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

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

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

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

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

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

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

Excerpt: .... In or about late September 2021, Defendants hired attorney Sanjay Sobti ("Mr. Sobti") to represent them in handling the defense of this complaint. Beginning October 2021, Mr. Sobti contacted the Plaintiff's attorney, Macauley Ekpenisi ("Mr. Ekpenisi"), for the purpose of mediating the matter between the parties. Arranging a mediation between the parties took a few months. The matter was finally mediated on 1/3/22 and unfortunate, the case was n...

Excerpt: ... background: On 2/26/19, Plaintiff was walking on a sidewalk in front of Defendant First Baptist Church, Moreno Valley (“Church”). While she was walking, she was attacked and bitten by a German Shepard dog owned by Defendant Marylinda Minerva Reza (“Marylinda”). Marylinda and the dog lived in a house that was owned by the Church. On February 2, 2021, Plaintiff filed her Complaint. She asserts two causes of action for: (1) General Negligen...

Excerpt: ...eloped numerous defects, which Defendant could not fix. Plaintiffs filed their complaint under the Song‐Beverly Act. An offer to repurchase was given. There was some discovery performed. A CCP § 998 offer was presented and the case settled. The Notice of Settlement was filed on 9/22/21. By this motion, Plaintiffs seek $18,112.50 in attorneys' fees and $1,595.62 in costs. Defendant oppose, asserting that fees and costs should be limited to $3,1...

Excerpt: ...njuries. He alleges the unmarked step was a dangerous condition, that Defendant, knew or should have known of the dangerous/unsafe condition, and failed to warn Plaintiff. The Complaint was filed on 5/19/21 alleging two causes of action for general negligence, and premises liability. Defendant demurrers to the second cause of action for premises liability in the Complaint for failure to state facts sufficient to constitute a cause of action on th...

Excerpt: ...on 2/1/21 against Johnre Care LLC and Johnre Care Management LLC (both entities referred to here as “Johnre”) and their principles. After multiple unsuccessful attempts by the Riverside County Sheriff's Department to complete service Johnre, during which Johnny Sicat indicated that he would not accept service, the Court granted Plaintiff's request for an order directing service on the Secretary of State. On 10/11/21, Plaintiff completed servi...

Excerpt: ...company's administrator, who describes the process by which arbitration agreements are signed and offers one signed by plaintiff. The administrator also says the signature on the arbitration agreement looks like the signature on other items in plaintiff's employee file. The motion argues all defendants employees are covered by the arbitration clause, and further that this case should be dismissed instead of stayed because there are no claims that...

Excerpt: ...ainst Defendant WFG National Title Insurance Company alleging (1) professional negligence, (2) intentional infliction of emotional distress (“IIED”), (3) fraud/misrepresentation, (4) gross negligence, and (5) unlawful business practices. Plaintiff alleges that Defendant, acting as escrow agent, mistakenly used the proceeds of the sale of Property 1 to pay off the Property 2 loan, rather than Property 1 loan as the escrow instructions required...

Excerpt: ...de of Civil Procedure section 2032.310(b), because defendants incorporate into their motion the Demand for Independent Medical Evaluation (Mental); the Demand, though not authorized by the code, provides the necessary information required by section 2032.310(b). However, defendants have not specifically complied with Code of Civil Procedure section 2032.020(c)(1), which requires that “[a] mental examination conducted under this chapter shall be...

Excerpt: ...the First Amended Complaint within 10 days of this order. This a boating collision case personal injury case. On 4/10/18, Plaintiff Marillia Coulumbe (“Plaintiff”) was operating her boat on Lake Havasu, California. Plaintiff alleges that a boat driven by Defendant Dale John Dondale (“Defendant”) approached her boat at an extremely high rate of speed causing water to sprayed into Plaintiff's boat. Plaintiff alleges that she suffered seriou...

Excerpt: ...g on a public sidewalk/driveway on 6/22/19. On 10/14/21, Defendant filed a cross‐complaint for indemnity, declaratory relief and contribution against Sky Ray Grass. On 11/1/21, Plaintiff set Requests for Admission of Fact, Set One. There were no responses and Plaintiff filed this motion. Defendant served responses on 2/16/22. On 2/18/22, Defendant filed untimely oppositions indicating that she had served responses. The opposition was not posted...

Excerpt: ...4, 5, 8, 10, 13, 14, 18, 19, 21, 22, 23, 24, 25 and 26. The parties are to meet and confer to set a date for the deposition. Factual and procedural background: On 5/25/19, Plaintiffs visited Castle Park, which is an amusement park owned and operated by Defendants. While riding on log flume ride (“Log Ride”), three of the plaintiffs were ejected from the ride and thrown into the surrounding water, causing serious injuries. Plaintiffs filed the...

Excerpt: ...property. To the extent the parties have any remaining claims against one another for breach of the Binding Term Sheet, either because clear title was not delivered or other damages were suffered, they may raise those in a separate matter. The court declines to rule on the objections as the items were not relevant to the determination of issues. Page 4 of 5 This is the second motion to enforce settlement filed by Mark and Kim Wynne (hereafter, �...

Excerpt: ...he meet and confer discussions, and identifying which RFPs remain at issue, if any. Additionally, the declaration shall provide the date and time set for the PMK deposition. Factual and procedural background: Plaintiff that on 4/12/17, he purchased from Singh Chevrolet a new 2017 Chevrolet Colorado manufactured and distributed by defendant General Motors, LLC (“Defendant” or “GM”). Plaintiff alleges that the subject vehicle has unrepairab...

Excerpt: ...ave an ownership interest in the home in Moreno Valley where the dog was kept. On or about 2/14/22, Plaintiff served a notice of deposition (and subsequently served an amended notice of deposition) for the deposition of Antonio Reza Jr., who is Reza's adult son, who was present when the subject dog attack occurred. Defendants thereafter made an ex parte application for a protective order to preclude the deposition. The court ordered the parties t...

Excerpt: ... to amend as to the 7th, 11th, 13th, 14th, 15th and 18th causes of action. Request for Judicial Notice: Granted pursuant to Evidence Code § 452(a)‐(c). Factual and procedural background: Plaintiff alleges she was employed by defendants HCA Health Services of California, Inc., HCA Health Services of Tennessee, Inc., Columbia Riverside, Inc., Riverside Healthcare Systems, L.P. (“Corporate Defendants”) as a resident physician at Riverside Com...

Excerpt: ...d faith and fair dealing; (3) promissory estoppel; (4) conversion; (5) account stated; (6) open book; and (7) intentional misrepresentation. Defendant Araceli demurs to the each and every causes of action alleged in the Complaint. Page 4 of 6 Legal authorities and analysis: A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) Additionally, any “objections that a complain...

Excerpt: ...nt for breach of express and implied warranty under Song‐Beverly. Plaintiff moves to compel further responses. Defendant opposes. Legal authorities and analysis: A party may file a motion compelling further answers to interrogatories, requests for production, and requests for admissions if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (CCP §§2030.300, 2031.31...

Excerpt: ...otion for compelling further is moot and there is ordered monetary sanctions, payable by Plaintiff to moving party, $875.00 for the motion to compel further responses to special interrogatories (3.5 hours x $250.00); and $625.00 for the motion to compel further responses to requests for production of documents (2.5 hours x $250.00), which amounts the court finds reasonable. If the verifications have not been served, the motions are granted and Pl...

Excerpt: ...y defendant Hyundai Motor America. Plaintiff alleges the subject vehicle has numerous defects that Defendant's authorized repair facility was unable to repair despite multiple attempts. Plaintiff further alleges that the subject vehicle, like other 2011‐2016 Hyundai Elantras, came equipped with a 1.8L Nu engine, which suffers from a latent defect in the piston assemblies which causes irreparable engine failure. Plaintiff alleges Defendant knew ...

Excerpt: ...three of the plaintiffs were ejected from the ride and thrown into the surrounding water, causing serious injuries. Plaintiffs filed the operative First Amended Complaint (FAC) on 9/9/19, asserting the following causes of action Negligence (Premises Liability) and Negligent Infliction of Emotional Distress. The trial in this case was set for 1/14/22. The parties stipulated to a continuance due to a death in defense counsel's family. The new trial...

Excerpt: ...dant filed a crosscomplaint for indemnity, declaratory relief and contribution against Sky Ray Grass. Trial is currently set for 6/10/22. On 12/13/21, Plaintiff filed various motions to compel discovery and deem admissions. On 2/18/22, Defendant filed untimely oppositions indicating that she had served responses. Due to clerical error, the untimely oppositions was not posted. Therefore, the court was not aware of the oppositions. At the hearing o...

Excerpt: ...��walk. Defendants contend he was jaywalking and that the driver had a green light. It is further contended that the entire incident is captured on a COBAN video. Plaintiff filed his complaint on 9/12/18. Defendants bring this action to bifurcate liability from damages. Legal authorities and analysis: Code of Civil Procedure (CCP) § 598 states the following: “The court may, when the convenience of witnesses, the ends of justice, or the economy...

Excerpt: ...round: Plaintiff hired Shelia Alvarez, National One Real Estate, Inc., to sell her home. This initial transaction was based on a written listing agreement. (FAC ¶2.) In July 2020, Plaintiff's house was sold and the proceeds were deposited into South Coast Escrow. The net sales proceeds due to plaintiff were $50,094.62. South Coast Escrow issued a check to Plaintiff for $20,000 and kept the remainder based on Alvarez's instructions. (FAC ¶1 (the...

Excerpt: ...laintiff was standing on the ladder three or four rungs from the top, the ladder failed when a support bracket buckled and one of the feet of the ladder bent inward. Plaintiff fell from the ladder and landed on his feet. Plaintiff sustained serious injuries as a result of the fall. Plaintiff alleges that the ladder was negligently designed and manufactured by Werner and Green Bull and that Hemet negligently stored and maintained the ladder. On 6/...

Excerpt: ...ts which are the subject of this motion. This discovery requested facts and documents supporting Bogh's contentions relating to the allegations made in its proposed crosscomplaint against Sida, and identification of all witnesses with knowledge regarding those contentions. While the hearing date on the motion for leave was pending, on 2/15/22, Bogh served responses to the discovery requests, which consisted entirely of repeated sets of objections...

Excerpt: ... a complaint on 12/20/21 against Defendant alleging the following: (1) breach of express warranty, (2) breach of implied warranty, and (3) fraudulent inducement. Defendant brings this motion to compel arbitration and stay proceedings. It argues that under the retail installment sales contract (“RISC”), Plaintiffs agreed to arbitrate any dispute whether in contract, tort, or statute regarding the condition of the vehicle or any resulting trans...

Excerpt: ...procedural background: Plaintiff filed this action to recover for injuries she sustained following a slip and fall at Sapporo Seafood, Inc. Defendant Sapporo sought leave to file a cross complaint against plaintiff's health care providers, including moving party, Mobin and cross defendant Yashar, for equitable indemnity, contribution and apportionment of fault. The motion was granted. The actual filing of the cross complaint was delay because Sap...

Excerpt: ...aintiff was separated from her husband and pregnant. Kelly was promoted as a relationship expert, when he pursued her and told her that he was estranged from his wife and that he intended to divorce her. As a result, they began a long term relationship and Kelly helped Plaintiff become a minister at Defendant Mount Rubidoux where she moved from Georgia. Kelly would constantly remind Plaintiff that she had to thank him for her position, isolated h...

Excerpt: ...rnia 92530 (“Subject Property”), out of which the parties would operate their business. The demurrer on the First Amended Complaint was sustained on 1/6/22 with 20 days leave to amend. The Second Amended Complaint (SAC) was filed on 1/25/22 alleging causes of actions for, account stated, money had and received, rescission, breach of contract, breach of fiduciary duty, fraud and declaratory relief. Defendants Hagen, Trump, the McMinns, THT Gro...

Excerpt: ...�� or “Farias”) alleges the collision and his injuries were caused by the negligence of defendants Victor Hugo Saldana and ASAP Holding Co. (collectively, “defendants”), which occurred on 12/18/18, in the southbound lanes of Interstate 15, south of Newport Road in Menifee. Plaintiff's complaint alleges a single cause of action for negligence. Defendants bring this motion to compel further responses to Request for Production No. 30 and is ...

Excerpt: ... set for Case Management Conference for 7/20/22 at 8:30 a.m., Department 5. The clerk is to give notice. Factual and procedural background: In 2018, Plaintiff Western Equity Partners (“Plaintiff”) entered into a written joint venture agreement (“Agreement”) with Defendant RC Homes, LLC (“RC Homes”) for the purpose of purchasing, renovating and selling nine properties in Iowa (“Subject Properties”). Plaintiff alleges that it incurr...

Excerpt: ...he instant motion to strike Plaintiff's claim for punitive damages from the FAC on the ground that there are no facts alleged which would warrant an award of punitive damages. Defendant argues that Plaintiff has failed “to allege any facts that demonstrate Defendant engaged in any intentional conduct with an intent to injure, or any despicable conduct done with conscious disregard to Plaintiff.” (Def.'s Mot. to Strike 4.) In opposition, Plain...

Excerpt: ...aking sexist, ageist, and other inappropriate comments at work, and then Varela, together with defendant Kayla Mendez, falsely accused Ramirez of being under the influence of marijuana at work. Ramirez alleges that Mendez “gained information concerning Mrs. Ramirez's prescription medication in a confidential manner where Mrs. Ramirez encountered a medical issue requiring Mrs. Ramirez to be taken to a hospital, accompanied by MENDEZ).” (First ...

Excerpt: ...f alleges that on 5/4/15, she purchased a 2015 Hyundai Elantra that contained engine defects, low tire light defect; battery defect; third brake light defect; wiper blade defect; air conditioning defect; steering wheel defect; excessive smoke from the tail pipe; lack of power; smoke during acceleration; oil overfilled; rough idle; alternator assembly, etc. Plaintiff alleges that Defendant Hyundai Motor America knew about the Nu engine defects sin...

Excerpt: ...ual indemnity. K. Hovnanian argues the settlement agreement it entered into with cross‐ defendant Palacio de Oro North in an earlier action between the parties imposed on Palacio an obligation to indemnify and hold harmless K. Hovnanian from third party claims for injury as alleged in the present complaint. The court finds that the initial burden has not been met because there is insufficient evidence that the scope of the settlement agreement ...

Excerpt: ...nt Walmart, Inc.'s premises, she stripped and fell when her foot struck a sign advertising oil. On 8/28/20, Plaintiff filed a doe amendment naming Pennzoil‐Quaker State Company. On 3/15/21, Plaintiff filed a doe amendment naming The Howard Company. All three Defendants have pending summary judgment motions set for 4/29/22. Trial is currently set for 7/29/22. Plaintiff moves to amend the complaint to assert strict products liability and negligen...

Excerpt: ... to dispose of defendants' belongings, including the mobile home, as needed to effectuate the sale. Factual and procedural background: Plaintiff Walter H. Green (Walter) alleges that under the terms of his father's will, he and his sister, Defendant Virniecia Green‐Jordan (Virniecia) were to each inherit a one‐half interest in a mobile home on property that they own jointly. Walter alleges that Virniecia, as the executor of their father's wil...

Excerpt: ...laint, First Amended Complaint and now Second Amended Complaint (SAC) alleging causes of actions for, account stated, money had and received, rescission, breach of contract, breach of fiduciary duty, fraud and declaratory relief. Plaintiffs have filed this combined Motion to Compel Production of Documents of eight Defendants‐ Darren Hagen, Tina McMinn, THT Group, NC & DH, Conoco, Reliable Living and Reliable Works and Full Spectrum Bottling, HC...

Excerpt: ...ual and procedural background: Plaintiff was employed as a medical assistant for defendant starting 1/12/13. She alleges that she was exposed for four days to an employee who tested positive for COVID‐19 with symptoms in July 2020. Plaintiff submitted a complaint to Riverside County Public Health office and to OSHA. Plaintiff developed COVID‐19 symptoms and took leave for 2‐3 weeks. Upon her return, she was terminated from her employment. P...

Excerpt: ...e judgment was entered in California in the amount of $4,100,148.72. Over the years, Defendants have paid $1,494,051.53 toward the Judgment. However, in December 2021, Plaintiffs filed a renewal of judgment in the total amount of $8,198,020.08 (the “Renewal of Judgment”), erroneously indicating that no payments had been received. Defendants now move to vacate the Renewal of Judgment or, in the alternative, to modify it to reflect the correct ...

Excerpt: ...saulted and battered by his supervisor, John Robinson, on 3/11/20. The Complaint was filed on 6/1/20. Trial is currently set for 4/8/22. Defendants filed this Motion seeking leave to file a cross‐complaint. They contend that Defendants learned that Plaintiff engaged in a concerted campaign to disparage Defendants' reputation, and designed the disruption and destruction of Bogh's construction operations by traveling to Bogh's active construction...

Excerpt: ... with the property, including the 20% down payment that was due at purchase. While in escrow, Baskaron asked if the property could be put in the name of defendant St. Paul Trading, LLC (St. Paul”) temporarily for tax purposes. Plaintiff alleges that he and John agreed to this request. Two years later, Plaintiff alleges he discovered that Baskaron had attempted to take out equity in the property to purchase a new venture. Plaintiff demanded that...

Excerpt: ...riefings of the parties for the initial motion, as well as the multiple supplemental briefings and declarations filed after the initial hearing on 9/7/21, including the declarations and briefing filed on 2/10/21. The declarations and briefings indicate the parties are now ready to complete the requirements of the Binding Term Sheet. In particular, the Mark Wynne parties state they are prepared to make the initial payment required of them and to p...