Excerpt: ...hat he was not permitted to take bathroom breaks. As a result, Plaintiff allegedly developed abdominal pain. Plaintiff alleges that he sought medical treatment and was diagnosed with an intestinal disorder related to his inability to use the bathroom during working hours. Plaintiff requested an accommodation to have access to a toilet at all times. Plaintiff alleges that Defendant refused to accommodate. Plaintiff, who was 60-years old at the tim...

Excerpt: ...requested a two-week extension, but then on 7/11/22 served objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demandng code compliant verified further responses. (ld., 7.) After obta-ning another two-week extension, Plaintiff served verified responses on 8/9/22 and produced 13 pages of Bates labeled documents. (ld., '1 11-12, Exh. 3.) On 8/26/22, Tilt met and conferred as to the substantive responses and requested f...

Excerpt: ...anty, from Defendant. (Complaint, "14, 7.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendant was unable to repair. (See Complaint generally.) The Complaint sets forth causes of achon for: (1) Violation of Song-Beverly Act, Express Warranty; (2) Violation of Song-Beverly Ac...

Excerpt: ...sing her to suffer complications. She later learned her ureter had been cut during the procedure. As to defendants Mary C. Gentle, M.D. ("Gentile") and Jason Desadier, D.O. ("Desadier"), Plaintiff alleges they provided care and treatment to her followng the surgery and failed to diagnose the condition. Plaintiff filed the Complaint on February 2, 2022, alleging a single cause of action for medical malpractice. Evidence supporting the motion: Plai...

Excerpt: ...his First Amended Complaint eight causes of action for 1) whistleblower retaliation, 2) retaliation Gov. Code 512940(h), 3) retaliation Labor Code "98.6, 96(k), 4) failure to prevent discrimination, harassment and retaliation, 6) wrongful termination in violation of public policy, 7) wrongful termination in violation of Gov. Code #12940, et seq„ and 8) UCL violations. Defendant California Department of Correctons and Rehabilitations (COCR) demu...

Excerpt: ...gers"), an employee and officer of Plaintiff, took funds from Plaintiffs checking account without its consent and transferred $182,25003 from Plaintiff's checking account to Berger Harrison, APC's ("Berger Harrison") client trust account. Out of these funds, $99,067.26 were inappropriately used for Collura related purposes. Some of these funds were also given to Rogers. The complaint contains one cause of action for conversion of funds. Default w...

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