Excerpt: ...id Kohan's Complaint for judicial foreclosure fails to state a claim as this court found in CVPS2103085 that the Deed of Trust (DoT) is unenforceable and granted a motion to sell the property to satisfy a prior judgment against Nejat Kohan, Plaintiff's brother, who held title to the property. On January 25, 2022, the Court in the Sale Motion Case formally entered an Order for Sale of the Dwelling, wherein, among other things, found that: (a) the ...

Excerpt: ...Homes, LLC with the Plaintiffs carrying back the financing and holding first-priority deeds of trust 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 by which Cardenas loaned $3,055,000 to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conve...

Excerpt: ...aintiff alleges she was on her 32nd year of employment when was transferred from Southwest Justice Center to HOJ as a Court Service Assistant II. On December 13, 2016, Plaintiff was assigned to train with senior supervisor Defendant Jessica Torres (“Torres”). Plaintiff alleges Torres was “heavily bothered by plaintiff” as evidenced by heavy sighing, rude conduct and negative body language which created a hostile work environment. On April...

Excerpt: ...rty expects to offer in evidence at trial. CCP § 2034.280 provides that a party may submit a supplemental list of experts who will express an opinion on a subject to be covered by an expert designated by the opposing party. Failure to comply with these rules is grounds to exclude the expert. (CCP §2034.300.) To properly amend an expert witness list, a party must seek leave from the court. (CCP §2034.610.) The issue is whether Plaintiff was aut...

Excerpt: ...lied on codefendant Benjamin Iverson to act as her primary caregiver and custodian. The Complaint alleges that on an unspecified date, Decedent went to a BANA branch in Lake Elsinore, California, and transferred funds from her BANA accounts to accounts where Iverson was named as the POD beneficiary. Plaintiff contends this breached the terms of the trust which required Decedent to notify Patrick upon removal of assets from the trust. Decedent pas...

Excerpt: ... last month in which the plaintiff alleges to have worked for the defendants). The request for sanctions is granted. Hollandia Farms and its counsel are ordered to pay, jointly and severally, the sum of $1,060 to counsel for plaintiff forthwith. Analysis: Hollandia Farms, Inc., objected inter alia on the ground that the requested information would not lead to the discovery of admissible evidence because Plaintiff did not work for this Defendant a...

Excerpt: ...cial notice of the Notice of Entry of Dismissal and Proof of Service filed in the Sacramento Superior Court in the Felisilda v. FCA US LLC (Exhibit B) is denied, as the document will not aid the court in resolution of the present motion. (See Aquila v. Superior Court (2007) 148 Cal.App.4th 556, 569 [only relevant material may be noticed].) EVIDENTIARY OBJECTION With her opposition, Plaintiff includes a single evidentiary objection to the RISC att...

Excerpt: ...hidden in a restroom at Defendant La Sierra Academy (“LSA”)1 when Johnson was employed by Defendant Southeastern California Conference of Seventh-day Adventists (“SECC”) as a school counselor. The operative pleadings challenged by the moving Defendant North American Division of Seventh-day Adventists' (“NAD”) Motion for Summary Judgment/Adjudication are as follows: Second Amended Complaint of John CMA Doe, John CMI Doe, and John MMA D...

Excerpt: ...e undisputed. While Plaintiff purports to dispute paragraph 8 of the Separate Statement regarding the dialogue between Davies and Deputy Leso because “Defendants selectively omit” dialogue regarding a violation of Penal Code § 602.1(a). However, it is clear from the video footage that the “omitted” dialogue regarding § 6.02.1(a) was not directed to Davies (that is, the dispute is not supported by Plaintiffs' cited evidence). Moreover, t...

Excerpt: ...o such relief as part of this motion, it now seeks to have the Court reconsider its ruling raising arguments it could have raised at the hearing, had it sought one in conformity with the Local and Department rules. Notably, it does not appear that the failure to timely request argument in this case was excusable. Code of Civil Procedure section 1008, subdivision (a) provides in relevant part: When an application for an order has been made to a ju...

Excerpt: ... background: Plaintiff Calvary Church of God in Christ (“Plaintiff” or the “Church”) is a nonprofit religious corporation and operates a church that was led by Pastor Lucious Jones (the “Pastor”) until his death in October 2018. Shortly before his death, the Pastor transferred all of the Church's real properties and two of the Pastor's real properties to defendant CO.TE.EN Corp. (“CO.TE.EN”) dba Three Desert Streams, which is owne...

Excerpt: .../19 and the operative second amended complaint (“SAC”) on 1/14/21, against defendant's Jim Yueh Hsieh (“Hsieh”), Ying Zhang (“Zhang”), Tsuichen Chu (“Chu”), Wu Yuan Hsieh (“Wu Yuan”), Helen Pei-Lun Hsieh (“Helen”), George Wei (“Wei”) and Cindy Yeh (“Yeh”). Plaintiffs are in the business of purchasing scrap plastics and metal and exporting the material to Asia for further processing and recycling. Hsieh, Wei and non...

Excerpt: ... is required, without alleging and proving that he or she was a duly licensed contractor at all times during the performance of the act or contract. Cal. Bus. & Prof. Code §7031. Persons engaged in business or acting in capacity of contractor cannot maintain an action in both “law or equity” to collect for compensation for services requiring license without showing that he or she was duly licensed when the services were performed. Contractor...

Excerpt: ...tually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably i...

Excerpt: ...Hearing re: Demurrer on 1st Amended Complaint for Other Personal Injury/Property Damage/Wrongful Death Tort (Over $25,000) of GINO SCOPESI Tentative Ruling: Sustain with 20 days leave to amend as to the fourth cause of action per Health and Safety Code section 1430. HCR Manor Care Services, LLC, Doe 21, demurrer to the fourth cause of action in the First Amended Complaint arguing that it is not a licensee and therefore cannot be held liable under...

Excerpt: ...he examinee's bodily and mental privacy and other constitutional rights. (Reuter v. Sup. Ct. (1979) 93 Cal.App.3d 332, 343.) The notice of motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope, and nature of the examination.” (C.C.P., § 2032.310(b).) “Good cause” requires that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matte...

Excerpt: ...me claim at $582,570, “using a violation rate of three (3) hour of overtime wages per workweek.” The other estimated maximum values of the remaining claims are based on similar assumptions. But the declaration appears to be silent as to whether there are any facts that would justify those assumptions. The Court is asking for an estimate of the highest value justified by the evidence, not a number based on an assumption for which there is no e...

Excerpt: ...he plaintiff does not have the burden to disprove affirmative defenses. (Id.) At that point, the burden shifts to the defendant to show that a triable issue exists. (Id.) Plaintiff fails to meet her initial burden. Whether or not Plaintiff is an employee or an independent contractor does not demonstrate that Plaintiff is entitled to judgment as a matter of law, i.e. it does not address the elements of each cause of action. The 1st cause of action...

Excerpt: ... arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (Sharp Decl., Exh. B, p. 2.) The parties to the RISC are Plaintiff and Corona Nissan. Nissan North America, Inc....

Excerpt: ..., and violated numerous wage and hour laws as a result. When she complained, she was terminated from her employment. Plaintiff filed the Complaint on May 12, 2022, alleging 1) failure to pay meal and rest break premiums; 2) failure to pay overtime; 3) failure to pay minimum wages; 4) failure to provide accurate wage statements; 5) violation of Bus. & Prof. Code § 17200 et. seq.; 6) civil penalties under Labor Code § 558; 7) failure to pay final...

Excerpt: ...ok Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Page 5 of 7 Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on February 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, entered into a settlement agreement whereby VPI agreed to pay $7,5...

Excerpt: ...s denied to the extent that it seeks the dismissal of the non-individual PAGA claims. The prosecution of the plaintiff's representative PAGA claims is stayed pending the resolution of the arbitration. The status conference is vacated. Analysis: In her oral testimony on 11-14-22, the plaintiff conceded that she received “paperwork” during the on-boarding process when she first started working for Riverside Medical Clinic. (RT 8 & 12.) Specific...

Excerpt: ...judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more m...

Excerpt: ...eous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under the auto policy issued by National General Insurance Company (“National”). State Farm partially paid...

Excerpt: ...; Watts v. Crawford (1995) 10 Cal.4th 743, 749.) In order to obtain an order permitting service by publication, a plaintiff must submit the declaration of a competent witness to show: that reasonable attempts have been made to serve the defendants by some other authorized method; and (2) the existence of a cause of action or interest in property. (CCP § 415.50(a).) Reasonable diligence means a thorough, systematic investigation and inquiry condu...