Excerpt: ...e subject property, which crop was harvested and sold by the Gunthers. On 7/10/21, a fire destroyed the Gunthers' personal property worth $349,019, including an RV, horse trailers, a flatbed trailer, a pickup truck, chain link fence, horse arena fence, irrigation manifold, irrigation system, domestic water supply, water well, bee hives and a bicycle. The Gunthers were paid $142,704.20 by their insurance carriers, including $44,363.20 by State Far...

Excerpt: ... motion for summary judgment; judgment was entered on 9/22/22. A defense memo of costs was filed on 10/7/22. It seeks a total of $17,718.69, including $9,498.00 in expert witness fees (listed under “other” on the costs memorandum) because plaintiff rejected an offer to compromise under Code of Civil Procedure section 998. Plaintiff moves to tax two categories of costs‐ deposition costs, and expert witness fees. Defendants defend the costs i...

Excerpt: ...cuments and violation of the Davis‐Stirling Act, (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder. Plaintiffs posted jury fees. Defendants filed this motion for a finding that there is no right to a jury trial on any of plaintiffs' claims. Plaintiff's opposition acknowledges that this is a derivation action that constitute of equitable claims but contends it will be seeking to amend the...

Excerpt: ...ildings on the property (“Project”). In September 2019, Plaintiff entered into a $2,520,000 construction contract (“Contract”) with Defendant TiltUp, 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�...

Excerpt: ...pped 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 Fardad Mobin (Mobin or Dr. Mobin) and Parhnam Yashar, M.D., plaintiff's treating physicians who implant...

Excerpt: ...presented by Todd R. Wulffson (“Wulffson”) and Denisha P. McKenzie (“McKenzie”) of the law firm CDF Labor Law LLP (“CDF”). Trial in this matter is currently scheduled for 5/26/23. As it relates to this motion, on 4/1/22, Bogh produced documents in response to Plaintiff's discovery requests, which included images of two emails from Plaintiff's personal Gmail account purportedly displayed on the screen of a company‐issued iPad. One em...

Excerpt: ...suffered serious eye injuries as a result. Plaintiff filed her Complaint for Personal Injuries and Property Damage on 11/23/20. On 5/2/22 she filed the First Amended Complaint (FAC) on 5/2/22. Plaintiff asserts two causes of action for: (1) Professional Negligence and (2) Punitive damages. On 8/15/22 this court granted Defendant's motion to strike the portions of the complaint that alleged punitive damages on ground that Plaintiff had not stated ...

Excerpt: ...on, Defendants produced sufficient evidence that the alleged oral/written/implied contract is ineffective because there is no written instrument signed by all members modifying the operative operating agreement. (Corp. Code § 11701.11, § 11701.12; Robidoux Dec., Ex. B, ¶ 11.1, ¶ 11.11.) Plaintiff failed to produce evidence showing a triable issue of fact. As to the unjust enrichment, third cause of action, this claim fails as a matter of law ...

Excerpt: ...ject 2009 Ford F150 Super Crew Cab (“Vehicle”) from Defendant Yusef Azizi dba Riverside Car Sales Wholesale (“RCSW””). In conjunction with the purchase of the Vehicle, Plaintiff purchased a service contract from Defendant Preferred Warranties, Inc. (“Preferred). On 3/10/21, with ongoing problems unresolved and Defendants not offering to repurchase the Subject Vehicle, Plaintiff filed her complaint, alleging various violations of the S...

Excerpt: ... 8/24/22, Defendant served Plaintiff a Notice of Taking Deposition set for 9/6/22, via Zoom. (Salgado Decl. ¶ 2, Ex. A.) That same day, Plaintiff's counsel advised Defendant's counsel that she was not available and that proposed dates would be provided to reschedule Plaintiff's deposition. (Id. at ¶ 4, Ex. B.) Defendant's counsel responded, advising that mediation was scheduled and requested proposed dates for the deposition as soon as possible...

Excerpt: ...urance Company (“State Farm”). The Gunthers also operated an avocado orchard on the subject property, which crop was harvested and sold by the Gunthers. On 7/10/21, a fire destroyed the Gunthers' personal property worth $349,019, including an RV, horse trailers, a flatbed trailer, a pickup truck, chain link fence, horse arena fence, irrigation manifold, irrigation system, domestic water supply, water well, bee hives and a bicycle. The Gunther...

Excerpt: ...and sole stockholder, allege that on 3/14/22, Plaintiff, GIC, purchased real property located at 4682 Bandini Avenue in Riverside from the previous owner. Defendants, Carlos Calero (Calero), Claudia Oyarzabal (Oyarzabal), and Juan C. Calero, were in possession of the property. Dawodu serve two notices on Defendants to inspect the property (3/17/22 – 24 Hour Notice of Entry; 3/19/22 – Notice to Cure or Perform Covenant or Quit), but Defendants...

Excerpt: ...balance falling backwards off the truck and landing on rocks on the ground injuring her back and neck. Plaintiff notified her supervisor who referred her to the company doctor but, Plaintiff could not locate the doctor, and went to the emergency room where she was treated for her injuries and sent home. On 9/17/19, Plaintiff went to see the company doctor who diagnosed her with a cervical strain, and elbow strain among others, prescribed medicati...

Excerpt: ... Armando Moran, when the chair broke causing Plaintiff to fall and sustain injuries. On 2/19/21, Plaintiff Rafael Chaidez filed this personal injury and premises liability action. The court initially set trial for 8/5/22, but when Plaintiff obtained new counsel, the court continued the trial date via ex parte application on 7/27/22. The court found that there was no good cause to submit a late expert witness designation. Trial is now set for 12/9...

Excerpt: ...1 and all other requests that have not been resolved. The parties are to prepare a joint separate statement regarding any discovery requests that cannot be resolved. The joint statement is to be submitted to the court by 11/25/22. No further briefing is permitted. 2. CVRI2105716 PINEDA VELIZ vs AMERICAN HONDA MOTOR CO., INC. Motion to Compel Further Response to Request for Production of Documents No. 115, 117, 119 – 127, 130, 140 – 144 (Set T...

Excerpt: ...quest nos. 20 and 25. Given the mixed results, the request of both parties for sanctions is denied. Factual and procedural background: Plaintiff alleges in her complaint that during her admission at Defendant Riverside Healthcare System, LP, which was operated/owned by Defendants Columbia Riverside, Inc. and HCA Healthcare, Inc., she developed pressure sores and was left with inadequate hygiene due to chronic understaffing. On 5/19/22, Plaintiff ...

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: ...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: ...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: ...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: ...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...

Excerpt: ...bia Riverside, Inc., Riverside Healthcare Systems, L.P. (“Corporate Defendants”) as a resident physician at Riverside Community 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, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, suffering from a spi...

Excerpt: ...y manager, Mooshi 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 of the manufactured home until it was paid off, and title would remain with Diamond Valley. Plaintiff was no longer interested, but later convinced by the maintenance man to trust Bijah. Plai...

Excerpt: ...nst plaintiff among others for intentional interference with prospective economic advantage and a fifth cause of action for intentional interference with contractual relations. Ikonte brings this special motion to strike as to the claims asserted against Ikonte in the crosscomplaint. Ikonte contends that these claims were asserted because Ikonte filed a lis pendens in connection with this lawsuit. It is argued that an action brought due to the fi...

Excerpt: ...ns are overruled. Factual and procedural background: On 3/12/20, Jessina Azmi Hweidi (“Decedent”) was driving her vehicle southbound on Knabe Road, north of White 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 ...

Excerpt: ...ding not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (CCP § 436.) A motion to strike is also the proper vehicle to attack a punitive damages claim where facts alleged may not rise to the level of fraud, malice or oppression. (CCP §§ 435‐436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) As with a demurrer, on a motion to strike “the court treats as true ...

Excerpt: ...Defendant for subrogation of claims paid in the workers' compensation case. On 1/28/22, this Court consolidated the two cases. On 6/30/22, Defendant issued three (3) subpoenas for Plaintiff's records to the following entities: County of Riverside, Human Resources; County of Riverside, Payroll/Auditor Controller; and County of Riverside Human Resources c/o Workers [sic]. These subpoenas requested Plaintiff's employment, insurance, tax, and workers...

Excerpt: ...e unable or unwilling to bring the vehicle into conformity with the express warranties. On 12/30/21, 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 with...

Excerpt: ... Cause are continued to 11/3/22 at 8:30 a.m., Department 5. Defendants Request for Judicial Notice of the Department of Fair Employment and Housing (DFEH) file is granted pursuant to Evidence Code §452(c). The remainder of the Request for Judicial Notice is denied. Materials prepared by private parties that are on file with governmental agencies are not official records of which judicial notice may be taken. (People v. Thacker (1985) 175 Cal.App...

Excerpt: ...nd: Plaintiff was the owner of 25820 Jumano Drive, Moreno Valley, CA 92551 (“Property 1”) and 14831 Casa Loma Drive, Moreno Valley, CA 92553 (“Property 2”). (FAC ¶¶ 7, 11, & 12.) Plaintiff alleges that Defendant, the escrow company, mistakenly used the proceeds of the sale of Property 1 to pay off the Property 2 loan, rather than Property 1 loan as the escrow instructions required. (Id. at ¶¶ 10–11.) Plaintiff alleges that she was m...

Excerpt: ...murrer and Plaintiff filed the Second Amended Complaint (SAC) on 8/21/20. The court again sustained Defendant's demurrer and Plaintiff filed the Third Amended Complaint (TAC) on 12/9/20. The TAC asserts: (1) wrongful termination in violation of Labor Code §1102.5; (2) breach of implied contract of continued employment; (3) breach of implied covenant of good faith and fair dealing; and (4) defamation. On 9/9/21, the court sustained the demurrer t...

Excerpt: ...ds for failure to comply with Rules of Court, rule 3.1350(b). Evidentiary Objections: The objections of Hemet Valley Tool are overruled as Objections 1 to 4, and 6 to 10 and sustained as to Objection 5. Factual and procedural background: Plaintiff rented a ladder from Defendant Hemet Valley Tool, Inc. (“Hemet”). The ladder was manufactured and/or distributed by Defendants Werner Co. (“Werner”) and Green Bull (“Green Bull”). On 10/8/17...

Excerpt: ... existence of recorded documents and their legal effect and the request for notice is granted. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) Factual and procedural background: Plaintiffs Winjet Trading Inc. (“Winjet”) and America Plastics Trading, Inc. (“APT”) (together, “Plaintiffs”) filed the complaint in thi...

Excerpt: ...standing to foreclosure because no substitution of the current trustee was ever recorded. The complaint pleads causes of action for 1) Wrongful foreclosure; 2) Breach of the covenant of good faith and fair dealing; 3) Cancellation of instruments; 4) Violation of Business and Professions Code section 17200; and 5) Quiet title. On 3/30/22, the court sustained a demurrer by defendant Allied Servicing Corporation (Allied), which services the loan. It...

Excerpt: ...t's 24‐hour care facility and allowed to develop a Stave IV pressure sore, necessitating many months of painful treatments. The first amended complaint pleads causes of action for elder abuse, violation of the patient's bill of rights, and negligence. Plaintiffs move to set trial within 120 days on the grounds that Alvarez is 76 years old and has a substantial interest in this action. A declaration of counsel states that plaintiff is 76 years o...

Excerpt: ...ly, a pastor employed by Defendant Mount Rubidoux Church, which is part of Defendant Southeastern California Conference of Seventh Day Adventists (SECC). In November 2013, Plaintiff was separated from her husband and pregnant. Kelly was promoted as a relationship expert. Plaintiff alleges that she was pursued Kelly, who told her that he was estranged from his wife. Further, that Kelly told her he intended to divorce his wife. As a Page 3 of 8 res...

Excerpt: ...nd Prism and Cervantes as to the fourth, fifth, sixth, seventh and eighth causes of action. The statute of limitations was tolled under CCP §1281.97 due to Defendants' material breach of the arbitration agreement. Factual and procedural background: This is a sexual harassment case. Plaintiff Vanessa Urias (“Plaintiff”) was allegedly jointly employed by Defendants Prism Aerospace, Inc. (“Prism”) and LTET Enterprises, Inc. (“LTET”) (co...

Excerpt: ... from the top, the ladder failed when a support bracket buckled and one of the feet of the ladder bent inward. Plaintiff fell from the ladder and landed on his feet. Plaintiff sustained serious injuries as a result of the fall. Plaintiff alleges that the ladder was negligently designed and manufactured by Werner and Green Bull and that Hemet negligently stored and maintained the ladder. On 6/20/19, Plaintiff filed his Complaint. He asserts two ca...

Excerpt: ...tions within 30 days of this order. The motion as to request for admissions admitted is granted only as to those responses that included an objection. The requests for sanctions are denied. Factual and procedural background: The complaint asserts 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 § 17...

Excerpt: ... 3/29/22, Sapporo served form interrogatories, requests for admission (FFAs), and requests for production of documents (RFPs) on Dr. Mobin. He responded on 5/13/22. In three separate motions, Sapporo now moves for orders compelling further responses. It also seeks sanctions of $1,090 on the motion about interrogatories (2.5 hours meeting and conferring and on the motion, 2 hours on a reply and a half hour at hearing, all at $200/hour, plus a $90 ...

Excerpt: ...shoulder, blocking all of lane 4 and partially obstructing lane 3 to avoid a prior accident. Plaintiff alleges the semi‐ truck was not disabled or inoperable, and that Esquibel did not turn on the semi‐truck's emergency lights or place emergency reflectors on the roadway to make the semi‐truck visible to oncoming traffic, and the stretch of highway on which the collision occurred does not have any lights illuminating the roadway. Plaintiff ...

Excerpt: ...iates 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 demurrers as to the 1st through 5th causes of action, on 3/7/22, Defendant filed the Second Amended Cross‐ Complaint (SACC) for: (1) br...

Excerpt: ...amended and recently, on 7/29/22, the demurrer was sustained allowing 20 days leave to amend the First Amended Complaint. The present motion is a motion to compel plaintiff's further deposition and is brought by Bogh Engineering, Mark Bogh, Jon Robinson, and Arch Insurance (collectively, “defendants”). Defendants argue that at plaintiff's deposition he refused to answer questions about a chronology he prepared regarding the events that occurr...

Excerpt: ...d 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 12/18/20, Plaintiff served a government tort claim on the City pursuant to the Government Claims Act, the address of the property was stated as 6627 Well Spring St., Eastvale. The City investigated and rejected Plaintiff'...

Excerpt: .../18, Plaintiff was operating her boat on Lake Havasu, California. Plaintiff alleges that a boat driven by Defendant approached her boat at an extremely high rate of speed causing water to spray into Plaintiff's boat. Plaintiff alleges that she suffered serious eye injuries as a result. Plaintiff filed her Complaint for Personal Injuries and Property Damage on 11/23/20 and the operative First Amended Complaint (FAC) on 5/2/22. Plaintiff asserts tw...

Excerpt: ...“Jane Doe” Mrs. Munoz (refused first name), wife/person in charge, description: Hispanic, Female, 40+ yrs old, 5'7'' tall, 170+ lbs., Brown hair” at 5870 Campero Dr., Riverside, CA 92509, on 10/7/19. (Tapper Decl. ¶ 7, Ex. A.) On 10/7/19, Plaintiff also mailed a copy of the summons and complaint to Defendant at the same address. (Id.) On 11/27/19, after receiving no response to the Complaint, Plaintiff filed a request for entry of default....

Excerpt: ...s that Defendant negligently struck Plaintiff's vehicle, causing her injuries. (Compl. ¶ 3.) Plaintiff alleges that “[she] has necessarily suffered loss of earnings, and [she] will continue to suffer such loss for an indefinite time in the future, and [her] earning capacity in the future has been greatly reduced[.]” (Id. at ¶ 6.) On December 14, 2021, County of Riverside filed a Complaint against Defendant for subrogation of claims paid in ...

Excerpt: ...canceled this cruise 30 days prior to the cruise, which resulted in a cancelation penalty in the form of a partial fare forfeiture and refund of the remaining, non‐penalty amount, pursuant to the Passage Contract which governed his purchase and booking of the cruise. Defendant, however, applied its “Book with Confidence” policy, and converted Plaintiff's cancelation penalty into future cruise credits, or FCCs, for Plaintiff to use toward a ...

Excerpt: ...“Defendants”) entered into a settlement (the “Settlement”) in open court on 1/15/19. As reflected in the transcript of the 1/15/19 proceedings, the parties agreed as follows: Defendants to pay $45,000 to Plaintiff within 30 days; Plaintiff to remove Mechanic's Lien and Lis Pendens within 7 days following payment; agreement to include Civ. Code § 1542 releases and the court to retain jurisdiction in accordance with CCP § 664.6; and Plain...

Excerpt: ...matter prior to trial and entered into a Binding Term Sheet for the transfer of the Black Duck property. The enforcement of the Binding Term Sheet has been the subject of two motions to enforce settlement, with each side disputing whether the agreement should be enforced and the terms. On 5/10/22, this court denied the second motion of Mark and Kim Wynne (hereafter, “Mark Wynne Parties”) to enforce settlement under Code of Civil Procedure (CC...

Excerpt: ...und: Plaintiff filed his complaint in this personal injury action on 6/8/21. On 4/28/22, Plaintiff served Defendant with written discovery, including Requests for Admission (Set One) (“RFAs”). Plaintiff granted a one week extension. On 6/3/22, Defendant served unverified responses and indicated that a verification would follow. By email dated 6/14/22, Plaintiff's counsel inquired when a verification would be provided. Defense counsel provided...

Excerpt: ...e first amended complaint (“FAC”) on June 30, 2021 against defendant Starbucks Corporation (named as Starbucks Corporation and Starbucks Coffee Company) (“Defendant”). Plaintiffs allege that on April 16, 2018, Maria and her son, Aaron, were walking by a Starbucks location in Corona when a table umbrella became dislodged from the holder by a gust of wind, flew through the air and struck Maria. (FAC, ¶¶ 8‐ 9.) The FAC sets forth three c...

Excerpt: ...onsider the opposition of Plaintiff as permitted by Kapitanski v. Von's Grocery Store (1983) 146 Cal. App. 3d 29, 32. Moving party filed its Reply Brief and related documents in reply on 7/29/22, which provided comment on the opposition. Moving party's objections to Plaintiff's declaration, deposition testimony are overruled. Factual and procedural background: Plaintiff Denise Marin alleges that she worked as a warehouse associate from 7/22/19 un...

Excerpt: ...rocedural background: Elias, Elliott, Lamp, Fehn, Harris & Nguyen, A Dental Corporation (“Plaintiff”) does business under the fictious business name Riverside Dental Group. It brings this lawsuit against Ronald Abaro Dental Corp. (“Defendant”). Defendant does business under the fictitious business name Riverside Dental and Orthodontics. Plaintiff contends that Defendant's fictitious business name, which was registered after Plaintiff's, c...

Excerpt: ...aint ¶13.) Plaintiff worked as a traffic director and waste recycling officer assigned to two different landfills – Desert Oasis near Desert Hot Springs/Blythe and Bad Lands in Moreno Valley. (FAC ¶13.) Plaintiff alleges that toxic and dangerous chemicals were released and improperly disposed of on March 17, 2020. (¶13.) Plaintiff told Rapid Recovery in Corona, the outside company hired by the County to handle Page 3 of 6 improperly disposed...

Excerpt: ...omplaint was filed on 6/1/20. After being given leave to file a cross‐complaint, Defendant filed a cross‐complaint and then a First Amended Cross‐Complaint (FACC). The FACC alleges causes of action for: (1) intentional interference with prospective economic advantage; (2) negligent interference with prospective economic advantage; (3) unfair business practices in violation of Business & Professions Code §17200, et seq; (4) breach of contra...

Excerpt: ... the school district. Once the burden shifted to Plaintiff to demonstrate that a triable issue of material facts exists as to the issue of whether Plaintiff's reliance was reasonable and foreseeable, Plaintiff has failed to meet that burden. Factual and procedural background: Defendant Class Leasing, LLC, moves for summary judgment on the Complaint. The Complaint alleges a single cause of action against Defendant for promissory estoppel. Plaintif...

Excerpt: ...upplemental declaration of counsel filed on 7/20/22 shows that the demurring attorney requested a meet and confer conference , which resulted in a scheduling of a time certain. When moving party counsel called he was informed plaintiff's counsel was at lunch Page 6 of 7 and would call back. Moving party counsel called two days following and was told the same time but plaintiff's counsel never returned the call. Factual and procedural background: ...

Excerpt: ...aside default was filed (5/27/22), the court entered default judgment against Defendant (6/6/22). In this motion, Defendant contends that counsel was informed about this lawsuit in May 2021. He did not think that he was being informed about a new lawsuit because the name of the Plaintiff in this matter is similar to the name of a plaintiff in another matter brought against Defendant. Due to this, Defendant contends that default should be set asid...

Excerpt: ...s against various cross‐defendants including moving Cross‐Defendant State Farm. Defendants contend they were insured by State Farm and that State Farm has failed to make any effort to investigate the claim or make appropriate payments to vendors including Plaintiff. Defendants contend State Farm maladjusted the claim, and after Plaintiffs demanded appraisal under the insurance policy, State farm obstructed an interfered with the appraisal pro...

Excerpt: ...Breach of Implied Warranty—Magnuson Moss Warranty Act; 3. Song‐Beverly Consumer Warranty Act; 4. Song‐ Beverly Consumer Warranty Act. Plaintiff filed a conditional Notice of Settlement of Entire Case on 4/21/22. Plaintiff now brings a motion to enforce the settlement under CCP § 664.6. Plaintiff argues that on 4/18/22, she accepted VW's offer to repurchase the vehicle, which offer had been made in a letter from VW to plaintiff's counsel. D...

Excerpt: ...cement of the arbitration agreement or that it is a third‐party beneficiary of the sales contract. The court, further, finds that the authority cited by Nissan for enforcing the arbitration agreement is distinguishable and not binding. (See Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 490.) Factual and procedural background: Plaintiffs purchased a used 2016 Nissan Quest (“subject vehicle”) that was manufactured by defendant Nissan Nor...

Excerpt: ...f $1,200 against Plaintiff and her counsel of record. Factual and procedural background: Plaintiff Michelle Abarca alleges she was wrongfully terminated from her employment as an assistant manager of Foot Locker. Plaintiff filed her Complaint on 5/5/21, alleging 14 causes of action for pregnancy discrimination and Labor Code violations. Page 4 of 14 On 8/31/21 Defendant served Requests for Production, Set One on Plaintiff. Plaintiff served respon...

Excerpt: ...the owner of the subject property, even though title to the subject property is held in the name of his wife, defendant Demarus Lacatus (“Lacatus”). Borsa signed the Purchase Agreement on behalf of Lacatus. The terms of the Purchase Agreement included a purchase price of $700,000 (later modified to $695,000) and with a close of escrow date of 7/14/21. Plaintiffs were to deposit $50,000 with the remaining funds to be financed through a Small B...

Excerpt: ...about Plaintiff's claims pre‐ litigation. (Id.) On 2/18/19, Plaintiff received payment of $13,188.05 for his property damage arising from the subject incident from Geico, his insurance carrier. (Id. at ¶ 4.) On 5/1/19, Topa paid property damage policy limits of $10,000.00 in full to Geico pursuant to Geico's subrogation demand. (Id.) In May and June of 2020, Topa offered bodily injury policy limits of $15,000.00 to Plaintiff, which was rejecte...

Excerpt: ... and third causes of action alleged in the First Amended Complaint (“FAC”) after the Court's sustaining in part and overruling in part the demurrer of Defendant Araceli to the original Complaint. In its ruling on the previous demurrer, the Court sustained the demurrer with leave to amend as to the second, third, and seventh causes of action for (1) breach of implied covenant of good faith and fair dealing, (2) promissory estoppel, and (3) int...

Excerpt: ...imination brought by plaintiff Sarrah Dickerson (“plaintiff” or “Dickerson”) against her employers, defendants Luxottica of America, Inc. (“Luxottica”), Luxottica U.S. Holdings Corp. (“Luxottica Holdings”) (collectively, “defendants” or “Luxottica”), and California Lenscrafters Sublease, Inc. (“Lenscrafters”), as well as Victoria Lopez (“Lopez”). Defendant now moves to compel arbitration of the dispute against them...

Excerpt: ...ion defects that Defendant was aware of and failed to disclose. Despite numerous repair attempts starting 5/25/17, Plaintiff continues to experience many of the same issues caused by the defective transmission. Plaintiff filed the Complaint on 3/2/22, alleging 1) breach of implied warranty of merchantability; 2) breach of express warranty; and 3) fraudulent inducement – concealment. Defendant demurs to the third cause of action for fraudulent i...

Excerpt: ...g lived in a house that was owned by the Church. On 2/6/21, Plaintiff filed her Complaint. She asserts two causes of action for: (1) General Negligence and (2) Strict Liability—Dog Bite. Plaintiff now moves for leave to file a first amended complaint (FAC) to add Antonio Reza, Sr. as Doe No. 2 and to assert new causes of action for Premises Liability and Vicarious Liability. Plaintiff asserts that she discovered the facts giving rise to the ame...

Excerpt: ...nd: Plaintiff, Renova Energy Corporation (Renova) filed a complaint to seek collection of money owed on installation of solar energy system at a residence owned by Defendant, Brian Conway (Conway). Conway filed a cross‐complaint against Renova contending that its work was significantly defective causing Conway damages. Trial on this case is set for 7/29/22. On 5/4/22, Cross‐Defendant Renova filed a motion to bifurcate trial of its affirmative...

Excerpt: ... 5/5/21, alleging 14 causes of action for pregnancy discrimination and Labor Code violations. Defendant first served a deposition notice on Plaintiff on 2/1/22 for a deposition to occur on 2/28/22. Plaintiff failed to appear for her deposition four times, despite mutually‐agreed upon dates and multiple meet and confer efforts. Defendant moves to compel Plaintiff's deposition and seeks sanctions in the amount of $2,100. Plaintiff opposes, arguin...

Excerpt: ...ainst Walmart, and strict product liability and negligent product liability causes of action against all defendants. (Id.) On 4/22/22, Plaintiff dismissed Walmart from her strict product liability and negligent product liability causes of action. On 5/3/22, Walmart filed its Answer to Plaintiff's FAC. (ASSUF ¶ 5.) The following facts are undisputed. On 9/3/18, Plaintiff went to the Walmart Auto Care Center for an oil change. (Id. at ¶ 6; Pl.'s ...

Excerpt: ...leged in the SAC are sufficiently certain. Factual and procedural background: Plaintiff Sharon Lazzarini (“Plaintiff”) was employed by Defendant Alvord Unified School District (“Defendant” or “District”) as the La Sierra High School's Activities Director/Associated Student Body Advisor (“ASB”) for 25 years. Plaintiff contends that beginning in 2015, District employee Irene Werley (“Werley”) and parent Malina Perez (“Malina�...

Excerpt: ...fting provisions, such as the Song Beverly Consumer Warranty Act. Factual and procedural background: On 4/24/19, Plaintiff purchased a new 2019 Chevrolet Silverado (“Subject Vehicle”) from Defendant Moss Bros Chevrolet, Inc. (“Moss Bros”). The Subject Vehicle was manufactured or distributed by Defendant General Motors, LLC (“GM”). The Subject Vehicle was subject to express warranties provided by GM. During the warranty period, the Sub...

Excerpt: ...erside. Plaintiff Gerardo Mora Aguirre is the owner of plaintiff GMA Flooring Construction Inc.(GMA), which did the work on the house. The first amended complaint (FAC), which was filed on 1/11/22 in lieu of opposing a demurrer, admits that GMA does not have a contractor's license. The FAC pleads causes of action for breach of oral contract, open book account, account stated, reasonable value of goods, and fraudulent inducement. It frames the rem...

Excerpt: ...t this involves the same lease. The opinion was based on Illinois law, not California law. At best, it is persuasive authority, but as Defendant fails to provide a comparison of Illinois law with California law, there is no reason to take judicial notice as it is currently irrelevant. Factual and procedural background: On 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20,...

Excerpt: ...ackground: On 7/17/19, Plaintiffs purchased a used 2016 Nissan Quest (“subject vehicle”), which they allege is considered a “new” vehicle under the Song‐Beverly Consumer Warranty Act (“Song‐Beverly”). The subject vehicle had 39,476 miles when plaintiffs purchased it and cost them $36,946.24. Plaintiffs allege they received written and implied warranties from Defendant Nissan North America, Inc. (defendant or Nissan) along with the...

Excerpt: ...imes, including periods after the corporation, with whom, the lease named, had dissolved. On 2/22/22, Plaintiff filed a complaint alleging the following causes of action: (1) breach of contract, (2) forcible entry under C.C.P. § 1159, (3) forcible detainer, (4) constructive eviction, (5) trespass, (6) premises liability, and (7) negligence. Defendant, Merchant's Financial Guardian, Inc., (Merchant) demurrers as to the seventh causes of action on...

Excerpt: ...f the subject property and that the property could not be partitioned by division due to the City's judgment lien. On Page 4 of 5 5/29/18, the Court entered judgment and ordered that the property be sold by partition. The Court appointed Matthew L. Taylor as the partition referee (“Referee”). On 6/14/18, Defendant filed a Notice of Appeal, which was denied. Despite the judgment, Defendant and her son, James remained in possession of the prope...

Excerpt: ...ction: (1) For Perceived and/or Mental Disability Harassment in Employment; (2) For Perceived and/or Mental Disability Discrimination in Employment; (3) For Perceived and/or Mental Disability Retaliation in Employment; (4) For Violation of the Family Rights Act; (5) For Failure to Pay Wages/Overtime Compensation; (6) For Rest Period and Break Violations; (7) For Violation of Labor Code §§232.5, 6310, 6400 (unsafe workplace); (8) Violation of Ca...