Excerpt: ...5/22, the clerk entered Defendant's default at Plaintiff's request. On 10/25/22, the clerk entered Defendant's default judgment. Defendant moves to set aside entry of the default and default judgment. (CCP S 473.5.) Defendant declares she was never served with any documents regarding this case and Plaintiff knows where she lives and works in Tijuana and never tried to serve her at either place. Defendant states she became aware of the case and th...

Excerpt: ...auses of achons for, account stated, money had and received, recession, breach of contract, breach of fiduciary duty, fraud and declaratory relief. On 9/3/21 the Protective Order was signed by the Court. On 10/18/22 Plaintiff served a Request for Production of Documents (Set wo) to Full Spectrum Bottling. On 11/21/22, Defendant served its responses. Plaintiff was not satisfied with the response and sent a meet and confer email on 12/15/22. Defend...

Excerpt: ...each Defendant, who currently reside in Mexico City, Mexico and are Mexican citizens, by mail and acknowledgement of receipt of service. However, the person who signed the "Acknowledgement of Receipt" was the Plaintiff Patrick McNeal. Attached and marked as Exhibit A-C are conformed copies of the of service filed by Plaintiff Patrick McNeal. Either Plaintiff, who's a disbarred attorney, does not properly know when and how to use a Notice and Ackn...

Excerpt: ...d. On 8/19/2022, Plaintiff filed a Complaint against Defendant, alleging thirteen (13) causes of action arising out of Defendant's alleged employment discrimination. On 11/16/2022, Plaintiff propounded her first set of discovery on Defendant, including Requests for Production of Documents ("RFPs"). (Delvaux Decl. '1 2, Ex. A.) There are 75 requests in Plaintiff's RFPs. (Magana Decl. 3.) On 1/11/2023, Defendant provided responses, committing to pr...

Excerpt: ...ments exist as part of the court record or file, but not for the truth of the matter stated therein, unless the matters are indisputably true. (Evidence Code, S452(d); Sosinsky v. Grant (1992) 5 Cal.App.4th 1548, 1564-1569.) Factual and procedural background: Plaintiffs have brought this achon on behalf of themselves and derivatively on behalf of Green America, Inc., a cannabis dispensary business, against Defendants who have allegedly, wrongfull...

Excerpt: ...(2) Intentional Misrepresentation; (3) Negligent Misrepresentation; ) Breach of Contract; (5) Negligence. Named Defendants are Thomas Allen, Karen Kula-Garner; All California Brokerage lnc„ a corporation; and Merit Home Inspectors, a corporation. Defendant "Merit Home Inspectors, a corporation" was named and served as a corporation, but no such corporation exists. The only business done under the name "Merit Home Inspectors" is a sole proprieto...

Excerpt: ...int "1 15-18.) After a year and spending hundreds of thousands of dollars, the system did not work. (Complaint 27-46.) In the process of trying to fix the system, Defendants caused the battery backup system to spark which set fire to the storage shed containing hundreds of thousands of dollars of equipment. (Complaint 50-57.) Another contractor was hired to replace the system. This contractor informed Plaintiff that little of the original work do...

Excerpt: ...ling Act (l), (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder, and (5) breach of fiduciary duty (supplemental). Both and Gilbert have filed cross-complaints against the Association asserting claims for express indemnity and declaratory relief. Defendants move for an order striking the fifth cause of action of the Third Amended Complaint ("TAC") filed by Plaintiffs pursuant to the Anti-SL...

Excerpt: ... with Defendant/cross-complainant Brian Conway ("Conway"), in which Renova agreed to act as a direct contractor and furnish services, labor, and materials necessary to provide and install a solar energy system at Conway's home (the "subject property"). A dispute arose between the parties, in which Conway alleged that Renova was negligent in its work and damaged the subject property thereby. On 2/21/2020, Renova recorded a mechanic's lien on the s...

Excerpt: ...Defendant Meritage Homes of California, Inc. ("Meritage"), residential constructon projects. (ld. at 7.) Beginning in 2020, COVID-19 pandemic caused a drastic increase in material prices. (ld. at 9.) Due to the cost increase, McGee Contracting attempted to negotiate the contract price with Meritage, but failed. (ld. at "1 11—12.) McGee Contracting then notified Meritage that it could no longer meet its contractual obligations. (ld. at 14.) upon...

Excerpt: ...020 GMC Sierra 2500 manufactured and/or distributed by Defendant General Motors (GM). (Comp. '16.) Plaintiff received an express written warranty on the vehicle and alleges that the vehicle contained or developed defects during the warranty period, including defective door system, defective body system, defective interiors, defective electrical systems, and a defective air conditioning system. (Comp. 910 and 912.) Plaintiff filed the operative Co...

Excerpt: ...y Defendant GM. (Comp. 96.) Plaintiff received an express written warranty on the vehicle and alleges the vehicle contained or developed defects during the warranty including a defective engine. (Comp. "110-12.) Plaintiff filed the operative Complaint against GM on 10/12/22 alleging the followng: (1) Violation of Civil Code S1793.2(d); (2) Violation of Civil Cade 51793.2(b); (3) Violation of Civil Code (4) Breach of Express Written Warranty; and ...

Excerpt: ...f James Williams is deceased. Also undisputed that there has been no successor-ininterest pursuant to Code of Civil Procedure (CCP) S 337.32(a). Plaintiff's counsel has no client to represent in this action and thus no legal authority to file documents on behalf of plaintiff or represent plaintiff. Factual and procedural background: This is a personal injury case. Plaintiff James Williams Second Amended Complaint alleges 5 causes of action for 1)...

Excerpt: ...serts one cause of action for medical malpractice against the defendants. Her husband, Vegas Davis, has asserted a loss of consortium cause of action. Dr. Onyekwuluje ("Dr. O") moves for summary judgment on grounds that Plaintiffs' action for medical negligence and wrongful death against this defendant has no merit and fails to present any triable issues of material facts against this defendant. Plaintiffs' have failed to present any triable issu...

Excerpt: ...l Detainer Case" or "UD Case"). The UD Case was filed by Joice Motamedi and Joe Russo, defendants in the instant action, against Plaintiff Maria Marquez. Motamedi owns the commercial property located at 42030 Main Street, Unit A, Temecula. Russo assisted Motamedi as an informal property manager for Unit A. The UD Case arose out of Marquez's alleged illegal sub-tenancy with sub-lessor Shana Ackerman. In the UD Case, it was alleged that a Notice to...

Excerpt: ...y Mac dba Diamond Valley RV Resort (CVR12203692); (2) Kelly Shannon v. Kelly Mac dba Diamond Valley RV Resort (CVR12203879); and (3) Angela Butler v. Kelly Mac dba Diamond Valley RV Resort Both Plaintiff Perez and co-Defendant Cavco Industries, Inc. oppose the motion. Legal authorities and analysis: CCP S 1048(a) allows a court discretion to consolidate pending actions if they involve a common question of law or fact. This provision provides: "Wh...

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: ...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: ...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: ...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: ...tial and owned by Defendants. The County filed the Complaint on 3/15/22 for preliminary and permanent injunctive relief for abatement of a nuisance. The County filed proofs of service showing Defendants were personally served with the summons and complaint on 3/26/22. Defendants were given notice of ex parte hearing and they appeared on 4/27/22, at which time the Court granted the County's ex parte application for a TRO, ordering Defendants to ce...

Excerpt: ... 6/24/19 and 7/18/19, the defendants provided negligent care and treatment to Collins, who initially sought emergency care on 6/24/19 for multiple symptoms arising out of her pregnancy. The complaint sets forth causes of action for medical malpractice and loss of consortium. Dr. Basch now moves for summary judgment. Dr. Basch, who treated Collins after the delivery of a stillborn baby and whose treatment plan included continued administration of ...

Excerpt: ...Marilyn filed an Answer and CrossComplaint (“Marilyn XC”), and on 10/21/22, Frank filed an Answer and Cross-Complaint (“Frank XC”). Both cross-complaints are nearly identical with the exception of the third cause of action, as noted further below. Cross-complainants allege that Nanette and Brian Frasier (“Brian”) approached Marilyn on 8/12/20, after learning she intended to sell the subject property for $315,000. Nanette (a licensed r...

Excerpt: ...medi and Joe Russo, defendants in the instant action, against Plaintiff Maria Marquez. Motamedi owns the commercial property located at 42030 Main Street, Unit A, Temecula. Russo assisted Motamedi as an informal property manager for Unit A. The UD Case arose out of Marquez's alleged illegal sub-tenancy with sub-lessor Shana Ackerman. In the UD Case, it was alleged that a Notice to Terminate Tenancy had been served and Marquez had failed to vacate...