Excerpt: ...cols. The request for an order compelling further responses to Request for Production of Documents is granted as to nos. 1 ‐ 12, 16 ‐ 23, 26 – 28, and 29 – 33 and denied as to nos. 34 – 37. The objections to these items are sustained except as to those stated on the basis of attorney client privilege and plaintiff is ordered to comply with CCP §2031.240 in making her further responses. The further responses are to be provided by Plaint...

Excerpt: ...s not discovered and asserted earlier. The plaintiff has complied with the statute and shown good cause for amending. Legal authorities and analysis: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” (CCP §473(a); §576.).) “If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally, granted.” (Mabie...

Excerpt: ...ice is granted pursuant to Evidence Code §452(c). Court is permitted to take judicial notice of recorded documents. (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264‐266.) Factual and procedural background: Plaintiffs, allege that on 1/16/21, they entered into a written contract with Defendant, Oscar Sanson De Jesus Abundio, relating to real property located at 27200 Nuevo Road in Perris. Plaintiffs agreed to pay $42,000 to...

Excerpt: ...Defendant breached the lease by failing to pay the rent. On 6/25/21, Plaintiff Los Portales Associates LP filed this complaint against Defendant Fitness International, LLC for: (1) rent and damages (Civil Code §1951.4) and (2) rescission based on fraud and failure of consideration (Civil Code §1689(b)(1)‐ (2)). On 8/11/21, Defendant filed a cross‐complaint against Plaintiff. After the court sustained the demurrer as to the 1st‐5th causes ...

Excerpt: ... was employed by defendant J and S Hospitality, Inc. dba Best Western Plus Palm Desert Resort (“Best Western”) located in Palm Springs since 2010 and was terminated on 2020 for no stated reason. Plaintiff alleges he was initially hired as a Hotel Auditor and reclassified as a Hotel Manager in 2016, but that during the years he was employed his compensation was consistently less than younger employees and that even though he received promotion...

Excerpt: ...on that the matter judicially noticed must be relevant [Citations]….” (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063, disapproved on other grounds by In re Tobacco Cases II (2008) 41 Cal.4th 1257.) Factual and procedural background: On 1/20/21, Plaintiffs filed the instant action alleging two causes of action for intentional interference with actual and prospective contracts against the California Division of the State Arch...

Excerpt: ...rongful constructive termination in January 2020. Plaintiff suffered from anxiety, depression, and associated conditions. Plaintiff alleges Defendants did not keep adequate time records, did not pay Plaintiff for overtime work, falsified paychecks, did not provide plaintiff with rest periods and breaks, failed to protect plaintiff against a violent resident in the group home, failed to accommodate plaintiff's disabilities, and retaliated against ...

Excerpt: ...leging 14 separate causes of action concerning the sale of a diesel truck that was subject to retrofit laws under California Code of Regulation. (Complaint (Compl.) ¶ 9.) Plaintiff alleges that on 3/25/19, he purchased a diesel truck from defendants to use as a lunch truck. (Id. at ¶¶ 9–10.) He alleges that, despite the regulation specifically directing the seller to inform the buyer of the need to retrofit a diesel engine, Defendant intenti...

Excerpt: ...egion of California and to only those defects at issue in Plaintiffs' vehicle regarding the powertrain system. Plaintiff is to provide a proposed order. Factual and procedural issues: Plaintiffs purchased a 2020 Volkswagen Jetta, manufactured by Volkswagen Group of America, Inc. (“Defendant”). They contend the vehicle has serious defects and nonconformities. Specifically, the vehicle has defects to the engine, emission system, lighting system...

Excerpt: ...cionable nor substantively unconscionable. Factual and procedural background: On 1/14/16, Plaintiff began his employment with Defendant, DS Services of America, Inc. (DS Services). as a route sales driver. Plaintiff's employment ended in April, 2019. In the Complaint filed on 5/21/21, Plaintiff alleges that Defendant made him work an unsafe route and then retaliated against him for complaining. He also complains defendant failed to allow him to t...

Excerpt: ...juries and damages claimed. 2. With respect to the requested employment records, Defendant has failed to demonstrate good cause and relevancy to overcome Plaintiff's right to privacy. 3. The Court finds that Defendant's request for ten years of Plaintiff's financial records is overbroad and production is limited to financial records sufficient to support Plaintiff's lost income and earning capacity claims from May, 2019, the retirement to the pre...

Excerpt: ... 560 S. Indian Canyon Drive (“subject property”). They agreed to split all costs associated with the property, including the 20% down payment that was due at purchase. While in escrow, Baskaron asked if the property could be put in the name of defendant St. Paul Trading, LLC (St. Paul”) temporarily for tax purposes. Plaintiff alleges that he and John agreed to this request. Two years later, Plaintiff alleges he discovered that Baskaron had ...

Excerpt: ... X 2 + $60 filing fee), which amount the court finds reasonable. A portion of the contents in this ruling also applies also to Tentative Rulings Nos. 3 and 4 below. The court exercises its discretion to consider the late filed Opposition and Reply as permitted by Kapitanski v. Von's Grocery Store (1983) 146 Cal. App. 3d 29, 32. It is noted that the Reply addresses the contentions made in the Opposition. Factual and procedural background: Plaintif...

Excerpt: ...s statements are not admitted here for the truth of those statements regarding whether plaintiff caused the computer crash, but Angulo's reliance on such statements. Plaintiff's Request for Judicial Notice: Denied. As to Nos. 1 and 2, the requested documents are not material to the court's ruling. As to the court's ruling on the prior summary judgment brought by the County, that motion concerned a cross‐ complaint brought by Angulo for the Coun...

Excerpt: ...wn a percentage of the real property. There are complaints filed in case number CVRI 2103844 and of course this matter. The stipulation of the parties to consolidate the cases has been approved. Legal authorities and analysis: The right to a partition is determined at trial. (CCP § 872.710(a).) “No partition can be had until the interests of all the parties have been ascertained and settled by a trial.” (Bacon v. Wahrhaftig (1950) 97 Cal.App...

Excerpt: ...Luckey alleges he was employed as an Office Assistant II by Defendant County of Riverside from 1/13/16 through 6/1/17. Plaintiff alleges he suffered from discriminatory treatment because he was homosexual and Defendant failed to accommodate and retaliated against him. Plaintiff seeks recovery of damages including damages attributed to past and continuing mental and emotional distress. By this Motion, Defendant moves to compel Plaintiff to attend ...

Excerpt: ...e §1689(b)(1)‐ (2)). On 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20, Defendant breached the lease by failing to pay the rent. On 8/11/21, Defendant filed its Answer and Affirmative Defenses to Unverified Complaint for Damages. Additionally, it filed a cross‐complaint against Plaintiff for: (1) breach of written contract—force majeure; (2) breach of written co...

Excerpt: ...eges she is the cousin and heir to decedent Anna Irene Kincaid (“Anna”), who died on 6/17/19 at the age of 85. Plaintiff alleges that Anna's neighbors, defendants Terry Baker and Victoria Baker (the “Bakers” or “Defendants”) unduly influenced Anna while she was suffering from terminal breast cancer and while she was in hospice. Plaintiff alleges the Bakers had Anna transfer title to her home in Sun City (“Sun City property”), subs...

Excerpt: ... “GM”). McNamara alleges that the subject vehicle has unrepairable defects related to the transmission. GM allegedly knew about the transmission defect before McNamara purchased the subject vehicle, yet failed to disclose the defect. McNamara alleges the vehicle was presented to GM's authorized repair facility multiple times, but GM was unable to repair the defects. The complaint was filed on 9/21/21 alleges the following causes of action: 1....

Excerpt: ...ave to amend as to each of the individual defendants. Factual and procedural background: This is an employment discrimination case. Plaintiff Sara Zarei alleges she was employed as a resident physician at Riverside Community Hospital (the “Hospital”) in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plaintiff alleges the defendants discriminated against her based on age, sex, national original, r...

Excerpt: ...ies are to file their response to the Complaint within 20 days of the date of this order. The Case Management Conference is continued to 3/17/22 at 8:30 a.m., Department 5. Factual and procedural background: Plaintiff Sara Zarei alleges she was employed as a physician at Riverside Community Hospital owned and operated by defendants, including moving defendants from 7/1/19 to 3/19/21, when she was terminated from her employment. Plaintiff filed he...

Excerpt: ...Riverside and numerous named employees of the Sheriff's Department over his confinement at the Larson Justice Center in Indio. The Complaint was filed on 7/6/20, and on 2/4/21, the summons was issued. On 5/13/21, Plaintiff filed a Motion Requesting Order Granting Default Judgment against Defendants. Defendants answered on 5/25/21 and on 6/4/21, they filed a demurrer. The Motion Requesting Order Granting Default Judgment against Defendants was den...

Excerpt: ... pursuant to CCP § 36. By reason of General Order No. 2022‐9, jury trials have been suspended through 1/28/22. At the hearing of 1/5/22, the parties and court discussed the General Order. Plaintiffs' counsel indicated that Plaintiffs would not waive any time. It was also discussed at the hearing that to remain within the statutory time, that it appeared, since the Court does trial call on Fridays, that the Friday, following the ending of the s...

Excerpt: ... issue of material fact exists as to whether a reasonable jury could find his evidence to be clear and convincing proof of malice, fraud or oppression. Factual and procedural background: On August 22, 2017, around 6:30 p.m., Defendant Kiser, who was driving a Ford F250 owned by his employer Defendant Bigge, crossed over the center line onto the traffic traveling in the opposite direction and struck Plaintiff Powers who was on his motorcycle, alon...

Excerpt: ...sustained injuries as a result of the accident. On 2/25/21, Plaintiff filed her Complaint stating causes of action for: (1) Motor Vehicle; and (2) General Negligence. Plaintiff now moves to file a First Amended Complaint (FAC) to add a claim for punitive damages. Plaintiff argues that during discovery she learned that Defendant was intoxicated at the time of the collision and that he fled the scene after physically and verbally assaulting her. Pl...

Excerpt: ...tial capital contribution of $2,000,000 into a cannabis business, which funds were to be used towards the construction and improvement of a commercial property located at 480 Third Street, Lake Elsinore, California 92530 (“Subject Property”), out of which the parties would operate their business. The First Amended Complaint (FAC) alleges causes of action for (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach...

Excerpt: ...ined as to Nos. 1 ‐ 4 and overruled as to the remainder. Factual and Procedural Background: Plaintiff Robert Saint (“Plaintiff”) was hired by Defendant Laboratory Corporation of America (“LCA”) in December, 2013, as a Senior Marketing Executive. Plaintiff alleged that his supervisor, Defendant Ted Turnure (“Turnure”) made repeated harassing age‐related comments. Plaintiff asserts that, in November, 2017, he made complaints about t...

Excerpt: ...Kitchen (Raincross). Plaintiff filed the Complaint on June 1, 2020, alleging 1) failure to properly select, train, supervise; 2) intentional tort – assault; 3) negligence; and 4) assault and battery. Kauvaka filed the Answer on June 11, 2021. On July 29, 2021, Raincross filed a Cross‐Complaint against Pixels Video Bar, Chad Norton and Micah Herrera for 1) equitable indemnity; 2) contribution; 3) declaratory relief; and 4) negligence. Kauvaka ...

Excerpt: ...amed a variety of defendants claiming they have interfered with his ability to operate the trailer park and conspired with residents of PMV to deny Plaintiff relief while continuing to occupy PMV. Plaintiff further alleges some wrongful conduct in an administrative proceeding related to operation of PMV. Plaintiff contends that this is part of an agenda to gentrify the city. Plaintiff filed this action on 6/29/16. The Fourth Amended Complaint (4A...

Excerpt: ...nted twenty days leave to amend. Defendant/Cross‐Complainant Sapporo Seafood, Inc. filed the operative second amended crosscomplaint (SACC) alleging (1) equitable indemnity; (2) contribution; (3) apportionment of fault; and (4) declaratory relief against Defendants Mobin, M.D. and Yashar, M.D. Sapporo alleges that Defendants Mobin and Yashar treated Plaintiff Oliva negligently as the spinal cord stimulator should not have been implanted. Cross�...

Excerpt: ...d and distributed by defendant General Motors LLC (“GM”). Plaintiffs allege they regularly serviced the vehicle, including regular oil changes. On 6/25/18, the engine failed while Plaintiffs were on the freeway. Plaintiffs had the vehicle towed to Moss Bros, who refused to perform engine repairs under warranty and charged Plaintiffs for the assessment. Plaintiffs allege the vehicle was sold with a manufacturing defect which made the engine su...

Excerpt: ...wenty days leave to amend. Defendant/Cross‐Complainant Sapporo Seafood, Inc. filed the operative second amended crosscomplaint (SACC) alleging (1) equitable indemnity; (2) contribution; (3) apportionment of fault; and (4) declaratory relief against Defendants Mobin, M.D. and Yashar, M.D. Sapporo alleges that Defendants Mobin and Yashar treated Plaintiff Oliva negligently as the spinal cord stimulator should not have been implanted. Page 6 of 8 ...

Excerpt: ...der on 4/26/21, which included as an attachment the Notice of Judgment or Order that had been filed on 4/22/21. Plaintiff then filed a Motion to Dismiss Defendant's Memorandum of Costs; Request to Charge Defendant and His Counsel for False Memorandum of Costs and for New Fraud Actions (Motion to Dismiss), which the court treated as a motion strike or tax costs. The motion was heard on 8/24/21, with the court ruling that only the travel costs of $...

Excerpt: ...terrogatories”) and Requests for Production, Set Three (“RFP”) to Diana Ebers. (Ebers) On 10/13/21, Diana served unverified, objections‐only responses. Counsel for Festive sent two meet and confer letters and allegedly spoke with Plaintiffs' counsel concerning discovery matters, including the Interrogatory and RFP responses. Festive now separately moves to compel further responses to the Interrogatories and RFPs. Festive argues that the u...

Excerpt: ...ccepted Plaintiffs' CCP §998 offer to compromise in the amount of $50,000 plus attorney's fees, costs and expenses. The parties agreed Plaintiff would be the prevailing party for purposes of the fee/cost motion. The settlement included full restitution of payments made on Plaintiffs' defective vehicle, incidental and consequential damages and civil penalties. Plaintiffs bring the instant motion for attorney fees and seek $41,250 in lodestar fees...

Excerpt: ...tained County's demurrer again. Plaintiff then filed the Third Amended Complaint (TAC) on 7/24/20. The TAC asserts: (1) – (5) violation of FEHA; and (6) violation of Labor Code §98.6 and 1102.5. On 6/11/21, the court granted County's MSJ, of which Plaintiff is appealing. On 10/13/21, County filed a memorandum of costs for deposition costs and service of process costs totaling $15,880.14. Plaintiff moves to tax the costs. She contends that the ...

Excerpt: ...�) alleges that on 8/11/17, she began working as an Outreach Coordinator for defendants Grid Alternatives and Grid Alternatives Inland Empire, Inc. (“Defendants”). (Complaint, ¶ 8.) On 2/15/18, she was promoted to Customer Care Specialist, and worked remotely 80 to 90% of the time, coming into the office once a week. (Id., ¶¶ 10‐13.) Plaintiff went on maternity leave from 1/17/19 to 5/20/19. Prior to returning to work, Plaintiff requeste...

Excerpt: ...ibes the facts and procedural background and is incorporated here by reference. Defendants brought an Anti‐SLAPP motion arguing that Plaintiff's claims arose from Defendants' protected activity including conduct at public forums related to matters of public interest. The court found that Defendants met their initial burden on the first prong under CCP §425.16 as to all causes of action. Plaintiff then demonstrated a probability of prevailing o...

Excerpt: ...efendants McCoy, Pacheco and Robinson represented to Plaintiffs that Defendants Lynn Dyami and Darren Vaught (who were also represented by McCoy, Robinson and Coldwell) were making an offer and that an earnest money deposit was received. Defendants advised Plaintiffs that they needed to move out of the property within 14 days and that escrow would close upon all contingencies being removed. Plaintiffs did in fact move out within 14 days and repai...

Excerpt: ...§ 435, 436; Govt. Code § 818.) Defendants argue that despite Plaintiff's position, Govt. Code §8547.13(e) provides specific definitions that demonstrate public entities were not intended to be included in the group in which punitive damages are authorized; that there is no authority to construe § 8547.13(e) as a statutory exception to punitive damages immunity for public entities; and, that Govt. Code § 815.2(a) does not apply since Plaintif...

Excerpt: ...train warranty, which covers the engine and transmission. Plaintiff alleges that the subject vehicle contained or developed numerous defects and nonconformities. Plaintiff delivered the vehicle to authorized repair agents, but FCA failed to cure the defects. FCA refused to repurchase or replace the subject vehicle. On 6/29/21, Plaintiff filed her Complaint asserting causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of ...

Excerpt: ...causes of action for elder financial abuse, intentional misrepresentation and conversion. Plaintiff, the cousin and heir to decedent Anna Irene Kincaid (“Anna”), alleges that Anna's neighbors, defendants Terry Baker (“Terry”) and Victoria Baker (together, the “Bakers”) unduly influenced Anna while she was suffering from terminal breast cancer and in hospice. Plaintiff alleges that the Bakers had Anna transfer title to her home in Sun ...

Excerpt: ...) when it was involved in a single vehicle rollover incident at the Lake Elsinore Motorsports Park. The Maverick belonged to a third party who purchased it from Defendant Temecula Motorsports. Defendant, Bombardier Recreational Products, Inc., is the manufacturer of the subject vehicle at issue, a 2017 Can‐Am Maverick X3. Plaintiff alleges that, while wearing a helmet, during the rollover, his head was struck as the Maverick's cab frame deforme...

Excerpt: ...that an employee who had tested positive for COVID had exposed several people in the office and some patients as the employee continued to work in the office for four days with symptoms. Plaintiff alleges that Defendant had done nothing to make the workplace safe nor had it warned her or any of the patients. On 7/10/20 she made a complaint to Riverside County Public Health office and to OSHA. On that same day, Plaintiff developed COVID symptoms a...

Excerpt: ... (“Plaintiff”) was hired by Defendant Laboratory Corporation of America (“LCA” or “Defendant”) in December of 2013 as a Senior Marketing Executive. Plaintiff alleged that his supervisor, Defendant Ted Turnure (“Turnure”) made repeated harassing age‐related comments and harassed Plaintiff. Plaintiff asserts that, in November 2017, he made complaints about the harassment. Plaintiff alleges that in January of 2018, he was terminate...

Excerpt: ...t Amended Complaint alleges the following: (1) Violation of Civil Code §1793.2(d); (2) Breach of Express Warranty Obligations; (3) Breach of Implied Warranty Obligations; (4) Violation of Consumer Legal Remedies Act (Civil Code §1750 et seq.) Defendants made Plaintiff a Section 998 offer to repurchase the vehicle for $260,000 on 9/29/21. Plaintiff accepted the offer and it was filed with the court on 10/14/21. Trial on the case had been set to ...

Excerpt: ...the issues of this motion. The complaint alleges a series of actions taken by Defendants which Plaintiffs claim are improper. It is necessary that a date certain or specific incident be defined. Further as the parties did not have a meaningful meet and confer, discussion of the issues could result in a resolution. It is the order of the court that moving party is to initiate the meet and confer and at least ten court days prior to the hearing, if...

Excerpt: ...ded with Plaintiff Poula Ghaly (“Plaintiff”) as he was walking on a public sidewalk. Plaintiff sustained serious injuries to his left upper extremity, left shoulder, left hip, cervical spine, and lumbar spine (“injured body parts”). On 3/16/21, Plaintiff filed his Complaint. He asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. On 9/10/21, Defendant served 17 subpoenas for medical and billing records to Plain...

Excerpt: ...tual and procedural background: The complaint alleges that Brandon had played for the Tampa Bay Devil Rays, but after one year in the minors he was injured and eventually failed a drug test and was released by the Rays. The complaint alleges that Brandon then returned to live with his parents, Michael and Melody Martin. After his return home the complaint alleges Page 5 of 12 that Brandon continued his use of illegal drugs that had begun when he ...

Excerpt: ...ark and conspired with residents of PMV to deny Plaintiff relief while continuing to occupy PMV. Plaintiff further alleges some wrongful conduct in an administrative proceeding related to operation of PMV. Plaintiff contends that this is part of an agenda to gentrify the city. Plaintiff filed this action on 6/29/16. The operative pleading is the Fourth Amended Complaint (4AC) filed on 10/9/20. The 4AC alleges causes of action for: (1) intentional...