitration ...

Excerpt: ...aintiffs filed their Complaint on 11/8/21 alleging two causes of achon for motor vehicle and general negligence. On 1/5/22, CRST filed a Cross-complaint against Cross-Defendant, Tianyu Liu Consdante, alleging three causes of action: 1) equitable indemnity; 2) comparative partial indemnity; and, 3) declaratory relief. On 6/8/22, Hight filed a Cross-complaint similar to CRST's alleging the same three causes of action against Consdante. *** Defendan...

Excerpt: ...ntal declarations). Civ. Code S 1717(a) provides: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attor...