Excerpt: ...nder which the four of them would equally own defendant Green America, Inc. and its cannabis dispensary business. (Additional factual allegations are described below.)There are two separate cross‐complaints in this action. The issue before the court today Page 5 of 6 is the Second Amended Cross‐Complaint (SACC) filed 8/20/21 by defendant/cross‐complainants Green America, Inc. The SACC alleges causes of action for (1) declaratory relief, (2)...

Excerpt: ...caused Plaintiff harm. Defendant Big Air Corporate owns the franchise facilities. Defendants Fun Spot I and Fun Spot II design, manufacture, etc. the trampoline park products. Plaintiff filed this action on 12/28/20. After Defendants demurred and moved to strike, Plaintiff filed a First Amended Complaint as a matter of right on 6/22/21. Defendants thereafter successfully moved to strike the FAC and Plaintiff filed the operative Second Amended Com...

Excerpt: ...430.41 and 435.5(a). Factual and procedural background: Plaintiff Anabel Robles worked as an Assistant Manager for Defendant Noah's Ark Group Home for three years prior to her alleged wrongful constructive termination in January 2020. Plaintiff suffered from anxiety, depression, and associated conditions. Plaintiff alleges Defendants did not keep adequate time records, did not pay Plaintiff for overtime work, falsified paychecks, did not provide ...

Excerpt: ...��paid body shop technician. Plaintiff alleges that he regularly worked more than eight hours per day and forty hours per week without overtime pay, that he was not provided meal and rest breaks or premium pay. He filed his complaint on 4/1/21, stating causes of action for: (1) Failure to Pay Overtime; (2) Inaccurate Wage Statements; (3) Failure to Pay for Rest Periods Not Provided; (4) Failure to Pay for Meal Periods Not Provided; (5) Failure to...

Excerpt: ...ically dangerous condition. On the shift, Plaintiff has not presented evidence of triable issues of material fact. Factual and procedural background: This is personal injury action. Plaintiff, Sariah Garcia, a minor, through her guardian ad litem, Laura Navarro (“plaintiff”) brings this action against defendant Home Depot USA, Inc. dba The Home Depot (“defendant” or “Home Depot”) for injuries resulting from a dangerous condition at de...

Excerpt: ...1951.4) and (2) rescission based on fraud and failure of consideration (Civil Code §1689(b)(1)‐ (2)). On 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20, Defendant breached the lease by failing to pay the rent. On 8/11/21, Defendant filed a cross‐complaint against Plaintiff for: (1) breach of written contract— force majeure; (2) breach of written contract—repre...

Excerpt: ...Jones argues that the attorney‐client privilege applies, and as the client, they preclude McKernan from testifying. Plaintiffs/CrossDefendants oppose the motion contending that McKernan also represented them, as they both spoke with McKernan to obtain legal advice. Sanctions are requested. On 8/10/21, an order was issued continuing the hearing to 10‐13‐21. Further, that at the deposition of McKernan, if the parties come to an agreement rega...

Excerpt: ...ground: Plaintiff, Paul Dunn, alleges that on 12/2/17 on the 91 freeway in the City of Corona, Defendant, Joanna Evonne Porraz (Porraz), caused her vehicle to collide with Plaintiff's vehicle causing him injuries and damages. Plaintiff filed his Complaint on 11/20/19 alleging a single cause of action for negligence. On 12/9/20, Porraz served Plaintiff with a Demand for Orthopedic Physical Medical Examination (DME), which was noticed for 3/17/21. ...

Excerpt: ...miums for workers compensation which were allegedly not paid. Plaintiff alleges it is the assignee of the State Compensation Insurance Fund and is suing for unpaid insurance premiums in the amount of $30,107.90 for workers compensation under Policy No. 9215976‐18, which were due on 10/27/20. Plaintiff sues defendants for the unpaid premiums. Plaintiff argues it served special interrogatories on Timothy Boyes on 6/21/21, which were accompanied b...

Excerpt: ... not relevant because the hourly rates to be approved by this court is the reasonable hourly rate charged by attorneys of similar skill and experience in the relevant community. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) Evidentiary Objections: Defendant's evidentiary objections are sustained as to nos. 1‐33 and overruled as to nos. 34‐35. Rates approved in other courts outside of Riverside County are not relevant. Plaintiffs...

Excerpt: ...‐parties, George Wei and Johnny Liao, were employees of Plaintiffs working as purchase managers, but abruptly resigned in July 2017. Defendant, Ying Zhang (the wife of Defendant Hsieh), used Plaintiffs' trade secrets of their supplier list and pricing strategies, and created sham companies to purchase scrap materials and resell to Plaintiffs for secret profits. Plaintiffs obtained a judgment from Los Angeles County Superior Court for approximat...

Excerpt: ...scission based on fraud and failure of consideration (Civil Code §1689(b)(1)‐ (2)). On 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20, Defendant breached the lease by failing to pay the rent. On 8/11/21, Defendant filed a cross‐complaint against Plaintiff for: (1) breach of written contract— force majeure; (2) breach of written contract— representations, warra...

Excerpt: ...lization for a fractured right femur, he was admitted to Defendant's skilled nursing facility for care. He alleges that he was immobile and completely dependent on the staff for assistance with his basic needs and activities of daily living which Defendant failed to provide. Further, despite knowing Plaintiff was at high risk of developing pressure wounds and other skin integrity issues, Defendant failed to provide adequate care and treatment, in...

Excerpt: ..., as joint tenants. On 6/12/19, the Court entered a judgment against Stevenson stating that Carlton is a tenant in common with a 50% ownership interest in the subject property. Defendant, Stevenson, brings this motion to vacate the default judgment entered on 3/11/21 pursuant to CCP § 473(b) and equitable grounds. Stevenson asserts that his Answer was stricken after his former counsel (Gordon Dayton) failed to appear at three trial setting confe...

Excerpt: ...er the applicable code sections defendant has materially breached the arbitration agreement between the parties and has waived the right to arbitrate. The court further finds that the California requirements for prompt payment of fees for the arbitration are not preempted by the FAA, are not unconstitutional, and do not violate contracts clauses in either the California Constitution or U.S. Constitution; the court finds, to the contrary, that the...

Excerpt: ...212 Cal.App.4th at 686; Birl v. Heritage Care, LLC (2009) 172 Cal.App.4th 1313, 1319‐21.) Factual and procedural background: Plaintiffs Marquetta Mister (“Mister”) (individually and as successor in interest to Brenda Ferguson), Michelle Nelson, Ebony Bowles, Gregory Bowles and Dontae White (collectively, “Plaintiffs”) filed the complaint in this action on June 16, 2021 against defendants CalOaks Care Group, Inc. dba CalOaks Senior Livin...

Excerpt: ...ourt further finds that the California requirements for prompt payment of fees for the arbitration are not preempted by the FAA, are not unconstitutional, and do not violate contracts clauses in either the California Constitution or U.S. Constitution; the court finds, to the contrary, that the prompt payment of fees under the applicable code sections fosters the goals under federal statutory and case law of “achiev[ing] streamlined proceedings ...

Excerpt: ...212 Cal.App.4th at 686; Birl v. Heritage Care, LLC (2009) 172 Cal.App.4th 1313, 1319‐21.) Factual and procedural background: Plaintiffs Marquetta Mister (“Mister”) (individually and as successor in interest to Brenda Ferguson), Michelle Nelson, Ebony Bowles, Gregory Bowles and Dontae White (collectively, “Plaintiffs”) filed the complaint in this action on June 16, 2021 against defendants CalOaks Care Group, Inc. dba CalOaks Senior Livin...

Excerpt: ...t on 5/4/21 alleging that the conditions of Plaintiff's unit and the complex as a whole were uninhabitable. Plaintiff contends that Defendants knew that they were uninhabitable and did not care to fix the conditions despite notice by the Plaintiff and the City of San Jacinto. By this Motion, Defendants seek to strike Plaintiff's claims for punitive damages as the allegations of the Complaint do not rise to the level of fraud, malice or oppression...

Excerpt: ...vehicle exhibited “defects, nonconformities, mis‐adjustments, and malfunctions relating to the engine and transmission.” His operative First Amended Complaint alleges the following: (1) Violation of Civil Code §1793.2(d); (2) Breach of Express Warranty Obligations; (3) Breach of Implied Warranty Obligations; (4) Violation of Consumer Legal Remedies Act (Civil Code §1750 et seq.) Plaintiff served his second set of discovery on 5/24/21. Def...

Excerpt: ...ally available for completion of Ms. Moreno's deposition and Defendant's counsel was directed to obtain a confirmation date from Ms. Moreno. Counsel are to report the date for which the deposition took place or is confirmed and whether Page 3 of 5 issues on this motion have been resolved. The following tentative is made, in the event, that the issues regarding the production of documents has not been resolved. The majority of the over 126 request...

Excerpt: ... to those that pertain to 2019 Mercedes‐Benz CLA 250 vehicles (the same year, make, and model as the subject vehicle) in California. Factual and procedural background: Plaintiff purchased a new 2019 Mercedes Benz CLA 250 purchased on 1/4/20. She alleges that the vehicle has a small burning smell from the air conditioner system, shuddering at acceleration and steering/suspension issues. Plaintiff filed her First Amended Complaint on 8/13/21 alle...

Excerpt: ...s B and E as the court may not take judicial notice of the discovery. Denied as to Exhibit H, the Progressive Policy since the Policy is subject to an admission. Moving party is to submit a proposed order. Factual and procedural background: This is an action brought by plaintiff Ronald Adair (“plaintiff” or “Adair”) alleging his 2014 Winnebago R.V. was not repaired after it was vandalized on 8/9/19, and he was not given a written estimate...

Excerpt: ... evidence and lab reports were removed from her desk and placed in the shredding bin, which she believed was an attempt by another employee to destroy evidence. Plaintiff reported the incident to her supervisor, but on 10/22/18, Defendant Page 4 of 8 constructively terminated her when it informed her that if she did not resign, she would be terminated and not find work at any other agency. Plaintiff filed this action on 7/30/19 and filed the Firs...

Excerpt: ...hich required injections and the implantation of a spinal cord stimulator. On 6/30/21, Defendant/Cross‐Complainant Sapporo Seafood, Inc. filed the first amended cross‐complaint (FACC) alleging (1) equitable indemnity; (2) contribution; (3) apportionment of fault; and (4) declaratory relief against Fardad Mobin, M.D. and Parhnam Yashar, M.D (Cross‐Defendants). Sapporo alleges that Cross‐ Defendants Mobin and Yashar treated Plaintiff Oliva ...

Excerpt: ...uesting an order granting default judgment was denied as Defendants had answered. Defendants demurrer. Defendants Donoho, Welker and Tochtrop, Phillips and Anne claim there is no liability for responding to grievances. Defendants Plascencia and Lopez claim their actions were reasonable, there is no liability for mental or emotional injuries of Plaintiff absent a physical injury and the allegations of the Complaint as to these Defendants are insuf...

Excerpt: ...them.” (Complaint, pg. 4, ¶¶1, 6.) Once there, Plaintiff was instructed to work on a machine called an “LS Industries Sandblaster Machine” without ever having formal training to operate such a machine. (Complaint, pg. 4, ¶6.) “Within a few minutes of him working on the machine, it exploded causing serious bodily injuries to Plaintiff including electrical burns, a displaced fracture shaft of the left ulna which required surgery and thos...

Excerpt: ...them.” (Complaint, pg. 4, ¶¶1, 6.) Once there, Plaintiff was instructed to work on a machine called an “LS Industries Sandblaster Machine” without ever having formal training to operate such a machine. (Complaint, pg. 4, ¶6.) “Within a few minutes of him working on the machine, it exploded causing serious bodily injuries to Plaintiff including electrical burns, a displaced fracture shaft of the left ulna which required surgery and thos...

Excerpt: ...arding a protective order to protect third party privacy rights for those involved in other claims against other security guards. Factual and procedural background: Plaintiff is a resident of the Lakes Community in Menifee, California. The Community HOA employs Defendant Securitas to provide security services for the community. On 8/12/19, Plaintiff was assaulted and battered by one of the Securitas guards. The guard was arrested and pled guilty ...

Excerpt: ... that he was employed by Defendant CR&R and that CR&R took adverse actions against him based on his national origin and race. The Complaint was filed on 5/28/21 and alleges causes of action for: (1) National Origin Discrimination; (2) Race/Color Discrimination; (3) Unlawful Retaliation; (4) Failure to Take Steps to Prevent Discrimination/Harassment and (5) Wrongful Termination. Counsel for CR&R, requested that the case proceed to arbitration purs...

Excerpt: ... of the Chino Basin Judgment, which YVWD objects to. The court declines to take judicial notice of the judgment as it is not relevant. That judgment is not binding in this court and has no persuasive value. The requests are granted as to SMMWC's remaining request for judicial notice, pursuant to Evidence Code § 452(b). Factual and procedural background: On 2/20/03, Plaintiff San Timoteo Watershed Management Authority filed this action for an adj...

Excerpt: ...other than the third and twelfth. 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”) engage...

Excerpt: ...el. (CCP §§ 2023.030(d); 2031.320(c); 2030.300(e); 2030.290(c).) Bishop asserts that Plaintiffs' Complaint should be dismissed for their bad faith tactics in discovery. Bishop also seeks sanctions of $990.00 for having to file this motion. On 8/10/21, Bishop filed a declaration indicating that Plaintiffs have paid their monetary sanctions. Plaintiffs oppose the motion on the grounds that Defendants' discovery motions were noticed through tricke...

Excerpt: ...ment and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Evidentiary Objections: Defendant filed 343 evidentiary objections (143 pages). These objections are sustained except for: 1, 7, 8, 25, 44, 52, 70, 80, 81, 82, 97, 109, 111, 123, 198, 236, 239, 242, 246, and 294. The overwhelming majority of the evid...

Excerpt: ...ired title in a Riverside action (RIC 1410237) to which she was not a party to. Defendant Lenders Commercial Finance, LLC obtained its interest from Bank of America. Plaintiff filed the action on 7/24/19 and filed the First Amended Complaint (FAC) as a matter of right on 12/23/19. After the court sustained Defendant Lenders' demurrer to the FAC, Plaintiff filed the Second Amended Complaint (SAC) on 8/24/20. The court again sustained Defendant Len...

Excerpt: ...ctual and procedural background: This is a personal injury action. Defendants move to strike portions of Plaintiff's Sixth Amended Complaint (“6AC”) concerning the claim for punitive damages. The 6AC alleges the following five causes of action: (1) Negligence; (2) Negligence – Motor Vehicle; (3) Negligence Hiring, Supervision, and Retention; (4) Negligent Infliction of Emotional Distress; and (5) Negligent Entrustment. The general allegatio...

Excerpt: ...ackground: This matter was tried by a bench trial and judgment was rendered in favor of Costco on 3/22/21. Costco served a Notice of Judgment on plaintiff by mail on 2/9/21. (See Notice of Judgment or Order filed on 4/22/21.) Costco filed its Memorandum of Costs on 4/26/21. Costco also filed a Judicial Council Notice of Entry of Judgment or Order on 4/26/21, which included as an attachment the Notice of Judgment or Order that had been filed on 4/...

Excerpt: ...edes that it can produce at least some documents in response to these RFPs and thus the current response, stating that none can be produced, is insufficient. Factual and procedural background: This is an employment discrimination action. Plaintiff Diane Castillo alleges that she was employed from August 2017 to March 2020 by defendants Grid Alternatives and Grid Alternatives Inland Empire, Inc., nonprofit organizations specializing in the install...

Excerpt: ...Factual and Procedural Background: Plaintiffs' claims relate to the Division of the State Architect (“DSA”)'s withdrawal of its acceptance of Plaintiff River City Testing (“RCT”) to the Laboratory Evaluation and Acceptance (LEA) program, as outlined in the DSA's 9‐23‐20 letter to RCT, and subsequent emails sent by DSA staffs to RCT's school district clients, advising them of RCT's removal from the LEA program and to discontinue all wo...

Excerpt: ...xpress and implied warranties. Plaintiffs allege that the vehicle was delivered to them with serious defects and nonconformities including engine and fuel pump issues that caused the vehicle to stall unexpectedly while driving. Plaintiffs brought the vehicle in for repairs and for a safety recall for the defective fuel pump. On 9/25/20, they asked Toyota to repurchase the vehicle under the Song Beverly Act, but Toyota made no offer. Plaintiffs fi...

Excerpt: ...ontinually harassed the HOA board and its officers by sending threatening correspondence and filing frivolous lawsuits. (FAC, ¶¶ 9‐ 26.) Defendant filed a general denial on 5‐28‐21. Plaintiff now moves to have Defendant declared a vexatious litigant. Plaintiff argues that Defendant has filed multiple lawsuits that have been finally determined against him, has made repeated attempts to relitigate issues decided against him, has filed unmer...

Excerpt: ...al Background: Plaintiff Steven Cruz, a minor, by and through his guardian ad litem Annette Valenzuela (“Plaintiff”) alleges that on 10‐4‐17, he was bitten by defendant Siherra Cardenas‐Jimenez's (“Tenant”) German Shepard dog at a mobile home park owned and operated by defendant Homewood Realty, Inc. (“Defendant”). Plaintiff alleges Defendant knew Tenant's dog was not allowed to be at the mobile home park yet failed to ensure th...

Excerpt: ...luded leasing facilities for a boat repair shop, preparing boats for competition, and reconditioning boats. (FAC ¶6.) Solis paid for all of the assets for this venture, which totaled over $70,000. (FAC ¶6.) From 2012 to June 2017, Schatz leased warehouse space located at 230 N. Sherman Ave., Eastvale, CA. Solis delivered to Schatz a racing boat and various other boat parts, totaling over $100,000. (FAC ¶7.) At some point, Schatz vacated the wa...

Excerpt: ...r Corona, that had “the Orbit” which caused Plaintiff harm. Defendant Big Air Corporate owns the franchise facilities. Defendants Fun Spot I and Fun Spot II design, manufacture, etc. the trampoline park products. Plaintiff filed this action on 12‐28‐20. After Defendants demurred and moved to strike, Plaintiff filed a First Amended Complaint as a matter of right on 6/22/21. The FAC asserts: (1) strict liability (manufacturing defect); (2) ...

Excerpt: ...Defendant's request. Judicial notice of recorded documents is proper under Evidence Code § 452(d) and (g). The court can take judicial notice of the existence of recorded documents and their legal effect. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐755.) Plaintiff's Evidentiary Objections: Overruled as to Plaintiff's evide...

Excerpt: ...nne Evonne Porraz's (Porraz) vehicle collided with his vehicle on the 91 freeway in Corona causing severe injuries and damages. Plaintiff filed his Complaint on 4‐2‐/21 alleging a single cause of action for negligence. Porraz, brings this motion to compel Plaintiff's deposition because he failed to appear for his properly noticed deposition. (CCP §2025.450.) She asserts that despite the fact that the deposition was noticed four times, Plaint...

Excerpt: ... purchased a new 2017 Ford Fusion (“subject vehicle”) from Farhay LLC dba Lake Elsinore Ford (“Lake Elsinore Ford”), which was manufactured and distributed by defendant Ford Motor Company (“Ford”). Plaintiffs allege the subject vehicle was sold with express and implied warranties and that it had electrical non‐conformities which could not be repaired by defendants. They filed a complaint on 12‐31‐18 alleging the following causes...

Excerpt: ...upta met the standard of care and whether the actions of Dr. Gupta were a substantial factor in causing plaintiff's injuries. (See Undisputed Material Facts Nos. 28‐37.) The motion for summary adjudication is denied for the same reasons. Evidentiary Objections: Defendant's objections to declaration of Dr. Howard C. Mandel are overruled. Factual and Procedural Background: This is a medical malpractice action. On 12‐10‐18, Plaintiff Adria Sno...

Excerpt: ...Department 5. Factual and Procedural Background: Plaintiff was employed by defendant California Cemetery and Funeral Services, LLC (“California Cemetery”) starting February 2015 and his termination in August 2018. He took time off work for hernia repair surgery in April, 2016. He alleges when he returned to work, his doctor placed him on modified/light duty for approximately 3 months. He contends that after his return, he was a target of hara...

Excerpt: ...as not cited any authority indicating that the exhaustion of remedies rule does not apply to summary adjudication orders. Petitioner must exhaust all administrative remedies and wait for a final administrative judgment or order before seeking writ review. Factual and Procedural Background: Real Party in Interest Eva Aguilar (“Real Party”) was employed by the Sheriff's Department (“Department”) of Petitioner Riverside County (“Petitioner...

Excerpt: ...review by counsel be the same date and time for delivery of the subpoenaed documents. The court finds relevant and to be produced are any and all documents, records, writings and films, including, but not limited to, all paramedic and ambulance records, itemized statements of the billing charges, insurance records and claims, medical records, X‐rays, MRI's, a complete list of film and/or digital diagnostic imaging inventory, pathology records, ...

Excerpt: ...dentiary Objections. Court declines to rule on the objection because the matter to which objections were stated were not considered in making the ruling on this motion. Factual and Procedural Background: Plaintiff Jamal Boyce (“Plaintiff” or “Boyce”) was employed by defendant Riverside County (“County”) as a network administrator. Plaintiff alleges that in June 2014, an anonymous email was sent to County employees accusing defendant P...

Excerpt: ...dant Green America, Inc. and its cannabis dispensary business. Plaintiffs allege that after a rough start Green America shut down and then started up against without plaintiffs' involvement, with plaintiffs' names being omitted from the adult use application. Plaintiffs allege that, during this time period, defendant Douglas sold a portion of his shares in the corporation to defendant Jones, who sold shares to defendant Kevin Wolf. Defendant Walt...

Excerpt: ... and now‐dismissed plaintiff Dave Davidson are the owners of lot 4 located in a planned community located in Palm Springs, California and that they are members of the Association governing their community and that the remaining plaintiffs are also owners of lots within the Association and are members of the Association. Plaintiffs allege that defendant Skyline Development Co. (Skyline) became a member of the Association in April 2011 under a pu...

Excerpt: ...2. As part of the Judgment, a Settlement Agreement and CC&Rs were attached and incorporated. The CC&Rs were recorded on 1‐15‐ 03. The Judgment, the Settlement Agreement, and the CC&Rs provide for a Pet Cemetery and that the Pet Cemetery would be maintained in a manner comparable to a human cemetery. (See Judgment, ¶ 14 [“The Pet Cemetery shall be repaired, kept up and maintained pursuant to this Judgment, the [Settlement] Agreement, the CC...

Excerpt: .... Factual and procedural background: Plaintiff, Jonathon Avatefi, alleges that following a motorcycle accident, he was admitted to RCH on August 29, 2018. (FAC, ¶ 9.) Plaintiff alleges that following his admission, RCH staff negligently allowed him to lie in his own feces and failed to timely clean him, which caused Plaintiff to develop sepsis and led to approximately 22 debridement procedures and the removal of tissue and muscle from his back a...

Excerpt: ...und: Plaintiff/cross‐defendant Tiffany A. MacDonald (“Plaintiff”) filed the complaint in this action on 10‐17‐18 defendant/cross‐complainant Ryan David Ousley (“Defendant”). Defendant filed a cross‐complaint on 12‐21‐18. The parties both asserted various claims arising out of the dissolution of their approximately sixteen‐year relationship. On 3‐5‐20, the parties entered into a written Settlement Agreement and Mutual R...

Excerpt: ...s of action. Plaintiff has established a triable issue of material fact regarding pretext, because Plaintiff's termination was based in part on his absences and some of his absences were due to his disability. Denied as to the tenth cause of action. Defendant has failed to meet its initial burden. Denied as to summary adjudication as to punitive damages. There is a triable issue of material fact regarding ratification. Evidentiary Objections: Ove...

Excerpt: ...d. On the Court's own motion the Case Management hearing currently set for 9‐19‐21 is continued 10‐21‐21 at 8:30 a.m., Department 5. Factual and procedural background: Factual and procedural background: Defendants Denholtz own property in Jurupa Valley that they leased to plaintiff Jorge Orozco (“Orozco”). Denholtz allegedly failed to disclose to Orozco (before he entered the lease) that they had an acrimonious relationship with the c...

Excerpt: ...uant to Evidence Code § 452 (d), as to the existence of the documents only. Court files can be judicially noticed, but not the truth of the facts of said documents, unless they are indisputably true. (Evidence Code § 452(d); Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482.) Factual and procedural background: Defendants Denholtz own property in Jurupa Valley that they leased to plaintiff Jorge Orozco (“Orozco”). D...

Excerpt: ...or Judicial Notice: Respondent's request are granted as to the existence of A through J additionally, judicial notice is taken of the contents of B, and D through I. Petitioner's requests are granted as Nos. 1‐ 4. The grants of the respective request as pursuant to Evidence Code § 452 (b), (c) and (h). Page 5 of 9 Factual and procedural background: Petitioner, David Bell, an individual dba Dave's Towing Service alleges he is in the business of...

Excerpt: ...ent on the pleadings as to the third cause of action for fraud and punitive damages on the grounds that they fail to state facts sufficient. It argues the claim is not pled with specificity. It attacks the lack of intent or knowledge of falsity, justifiable reliance, or the basis of a duty to disclose. It also contends the economic loss rule applies. It therefore asserts punitive damages are not supported. Plaintiff contends specificity is not re...

Excerpt: ...rence with their exclusive possessory rights to the land and can recover emotional distress damages in a trespass cause of action. Granted as to Summary Adjudication of the negligence claim. Plaintiffs have stipulated to limit emotional distress damages to the trespass claim and have not presented evidence of any other damages. (Plaintiffs' response to Defendant's Undisputed Material Fact 3.) Plaintiff's Notice of Lodgment filed on 5‐12‐21 in...

Excerpt: ...otion is procedurally improper and Plaintiff otherwise fails to meet his burden. Factual and Procedural Background: The First Amended Complaint (FAC) by Plaintiff Mark Watkins (Plaintiff) against Defendant Karl R. Holt (Defendant or Holt) was filed on 4‐22‐21. Plaintiff alleges that Defendant – after losing a 2013 election to become a board member of the Westward Isle Homeowners Association (the “HOA”) – has continually harassed the H...

Excerpt: ...” by sender, recipient(s), date and time, and purpose of each email. Factual and Procedural Background: This is an employment discrimination action. On 2‐ 4‐21, the court granted Plaintiff's motion to compel further responses to document requests for emails mentioning Plaintiff, and denied Defendants' request for a protective order regarding the same discovery. Defendant provided supplemental responses and responsive documents on 3‐8‐21...

Excerpt: .... Plaintiff's Request for Judicial Notice is denied as to No. 1 and No. 2. Defendant 's Request for Judicial Notice is granted as to Exs. B, C, and D. Request for Judicial Notice: Plaintiff's requests: No. 1 request is of PTL's answer to the complaint. PTL's attempt to file an answer to the first amended complaint was rejected on 7‐27‐ 20 and the answer was not resubmitted, as the court previously advised during the 8‐7‐20 trial setting c...

Excerpt: ...onable. (Goglin v. BMW of North America, LLC (2016) 4 Cal.App.5th 462, 470.) The opposition does not challenge the costs in the amount of $6,798.36, which amount is awarded. Factual and Procedural Background: Plaintiff purchased a used 2011 Kia Optima on 8‐18‐13. He contends that it was delivered with serious defects and nonconformities to Kia Motors America, Inc.'s (“defendant” or “Kia”) warranties, including engine and electrical de...

Excerpt: ...erminating sanctions was heard. It was again brought by Plaintiffs due to Defendants' failure to comply with discovery orders. The Court granted the request for monetary sanctions, but denied the request to strike the answer since discovery responses where provided before the hearing date. This motion was opposed. On 11‐3‐20, the Court heard a third motion for terminating sanctions brought by Plaintiffs against Defendant. This motion was unop...

Excerpt: ...brady Hampton (plaintiff or Hampton) who alleges that he is an African American male and was employed as a personal trainer at defendant Fitness 19 (defendant or Fitness 19) located at 26100 Newport Road in Menifee from 11‐26‐13, until he was terminated 3‐1‐19. Plaintiff alleges he is disabled due to a hip injury suffered in a car accident and defendant failed to accommodate his disability. Plaintiff alleges he was required to lift or mov...

Excerpt: ...ion. C.C.P. § 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. A party...

Excerpt: ...ollowing three causes of action: (1) Negligent Misrepresentation; (2) Fraud‐Concealment; and (3) Breach of Fiduciary Duty. Moving Defendants now move to strike the portions of the Complaint concerning the prayer for punitive damages. The Complaint alleges that, before the closing of escrow in August 2017, the sellers and Moving Defendants informed Plaintiff about the limited problems with the roof that had been repaired and that there was a 10�...

Excerpt: ...m LLC (PTL) on Plaintiffs' demand for punitive damages. The court, after determining that Plaintiffs sufficiently set forth a survival claims – found that while Plaintiffs raised a triable issue of material fact as to whether PTL knew or should have known that Lopez was unfit to drive a tractor trailer, Plaintiffs failed to submit any evidence that an officer, director or managing agent of PTL had advance knowledge of Lopez's unfitness but empl...

Excerpt: ...ds that she was acting on behalf of The Blue Sky Institute, LLC (“Blue Sky”) when she purchased the property. Chicago Title Company (Chicago Title) acted as the escrow company for the purchase. When Chicago Title prepared the deed for the purchase, it allegedly failed to include all of the lots on the deed (two were left off). A month after Kuan purchased the property, she conveyed the property to Blue Sky. Approximately four years later, Chi...

Excerpt: ...nd procedural background: On 10‐8‐20, West Coast then filed a cross‐complaint against plaintiff Mike Davis. The cross‐ complaint alleges that in 2001 Jeff Davis formed an equipment rental company known as Pacific High Reach and Equipment Services, Inc. (Pacific Equipment), with Flanagan and Lynn Ladenes (Ladenes) becoming shareholders in Pacific Equipment. The cross‐complaint alleges that Jeff Davis (Jeff Davis) then hired his father, M...

Excerpt: ...tem (“Hospital”) under the custody of Defendant County of Riverside (“County”). Decedent also suffered from narcotics addiction. On May 4, 2020, Decedent was admitted to the Hospital under the custody and care of the County for psych evaluation and 14‐day hold. On May 22, 2020, Decedent was referred by the County to a facility operated by Defendant Social Science Services, Inc. dba Cedar House Life Change Center (“Cedar House”). In ...

Excerpt: ...ndant Bigge: Paragraphs 60, lines 1‐2; 64, lines 1‐2; 84, lines 6‐7; Paragraph 3 of prayer, line 18. Factual and procedural background: On 8‐22‐17, Defendant Kiser (Kiser), while driving a Ford F250 owned by Defendant Bigge, struck Plaintiff Powers who was on his motorcycle, along with his passenger, Plaintiff Bates. Plaintiff alleges Kiser had medical issues that he was receiving treatment that included but was not limited the taking o...

Excerpt: ...tor Vehicle Lease Agreement (“Lease Agreement”). Plaintiff is the lessee and the dealership, Walters Auto Sales & Service, Inc., the lessor. MBUSA did not sign the lease agreement. Plaintiff alleges that after leasing, he delivered the vehicle for repairs on at least three occasions for certain defects and nonconformities in the vehicle, but MBUSA or its authorized repair facility failed to conform the vehicle to the applicable warranties eve...

Excerpt: ... Variance. On 7‐30‐20, Petitioner's learned of the rehearing. They submitted written opposition. A revised variance was granted on 9‐17‐20. The revised variance included detailed information regarding the appeals process and that specifically, the appeal was to be filed within ten calendar days. Petitioner had the appeal information because they sent an email dated 9‐27‐20, to Riverside City Councilmember Erin Edwards stating that “...

Excerpt: ...5‐ 4‐21 order directing the parties to meet and confer, the court specifically noted: “The court will not accept further briefing.” A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of ...

Excerpt: ...m work for 15 days and given a warning notice: “You received a written warning on August 29, 2018 regarding your unacceptable attendance record. Since that time you have continued to have an unacceptable attendance record. As a result, you have been placed on a fifteen (15) days suspension and you are hereby warned that further attendance problems will result in your termination. This is your Last and Final warning.” (A.R., p. 63.) Petitioner...

Excerpt: ...ncomplete, or evasive, or an objection in the response is without merit or too general. (CCP §§2030.300, 2031.310, 2033.290.) Unless notice of the motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP §§ 2030.300(...

Excerpt: ...ment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once this burden has...

Excerpt: ..., by signing a California Motor Vehicle Lease Agreement (“Lease Agreement”). Plaintiff is the lessee and the dealership, Walters Auto Sales & Service, Inc., the lessor. MBUSA did not sign the lease agreement. Plaintiff alleges that after leasing, he delivered the vehicle for repairs on at least three occasions for certain defects and nonconformities in the vehicle, but MBUSA or its authorized repair facility failed to conform the vehicle to t...

Excerpt: ...property; and, inspect, copy, test, or sample electronically stored information. (CCP § 2031.010(b)‐(e).) Tangible things that are subject to inspection include “other property”, or “object[s] or operation[s]” under CCP § 2031.010(c), (d), but these terms are not defined. As with other discovery methods, only matters within the scope of CCP § 2017.010, and subject to the restrictions in CCP § 2019.030(a), may be inspected, copied, t...

Excerpt: ...Request for Judicial Notice of Exhibits 10 and 18 is granted pursuant to Evidence Code Section 452(c). Defendant's Evidentiary Objections to Declaration of Pat Norris: Sustained as to Nos. 1, 5 – 16 and overruled as to Nos. 3 and 4. Defendant's Evidentiary Objections to Declaration of Dickie Wrightsil: Sustained as to Nos. 1, 2, 4 – 7 and overruled as to Nos. 3. Facts and procedural background: Plaintiff Dickie Wrightsil is a member of Defend...

Excerpt: ...z and Brenda Denholtz, own property located at 8669 Limonite Avenue, Jurupa Valley, CA (8669 Limonite) that they leased to Plaintiff, Jorge Orozco on 6‐5‐20 (a second lease was entered on 6‐30‐20.) Plaintiffs' have directed subpoenas to the City of Jurupa Valley and to the County of Riverside. The deposition subpoena directed to the County seeks “all” documents “of any and all property in Riverside County held and/or owned by” Def...

Excerpt: ...ted by inadmissible hearsay evidence. Respondent maintains that Petitioner failed to exhaust his administrative remedies prior to filing the Petition, thereby barring his claim. On the merits, Respondent contends it provided the statutorily required notice of the accusation and the hearing, and that the DRE Decision is supported by substantial admissible evidence, which showed Petitioner violated numerous provisions of the Real Estate Law and reg...

Excerpt: ... of discretion is established if the [agency] has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Ibid.) The scope of review of supporting evidence for abuse of discretion depends on whether the decision substantially affects a fundamental vested right. (CCP § 1094.5(c); JKH Enterprises, Inc. v. Department of Industrial Relations (2006) 14...

Excerpt: ...otion: All American appears to have been properly served with the Motion. All American contends that it was not properly served with the Motion for reason Plaintiff filed a Notice of Taking Motion to Compel Hearing Off Calendar on 4‐8‐21. That notice applied to motion filed 3‐12‐21, which Plaintiff took off calendar. Plaintiff refiled her motion and All American was served with this motion and filed its Opposition. As to the motion to com...

Excerpt: ...e court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” There are two forms of relief: mandatory or discretionary. (CCP §473(b).) Relief is mandatory if based on attorney fault and the court must set aside the entry of default, default judgment or dismi...

Excerpt: ...nney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) A special demurrer, other that subsections (a) & (e) of section 430.10, on the other hand, attacks the complaint on other grounds, such as uncertainty, misjoinder, lack of legal capacity or failure to identify the contract as oral, written, or implied by conduct. The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d...

Excerpt: ...a.m., Department 5. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., §430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal. 3d 120,125.) The court assumes the truth of all material facts which have been pro...

Excerpt: ...if it is contended that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production ...

Excerpt: ...ailed to meet its burden of producing controverting evidence to show that a triable issue of fact exists. RCA's Requests for Judicial Notice: Granted. As to Exs. A and B, pursuant to Evidence Code (Evid. Code) §452(c) the court may take judicial notice of “Official acts of the legislature, executive, and judicial departments of…any state of the United States.” (Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904, 926, fn. 1; Mounge...

Excerpt: ...ment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authorized by the court's order. The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend.” Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023. Defendant District seeks to strike the first,...

Excerpt: ...l acts of local agencies including resolutions, minutes and agendas.) The court declines to rule on the evidentiary objections of Riverside County Regional Conservation Authority (RCA) as they are not material to determinations made by the court on this motion. A court should “limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought wi...

Excerpt: ...t except that a summary adjudication disposes only a selected cause of action, affirmative defense, claim for damages or issue of duty. The motion is granted when the moving establishes the right to entry of judgment as a matter of law. (CCP § 437c(c).) The moving party bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is...

Excerpt: ...vidence subject to the objections was not material to the court's determination on the motion. A party may file a motion to quash service of summons on the grounds of lack of jurisdiction under Code of Civil Procedure section 418.10(a). Further, when a defendant challenges the court's personal jurisdiction on the ground of improper service of process, the plaintiff has the burden to prove the existence of jurisdiction by proving the facts requisi...

Excerpt: ...with with 20 days leave to amend. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice h...

Excerpt: ...party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. CCP § 430.10(e). The court assumes the truth of all material facts which have been properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, d...