Excerpt: ...); Slayton v. Sup. Ct. (2006) 146 Cal.App.4th 55, 58, fn. 2; Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29.) For purposes of both motions, convenience to the parties and efficiency, the factual and procedural background of both motions, along with the legal a uthorities and analysis, are addressed in this Tentative Ruling. Factual and procedural background: On 6/9/22, Plaintiffs Antoinette Moreno and Gabriele Moreno filed a judicial f...

Excerpt: ...vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty, and emission warranty. (FAC, ¶ 7.) Plaintiff alleges that certain defects and nonconformities manifested themselves within the applicable express warranty period that substa ntially impaired the use, value, or safety of the vehicle, including “transmission defects, infotainment defects….” (FAC, ¶¶ 11, 12.) Plaintiff presented the vehicle on var...

Excerpt: ...t Bank FSB; and U.S. Bank National Page 2 of 6 Association, as Trustee for Bank of America Funding Corporation Mortgage Pass -Through Certificates, Series 2006- D (erroneously sued as U.S. Bank National Association.) Plaintiff alleged causes of action for: (1) Quiet Titl e; (2) Cancellation of Instrument; and (3) Wrongful Foreclosure. On 1/17/24, the Court sustained a demurrer to the FAC with leave to amend. The Minute Order from the 1/17/24 hea...

Excerpt: ...y various judgment debtors in this case as means to avoid judgment creditors from reaching those assets to satisfy a prior judgment entered in favor of creditors in a separate lawsuit. On 4/14/23, this Court entered a judgment in favor of Plaintiffs to set aside the fraudulent transfers of real properties and awarding monetary awards in various amounts, jointly and severally, against the judgment debtors. The instant application seeks an order au...

Excerpt: ...t Centers, I nc. For its part, Banning RV claims that Horgan had misappropriated funds. In the cross- complaint, Horgan alleges that, in the wake of lay -offs during the COVID -19 pandemic, he was given monthly bonuses as compensation for the additional work he was being required to do. In his crosscomplaint Horgan alleges causes of action for intentional misrepresentation, negligent misrepresentation, breach of contract, unjust enrichment, and p...

Excerpt: ...ll 4/19/24 discovery motions: Plaintiffs purchased a 2022 GMC Sierra 1500 Limited, manufactured by General Motors, LLC (“GM”). They contend the vehicle has defects and nonconformities. They contend that they brought the vehicle to Dutton Motor Company (“Dutton”) nu merous times and it failed to properly repair the vehicle, failed to tow the vehicle to its facility, and failed to provide Plaintiffs with a loaner vehicle. The complaint asse...

Excerpt: ...Factual and proc edural background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Direc tors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that...

Excerpt: ... staying with a large group at a vacation rental property owned and operated by Defendants Avantstay, Inc., Avantstay Real Estate, Inc., Avantstay California, Inc., Avantstay Brokerage and Sean Breuner (collectively “Avantstay” or “Defendants”). Plaintiff alleges that she was using the hot tub in the early hours of the morning. Plaintiff went to an unlit enclosure containing maintenance equipment, which was unlocked where she fell into a ...

Excerpt: ...hen he tripped over a tire stop, lost his balance, and fell forward down the stairs from the leasing office. He alleges Defendants, Fairfield Waterstone, LLC; and FF Properties II, LP knew or should have known of the dangers of inadequate lighting fixtures or illum ination because the lack of lighting was caused during/by a remodel of the leasing office. On 2/6/24, Plaintiff's motion for leave to amend the complaint was granted. Plaintiff file...

Excerpt: ...t the event, which altercation was followed by one of the males reentering the event area with a gun that ended in death of one attendee and shooting injuries of another attendee. On 2/27/19, Plaintiffs filed their Complaint against Defendants, alleging: (1) n egligence, (2) premises liability, (3) negligent hiring, retention, and supervision, (4) negligent infliction of emotional distress, and (5) wrongful death. Plaintiffs contend the only em...

Excerpt: ...e sole shareholder of Sportman's Bar, Inc. (“SBI”), which was the owner of the Sportman's Bar (“Bar”) in Corona, California. Plaintiff alleges that in April 2021, Martin caused SBI to transfer and assign all assets and interest in SBI to himself personally, to be transferred to Plaintiff upon his death. Melvin Vander Molen (“Vander Molen”) was employed by SBI as a bar manager. Vander Molen had no authority to make financial decisions...

Excerpt: ...480 E. 2nd Street, Beaumont, California. (UMF ## 3-4, 7, 14.) The facts herein are based upon the allegations of the Complaint and the undisputed facts reflected in Plaintiff's response to Defendant's Separate Statement of Undisputed Material Facts (“Separate Statement”). The incident occurred between 10 and 11 a.m., it was sunny outside, and Plaintiff was wearing sunglasses. (UMF ## 6, 18.) According to Plaintiff's deposition testimony, she...

Excerpt: ...erica, Inc. (“Volkswagen”) and SHAYCO, Inc. dba Ontario Volkswagen (together “Defendants”) for: (1) breach of express warranty in violation of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”); (2) violation of § 1793.2 of the Song Beverly Act; and ( 3) negligent repair. In his Complaint, he alleged that the 2021 Volkswagen ID.4 that he purchased on 9/18/22 had defects and nonconformities that substantially impaired its...

Excerpt: ...k directly next to the racetrack constitutes gross negligence. Additionally, there are triable issues as to whether this truck increased the inherent risks of go -kart racing for the purpose of the doctrine of primary assumption of risk. The motion for summary judgeme nt is granted as to American Indoor Speedway and Robert Peterson as there is no evidence that American Indoor Speedway or Robert Peterson owned, operated, managed or controlled the ...

Excerpt: ...n Devitt (“De cedent”) was admitted to Orange Treeidence Opco, LLC dba Riverwalk Post -Acute Care (“Riverwalk”) skilled nursing facility on 8/12/22, due to lower body weakness. It is alleged that due to said issues, she was dependent on Riverwalk, Providence Group of Sou thern California, LLC; Providence Group, Inc,; and Providence Administrative Consulting Services, Inc. (collectively “Facility Defendants”) for physical assistance wi...

Excerpt: ...) Kim dis missed her Complaint in this action. On 6/1/22, the Estate of Frances Marsh (Estate) dismissed its First Amended Joint Verified Cross -Complaint (the “FACC”). On 8/1/22, Kim along with Mark Wynne (Plaintiffs) filed the Complaint in Wynne v. Wynne, CVRI 2203209, against defendants James P. Wynne (James), Timothy P. Wynne (Timothy), and A. Scott Kalkwarf (Kalkwarf), the personal representative of the Estate, asserting claims based o...

Excerpt: ... was inoperabl e. Plaintiff alleges that the air conditioning in the truck did not work, Page 5 of 14 causing him to suffer during extreme temperatures. Plaintiff also alleges that he was denied meal and rest breaks and was forced to urinate in the truck. He claims that he was harassed after complaining to his supervisor about working the unsafe and unlawful working conditions. Plaintiff, who is Latino, alleges that CR&R provided better trucks to...

Excerpt: ...by Blue Cross of California (“Blue Cross”). Prior to having procedures performed, Plaintiff contacted PDS and Blue Cross and received information that Aquino had insurance coverage. Based on the information provided, Plaintiff provided services to Aquino. When it submitt ed claims to Blue Cross and PDS, it was reimbursed at a significantly lower rate. The operative Second Amended Complaint (“SAC”) asserts the following seven (7) causes o...

Excerpt: ... counsel at the hearing on this motion. Factual and procedural background: On 5/1/23, pedestrian, Pla Khang (“decedent”), was struck by Defendant Gabriel Guzman, during his employment with Defendant Rancho Ready Mix and died shortly after the collision. On 6/23/23, Plaintiffs, decedents children and step -children, filed their initial Complaint against the Defendants for Wrongful Death and Survival Damages. Plaintiff Pang Yang, seventy -four...

Excerpt: ...eclaration which complies with CRC Rule 3.1324. Plaintiff filed a declaration on 3/11/24. Problematically, as with the prior declarations and as pointed out by Defendants in their 3/20/24 and 3/24/24 oppositions, it still does not comply with CRC Rule 3.1324 as the decl aration does not discuss when the facts were discovered, why its necessary/proper and why the amendment was not made earlier. In addition, the proposed FAC attached to the curren...

Excerpt: ...e was wrongfully terminated for r aising workplace safety complaints and reporting safety issues to government authorities. On 10/4/23, Plaintiff filed his Complaint alleging the following causes of action: (1) Whistleblower Retaliation in Violation of § 1102.5; (2) Whistleblower Retaliat ion in Violation of § 6310; (3) Whistleblower Retaliation in Violation of § 6311; (4) Wrongful Termination in Violation of Public Policy; (5) Failure to Pro...

Excerpt: ...ee of the T rust. Therefore, Defendant, as successor trustee is not liable for Vander Molen's misconduct. On the Court's own motion, the Case Management Conference currently set for 5/7/24 is continued to 7/24/24 at 8:30 a.m., Department 5. Factual and procedural ba ckground: Plaintiff Michelle Stindtman as Personal Representative of the Estate of John Luther Martin (“Plaintiff”) alleges that John Luther Martin (“Martin”) was the sole sha...

Excerpt: ...�fth cause of action for fraudulent inducement – concealment, and a sixth cause of action against Defendant Gosch Ford (“Gosch”) for negligent repair. The Complaint alleges that on 1/17/23, Plaintiff purchased a 2023 Ford F- 150 (“Subject Vehicle” or the “Vehicle”). (Compl. ¶ 9.) It further alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but no...

Excerpt: ...ant City o f Riverside (the “City” or “Defendant”), alleging (1) premises liability (common law negligence) and (2) general negligence (against a public entity under Gov. Code § 835). On 9/13/2023, Plaintiff's counsel received a meet and confer letter from the Cit y, requesting clarification on Plaintiff's first cause of action based on common law and emphasizing that government tort liability is dependent on statute. (Id. at ¶ 6.) Wi...

Excerpt: ... six gen eral population inmates. Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22, and the ope...

Excerpt: ...t Agreement” (the “ Employment Agreement) (collectively the agreements are referred to herein as the “Agreements”). (Declaration of Stephen D. Weisskopf (“Weisskopf Decl.”) ¶ 5, Ex. C.) The Agreements govern the employment relationship between Plaintiff and theITSupportCent er and both contained a broad arbitration clause. (Weisskopf Decl., ¶4, Ex. B (Section 21) and ¶5, Ex C (Section 15).) Both of the agreements were signed by Pla...

Excerpt: ...a separate work phone, and he was never reimbursed. He alleges he was transferred from the juvenile and South County jail to the downtown jail facility as a Senior Institutional Nurse. Shortly after his transfer, on or around 11/4/22 Plaintiff discovered rampant ti mecard fraud. Plaintiff reported the fraud to Human Resources and they failed to take him seriously. Eventually, HR approved Plaintiff's request to conduct an investigation, which he p...

Excerpt: ...oe 1 in the c ity of Corona, where he was working as a construction worker. Plaintiff alleges that Defendant Robertson Ready Mix, Ltd. (“Defendant”) employed Doe 1 with foreknowledge that he was a dangerous person with a propensity towards violence. Plaintiff alleges th at Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. As a result, Plaintiff allegedly suffered injuries to...

Excerpt: ...nli Xu (“Plaintiff”) resides in China and has familial ties with defendants Shuxia Kang's (“Kang”), Guoning Li (“Li”) and Si Liu (“Si”)(collectively “Defendants”). Kang is the sister of Plaintiff's late husband. Kang and Li are married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, the parties discussed investing in real estate in the Un...

Excerpt: ...laint on 3/ 22/23 alleging two causes of action: 1) motor vehicle negligence; and, 2) general negligence. Defendant -in -Intervention, State Farm Mutual Automobile Insurance Company (State Farm), brings this motion for leave to intervene in this action as the commercial automobile insurer for Defendants, WE, S Corp dba Melissa Morgan Fine Art and Christopher Connelly (an employee), in order to dispute the issues of liability and damages against i...

Excerpt: ...nt agreed to provide additional funding subject to certain conditions. Ultimately, problems insured and Plaintiffs allege that Defendants failed to fund the construction loan, resulting in the project coming to a standstill. The complaint, filed on 6/23/23, showi ng Kevin Monson as attorney for Plaintiffs, and he is the attorney of record in this lawsuit, asserts (1) breach of contract; (2) promissory estoppel; (3) unfair business practices; and...

Excerpt: ...rmities during t he warranty period, including engine and body defects. On five occasions, Plaintiffs delivered the Subject Vehicles to authorized repair facilities, including Defendant Saul Chevrolet, Inc. dba Cardinaleway Volkswagen (“Cardinaleway”). Plaintiffs allege th at Defendants were unable to repair the defects, but refused to repurchase the Subject Vehicle in compliance with the Song Beverly Act. On 1/12/24, Plaintiffs filed their...

Excerpt: ...l responses from Plaintiff to form interrogatories and requests for production of documents. First Team contends that it served the discovery at issue on11/17/23. No responses have been provided. It seeks sanctions in the amount of $900.00 for each motion. In opposition, Plaintiff contends that the motions were filed before responses were due. They provided responses on 2/6/24. As such, these motions are moot. Plaintiff asserts that sanctions sh...

Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash filed by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash filed by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

Excerpt: ...ntiffs, tog ether with Defendants Walter Jones III (“Jones”) and Mark Douglas (“Douglas”), put together a business plan to form and operate Green America, Inc. In 2018, Douglas and Jones unilaterally converted Green America from a non- profit mutual benefit corporation to a general stock corporation by refiling a Restated Articles of Incorporation with the Secretary of State, which removed Plaintiffs from the business, divesting them o...

Excerpt: ... vehicle is equipped w ith a defective Hydra-Matic 8L90 transmission. (Id.) The vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty covering the engine and the transmission, and various emission warranties. (FAC, ¶ 9.) Before purchasin g the subject vehicle, Plaintiff communicated directly with a sales rep at Rotolo and specifically inquired about the transmission in the vehicle and whether any prior is...

Excerpt: ...ction ar ises out of a business deal between Plaintiffs JTLH Enterprises, LLC (“JTLH”); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, “Plaintiffs”) and numerous Defendants named in this case. Plaintiffs' action is based on seven causes of action as alleged in their Second Amended Complaint (“SAC”), which is the operative pleading: (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach of ...

Excerpt: ...rroneously named and served as County of Riverside Tax Assessor's Office (the “County”). Plaintiff alleges that on 2/10/23, he paid property tax on the property located at 850 North Florida Street, Banning, California (the “Property”) using the same tax basis his parents used based on his filing of form BOE -58 -AH, Reassessment Exclusion for Property Transfer Between a Parent and Child (“Reassessment Exclusion Claim”). (Complaint at...

Excerpt: ...99.58 reduced by $11,925 to $266,902.83 Item No. 11 (court reporter fees) is reserved for Plaintiff to provide evidence to support that it was necessary to expedite final transcripts. Hearing on this sole issue is set for 4/5/24 at 8:30 a.m., Department 5. Plaintiff to provide her Supplemental Declaration at least 16 court days Page 9 of 12 before the hearing and Defendant to provide a Supplemental Reply, if any, at least 5 court days before the...

Excerpt: ...Cotta Street in Lake Elsinore, for which they obtained a loan on 6/26/07 secured by a Deed of Trust (DOT.) The property also has a second mortgage for $50,000, which was recorded on 6/26/81. Plaintiffs allege that Defendant, PLM Lender Services, Inc. (PLM) is the c urrent servicer of the loan. PLM allegedly issued a Notice of Default (NOD) on 7/5/23. Plaintiffs had filed a Chapter 7 bankruptcy and allege that the second mortgage was included in ...

Excerpt: ...i and Si Li u and their agents, employees, officers, representatives, successors, partners, assigns, and those acting in concert or in participation with them, whether acting directly or through a corporation, subsidiary, division, or other device from: 1. Receiving, using, or transferring any funds resulting from the proceeds of any sale, including any foreclosure sales, (collectively, “Funds”) of the following properties: 6286 Nobury Ct., E...

Excerpt: ...r a total reduction of $10,186.63. Factual and procedural background: On 11/1/20, a vehicle driven by Plaintiff George Adams (“Plaintiff”) crashed into the rear of a parked vehicle owned and/or operated by Defendants Tom Chow and SPR Logistics, Inc. (“Defendants”). Plaintiff alleges that Defendants' vehicle was negligently parked so as to cause the accident. Plaintiff suffered personal injuries. On 6/22/21, Plaintiff filed his Complaint ...

Excerpt: ...y Wash Bri dge 560168R (bridge) in Whitewater. Plaintiff alleges that on 2/15/23, the premises were in a dangerous condition that created a substantial risk of the type of injury he sustained. Plaintiff alleges he was a passenger in a vehicle driven by Veronica Rivas , who was driving eastbound on I -10 when she hit a black object in her lane that she could not avoid. The black object was the bottom of an orange plastic traffic/construction drum ...

Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...

Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...

Excerpt: ...tes. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pr...

Excerpt: ...ited to the documents used in connection with Plaintiffs' claims; and Nos. 28, 32 -33, and 36, with the requests limited to documents used by GM to determine whether to make a prelitigation offer to repurchase Plaintiffs' vehicle, and what to include in that offer. De nied as to the remaining RFPs. Deny the request for sanctions. The documents are to be produced within 30 days of this order. Factual and procedural background: On 3/6/23, Plaintiff...

Excerpt: ...ently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs.” (Id.) Hearing on this matter is continued to 3/27/24 at 8:30 a.m., Dep artment 5 to allow Defendant to provide information to support his assertion that he is indigent. Factual and procedural background: This matter went to trial in July 2023....

Excerpt: ... acted as their agents. The Neros countered Ikonte's offer, which was accepted by Ikonte. Ikonte alleges that he was later notified by Hundal and First Team that the seller was backing out and accepting another offer. Ikonte demanded that the Neros perform under the agreement, they refused to do so. The complaint was filed on 12/23/20 and asserts the following causes of action: (1) specific performance for breach of contract, (2) damages for b...