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

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

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

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

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

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

Excerpt: ...owledgeable (PMK). Following the meet and confer, moving party is to file a declaration, at least ten days before the next hearing, regarding the results of the meet and confer or take the motion off calendar. All requests for sanctions are denied. Factual and procedural background: Plaintiff, iCare Hospice Inc. (“Plaintiff” or “iCare”)) filed the complaint in this action on 2/23/22 against defendant Janet Teeter (“Defendant”). Plaint...

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