Excerpt: ...t failed to keep the parking lot in a safe condition and failed to properly inspect its property. The complaint asserts a claim for negligence and premises liability. Defendant contends that Plaintiff's claims fail because the hose was open and obvious. Defendant had plac ed a yellow caution sign out because its employee was watering plants. It argues that Plaintiff ignored these signs, its employee, the water on the ground, and the red/orange ho...

Excerpt: ... with 20 days leave to amend. Because the Court is sustaining with leave to amend, the Motion to Strike is moot. Factual/Procedural Context On October 31, 2023, Plaintiff Shirley Hicks (“Decedent”), by and through her Successorin- Interest, Latish Hicks (“Plaintiff s”), filed their operative First Amended Complaint (“FAC”) against Defendants Mt Rubidouxidence Opco, LLC; Providence Group of Southern California, LLC; Providence Group, ...

Excerpt: ... Santos Guillen Martinez (“Plaintiff”) alleges that on March 6, 2018, he was involved in an automobile collision caused solely by the negligence of third- party Javier Legaspi (“Legaspi”). (Complaint, ¶ 12.) As a result, Plaintiff suffered injuries totaling at least $242,315 as of November 2018. (Id., ¶ 18.) Legaspi's liability insurer, Kemper Insurance, paid the $15,000 policy limit for Plaintiff's injuries, which was insufficient to c...

Excerpt: ...of Undisputed Materia l Fact [“FSS”] ¶ 1.) On October 1, 2012, Fracasse, through his attorneys, recorded an abstract of judgment in the Office of the County Recorder of Riverside County. (Id. at ¶ 2.) That abstract of judgment acted to create a judgment lien on Redmond's real p roperty located at 41750 Avenida Ortega, Temecula, California 92592 (the “Property”). (Id. at ¶ 3.) On or about May 5, 2020, the County of Riverside (the “Cou...

Excerpt: ...lution of the federal action(s). Either party may seek to restore the case back to active status pending the resolution of the federal action. Facts/Procedure On September 14, 2023, Plaintiff Eric Jerome Phillips filed a demurrer against the County of Riverside and several other County officials, as well as against several doctors and his former attorney, alleging numerous civil rights violations, including the Bane Act, Ralph Civil Rights Act, ...

Excerpt: ...ducts li ability, and negligence, and names as defendants (1) Gongco Foods, dba Food 4 Less, the owner of the grocery store and the shopping cart, and (2) The Peggs Company, the company alleged to design and manufacture the shopping cart. The defendants filed answ ers to the original complaint on October 6, 2023 and November 21, 2023; none of them have filed answers to the FAC filed March 13, 2024. There are no crosscomplaints filed nor any D...

Excerpt: ...d confer p rior to filing the demurrer or motion to strike. (CCP §§ 430.41(a), 435.5(a).) The Declaration of Ryan Kay indicates that prior to the filing of the present demurrer and motion to strike, his office attempted to meet and confer telephonically with Plain tiff's counsel to discuss the issues Defendant had with Plaintiff's First Amended Complaint, but unfortunately, were unsuccessful in their attempts. Mr. Ryan declares that he sent e...

Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...

Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...

Excerpt: ...“Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 2022, alleging breach of contract, quantum meruit, foreclosure o...

Excerpt: ...red a mortgage in both of their names. In November 2008, while still married, Defendant represented that he would be able to refinance the mortgage and obtain a loan with better terms if Plaintiff temporarily transferred her interest in the property to him via an Interspousal Transfer Grant Deed. Defendant represented Plaintiff would continue to own her 50% interest in the property despite the transfer and the property was the marital residence....

Excerpt: ...brough t an action for negligence and premises liability against the alleged grocery store owner and the supplier of shopping carts. Plaintiff alleges that, on April 5, 2021, when Plaintiff was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant Gongco Foods and placed Plaintiff inside a shopping cart while still in his car seat. (Complaint, ¶ 8.) However, the shopping ...

Excerpt: ...obert L. Firt h, HH Care, LLC dba Heaven Heights Senior Care, Heaven Heights Senior Care, and Jacqueline Hawk (together “Defendants”) asserting causes of action for: (1) wage theft in violation of Labor Code §§ 1194 and 1454; (2) failure to pay minimum wage in violation of Labor Code §§ 1194 and 1197; (3) breach of written contract; (4) violation of Labor Code § 1194.2; (5) violation of Labor Code §§ 201 and 203; (6) violation of Bus. ...

Excerpt: ...vehicle accident t hat allegedly occurred on April 9, 2022. It is alleged that Defendants Lopez and Hernandez negligently made a lane change and struck Plaintiff's vehicle causing Plaintiff to sustain damages. On December 20, 2023, Defendants/Cross -Complainants (“Cross -Co mplainants,” for purposes of this motion) filed a Cross - Complaint against Cross -Defendant Charleen Caye Anne Perez (“Cross -Defendant”) alleging causes of action f...

Excerpt: ...us injuries as a resul t of the collision. On September 25, 2023, Plaintiff filed his Complaint, which asserts one cause of action for personal injuries. Defendant now moves to strike the prayer for punitive damages and any references in support of the claim for punitive damage s. Defendant argues that the Complaint contains no facts showing malice and the conclusory allegation are insufficient. Defendant argues that he did not intend to cause t...

Excerpt: ...he Rules of Court, and while the Court could simply deny the motions, the Court's preference is to hear these issues on the merits. Therefore, the Court orders Moving Parties to submit a brief that comports with the Rules of Court no later April 15, 2024. Plaintiff may file an opposition no later than April 23, 2024, and the motion shall be heard on May 1, 2024 at 8:30am. The Court will accept no further briefing. The Court notes there is also ...

Excerpt: ...edural C ontext: Plaintiff Zachary Sarmiento, a minor by and through his guardian ad litem Stephanie Winters, alleges that while attending Riverside Unified School District's Martin Luther King High School, another student, Dustin Watts, assaulted him. Plaintiff alleges that the District failed to take appropriate safety and security measures. On 1/17/23, Plaintiff filed his complaint for damages. On 4/21/23, Plaintiff added as doe Defendants D...

Excerpt: ...nal appearan ce next week, regardless whether either side requests oral argument on the motion, the Court shall order the parties to appear to address the TSC. Factual / Procedural Context: This is a personal injury action arising out of a motor vehicle accident that o ccurred on January 13, 2022. Jonathon Lee Byrd (“Plaintiff”) alleges that he was a passenger in a vehicle driven by defendant Mark Hansen (“Defendant”). While driving eastb...

Excerpt: ...in 5 court days. Overall Factual/Procedural Context On February 26, 2007, Plaintiffs Martha Clohecy and Darcy L. Clohecy (“Plaintiffs”) filed a Complaint against multiple Defendants, including Marlene Z. Robertson (“Robertson”), alleging (1) Dependent Adult Abuse, (2) Negligence (Custodial Care), (3) Fraud (Misrepresentation and Concealment), and (4) Violation of Patients' Rights (Health & Safety Code § 1430). On March 13, 2009, the Cou...

Excerpt: ...igin/religious hara ssment; (2) discrimination based on religion/national origin; (3) retaliation in violation of Gov. Code § 12940; and (4) retaliation in violation of Labor Code § 1102.5, arising out of his employment with the Riverside County Sheriff's Office. Page 3 of 5 On December 19, 2023, Defendants served their first sets of discovery on Plaintiff, including general form interrogatories (“FROGs”), employment law form interrogatori...

Excerpt: ...vehicle, w hich was manufactured and/or distributed by Defendant. (Compl. ¶ 6.) The subject vehicle came with various warranties, including but not limited to the bumper -to - bumper warranty, powertrain warranty, emission warranty, etc. (Id.) During the warranty perio d, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to engine defects, transmission defects, electrical defect...

Excerpt: ...ator from January 27, 2019 to the present, and was subjected to numerous Labor Code violations. On May 18, 2023, Plaintiff filed this action for individual wage and hour claims and asserted a Private Attorney General Act (“PAGA”) claim. On February 8, 2024, Plaintiff file d his operative First Amended Complaint (“FAC”) alleging class allegations and asserting the following causes of action: 1) Failure to Pay Wages; 2) Failure to Provide...

Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...

Excerpt: ... and its in dividual physicians for engaging in an alleged “scheme that involved the filing of false and defamatory internal complaints” against Plaintiff and “summarily suspending Plaintiff's admitting privileges under false pretenses.” Plaintiff alleges such acts w ere intended to destroy his professional reputation and to unfairly compete with him to take away his patients, causing him to suffer emotional distress and economic harm. P...

Excerpt: ...n that th e pleadings are not at -issue, the Court shall continue the Case Management Conference hearing to June 25, 2024 at 8:30am. Factual / Procedural Context On October 26, 2023, Plaintiff, Sergio Gonzalez Ramirez (“Plaintiff”) filed a Complaint against Defendant , General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song -Beverly Consumer Warranty Act (“Song Beverly Act”); (2) bre...