Excerpt: ...l Fathers Rights ("RFR") and Mark A. Reel, Jr. ("Mr. Reel") (collectively, "Defendants"). On 3/17/2023, Plaintiff filed a Complaint against Defendants, alleging (1) failure to engage in interactive process; (2) failure to accommodate; (3) disability discrimination; (4) retaliation (FEHA); (5) retaliation (Labor Code S 1102.5); (5) harassment; (7) failure to prevent discrimination, harassment, and retaliation; (8) wrongful termination in violation...

Excerpt: ...model as Plaintiff's that were sold within California. Number 41 was also granted. On 5/12/23, Defendant provided supplemental responses and served documents to numbers 16, 19-21 and 41. Plaintiff seeks and order to compel Defendant's compliance with the 3/29/23 order. Plaintiff argues Defendant's 5/12/23 responses were still insufficient and many documents were not produced. Plaintiff contends that Defendant did not any backup internal investiga...

Excerpt: ...s LLC. She alleges that Defendant's employee, Defendant Kirshawn Ratuita sexually harassed and assaulted her during her employment between the end of December, 2021 and on or about 12/31/212, and that when she complained, she was retaliated against and was left with no choice but to resign in February, 2022. She filed this Complaint on 7/19/23 alleging various employment claims including sexual harassment, sexual assault, gender discrimination, f...

Excerpt: ...torney alleged that Petitioner had violated the terms of his probation. (ld. at '1 2, Ex. A at 3.) On 10/21/2020, Petitioner appeared in court for the probation revocation hearing, where he was represented by the public defender's office. (ld. at 2, Ex. A at 2, 10.) That day, the trial judge found Petitioner violated the terms of his probation and revoked his probation and the original five-year sentence. (ld. at '1 2, Ex. A at 2.) On 7/5/2023, P...

Excerpt: ...e lane line and were not visible to Plaintiff. Plaintiff contends that said lane dividers created a dangerous condition and there was no warning of the dangerous condition. He asserts one cause of action against the City of Corona ("City") for dangerous condition of public property. City brings this motion for summary judgment. It contends there is no dangerous condition of public policy because the lane dividers, referred to as Botts' Dots, were...

Excerpt: ...Property") but that Defendant breached the Agreement and refused to sell the Property. (Complaint, "1 4, 8-10.) The Complaint sets forth claims for breach of contract and declaratory relief and seeks specific performance. Plaintiffs complaint was filed on 9/10/21. According to the proof of service filed on 11/4/21, Defendant was personally served with the Complaint at the Property on 10/15/21. Defendant failed to file a timely answer to the Compl...

Excerpt: ... married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, they discussed investing in real estate in the United States. In 2019, Defendants informed Plaintiff they were traveling to the United States, and offered to assist her with applying for a Visa and in locating and purchasing real estate on her behalf. Defendants helped Plaintiff to purchase three proper...

Excerpt: ...ial interrogatories Nos. 45 - 48, contending the interrogatory relates to proving that Plaintiff's vehicle contained a defect, and whether Defendant willfully violated Song-Beverly. He requests sanctons of $2,222.50. Defendant opposes the motion on the grounds that the interrogatories are overbroad and seek irrelevant information. It argues that sanctions are not warranted. Legal authorities and analysis: A party may file a moton compelling furth...

Excerpt: ...est for Judicial Notice is granted. The objections to the Declaration of Larry Michael Aubry are overruled. Factual and procedural background: Defendant is the Trustee of the Styliani Aubry Separate Property Trust ("Aubry") has, at all relevant times owned that certain residential property located at 47526 Calle Rosarito, Indio, California, (the "Property"), which is located inside Plaintiff's gated community named "Las arisas North" and Plaintif...

Excerpt: ...l be severely prejudiced if she has to oppose the motion for summary judgment and prepare for trial at the same time. Defendants do not contend that their motion was timely served. Instead, they argue that Plaintiff ignores the ruling in Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88. They also assert that in the cases relied on by Plaintiff, the notce provided was much shorter. Defendants contend that their service only reduced the notice t...

Excerpt: ... complaint ("FAC") against defendants Larry Moore and Trinidad Moore (together, "Defendants"). Plaintiff seeks to quiet title to property located in Banning and alleges various causes of action for rescission and financial elder abuse. Plaintiff was 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. In 2014, Plaintiff was distressed over the condition of her home. She reached ...

Excerpt: ...dant RPM at the tme of her purchase, and Defendant RPM maintains the position that Plaintiff had access to Defendant RPM's records and property, and sold the Vehicle to herself without the knowledge or consent of Defendant RPM. Plaintiff signed an agreement to arbitrate any acton arising from the Retail Installment Sales Contract ("RISC (Declaration of Frank Vizcarra ["Vizcarra Dec."), 92, Exhibit "1. Shortly after Plaintiffs purported purchase o...

Excerpt: ...but reasonable amount of $1500 (4 hours X $375 + $60 filing fee). Factual and procedural background: Plaintiff filed this Song-Beverly action regarding a 0217 Ford Super Duty F-350 that contained engine defects. The complaint, filed 2/7/23, asserts: (1) breach of express warranty; (2) Civil Code 51793.2; and (3) negligent repair. Plaintiff moves to compel further responses to the Request for Production of Documents. Plaintiff contends Defendant's...

Excerpt: ... paid off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (SAC 6-8.) Plaintiff alleges during the many conversations that Plaintiff had with Defendant Bagwell, Plaintiff was told by defendant Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff can cancel the current insurance she had with GEICO Insurance Co...

Excerpt: ...ls and insignias required by the ANSI codes. Plaintiff filed this action on 2/17/22 and filed the First Amended Complaint (FAC) as a matter of right on 3/29/22. After the court sustained in part Kelly Mac's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 10/11/22. The court then sustained in part Kelly Mac's and Cavco's separate demurrers. Plaintiff then filed the Third Amended Complaint, and subsequently filed a motion for leave ...

Excerpt: ... Corona, California (the "Property"). (Complaint, 6-9.) The Complaint sets forth six causes of action: (1) breach of contract; (2) work, labor and materials furnished; (3) open book account; (4) account stated; (5) reasonable value of work; and (6) foreclosure of mechanics lien. Plaintiff has filed an Application for Right to Attach Order (the "Application") seeking a writ of attachment in the amount of $101,154.14 against defendant Shirley Tolli...

Excerpt: ...g (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; and (3) Fraudulent Inducement —Concealment. On 10/11/2022, after the Court granted Plaintiffs' motion for leave to amend, Plaintiffs filed their First Amended Complaint ("FAC") against Defendant alleging the same three causes of action. On 11/18/2022, Defendant filed a demurrer to the third cause of action for fr...

Excerpt: ...s" for an alleged wrongful repossession of a Lamborghini Huracan Evo, stating causes of achon for trespass to chattel and conversion. Service of the summons and complaint was effected 6/17/23 on both Defendants through substituted service on Grozav's wife, Alina Grozav ("Alina"). Defendants failed to file a timely answer. On 8/29/23, Plaintiff filed a request for the entry of default as to both Defendants, and default was duly entered that same d...

Excerpt: ..., a fifth cause of action for fraudulent inducement — concealment, and a sixth cause of action against Defendant Fairway for negligent repair. The Complaint alleges that on October 17, 2021, Plaintiffs purchased a 2021 Ford Explorer ("Subject Vehicle" or the "Vehicle"). (Comp'. 9.) It further alleges that "[dlefects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to,...

Excerpt: ... are to be filed with the court and served on opposing party within fifteen dates. Hearing on this matter is continued to 11/17/23 8:30 a.m. for the sole purpose of confirming the reasonableness of the amount of attorney fees. Factual and procedural background: This action arises out of a business deal between Plaintiffs JTLH Enterprises, LLC ("JTLH"); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, "Plaintiffs") and numerous Defend...

Excerpt: ...ction of emotional distress, (2) retaliation in violation of FEHA, (3) violation of California Labor Code S 1102.5, (4) harassment in violation Page 7 of 10 of Government Code S 12940, (5) failure to prevent discrimination and harassment, (6) failure to engage in interactive process, (7) failure to accommodate, and (8) discrimination. Defendant demurs to the first, second, third, fourth, fifth, sixth, seventh, and eighth causes of acton on the gr...

Excerpt: ...retaliation in violation of Labor Code "98.6, 95(k), 4) retaliation in violation of Labor Code SS230(b), 230(g)(1), 5) failure to prevent discrimination harassment and retaliation I violation of Gov. Code 512940(k), and 6) wrongful termination in violation of Gov. Code #12940, et seq. Defendant CXR previously demurred to all of these same causes of action which were contained in Plaintiff's First Amended Complaint. Leave to amend was granted rega...

Excerpt: ...ndant was aware of and failed to disclose. (FAC "1 6-12, 23-59.) Plaintiffs provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle.(FAC '1 13-14.) Plaintiff filed the Complaint and now FAC on 1/11/23 asserting causes of action for violations of Song-Beverly Act, breach of express and implied warranties and fraudulent inducement-concealment. Defendant demurs to the fraudulent inducement cause of action...

Excerpt: ...laintiff alleges that she suffered severe complications following a molar extracton performed by Jae Woo Chung, D.M.D. ("Dr. Chung") and under the pre/post-operative care of Angelica Nieto, D. D.S. ("Dr. Nieto" or "Defendant") Plaintiff filed the Complaint, in pro against Dr. Nieto and Dr. Chung on 2/21/23, alleging a single cause of action for medical negligence. On 4/28/23, Plaintiff served Defendant Dr. Nieto with requests for production, set ...

Excerpt: ... Residential Lease Agreement ("Lease") and simultaneously an Option to Purchase Addendum to Residential Lease Agreement ("Option") with defendant homeowners Marilyn Will ("Will") and Frank Tysen ("Tysen") relating to property located at 1155 South La Verne Way in Palm Springs. Pursuant to the Option, Van Wyk had the option to purchase the subject property for $275,000 any time from December 2020 to 12/31/21. On 12/28/21, Van Wyk issued a notice t...

Excerpt: ...pment Co. LLC ("Skyline"), alleging (1) breach of governing documents and (2) breach of fiduciary duty. On 6/12/2019, after the Court sustained Defendant Skyline's demurrer, Plaintiffs filed their First Amended Member Derivative Complaint ("FAC") against Defendants Skyline, Jennifer Roberts ("Roberts"), and David Gilbert ("Gilbert") (collectively, "Defendants"), alleging (1) breach of governing and violation of the Davis-Stirling Act (l); (2) bre...

Excerpt: ...r repair. (ld. at 12.) On 4/14/2022, CarMax informed Nix that they are unable to fix the vehicle and would sent it to Defendant Walter's Auto Sales and Service, Inc. ("Walter's"). (ld. at '1 13.) CarMax and Walter's allegedly retained possession of the vehicle from 4/14/2022 to 4/27/2022. (ld. at 14.) On 4/27/2022, Plaintiff picked up the vehicle and assumed it was fixed. (ld.) On 5/8/2022, Nix and her two minor children, Burton (collectively, "P...

Excerpt: ... Plaintiff opposes. Legal authorities and analysis: CCP S 1048(b) provides as follows: " „ in furtherance of convenience or to awid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...

Excerpt: ...dural background: On 1/30/2023, the Molinas filed their First Amended Cross-complaint ("FACC") against the Cross-Defendants, alleging the same ten causes of action. CrossDefendants subsequently filed a demurrer to the FACC, which the Court sustained again with leave to amend. On 5/31/2023, the Molinas filed their Second Amended Cross-complaint ("SACC") against the Cross Defendants, alleging the same ten causes of action. State Farm demurrers to t...

Excerpt: ...) and/or Rush Truck Leasing ("Rush"). The complaint asserts two negligence causes of action. The matter went to trial in June 2023. The jury found that Padilla was negligent and was acting within his course and scope of employment with Costco. It found that Plaintiff had been damaged in the amount of $3,499,200.75. Padilla and Costco were found jointly and severally liable for this amount. On 8/22/23, Plaintiff filed a memorandum off costs, seeki...

Excerpt: ...n, (5) unjust enrichment, (6) negligence, and (7) gross negligence. As against the moving Defendants Qilin Chang and Golden Taste LLC, Plaintiff asserts the causes of action for declaratory relief, conversion, unjust enrichment, and gross negligence. Moving defendants Qilin Chang and Golden Taste, LLC bring the instant motion, seeking an order requiring Plaintiff to file an undertaking. The motion is made pursuant to Code of Civil Procedure S 103...

Excerpt: ...it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code." Under this code section, judgments can be modified "under the 'successor corporation' theory." Wolf Metals, Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, ...

Excerpt: ...lysis: "[Mlotons for reconsideration under [CCP S and renewed motons under [S 1008(b)] are closely related. (See Tate v. Wilburn (2010) 184 Cal.App.4th 150, 159 [internal citations omitted].) "A party filing either a motion under [S 1008(a) or is seeking a new result in the trial court based upon 'new or different facts, circumstances, Page 4 of 6 or law."' (ld. at 160 [citing CCP SS 1008(a) & (b)l.) The moving party must show "by affidavit what ...

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

Excerpt: ...t Defendant City of Indio ("Defendant" or "City") for Violation of California Labor Code Section 1102.5. Perafan alleges that he was, among other things, subjected to multiple adverse actions and forced to retre by City in retaliation for reporting perjury and other suspected illegal conduct against City's chief of police and assistance chief of police in Perafan's job as a police sergeant on behalf of City. Perafan worked for the Defendant until...

Excerpt: ...ate, (3) disability discrimination, (4) retaliation (FEHA), (5) retaliation (Lab. Code S 1102.5), (5) harassment (hostile work environment), (7) failure to prevent discrimination, harassment and retaliation, (8) wrongful termination in violation of public policy, (9) intentional infliction of emotional distress, (10) breach of contract, (11) breach of the covenant of good faith and fair dealing, (12) promissory estoppel, (13) intentional misrepre...

Excerpt: ... of Government Code (Gov. Code) 512940(h), 3) retaliation in violation of Labor Code SSS8.5, 96(k), 4) retaliation in violation of Labor Code SS230(b), 230(g)(1), 5) failure to prevent discrimination harassment and retaliation I violation of Gov. Code 512940(k), and 6) wrongful termination in violation of Gov. Code 5512940, et seq. Defendant CDCR previously demurred to all of these same causes of action which were contained in Plaintiff's First A...

Excerpt: ... most qualified (PMQ). Plaintiff contends the notice was ignored and therefore on 8/18/23, Plaintiffs served an amended noticed a deposition of GM's PMQ for a deposition to take place on August 11, 2023. (Declaration of Raymond Verlarde ["Verlarde Decl."], 6.) July 18, 2023, Plaintiffs noticed a deposition of GM's person most qualified for a deposition to take place on August 11, 2023. (Declaration of Raymond Verlarde ["Verlarde Decl."l, '16.) Pl...

Excerpt: ...ve Process in Violation of Gov. Code S 12940(n): (4) Age Discriminaton in Violation of Gov. Code 512940 et seq; (5) Failure to Prevent Discrimination in Violation of Gov. Code S 12940(k); (6) Retaliation in Violation of Gov. Code 512940(h); (7) Wrongful Termination; (8) Meal and Rest Break Violations of Labor Code S 226.7; (9) Failure to Provide Employment Records in Violation of Cal. Labor Code 51198.5 et seq.; (10) Failure to Pay All Compensati...

Excerpt: ...chael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Constructon LLC and Jorge Humberto Quezado, alleging negligence and loss of consortium. PIAS relevant to this Motion, Plaintiff Brandon is claiming lack of memory due to a traumatic brain injury (TBI) and anxiety and depression. Defendants move to compel Plaintiff Brandon to attend two mental examinations with Dr Kyle Boone, Ph.D. (a ...

Excerpt: ...efects. On 2/9/22, Plaintiffs filed their complaint for: (1) breach of express warranty; (2) breach of implied warranty; and (3) Civil Code 51793.2. On the date of trial, 5/19/23, the parties indicated that the case settled. On 6/22/23, Plaintiffs filed a notice of settlement. Plaintiffs move for attorney fees of $55,258.87 ($41,325.37 x 1.35 multiplier) and $2,186.19 in costs. It is noted in the Reply, Plaintiffs seek fees of $58,471.97. Plainti...

Excerpt: ...ease signing, the Vehicle odometer read Twenty Thousand One Hundred Forty (20,140) miles, however, A-Z and/or Fleet reported inaccurate mileage, submitting Two Hundred Thousand One Hundred Forty (200,140) miles to the California Department of Motor Vehicles (hereinafter referred to as "DMV"). Plaintiff notified a Fleet employee about the error who assured Plaintiff of correction. As a result, an A-Z employee made handwritten changes to the "Used ...

Excerpt: ... while working when pallets and boxes, that were not properly secured, stacked or maintained, fell on Plaintiff. He filed his Complaint on 12/31/21 alleging two causes of acton for negligence and premises liability. Plaintiff alleges that Sungistix knew or should have known about the dangerous condition and failed to warn users of the premises; Sungistx could have prevented the incident. On 4/13/23, Plaintiff filed a Fictitious Name Amendment to ...

Excerpt: ...ation of a solar power system and solar utility shed that subsequently caught fire and damaged the property. Plaintiff alleges that it hired Defendants to install a solar power system on its property Imrated at 44047 Camino Gatllo in Temecula, California (the "Property"). (FAC 15—16.) On 4/17/23, Plaintiff filed the First Amended Complaint ("FAC") against the moving Defendants Clean Energy Storage Inc. and Ted Thomas ("Defendants"), as well as ...

Excerpt: ...ty"). (Complaint, 4, 6-7.) Adam Schwartz ("Schwartz"), an agent/employee of Defendant, was retained by Dean Cook ("Cook") on behalf of Cook Capital to act as its real estate agent. (Complaint, "1 2, 8.) On 1/21/21, Balcor provided the required written seller's disclosures regarding the Property which indicated that a potential buyer, Hedgemon Real, LLC ("Hedgemon"), had filed a lawsuit (CVRI 200105) against Balcor regarding the Property. (Complai...

Excerpt: ...ted as a beneficiary of the Estate of Rodolfo Valdez, Jr., but that Matthew executed a Deed of Trust for the property located at 21195 Bentley Dr. Perris, California, falsely representing himself to be the Executor of the Estate and thereby wrongfully conveying the property to Defendants Jeremy Geng, Ceba Properties. On 2/23/22, Letters of Administration were issued in PRR12101884, in which Defendant was appointed as the administrator of the dece...

Excerpt: ...) intentional tort— assault (against Kauvaka); (3) negligence (against Raincross); and (4) assault and battery (against all Defendants). Plaintiff sought damages for loss of earnings and loss of earnings capacity, among other things. Plaintiff owns his own advertising and marketing business, 951 Promotions, Inc. in which he is the president. (Def.'s Notce of Lodgment, Ex. 1.) Plaintiff claims that he lost at least $25mo in income as of 3/12/202...

Excerpt: ...dant argues Plaintiff failed to comply with the Government Claims Act, the causes of achon are barred by the workers' compensation exclusivity rule, some of the alleged conduct occurred outside the statute of limitations, the alleged conduct remaining is insufficient to support the causes of action, and injunctive relief is a remedy, not a cause of action. In Opposition, Plaintiff argues her claims are not barred by failure to adhere to the Gover...

Excerpt: ...operty is 150.52 acres in Riverside County located adjacent to Cereal Street in Lake Elsinore. (SAC 911.) The parties entered into a Standard Offer, Agreement and Escrow Instruction for Purchase of Real Estate (Vacant Land) on 8/31/21. (SAC 912.) The Purchase and Sale Agreement requires Defendant to provide Plaintiff with all documents and information pertaining to the property and requires Defendant to certify to Plaintiff upon delivery that all...

Excerpt: ...ent (Master Agreement) with Defendant Empire to provide labor, materials and equipment for installation of drywall into a residential real property apartment project. In addition to Empire, Plaintiff alleges that other companies and their individual principals were involved in the project and acted and their actions represented a unity of interest, ownership and operation and were part of the breach of the contract and related violations. He cont...