Excerpt: ...oppose this motion. Plaintiff submitted the declaration of Dr. Donald Weissman with her supplemental papers. Defendant objects to the admission of Dr. Weissman's declaration on several grounds. Analysis Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (C.C.P. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that th...

Excerpt: ...alley RV Resort with her personal RV, when she purchased a new manufactured home from Defendant Kelly Mac (Mac) that was manufactured by Defendant Cavco Industries (Cavco). The property manager, Mooshi Bijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until it was sold. Bijah told Plaintiff that she would not receive title...

Excerpt: ...torney's fees is denied. Defendants' DLJJ, DDS and Stuart Rubin Motion for Joinder is denied. As a general rule, when a cause of action arises out of the furtherance of a defendant's right of petition or free speech in connection with a public issue, it is subject to a special motion to strike. (CCP § 425.16(b)(1).) An “act in furtherance of a person's right of petition or free speech” … includes … any written or oral statement or writin...

Excerpt: ... ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (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. (Code Civ. Proc., §576; Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 168; Pri...

Excerpt: ...to Dennis' house located at 5701 Dodd Street in Mira Loma (the “Premises”) was in his deceased wife's name, and her will deeded the home to his stepdaughters if he remarried. Dennis, Mary and Andrea were friends and members of The Church of Jesus Christ of Latter-day Saints. Following Mary's death, Dennis pursued Andrea romantically. In August 2015, Andrea agreed to marry Dennis. Andrea had a business selling wholesale clothing to retail comp...

Excerpt: ...state has subsequently arrested and charged Johnson for downloading and distributing child pornography. Defendant North American Division of Seventh Day Adventists (NAD) is the governing body for Seventh-Day Adventists and had control over La Sierra Academy. Plaintiffs filed this action (CVRI 2000648) on 12/15/20. Their operative pleading is the Second Amended Complaint (SAC), filed 10/6/21, for: (1) negligence (against all); (2) negligent superv...

Excerpt: ...purchase of a 2005 Honda S2000. On 12/12/, Plaintiff propounded his first set of Form Interrogatories (“FROGs”). Defendant timely served responses. Plaintiff found the answers to be incomplete/evasive, and on 1/14/23, Plaintiff sent a short email message demanding a further response. Plaintiff on 1/18/23, filed a motion to compel further responses to Nos. 7.1, 7.2, 7.3, 9.1, 9.2, and 15.1. Plaintiff argues in short measure that Defendant's re...

Excerpt: ...eading. Factual / Procedural Context: Plaintiff, Jose Orozco‐Carreon, alleges that on 12/23/17, he purchased a new 2018 KIA Optima from Defendant, Kia America, Inc.'s (KA) [formerly Kia Motors America, Inc. (KMA)] authorized retailer, which was manufactured and/or distributed by KA. Plaintiff alleges the vehicle was purchased with an express warranty among other warranties. He alleges that during the express warranty period, the vehicle develop...

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: ... 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: ...(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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ....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: ...�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: ...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: ...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...