Excerpt: ...ich manages commercial properties in the counties of Riverside, Orange and San Bernardino. (Complaint, 7.) Plaintiff was hired as a non-exempt employee of MPl on 6/24/19. (Complaint, 5, 8.) Plaintiff's duties included, among other things, visiting properties, performing property inspections, drafting lease agreements, drafting evicton notices, appearing at small claim proceedings, answering phones, handling monthly billing, processing tenant stat...

Excerpt: ...Bright Futures"), Perris Union High School District ("PUHSD"), and County of Riverside (the "County"), through 50 (collectively, "Defendants"). On 1/17/2023, Plaintiffs filed their First Amended and Does 1 Complaint ("FAC") against Defendants, alleging (1) assault and battery (by Clarissa against aright Futures), (2) negligence (by all Plaintiffs against all Defendants), (3) negligent retention and hiring (by all Plaintiffs against Bright Futures...

Excerpt: ... for the California Department of Real Estate ("Respondent" or "DRE") revoking his real estate broker license and granting in its place a restricted broker license. 1. Petitioner's License History Cusumano has been a real estate licensee of the DRE since 1991, originally obtaining a salesperson license. He obtained his real estate broker license in 1999, and a mortgage loan originator license endorsement on his broker's license in 2010. Petitione...

Excerpt: ...subject of judicial notice), 8, 9, 10, 11, 12, 13, and 14. The remaining objections are OVERRULED.I FACTS According to the first amended complaint (FAC), on June 9, 2019, Plaintiff Shenji Liu dba Stone Buddha Transport's ("Plaintiff") tractor- trailer truck ("truck") was being driven by non-party Richard Brown on the 1-10 freeway. Defendant Armando Cardin ("Cardin"), who was allegedly under the influence of alcohol, collided with the truck causin...

Excerpt: ...contends that Respondent informed it that it would renew the lease agreement, if Petitioner spent millions of dollars repairing and improving the property. Petitioner alleges that it agreed to this proposal and a contract was formed. It asserts that despite this agreement, Respondent solicited bids through a request for proposal process and did not select Petitioner despite the agreement and the $1.3 million spent by Petitioner to improve the pro...

Excerpt: ...estified that he was the current property owner of the subject property at 500 East Amado Rd., Palm Springs. In May 2022, he leased it to Michael De Angelo. At Michael De Angelo's request (purported tax advantage) he changed the lease to reflect IICR, LLC as the leaseholder with Michael De Angelo remaining as a guarantor. Exhibit 1 was introduced reflecting the aforementioned change in handwriting. After the lease started, Michael De Angelo reque...

Excerpt: ...ated a duty to disclose, the Court grants the moton for summary adjudication. The Court finds no triable issues of fact exist for a duty to disclose underthe Asset Purchase Agreement. Factual / Procedural Context: On August 5, 2019, Plaintiff Humble Fitness Beaumont, Inc. ("Plaintiff") entered into an Agreement for the Purchase and Sale Assets ("Agreement") with Defendant Bedazzling Beaumont, LLC ("Bedazzling") and fts owner, Reid Bradley ("Bradl...

Excerpt: ... California Clerk Recorder Fictitious Business name searches. JUDGMENT ON THE PLEADINGS A moton for judgment on the pleadings has the same function as a general demurrer and the same rules govern except as provided by CCP 5438. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) CCP 5438 sets forth the grounds and procedures for the motion. The grounds for a motion for judgment on the pleadings must appear on the face of the challen...

Excerpt: ...]o policy of insurance shall provide, or be construed to provide, any coverage or indemnity for the payment of any fine, penalty, or restitution in any criminal action or proceeding .. (Ibid.) It does not prohibit the use of insurance proceeds to offset criminal restitution. To the contrary, case law establishes that settlement payments made to a crime victim by the criminal defendant's insurance carrier must be offset to respondent's restitution...

Excerpt: ...g with a companion when she tripped and fell on uneven or protruding pavement in front of a residence located at 6639 Wells Springs Street located in Defendant City of Eastvale ("City"). The residence is owned by Defendants Frank and Janet Seo ("Seos"). Plaintiff allegedly sustained serious injuries as a result of the fall. On December 18, 2020, Plaintiff served a government tort claim on the City pursuant to the Government Claims Act. Plaintiff'...

Excerpt: ...d by a second position deed of trust recorded against Plaintiffs' property. In 2008, they had trouble making payments on the loan and contacted the servicer. After settlement negotiations, no statements were sent and Plaintiff believed the loan was charged off. Twelve years later, in 2020, defendants Planet Home Lending LLC ("PHL") and Prestige Default Services ("Prestige") sought to foreclose on Plaintiffs' property. Plaintiffs tried to negotiat...

Excerpt: ...ond Amended Complaint (the operative complaint), filed on July 26, 2021, against Life Care Centers of America, Inc. dba Life Care Center of Menifee; Roger Groves, KND Development 54, LLC dba Kindred Hospital of Riverside ("Kindred Riverside"); Kindred Healthcare Operating, LLC ("KHO"); Silverscreen Healthcare, Ind. Dba Asistencia Villa Rehabilitation and Care Center; Renew Health Consulting Services, LLC; Crystal Solorzano; Shawn Stallworth, a No...

Excerpt: ...to Nos. 4146 and 59-61. The Court denies the request for sanctions. Factual / Procedural Context: This is a derivative action brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested ...

Excerpt: ...ural background: Plaintiff alleges that on 6/6/21, at McCall Blvd and Sandy Lodge Road in Menifee, Plaintiff, who was riding his bike, collided with an object attached to a fire hydrant that was obstructed by an cwergrown tree and poor lighting. A Protective Cage Rental was attached to the fire hydrant and improperly installed such that it was encroached on the sidewalk. The complaint, filed 5/27/22, asserts general negligence and premises liabil...

Excerpt: ...s counsel and signed by this Court is void because the Court lacked jurisdiction to sign said order since a 4/6/22 minute order indicates the matter was dismissed. Plaintiff is correct that a court has limited jurisdiction when a matter is properly dismissed. "Upon the proper filing of a request to voluntarily dismiss a matter, the trial court loses jurisdiction to act in the case, 'except for the limited purpose of awarding costs and statutory a...

Excerpt: ...Defendant to provide notice pursuant to CCP 1019.5. This is an action brought by Plaintiff Michael Capozza, as Trustee of the Michael A. Capozza Separate Property Trust dated January 25, 2018 ("Plaintiff"), individually and derivatively, on behalf of 395 Palm Canyon, LLC ("395 PC"). On December 22, 2022, Plaintiff, individually and derivatively on behalf of Nominal Defendant 395 Palm Canyon, LLC ("395 PC") filed the operative First Amended Compla...

Excerpt: ...based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas Three LLC by which Cardenas loaned to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conveyed the properties to Zenith for fake private hard money loans. According to Plaintiffs, the result wa...

Excerpt: ...anager, FF Proper
Ÿes, L.P. (collec
Ÿvely “Defendants”). Carrie contends that the property was kept in untenantable condi
Ÿons. A
Ler she complained about said condi
Ÿons, she was retaliated against and harassed. She lived at the premises with her partner and children. The third amended complaint asserts causes of ac
Ÿon for: (1) breach of contract, (2) breach of the covenant of quiet enjoyment, (3) breach of the warranty of habitability...

Excerpt: ...(Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. (C.C.P. §576; Grieves v. Sup. Ct. (Fox) (1984) 157 Cal.App.3d 159, 168; Price v. Dames & Moore (2001) 92 Cal.App.4th 355, 360.) Irrelevant matter includes allegations that are not essential to the claim; ...

Excerpt: ...t of the sale of a single-family house in Palm Springs. Plaintiffs Greta Protctor and Brian Headman bought the property in the summer of 2018 from Jacqueline Thomas, DeeAnn McCoy, Freyed So LLC, and Thomboy Properties Inc. (“Sellers”). Plaintiffs allege the Sellers had purchased the property in 2017 as unlicensed flippers, knowing the property had significant construction defects. The Sellers used unlicensed subcontractors to perform work but...

Excerpt: ...waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel specific pe...

Excerpt: ...e 3. It then states the issues regarding the first and second causes of action are set forth together on page 12. This would be improper. Each cause of action where summary adjudication is sought must be separately set out. (California Rules of Court, Rule 3.1350(d)(1).) However, on page 12, it does not appear to address the first and second causes of action, but instead addresses the first cause of action in Roripaugh's cross-complaint. The noti...

Excerpt: ...he expiration of the two year statute of limitations, Defendant terminated his representation by letter. The letter stated that the date of the collision was 12/16/18 and although the letter repeatedly stated that the two year anniversary of the accident was coming up and that Plaintiff needed to file a cause before that date, the letter did not give the exact date of expiration of the statute of limitations or whether Defendant would assist in p...

Excerpt: ...losure or concealment may constitute actionable fraud: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. Where, as here, a fiduciary relationship does not exi...

Excerpt: ...gh the filing of a timely creditor's claim (Prob. Code, § 9100 et seq.) in the pending probate proceeding for the administration of Jorge Cuevas's estate. The demurrer is sustained without leave to amend if Plaintiff cannot explain how the Complaint may be amended. As to the fifth, sixth, and seventh causes of action, the Demurrer is overruled for the reason that Plaintiff has sufficiently stated a cause of action for impairment of community pro...