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: ...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: .../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: ...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: ...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...