Excerpt: ... employment, he was harassed, mocked and ridiculed based on his race/national origin (Black/Nigerian) by employees and supervisors alike, including Grmusha. On a daily basis, they would make fun of Plaintiff's accent while he would speak and make comments mocking his accent. Page 6 of 10 In July 2021, Plaintiff informed his supervisor that he was suffering from anxiety and depression. Plaintiff requested to be transferred out of the Moreno Valley...

Excerpt: ...heduled for January 11, 2023. On January 6, 2023, Defendant served an Objection to Plaintiff's Notice of Deposition of Defendant and Request for Production of Documents, and now seeks a protective order from this Court to prevent Defendant from being present on the noticed date as it was unilaterally noticed without first obtaining dates and times in which Defendant and Defendant's counsel would be available. Previously, on February 1, 2023, the ...

Excerpt: ...ooley at 2384 La Mirada Drive, Vista, California 92081. Defendants assert that the purported service as to all these Defendants is improper and void, and should be quashed. Plaintiff filed no proof of service of summons as it relates to MJNA, and therefore the service of summons must be quashed, as there is no evidence that the person served was MJNA's ostensible agent. Plaintiff did file a purported proof of service of summons as it relates to K...

Excerpt: ...7.6, subd. (3)(10).) Each of the five documents appear to be relevant to that compliance, as shown by the fact that they were repeatedly cited in the initial study and mitigated negative declaration and in the Water Quality Management Plan: Document #1 – the Fontana Study: It is referenced throughout the AR, the party's respective briefs, in the Initial Study/MND (IS/MND) (AR 414, 447‐448, 648‐649), and in the Traffic Impact Analysis (AR 39...

Excerpt: ...ive defense, a claim for damages or an issue of duty. (CCP § 437c(f)). Summary adjudication must “completely dispose” of the cause of action, defense, damages claim or duty issue to which it is directed. (CCP § 437c(f)(1).) Where a plaintiff seeks summary judgment, the plaintiff must produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical C...

Excerpt: ...(Code Civ. Proc., §§ 526, 1086.) While the losses alleged are substantial, they are nevertheless economic ones, and there is insufficient evidence to conclude that an award of money damages will not sufficiently compensate plaintiff/petitioner. The evidence submitted at this stage is also insufficient to establish a binding commitment between the parties to establish a long‐term lease or extension of the previous lease, as would be necessary ...

Excerpt: ...ty is further ordered to pay attorney's fees and costs to moving party in the amount of $1,035.00. within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. On March 24, 2022, Plaintiff Jose Araujo Lopez (“Plaintiff”) filed a Complaint alleging cases of action for: (1) Violation of Song‐Beverly Act ‐ Breach of Express Warranty; (2) Violation...

Excerpt: ... Partners, LLC dba Riverside Nissan (“Riverside Nissan”). On June 2, 2019, Plaintiff purchased a 2017 Nissan Altima (the “Vehicle”), which was backed by an express warranty, from the non‐party dealer, Raceway Nissan. (Complaint, ¶ 15; Declaration of Scott D. Sharp in Support (“Sharp Declaration”), ¶ 3, Exhibit B.) Plaintiff alleges that defects and nonconformities, including defects in the transmission, manifested themselves withi...

Excerpt: ...(2) Premises liability, (3) Dangerous condition of public property, and (4) Public nuisance). WCA now moves for summary judgment on the Complaint as to the cause of action for negligence, which is the only claim Plaintiff asserts against WCA. The Complaint alleges as follows: On the night of December 30, 2020, Plaintiff was traveling west on Mission Boulevard in the City of Jurupa Valley, at which time he came across a eucalyptus tree, approximat...

Excerpt: ...005‐ E Notice of Demurrer and Demurrer to Complaint Tentative Ruling: Plaintiff alleges that this case is about a misguided collection of a debt. (Complaint ¶ 14.) Plaintiff alleges that the named Defendants, US Bank National Association, Banc of America Funding Corp. and Quality Loan Service Corp., are the true creditors and no money is owed as they hold no valid deed of trust. (Id.) Plaintiff alleges that the debt has been discharged against...

Excerpt: ...actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” In the present case, there is no dispute that Plaintiffs are the prevailing parties in the action and are entitled to reasonable attorney fees. Thus, the only question to be determined by this motion is the amount of the award. The California Supreme Court has indicated that attorney fe...

Excerpt: ...oast Concrete Construction, Monica S. Perry and Robert S. Perry Sr. aka Robert Perry (collectively, “Defendants”). A stipulated judgment in the total amount of $1,503,177.80 (“Judgment”) was entered against all Defendants on February 2, 2018, and notice of entry was filed on March 12, 2018. (See Declaration of Nick I. Iezza in Support (“Iezza Decl.”), ¶ 2, Exhibit 1.) An abstract of judgment was issued and recorded in Riverside Count...

Excerpt: ...ation Health Plan, Inc., and The Permanente Medical Group Inc. (“Kaiser Defendants”). On February 9, 2021, the pump malfunctioned by administering too much insulin. Plaintiff was driving when this occurred, which caused him to enter hypoglycemic shock rendering him unconscious and unable to operate his vehicle resulting in his crashing into a concrete wall causing him severe personal injuries. Plaintiff alleges Medtronic knew the pump was def...

Excerpt: ...articulate a clear factual basis for a proper failure to warn claim. Plaintiff mixes in elements of a negligence claim along with her product liability claim by alleging issues of “duty”. The FAC fails to state facts sufficient to state a cause of action for strict products liability/failure to warn and the FAC is uncertain. 2 nd Cause of Action for Strict Products Liability‐Negligence‐Manufacturing Once again, the FAC pleads a lot on con...

Excerpt: ...ling party is entitled as a matter of right to recover costs in any action or proceeding.'” (Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) In determining whether a party is a prevailing party which could recover costs, trial court determines whether the party succeeded “at a practical level [by] realiz[ing] its litigation objectives” and whether “the action yielded the primary relief sought” in the case. (Friends of Spring Street v. N...

Excerpt: ...l actual and potential future claims, complaints, cross‐complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total sum of FIFTY‐ THOUSAND DOLLARS ($50,000.0...

Excerpt: ...his motion. (CCP § 437c(q).) GRANT the motion for summary judgment in favor of Wawanesa and against Plaintiff. Defendant to submit a Proposed Judgment Order within 10 Days. The named driver exclusion in the 2021 endorsement was conspicuously presented on an entire page, titled in all capital font, in bold, and advised the insured to read it carefully. (UMF No. 10.) There is also no dispute that Arnelle was an excluded driver in the 2021 policy f...

Excerpt: ...�person deposition, and for the imposition of monetary sanctions against Plaintiff and her counsel of record for misuse of the discovery process. Defendant contends that (1) Plaintiff failed to appear to a properly‐noticed deposition and should be compelled to submit to a deposition; and (2) the Court must impose a monetary sanction in the amount of $3,903.75, absent specified findings, for Plaintiff/Plaintiffs' Counsel's misuse of the discover...

Excerpt: ....010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. Plaintiff Jinbai Li (“Plaintiff”) filed the complaint in this action on July 29, 2021 against defendants Simon Chan (“Simon”) and Shiu Mei Chan (“Shui Mei”). The action arises out of an alleged agreement under which Plaintiff agreed to loan $30,000 to Shiu Mei (and her now deceased husband) in exchange for a 50% interest in r...

Excerpt: ...o the court by noticed motion for an order requiring the plaintiff to file an undertaking if the plaintiff resides out of the state. The undertaking would secure an award of costs and attorney's fees that might be awarded in the action. (C.C.P., § 1030(a); see also Shannon v. Sims Service Center, Inc. (1985) 164 Cal.App.3d 907, 914 [constitutionality upheld].) The statute serves a legitimate purpose of securing costs in the face of the difficult...

Excerpt: ...Plaintiff and his co‐workers were using equipment to grow marijuana and extract THC and/or CBD. The machines were designed, manufactured and/or assembled by Defendant Xtractor Depot, LLC, which is owned by Defendants Andrew Yoon, So Cal Medical Supplies, LLC, Sei Raikura, Jordan Kim, JK2, and Madam K. Plaintiff filed this action on 8/3/22. He filed the First Amended Complaint (FAC) as a matter of right on 10/31/22. The FAC asserts: (1) breach o...

Excerpt: ...ranties, or representations of any kind must be filed in the courts within the state of Indiana.” In support of its motion, Defendant submitted the declaration of Dan Evans. Plaintiffs submitted four objections to the declaration of Dan Evans, submitted by Defendant with its moving papers. The Court sustains these objections. All of the evidence Defendant attempts to submit relating to the forum selection clause is not admissible. There is no c...

Excerpt: ...uisite to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Actual notice of the action alone is not a substitute for proper service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392 (“Zara”).) A summons may be served on an individual by delivering copies of the summons and complaint to him personally or to someone authorized to accept summons on his behalf. (CCP § 416.90; Zara, 199 Cal.App.4...

Excerpt: ...tion to Compel Further responses (Int. 25 and 26) is granted. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. “Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact‐specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App. 4th 92, 9...

Excerpt: ...t by concealment of facts. Defendant moves to compel arbitration based upon the provisions of the Retail Installment Sales Contract under which plaintiffs purchased the vehicle. Defendant argues that it is a third‐ party beneficiary of the contract and relies on the Felisilda decision that compelled arbitration. In opposition, plaintiff argues that Felisilda should be distinguished because in that case the selling dealership was a party and sou...