Excerpt: ...prings. Pursuant to the Option, Nanette had the option to purchase the subject property for $275,000 any time from 12/00/20 to 12/3121. On 12/28/21, Nanette issued a notice to extend the Lease to 4/30/22 and exercised the option to purchase the property. On 1/12/22, the parties executed the California Residential Purchase Agreement and Joint Escrow Instructons ("Purchase Agreement") and opened escrow with Nanette's deposit of $5,000. Shortly ther...

Excerpt: ...reement. Plaintiff is a surety, and this indemnification action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, (All In) a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. Plaintiff alleges that on 2/2/18, a Hold Harmless and Indemnity Agreement was made between Plaintiff and Defenda...

Excerpt: ... liable to Plaintiff for another student, Defendant Guadalupe A., harming her. The Complaint filed on 11/12/19 alleges two causes of action against the District for negligence and one cause of action for intentional tort against Guadalupe. District has submitted evidence that Plaintiff did not tell any District member about the incident when it occurred on 3/8/19. (UMF 6-8.) District also submits evidence that Plaintiff did not tell any staff mem...

Excerpt: ... claim to their insurer, State Farm General Insurance ("State Farm"), which acknowledged coverage. (ld. at 1, 3, 4.) State Farm then engaged numerous vendors to for repairs, including Plaintiff P.W. Stephens Environmental, Inc. ("PW. Stephens") and Cross-Defendant Nextgen Inc. dba Service Master Restoration ("Service Master"). (ld. at 5.) In January 2020, the Molinas entered into written agreements with P.W. Stephens for asbestos remediation and ...

Excerpt: ...UAL AND PROCEDURAL BACKGROUND, LEGAL AUTHORITIES AND ANALYSIS FOR ALL FOUR (4) MOTIONS IS SET FORTH IN THIS TENTATIVE. Factual and procedural background: This is a personal injury action. Plaintiff Kevin Matthew Myers alleges that on 11/12/19, he was driving on the 1-15 freeway in Corona when defendant Seth Joseph Winks ("Wnks") negligently operated an excavator, striking the overhead power cables causing them to fall onto Plaintiff's vehicle and...

Excerpt: ...e produce section of Defendants' retail store, she stepped on a grape which, to her, had fallen on the floor, causing her to lose her footing and fall hard to the floor, landing roughly on her posterior, with her right leg bent underneath her and her left leg extended. (Complaint, pg.4, 2.) Plaintiff alleges that she suffered various injuries to her left ankle, knee, and hip and was transported to the local emergency room. (ld. at 3.) On 12/19/22...

Excerpt: ...; lack of actual notce pursuant to CCP S 473.5(a)); and that the judgment is wid. The motion was also combined with Defendants' motion to quash service of summons. Based on evidence presented by both sides, the Court found Defendants did not make a sufficient showing justifying the requested reliefs. On 2/27/23, Defendants filed this motion, requesting that the Court vacate its 2/16/23 order denying their motion to set aside defaults. Defendants ...

Excerpt: ...ed to invest $250,000 into TruView. He signed a proposal and provided TruView with $250,000. TruView's attorneys were supposed to prepare additional documents regarding this agreement but these documents were never prepared. Fien contends that in exchange for his $250,000 investment, he was supposed to receive a 20% partnership interest in TruView and a seat on the Board of Directors. It was also agreed that the parties would possibly create two ...

Excerpt: ...injuries and sustain damages. Plaintiff filed his Complaint on 9/27/21 alleging two causes of action for motor vehicle and general negligence. Defendant, Grigor Minanian dba Grigor Transportation (Grigor), brings this motion for an order for terminating sanctions against Plaintiff for abandoning his case. (CCP S 2023.030(d), Grigor denies liability, which he claims is supported bythe Traffic Collision Report (TCR) made by the Riverside Police Dep...

Excerpt: .../17/22, Plaintiffs Brandon Michael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Construction LLC and Jorge Humberto Quezado, alleging negligence and loss of consortium. After the Court granted leave to amend, Plaintiff filed the First Amended Complaint ("FAC") on 2/7/22 adding a claim for vicarious liability. Defendants now demur to the third cause of action for vicarious liability fo...

Excerpt: ...ning of CCP S 425.15(c)(1). Objections to the Declaration of Rick M. Martn are sustained and the Court declines to rule on the remainder of the objections by both parties. Factual and procedural background: Plaintiff Noemi Diaz ("Diaz") was employed by Defendant Taqueria La Tapia LLC ("Taqueria") from August 2018 to August 7, 2019 as a server. During that time, she alleges she was subjected to sexual harassment by Taqueria's Chief Executive Offic...

Excerpt: ...nesses were operated during the marriage and the community and separate interests in the businesses are to determined by the Family Law Court. Plaintiffs allege Defendant was employed by them in an administrative capacity, that she was issued corporate credit cards and made over in personal, unauthorized charges. On 1/3/23) Breach of Fiduciary Duty. Defendant now demurs to the complaint on the ground this matter stems from the dissolution action ...

Excerpt: ...intiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, 9, 18, 23-24.) Plaintiff filed her Complaint on 4/7/22, against defendant Nissan North America, Inc. ("NNA"). The Complaint sets forth three causes of action: (1) Violation of the Song Beverly...

Excerpt: ...rious transmission defects that Defendant was aware of and failed to disclose. (Complaint 10-59.) Plaintiffs provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle.(Complaint '1 52-66, 79.) Plaintiffs filed the Complaint on 11/15/22 asserting causes of action for violations of Song-Beverly Act, breach of express and implied warranties and fraudulent inducement- concealment. Defendant demurs to the fra...

Excerpt: ...erved objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demanding code compliant verified further responses. (ld., '1 7.) After obtaining another two-week extension, Plaintiff served verified responses on August 9, 2022 and produced 13 pages of Bates labeled documents. (ld., 11-12, Exh. 3.) On August 26, 2022, Tilt met and conferred as to the substantive responses and requested further code compliant verified furth...

Excerpt: ...ed Plaintiff's gun safe in a Toyota and Plaintiff called the police. The suspects, Defendants Nicholas Almejo, Mahmoud Salah, Mataeo Waring, Darrell Skakhan Hollawayne, and Darrell Skakhan Hollawayne, Jr., were ultimately located, his property was recovered, and Almejo and Waring were criminally charged. On 11/9/22, Plaintiff filed his complaint alleging the follow-ng causes of action: 1) conversion; 2) trespass to chattel; 3) trespass to land; 4...

Excerpt: ...47 ($175 hr. X 3.5 + $450 X 1.5 + $50). Factual and procedural background: This is a lemon-law acton under the Song-Beverly Consumer Warranty Act. Plaintiffs allege that the 2018 Chevrolet Silverado they purchased on 6/6/19 was delivered on several occasions for repair of certain nonconformities. (Complaint, "1 15, 17-18.) Further that Defendant GM failed to conform the vehicle to the applicable warranties, and failed to either replace the vehicl...

Excerpt: ...ed Complaint (FAC) on the grounds it fails to state fact sufficient to constitute a cause of achon and is uncertain. (CCP S 430.10(e) & They argue the FAC is based on eight legal matters they represented Plaintiffs in, but as to six of the matters there are insufficient allegations regarding showing breach and causation. Plaintiffs oppose and argue a demurrer to a part of a cause of action is not proper. They argue they allege eight separate lega...

Excerpt: ...kground: Plaintiff alleges that she moved into Defendant Diamond Valley 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 8ijah (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 ...

Excerpt: ...Inc. ("Tilt"), which was signed by Tilt's CEO, Defendant Scott Hayek ("Scott"). Plaintiff asserts that Defendant Kelly Hayek ("Kelly") is an officer or director of Tilt. Plaintiff alleges that Tilt hired its own subcontractors, including Defendants Platinum Concrete ("Platinum") and Estrella Construction, LLC ("Estrella"), which are allegedly the same company as Tilt. Tilt also hired Defendant HCH Construction ("HCH"). Plaintiff alleges that Tilt...

Excerpt: ... $228,753.07 to Defendant. Factual and procedural background: his is a partition action and dispute over commercial property. The subject property is a multi-tenant commercial property containing a series of separate buildings located at the street addresses of 4154 to 5198 Etiwanda Avenue in Jurupa Valley ("subject property"). The plaintiffs, who are married and the defendants Gloria H. Lozano (Lozano) and Sergio F. Gonzalez (formerly married) a...

Excerpt: ...ac) for negligence, strict liability, breach of warranty, breach of implied warranty of merchantability and fitness, and unjust enrichment. (CCP S Plaintiff asserts that this motion is timely, and there will be no prejudice to Kelly Mac from the proposed amendment, which is primarily intended to add or alter legal theories based on facts already pleaded. Defendant, Kelly Mac, opposes the motion arguing that Plaintiff unreasonably delayed this mot...

Excerpt: ...f consideration (Civil Code S1689(b)(1) - (2)). On 5/13/15, Los Portales' predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Fitness. On 4/6/20, Fitness breached the lease by failing to pay the rent. On 8/11/21, Fitness filed a cross-complaint against Portales. After the court sustained demurrers as to the 1st-5th causes of action, on 3/7/22, Fitness filed the Second Amended Cross- Complaint (SACC) for: (1) breach...

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: ...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: ...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: ... of a 2021 Hyundai Santa Fe (the “Vehicle”), sets forth causes of action for violations of the Song- Beverly Consumer Warranty Act. Defendant now moves to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract (“RISC”). Defendant argues that although it is not a signatory to the RISC, it may invoke the RISC's arbitration provision under the doctrine of equitable estoppel because the claims against Defendant a...

Excerpt: ...llowing 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 incident until she had sought advice from the District's lawyer. F...

Excerpt: ...cl. ¶ 4.) The vehicle was presented to FCA's authorized dealerships on numerous occasions but they were unable to repair the vehicle within a reasonable number of attempts. (Compl. ¶¶ 14–15.) Plaintiff alleges that FCA knew that the vehicle suffered from the prevalent defects, but nevertheless failed to repurchase the vehicle in violation of the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”). (Id. at ¶ 33.) On 2/22/2022, Plaint...

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...

Excerpt: ...round: Plaintiff alleges that Defendant Laticia K. Brown's vehicle (“Laticia”) rear-ended Plaintiff Karen Stewart's (“Plaintiff”) vehicle. On 11/22/2021, Plaintiff filed a Complaint for Damages against Defendants Laticia, Korey Brown, Cheryl Lynn Rocio, and Ean Holdings, LLC. At the time of the collision, Laticia's vehicle was insured through State Farm and also through Aspire General. On 4/25/2022, Plaintiff served upon Laticia her first...

Excerpt: ...t. Furthermore, because the policies and procedures involve confidential information and trade secrets, the parties are ordered to meet and confer regarding a protective order. Denied as no further responses are required for RFP Nos. 16, 20, 32, 37, 38, 39, 40, 41, 42, 43, 45 and 46. Factual and procedural background: On 6/9/19, Plaintiffs, purchased a 2018 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured and/or distribute...

Excerpt: ...ng her vehicle southbound on Knabe Road, north of While Sage Street. Her sister, Safa Azmi Hweidi (“Safa”), was a passenger in the vehicle. It was raining heavily that day and an unsafe amount of water had built up on the roadway. Decedent lost control of her vehicle and collided with a boulder and tree. Decedent was fatally injured and Safa suffered severe injuries. Raedah N. Saheh (Raedah) and Azmi Abdel Hafeeth Ali (Ali) are Decedent's suc...

Excerpt: ...la, California. Plaintiff agreed to sell the property for $2.5 million. Plaintiff's mortgage had an outstanding balance of $1,185,000, meaning Plaintiff had $1,315,000 in equity. The buyers agreed to pay $1,350,000 in cash at the close of escrow and the remaining $1,150,000 in six months. Plaintiff agreed to carry back the $1,150,000 on a promissory note secured by the property with six monthly interest payments, with the note to be paid off in f...

Excerpt: ...icial notice of Plaintiffs Government Claims, in order to establish the truth of the attached police reports. However, it is improper to take judicial notice of a police report. (Petricka v. Department of Motor Vehicles (2001) 89 Cal.App.4th 1341, 1345 n.1.) Factual and procedural background: On 2/25/22, Defendant Mark Anthony Buelna (“Deputy Buelna”), a Deputy with Defendant County of Riverside (“County”) (collectively “Defendants”),...

Excerpt: ...complaint to Hussam . Defendants did not file a response to the Complaint, and their defaults were entered on 12/22/20. On 12/10/21, Plaintiff filed its First Amended Complaint (FAC) for breach of lease and guaranty. The FAC named as defendants Poke-Ria, Inc., Hussam and Chade Joher (Chade). Based on the POS filed in this case on 2/16/22, 3/29/22, and 4/12/22, Defendants were served with the summons and FAC by substituted service. Specifically, C...

Excerpt: ... background: Plaintiff Calvary Church of God in Christ (“Plaintiff” or the “Church”) is a nonprofit religious corporation and operates a church that was led by Pastor Lucious Jones (the “Pastor”) until his death in October 2018. Shortly before his death, the Pastor transferred all of the Church's real properties and two of the Pastor's real properties to defendant CO.TE.EN Corp. (“CO.TE.EN”) dba Three Desert Streams, which is owne...

Excerpt: .../19 and the operative second amended complaint (“SAC”) on 1/14/21, against defendant's Jim Yueh Hsieh (“Hsieh”), Ying Zhang (“Zhang”), Tsuichen Chu (“Chu”), Wu Yuan Hsieh (“Wu Yuan”), Helen Pei-Lun Hsieh (“Helen”), George Wei (“Wei”) and Cindy Yeh (“Yeh”). Plaintiffs are in the business of purchasing scrap plastics and metal and exporting the material to Asia for further processing and recycling. Hsieh, Wei and non...

Excerpt: ...eous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under the auto policy issued by National General Insurance Company (“National”). State Farm partially paid...

Excerpt: ...21, a fire destroyed their personal property, including a pickup truck, trailers, fences and miscellaneous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under 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: ...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: ...es, a plaintiff must plead allegations of fraud, malice, or oppression with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations ma...

Excerpt: ...floor, sustaining injuries. (Compl. 5.) On 4/14/2021, Plaintiff served Defendant with his first set of Requests for Production of Documents (“RFPs”). (Martirosyan Decl. ¶ 2, Ex. A.) On 6/18/2021, Defendant served its responses, objecting to the requests. Notwithstanding its objections, Defendant agreed to produce the following: “its relevant Standard Operating Procedures regarding store security,” in response to RFP Nos. 8, 9, 11, 12, 16...

Excerpt: ...ide. On 8/17/22, Plaintiffs Brandon Michael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Construction LLC and Jorge Humberto Quezado. The Complaint contains causes of action for 1) negligence asserted by Brandon Clemison and 2) negligence (loss of consortium) asserted by his wife Lauren Clemison. Plaintiffs seeks to add the third cause of action for vicarious liability to “protect t...

Excerpt: ...vide the supplemental responses within 10 days of this order. The request for sanctions is denied. Factual and procedural background: On 3/14/21, Plaintiff purchased a 2020 Chevrolet Traverse (“Subject Vehicle”), which was manufactured and/or distributed by Defendant General Motors, LLC (“Defendant”). In connection with the purchase, Plaintiff received various express warranties. Plaintiff alleges that several defects arose during the war...

Excerpt: ...Interrogatories: granted as to Nos. 7, 8, 12, 13, 14. As to Request for Production of Documents: denied as overbroad 10l, 11, 12, 13, 14 (also vague and ambiguous), 15, 16, 19. Given the mixed results, the request of each party for sanctions, is denied. Factual and procedural background: Plaintiff alleges that he suffered injury when he was hit on his bicycle by Defendant Juan Mancilla while in the course and scope of his employment with Defendan...

Excerpt: ...2) Violation of Song‐Beverly Act – Breach of Implied Warranty (against BMW NA); and (3) Violation of Song‐Beverly Act, Civ. Code § 1793.2(b) (against BMW NA); and (4) Negligent Repair (against Beverly Hills BMW). The action is based breach of warranties and other violations related to the condition of the vehicle. The Defendants move to compel Plaintiffs to arbitrate their claims under the Lease Agreement. BMW NA. Defendants contend that a...

Excerpt: ...inst 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 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 a cross‐complaint against Plaintiff. After the...

Excerpt: ...4/19 and 7/18/19. She contends that the defendants negligently and carelessly examined, diagnosed, advised, cared for and treated Karli Collins. She asserts one cause of action for medical malpractice against the defendants. Her husband, Vegas Davis, has asserted a loss of consortium cause of action. Defendant Shana Yeager, MD file this motion for summary judgment. The only evidence offered in support of the motion are the Request for Admissions....

Excerpt: ...l is set for 5/12/23. Defendant seek leave to file a cross‐complaint, pursuant to CCP §§ 426.50 and 428.50, on the grounds that the proposed Cross‐Complaint arises out of the same facts relating to the subject transaction and occurrence, and pertains to the same subject property to which the action relates, as set forth in the Plaintiff's Complaint. Defendants assert that the facts that support the filing of the proposed Cross‐Complaint w...

Excerpt: ...nt in this action was filed on 10/13/20. The Complaint named as defendants Poke‐Ria, Inc. and Hussam Joher. Based on the Proofs of Service of Summons (“POS”) filed in this case on 11/19/20, Defendants Poke‐Ria, Inc. and Hussam Joher were served by personal service on 11/18/20, by delivery of summons and complaint to Hussam Joher. Defendants did not file a response to the Complaint, and their defaults were entered on 12/22/20. On 12/10/21,...

Excerpt: ...nts in August 2018. On 11/27/18, Defendant Laurence Rouben (Rouben), another physician, hugged her from behind and pulled her towards him for 30‐60 seconds, constituting an inappropriate touching of a sexual nature. When Plaintiff complained and even after seeing the video, HR agreed that it was inappropriate but failed to take any meaningful action other than an apology. After she complained, Defendants created a hostile work environment and e...

Excerpt: ...0 + 60 filing fee). Factual and procedural background: This case arises out of an automobile accident that occurred on 12/19/19. The Complaint was filed on 11/19/21 alleging negligence. On 12/14/21, the County of Riverside (the “County”) filed a Complaint against Defendant for subrogation of claims paid in the workers' compensation case. On 1/28/22, this Court consolidated the two cases. On 5/23/22, Defendant issued sixteen (16) subpoenas for...

Excerpt: ...hat there are triable material issues of fact. Factual and procedural background: Plaintiffs allege that in and around 5/5/20, they purchased unimproved real property with the Assessor' s Parcel Number of 779‐ 260‐ 011 (Subject Property) for $26,800.00 at a tax sale that was duly conducted by the County of Riverside. (Complaint ¶ 6.) Shortly thereafter, Plaintiffs allege Defendant City of Coachella advised Plaintiffs that they had an interes...

Excerpt: ...endant's Exhibits 1 and 2 are arguably subject to judicial notice under Evidence Code §452(c), they are not relevant or necessary to the Court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) Defendant's request for judicial notice of Exhibit 3 is denied. Factual and procedural background: This is a wrongful death action ...

Excerpt: ...of costs recoverable by Defendants is $45,057. Factual and procedural background: After a jury trial, a judgment was entered in favor of Defendants and against Plaintiff on 8/10/22. On 8/17/22, Defendant served a Notice of Entry of Judgment or Order on Plaintiff. On the same date, Defendants electronically served Plaintiff with a Memorandum of Costs reflecting total costs of $65,365, which was also filed with the Court on the same date. Plaintiff...

Excerpt: ...omply with court orders. Factual and procedural background: Plaintiff, iCare Hospice Inc. (“Plaintiff” or “iCare”)) filed the complaint in this action on 2/23/22 against defendant Janet Teeter (“Defendant” or “Teeter”). Plaintiff alleges that Teeter, who was hired to be the Director of Marketing for iCare on 2/1/21, used Plaintiff's confidential information to divert patients from iCare to its competitors. The complaint sets forth...

Excerpt: ...t Scott Jackson because of her pregnancy, maternity leave, while she was pumping and taking time off for medical issue with her first child. Plaintiff alleges she was wrongfully terminated after she gave notice that she was pregnant with her second child. She filed this Complaint on 4/18/22 alleging causes of action for: 1) discrimination based on sex; 2) discrimination based on disability; 3) work environment harassment; 4) violation of Labor Co...

Excerpt: ...ch of a commercial lease agreement. Plaintiff/Cross‐Defendant Natasha Radwan, Trustee of the Canyon Springs Investment Trust (“Plaintiff”) filed the complaint in this action on 4/26/19 against defendants Hope CDC (“Hope”), Jaclyn Thomas and Misheilya Shorter (“Defendants”). Hope filed its cross‐complaint on 5/24/19, and Plaintiff filed an answer to the cross‐complaint on 6/17/19. Plaintiff failed to appear at trial, and on 1/6/2...

Excerpt: ...contends that Defendant's fictitious business name, which was registered after Plaintiff's, confuses consumers into believing that the two entities are the same or are affiliated companies, which is not the case. Plaintiff asserts that it is likely that Defendant chose its fictious business name to mislead the general public. On 8/3/22, Defendant's demurred to the original Complaint was sustained as to the first and third causes of action (violat...

Excerpt: ... separate lawsuits, including for damages for medical injuries to Plaintiff Karli Collins, for wrongful death related to the delivery of a 21‐week‐old fetus at Rancho Springs Medical Center, and for later claims of medical negligence and resulting injury for care at Loma Linda University Medical Center, alleged to have been related to Ms. Collins' treatment at Rancho Springs Medical Center. (“RSMC.) All three separately filed lawsuits have ...

Excerpt: ...m to their insurer, State Farm General Insurance (“State Farm”), which acknowledged coverage. (Id. at ¶¶ 1, 3, 4.) State Farm then engaged numerous vendors to for repairs, including Plaintiff P.W. Stephens Environmental, Inc. (“P.W. Stephens”) and Cross‐Defendant Nextgen Associates, Inc. dba Service Master Restoration (“Service Master”). (Id. at ¶ 5.) In January 2020, the Molinas entered into written agreements with P.W. Stephens...

Excerpt: ...��duty security guard, defendant Kauvaka, employed by defendants Romano's and Raincross Pub and Kitchen. Plaintiff filed the Complaint on 6/1/20, alleging 1) failure to properly select, train, supervise; 2) intentional tort – assault; 3) negligence; and 4) assault and battery. Kauvaka filed the Answer on 6/11/21. On 7/29/21, Raincross filed a Cross‐Complaint against Pixels Video Bar, Chad Norton and Micah Herrera for 1) equitable indemnity; 2...

Excerpt: ..., CA (the “Property”), without consideration, to Defendant. (Complaint, ¶¶ 2‐4, 6‐8, 11‐12.) At the time he executed the Deed, Plaintiff, who suffered from a severe drinking problem, was under the influence of alcohol and lacked proper capacity. (Complaint, ¶¶ 8‐9.) On 6/21/21, Plaintiff was admitted to a detox facility and only discovered the that he had conveyed his interest in the Property to Defendant after he left treatment. ...

Excerpt: ...rbitant amount of fees in order to vacate the hearing. Plaintiff is ordered to pay the transfer fees within 30 days after service of notice of the transfer order by defendants. (Code Civ. Proc., § 399(a).) Factual and procedural background: Plaintiff David Shemula brings this action on his own behalf and derivatively for Progressive Security Screens, LLC, which is also a nominal defendant. Plaintiff alleges he bought a 40 percent interest in Pro...

Excerpt: ...nt Co. LLC (“Skyline”), alleging breach of governing documents and breach of fiduciary duty. On 6/12/2019, Plaintiffs filed their First Amended Complaint (“FAC”) after the Court sustained Defendant Skyline's demurrer to the Complaint. The FAC was brought against Defendants Skyline, Jennifer Roberts, and David Gilbert (collectively, “Defendants”) and alleged the following four causes of action: (1) breach of governing documents and vio...

Excerpt: ... in traffic. She filed her complaint on complaint on 8/16/22, which asserts: (1) Violation of Song‐Beverly Act—Breach of Express Warranty; (2) Violation of SongBeverly Act—Breach of Implied Warranty; and (3) Fraudulent Inducement—Concealment. The present motions are a demurrer and motion to strike brought by defendant. In the demurrer, defendant challenges the third cause of action under CCP 430.10(e) for failure to state sufficient facts...

Excerpt: ... 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 Court appointed Matthew L. Taylor as the partition referee (“Referee”). On 6/14/18, Defendant filed a Notice of Appeal, which was denied. There have been several motions since filed. Pursuant to order of the Court, the referee marketed the property and on 9/2/222 ...

Excerpt: ...ong‐Beverly (express warranty); (2) violation of Song‐Beverly (implied warranty); (3) Civil Code §1793.2. Trial is not set. Plaintiffs move to compel further responses to requests for production. Plaintiffs contend Defendant provided boilerplate objections, or any substantive response. They assert the documents are relevant to determine whether Defendant complied with their obligations as to Song‐ Beverly and civil penalties. They request ...

Excerpt: ...f their shares and fifty percent ownership rights in the business. Plaintiffs allege that, in 2017, Plaintiffs, together with Defendants Jones and Douglas, put together a business plan to form and operate Green America, Inc. As alleged by Plaintiff, in 2018, Douglas and Jones unilaterally converted Green American from a non‐ profit mutual benefit corporation to a general stock corporation by refiling a Restated Articles of Incorporation with th...

Excerpt: ...also owns a 2005 Monaco Windsor RV vehicle, which was insured by National General Insurance Company (“National”). On 7/10/21, a fire destroyed the Gunthers' personal property, including the RV. The Gunthers were partially paid by their insurance carriers, but claim they have additional damages not covered by the insurance. State Farm and the Gunthers filed the complaint in the lead case, CVRI 2200057, against the City of Riverside, alleging s...

Excerpt: ...counsel. The court is further inclined to set this matter for a Mandatory Settlement Conference (MSC) with Judge Angel M. Bermudez, to occur prior to the evidentiary hearing. The date and time for the MSC to be arranged by counsel with Judge Bermudez' clerk. Counsel are ordered to contact the clerk in Judge Bermudez' Department S302, forthwith to schedule the (MSC). Prior to the evidentiary hearing, the parties shall submit briefs no later than t...

Excerpt: ...nt's agreement to turn over the documents, the motion is granted as to Nos. 60, 61, 66, 68 – 70. As to 60 and 61 the requests are limited to the transmission issues experienced by Plaintiff's vehicle and as to Nos. 66, 68, 69, and 70 the requests are limited to the defects expects experienced by Plaintiff's vehicle. All requests are limited to the same type, make, model and year of Plaintiff's vehicle. Defendant is to produce the responses with...

Excerpt: ...ng party, seeking recovery of its initial filing and motion fees ($570.00), e‐filing fees ($139.00), and service of process fees ($357.00), for a total of $1,066.00. On 9/1/2022, Plaintiff filed a Motion to Tax Costs, challenging the e‐filing fees ($139.00) and service of process fees ($357.00). On 9/13/2022, Defendant filed an Amended Memorandum of Costs (Summary) to correct the amount for e‐filing fees from $139.00 to $214.00, for a total...

Excerpt: ...intiff as the successor‐in‐ interest to the decedent, alleging claims for elder abuse under the Welfare and Institution Code; fraud and concealment; unlawful and deceptive business practices and unfair competition; and violation of patient's rights (Health & Safety (H&S) Code, § 1430(b)). Plaintiff also brings a separate, independent cause of action for wrongful death for damages suffered by decedent's family members. The Complaint alleges t...

Excerpt: ...a Request for Entry of Default of Lavallee, which was entered by the clerk of the Court on the same date. On August 18, 2022, Lavallee filed the instant motion, pursuant to CCP § 473(b) seeking to vacate the default entered against him. Lavallee claims Lavallee states that he admitted himself into rehabilitation facility in Arizona in January 2021 and came back to California in February 2021 but could not deal with the pending lawsuit as a resul...

Excerpt: ...ents, Set One, No. 6. Plaintiff contends the following: that Defendant objected to his discovery and claims that a court order is required for production; Defendant failed to serve a verified, statement of compliance that complied with CCP §§2031.220 and 2031.280; Defendant failed to serve all responsive documents; 5) Plaintiff has good cause for the discovery requests; and 6) his meet and confer with Defendant did not result a resolution. Plai...

Excerpt: ...e the existence of a triable issue of material fact. Factual and procedural background: On 3/12/20, Jessina Azmi Hweidi (“Decedent”) was driving her vehicle southbound on Knabe Road, north of While Sage Street. Her sister, Safa Azmi Hweidi (“Safa”), was a passenger in the vehicle. It was raining heavily that day and an unsafe amount of water had built up on the roadway. Decedent lost control of her vehicle and collided with a boulder and ...