Excerpt: ...termination. Plaintiff alleges that her termination occurred following an incident on 8/7/19, in which a bus driver employed by the District left a special education student unattended on a school bus. Plaintiff reported the incident to her direct supervisor, defendant Paula Ford (“Ford”) to inform her that she would be reporting the incident to the California Highway Patrol, as required by state law. Ford told plaintiff not to report the inc...

Excerpt: ...ction is barred by the applicable statute of limitations. Also discussed below, the third cause of action is barred by the four‐year applicable statute of limitations. The Magnuson‐Moss Warranty‐‐Federal Trade Commission Improvement Act “stand[s] or fall with his express and implied warranty claims under state law.” Clemens v. DaimlerChrysler Corp. (9th Cir. 2008) 534 F.3d 1017, 1022. The Request for Judicial Notice is denied as the d...

Excerpt: ...serts the following causes of action: (1) violation of subdivision (d) of Civil Code § 1793.2, (2) violation of subdivision (b) of Civil Code § 1793.2, (3) violation of subdivision (a)(3) of Civil Code § 1793.2, (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed four motions seeking to compel responses to special interrogatories, form interrogatories, and requests for production o...

Excerpt: ...morandum of Costs ( Exhibit B) on 8/8/22. Defendants now move to strike Plaintiffs' request for costs as untimely. Alternatively, to the extent the Court determines that Plaintiffs' requests for costs is timely, Defendants move to tax costs. Plaintiffs oppose the motion. Legal authorities and analysis: California Rules of Court (“CRC”), Rule 3.1700(a) provides as follows: A prevailing party who claims costs must serve and file a memorandum of...

Excerpt: ...hat it came with an express written warranty and during the warranty period the vehicle contained or developed defects, specifically with the suspension system, engine, transmission/mechanical system, anti‐locking brake system, and body system. (Comp. ¶¶10‐12.) Plaintiff filed the instant suit against Defendant GM on 8/25/21 alleging: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); (3) Violation of Civil Co...

Excerpt: ...ligence and (2) negligence. Plaintiff alleges that Dr. Cordero was negligent in evaluating and treating the decedent. Legal authorities and analysis: CCP § 437c(a) provides that “any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or there is no defense to the action or proceeding.” “The motion for summary judgment shall be granted if all the papers submitted show that there i...

Excerpt: ...Riverside, California (“subject property”). (Am. CrossComplaint ¶ 8.) On 8/18/20, Plaintiff, as subrogee of Kristopher Barker, filed its Complaint against King of Fans, Inc.; Air Vent, Inc.; Gibraltar Industries; DM (Asia), Ltd.; and Powermax Electric Co., Ltd., Guangdong (collectively, “Defendants”). In the Complaint, Plaintiff alleged that the subject property was damaged when a ventilation fan designed, manufactured, assembled, mercha...

Excerpt: ...ence and (2) negligence. Plaintiff alleges that Dr. Gorski was negligent during the consultation and surgery he performed on his wife (“Decedent”) on 2/5/20, as well as the handling of the postoperative care. Dr. Gorski now moves for summary judgment on both the first (medical negligence) and second (negligence) causes of action alleged against him. Legal authorities and analysis: CCP § 437c(a) provides that “any party may move for summary...

Excerpt: ...rson, who was admitted after a fall on 2/22/22 at Defendant Riverside Healthcare System, LP, which was operated/owned by Defendants Columbia Riverside, Inc. and HCA Healthcare, Inc. During her stay, she developed pressure sores and was left with inadequate hygiene due to chronic understaffing. On 5/19/22, Plaintiff filed her complaint for: (1) elder abuse; and (2) negligence. Plaintiff moves to compel further responses to form and special interro...

Excerpt: ...ering”) from 2014 through March 18, 2020, when he was terminated. Plaintiff alleges he worked on public works projects for Bogh Engineering. Plaintiff alleges that during his employment he was discriminated against and harassed as a result of his race/color/national origin and religion, and that on 3/22/20, he was assaulted and battered by his supervisor, John Robinson, then terminated on 3/24/20, because he complained of the physical assault a...

Excerpt: ...ing in Defendant's restaurant on 2/25/17 when she slipped and fell on the recently‐mopped floor by the buffet. Defendant's employee did not place any cones or signs around the mopped area to warn patrons of the wet floor. Plaintiff suffered injuries to her knee and lower back which required injections and the implantation of a spinal cord stimulator. Defendant Sapporo cross‐complained against Mobin and Parhnam Yashar, M.D., plaintiff's treati...

Excerpt: ...r day care provider and needed to come immediately. Plaintiff informed her supervisor and left early. Defendant terminated her on the next business day. The complaint, filed 7/13/22, asserts: (1) Labor Code §230.8; (2) California Family Medical Leave; (3) California Family Sick Leave; and (4) wrongful termination. Defendant demurs, or alternatively moves to strike, the 3rd cause of action based on the Healthy Workplaces, Healthy Families Act of ...

Excerpt: ...2/30/21, Plaintiff submitted a claim to the Better Business Bureau Autoline Program (BBB) for arbitration. On 3/18/22, the BBB agreed with Plaintiff that the vehicle was a lemon and ordered HMA to repurchase or replace the vehicle. On 3/24/22, Plaintiff accepted the restitution award issued by the BBB, but HMA has failed to comply with the BBB's order within 30 days of acceptance of the BBB's decision. (Civil Code § 1793.22(d)(3).) Plaintiff fil...

Excerpt: ...ses of the apartment complex due to Defendant's failure to properly maintain the property. The complaint contains two causes of action for negligence – one for premises liability and the other for general negligence. Defendant brings this motion seeking to compel further responses to special interrogatories nos. 5, 8, 22‐26, 32, and 36. It has failed to file a separate statement with this motion. It asserts that Plaintiff's responses to these...

Excerpt: ...ing (1) breach of written agreement, (2) breach of oral agreement, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud and deceit, (5) negligent misrepresentation, (6) intentional infliction of emotional distress, (7) unfair business practices, (8) breach of fiduciary duties, (9) false promise, (10) conversion, (11) promissory estoppel, and (12) declaratory and injunctive relief. On 6/17/22, Princess filed a Motion to Dis...

Excerpt: ...8 in favor of Walter Green that include but is not limited to the following: for partition by private; that Plaintiff and Defendant are holders of joint tenancy to the subject property; the appointment of referee for the purpose of selling the property pursuant to Code of Civil Procedure (CCP) §§ 873.650 – 873.680 and other applicable law; and retention of jurisdiction by the court. The referee marketed the property and has file a request to ...

Excerpt: ...omplaint set forth a single cause of action for negligence. On 5/17/22, the court sustained the City's demurrer with leave to amend, and Plaintiff filed the operative first amended complaint (“FAC”) on 6/6/22 against the City and against Officer Jorge Lopez and Captain Mike Kovaleff. Plaintiff, who owns a vacation home in the City of Palm Springs, alleges that in 2014, PSPD called to inform him of a special program for individuals with vacati...

Excerpt: ...pump) to control his pain. (Def.'s Separate Statement of Undisputed Material Facts [“DSSUMF”] ¶¶ 3–4.) On 7/6/17, Defendant implanted the pain pump in Plaintiff. Id. at ¶ 3.) After the implantation, Plaintiff overdosed on Dilantin. (Id. at ¶ 7.) On 8/2/17, Plaintiff returned to Dr. Khatibi and told him that he wanted the pain pump removed due to “PTSD” from his Dilantin overdose experience at the hospital. (Id.) The pain pump remova...

Excerpt: ...laintiffs are homeowners in the defendant Pinnacle Owners Association, Inc. (“Association”). The Second Amended Complaint (“SAC”), filed Page 5 of 6 on 12/3/19, alleges that defendant Skyline Development Co. (“Skyline”) became a member of the Association in April 2011 under a purchase agreement for the 9 remaining, undeveloped lots within the Association, which represents 75% of the total voting power of the Association's membership. ...

Excerpt: ...d without leave to amend. Plaintiff's evidentiary objections are sustained as to paragraphs 7, 16, 22, and 24 of Mr. Haskins' declaration since he fails to lay a proper foundation for many of these paragraphs and some of these paragraphs contain statements that constitute hearsay and overruled as to the remainder. Factual and procedural background: Plaintiff, Subsidiaria de San Timoteo, LLC's agent hired Defendant, National Paving Company, Inc. t...

Excerpt: ...ers, invoices, compensation, email, text, reports, payment logs, checks, statements and writing that relate, refer or pertain to any agreements with Sungistix dba Sun Shippers Distribution and the retention of Angel Vair Delagao‐Ramirez from 2015 to the present; and subject to counsel meeting and conferring to narrow the scope to documents that are relevant to plaintiffs' employment classification and who controlled what on the job site are pro...

Excerpt: ...�Heacock”) for three years. Law Offices of David Akintimoye, Inc. dissolved before the first lease expired. After this lease expired, Plaintiff renewed the lease four more times. The First Amended Complaint (FAC) asserts the following causes of action: (1) forcible entry under C.C.P. § 1159, (2) forcible detainer, (3) constructive eviction, (4) trespass, (5) premises liability, and (6) negligence. Heacock demurs to all causes of action on the ...

Excerpt: ...serts that due to a malfunctioning wooden entrance door, a glass wall near his office door broke. Heacock allegedly failed to replace this glass in a timely manner. Heacock also improperly entered Plaintiff's office space and stored large boxes inside its office without its permission. This allegedly prevented Plaintiff from using its office for its intended purpose. As such, Plaintiff contends that its lease was constructively terminated. Plaint...

Excerpt: ...nt (FAC) alleges causes of action for (1) breach of contract; (2) money had and received; (3) successor liability; (4) unjust enrichment and (5) breach of implied covenant of good faith and fair dealing. Plaintiff alleges that it and Defendant Magnolia Rehabilitation and Nursing Center (Magnolia SNF) entered into an agreement for Plaintiff would provide pharmaceutical goods in exchange for payment by Magnolia SNF. (FAC ¶ 15.) The FAC alleges Pla...

Excerpt: ...10/22 at 8:30 a.m. Department 5. Factual and procedural background: Plaintiff Kurt Gunther (“Gunther”) resides at property located at 2489 Madison Street in Riverside which was covered by a homeowners insurance policy provided by plaintiff State Farm Insurance Company (“State Farm”). On 7/10/21, a fire destroyed Gunther's personal property worth $329,019, including an RV, horse trailers, a flatbed trailer, a pickup truck, chain link fence...