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...

Excerpt: ...warranted by Defendant General Motors, LLC. Plaintiff filed the Complaint on March 8, 2023, alleging breach of express and implied warranty. On January 24, 2024, Plaintiff served a notice of deposition of Defendant's person(s) most qualified (“PMQ”) on four (4) categories of examination with six (6) requests for production of documents. Defendant served written objections and failed to produce a PMQ for deposition. Plaintiff now moves to co...

Excerpt: ...ural C ontext On August 19, 2021, Petitioner Jason Threedouble (“Petitioner”) was insured by Respondent Progressive West Insurance Company (“Progressive”) and was involved in an automobile accident where the at -fault driver only carried minimum statutory state li mits of $15,000 (“First Accident”). On April 25, 2022, Petitioner was insured by Respondent Infinity Select Insurance Company (“Infinity”) and was also involved in an ...

Excerpt: ...future strok es. Decedent received home health care services by defendant Equanimity Hospice & Palliative Care (“Equanimity”), where lead care was designated to defendant David Fukada, M.D. (“Dr. Fukada”). Decedent ran out of Xarelto, and Defendants had failed to deliv er a refill despite repeated requests for a refill. Decedent suffered a massive stroke and died on December 28, 2018. Plaintiffs allege the failure to provide necessary m...

Excerpt: ...ar ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi- truck owned by Defendant Barrillas Trucking, Inc. (“BTI”) and driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) collide d with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Padilla (“Padilla”). Manthey and Drake (c...

Excerpt: ...s stayed pending the resolution of CVPS2200167. With respect to Moving Party's request to issue an OSC re contempt against the City and its officials, the Court denies the request. Given that there is no injunction to enforce and the Ordinance at issue has been re pealed, the Court finds no good cause to issue a hearing for a contempt order. CVPS2200167 With respect to the Writ Petition concerning Ordinance 1189, the Court orders the parties to ...

Excerpt: ... Advanced Frami ng Structure, Inc. (“Advanced Framing”) and Jose Rodarte (“Rodarte”) (collectively “Defendants”) as a fulltime non -exempt carpenter. He contends that while employed by Defendants, he was not paid for all the hours he worked and he was not provided with res t breaks. He asserts that after suffering a back, waist, and spinal injury, his medical provider placed him under work restrictions limiting his driving distances t...

Excerpt: ...Procedural Context This is an employment dispute. On April 17, 2023, Plaintiff Amanda Surdow (“Plaintiff”) filed a Complaint against Defendants CCFI Companies, LLC (“CCFI”) and Check Into Cash of California, Inc. (“CIC”) (collectively, “Defendants”),1 alleging (1 ) wrongful constructive termination in violation of public policy, (2) disability discrimination, (3) disability harassment, (4) failure to accommodate, (5) failure to e...

Excerpt: ...eement”) with Def endant Rene Delgado Hernandez (“Defendant”) pursuant to which Plaintiff, as the sole shareholder of Ultimate Tint & Wheel, Inc. (“Corporation”) agreed to sell her 10,000 shares in the Corporation to Defendant for $600,000. Under the terms of the Agreement, Defendant was to transfer interest in real property valued at $100,000 to Plaintiff on the date of execution of the Agreement, and thereafter make monthly payments o...

Excerpt: ....76 acre s and located in a W-2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low -density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obta...

Excerpt: ...express limited w arranty and implied warranty of merchantability. Plaintiff alleges the vehicle came equipped with material defects that Kia's authorized repair facility was unable to repair, and Kia refused to buyback or replace the vehicle. Plaintiff filed the Complaint on February 10, 2023, alleging 1) violation of the Song Beverly Consumer Warranty Act; and 2) violation of the Magnuson- Moss Consumer Warranty Act. Defendants now move for ju...

Excerpt: ...February 2, 2023, this court heard and sustained all three causes of action in Plaintiff's First Amended Complaint alleging for 1) cancelation of written instruments, 2) quiet title, and 3) declaratory relief and granted Plaintiff leave to amend. Page 4 of 8 Thereafter on February 16, 2023, Plaintiff filed a Second Amended Complaint alleging the same three causes of action for 1) cancellation of written instructions, 2) quiet title, and 3) decla...

Excerpt: ... 8:30am. A ll sides are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context Plaintiff Zohair Mesrizadeh dba VIP Style Constructions (“VIP Style”) filed the original complaint in this action on February 23, 2023 and the first amended complaint (“FAC”) on July 20, 2023 against defendants Abdallah Nazmi Abu -Samrah (“Abdallah”) and Reham Shaath (“Shaath”) (together, “Defendants”). T...

Excerpt: ...ocedural Context Plaintiff, Gavin Ferreira, a minor, by and through his Guardian Ad Litem, Joseph Ferreira, alleges that on 8/28/22, when he was eight years old, he was at Defendant, Barnes Ventures, LLC dba Jump N Jammin in Moreno Valley, which is an indoor c hildren's amusement center. Plaintiff was playing in the jungle gym when he fell forward and struck his mouth on an exposed beam of the play structure sustaining severe injuries to his mout...

Excerpt: ... Belinda Addo (“Addo”) and BAWJ Medical Services, Inc. (“BAWJ”), as nominal defendant, in a related case (Case No. CVRI2202879), alleging judicial dissolution, breach of fiduciary duty, breach of contract, conversion, embezzlement, and cancellation of instrument (hereinafter “Addo matter”). On October 26, 2023, Plaintiff filed a Complaint in the instant action against Defendants Jean La Fontant (“Fontant”), BGM Medical Services,...

Excerpt: ...al/Proced ural Context On August 9, 2023, Plaintiffs Gregory Franklin Hearn and Pamela Sue Hearn (“Plaintiffs”) filed their initial Complaint against Defendants Ford Motor Company (“FMC”) and Palm Springs Motors Inc. (“Palm”) (collectively, “Defendants”), alleging (1) violation of Civ. Code § 1793.2(d) of Song -Beverly Act (against FMC), (2) violation of Civ. Code § 1793.2(b) of Song -Beverly Act (against FMC); (3) violation of...

Excerpt: .... Factua l / Procedural Context Plaintiff Analia Lenchantin (“Plaintiff”) filed her initial Complaint against Defendant Revive Contractors Group, LLC on January 12, 2023, and her operative First Amended Complaint (“FAC”) on March 28, 2023, against Defendants Reviv e Contractors Group, LLC (“RCG”), Victor Trejo (“Mr. Trejo”), and Victor Staforelli (“Mr. Staforelli”), alleging fraud, negligence, and breach of contract. On June ...

Excerpt: ... the requ est for sanctions. Factual / Procedural Context On January 8, 2021, Plaintiffs Constantino Martinez and Ana Verdin (“Plaintiffs”) entered into a warranty agreement with Defendant General Motors, LLC (“Defendant” or “GM”) in connected with the purchase of a 2021 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured by GM. Plaintiffs allege that nonconformities and defects manifested during the warranty peri...

Excerpt: ...rumed”), Lubrizol Life Science, Inc., The Lubrizol Corporation, and Lubrizol Advanced Materials, Inc. (“Defendants”) for: (1) discrimination; (2) retaliation; (3) failure to provide reasonable accommodations; (4) failure to participate in the interactive process; (5) violation of the California Family Rights Act; (6) failure to prevent discrimination; (7) wrongful termination; and (8) breach of the implied contract not to terminate without ...

Excerpt: ... / Proced ural Context This action arises out of the parties' dispute regarding the ownership of real property located at 13139 Acacia Avenue in Moreno Valley, California (the “Property”). On April 6, 2023, Plaintiff Mario Castillo (“Plaintiff”) filed his First Ame nded Complaint (“FAC”) against Defendant David Gomez (“Defendant”), alleging (1) breach of contract, (2) promissory estoppel, (3) declaratory relief, and (4) unjust en...

Excerpt: ...tion. Plaintiff Jarrett Scott alleges that on November 21, 2005, he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, Califo rnia. (Complaint, ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as I...

Excerpt: ...City) 6/1 5/21 decision to approve the MoVal 2040 Project, which consists of the 2021 General Plan update (GPU) including a Housing Element Update, a Climate Action Plan (CAP), and associated zoning amendments, and to certify an Environmental Impact Report (EIR) for the Project, which provides for large increases in industrial and commercial development within the City. The Project is intended to replace the existing 2006 General Plan (2006 GP) a...

Excerpt: ...Balestrac ci (“Plaintiff” of “Madison”), by and through her Guardian ad Litem, Katie Balestracci (“Katie”), alleges that Defendants Debra Kay Lebo, D.O. (“Dr. Lebo”), Joseph E. Glaser, M.D. (Dr. Glaser”) and Temecula Valley Ob/Gyn Medical Associates (“TV Ob/Gyn”), a s well as Loma Linda University Health and Loma Lind University Medical Center – Murrieta, negligently managed Katie's prenatal care, labor, delivery and post-...

Excerpt: ...(“Alicia”) (toget her “Plaintiffs”) filed their original complaint in this action against Defendant Lending Bee, Inc. (“Lending Bee”) on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...

Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...

Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...

Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...

Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...

Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...

Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...

Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...

Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...

Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...

Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...

Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...

Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...

Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...

Excerpt: ...ched Plainti
¯s to sell the property to Defendant Ankr, LLC such that Plainti
¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti
¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...

Excerpt: ... GM Plainti
¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti
¯ accepted GM's CCP § 998 O
¯er of Compromise under which GM agreed to pay Plainti
¯ $177,000 In additio...

Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti
¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti
¯ alleges that on April 5, 2021, when Plainti
¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...

Excerpt: ...to meet and confer to select two trial dates that are agreeable to all parties. The dates selected must be on Fridays no more than six months after the TSC. Facts/Procedural Summary: On May 3, 2022, Plainti
¯s leased a 2022 Hyundai Tucson. (Comp. ¶9.) Plainti
¯s allege the vehicle was delivered with serious defects and nonconformities to warranty, speciÞcally with respect to the electrical system, suspension, and transmission system. (Comp. �...

Excerpt: ...er and Medi-Cal – Department of Health Care Services to Comply with a Deposition Subpoena to Produce Business Records. Factual / Procedural Context: This lawsuit is brought by Jacob Szemett, a minor, by and through his Guardian Ad Litem, Natalie Enriquez (“Plainti
¯”). Plainti
¯ asserts he attended a high school in Moreno Valley UniÞed School District (“District”). The school allegedly knew that Plainti
¯ was to ride the bus home on...

Excerpt: ...R $25,000) OF GREGORY O'CONNOR 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR BY EASTERN MUNICIPAL WATER DISTRICT FACILITIES CORPORATION CVRI2301595 O'CONNOR VS EASTERN MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR Tentative Ruling: With respect to E...

Excerpt: ...t denies Plainti
¯'s request for sanctions. Facts/Procedural Summary Plainti
¯ purchased a 2018 Chevrolet Silverado manufactured and warranted by Defendant GM. Plainti
¯ alleges the vehicle is plagued with serious defects and nonconformities to warranty and Defendant has been unable to remedy the problem within the warranty period. Plainti
¯ alleges Defendant failed to promptly repurchase or replace the vehicle in accordance with the SongBeve...

Excerpt: ...on to strike punitive damages. The Court orders Defendants to Þle their answer within 30 days. Factual / Procedural Context On December 10, 2021, Plainti
¯ Ashley Perkins was shot with a gun while at Defendant Valley Wide Towing, LLC (“Valley Wide”) located at 24850 Rivard Road in Moreno Valley. Plainti
¯ alleges Plainti
¯ Randy A. Wilson (“Wilson”) is a manager and owner and/or operator of Valley Wide. Plainti
¯ was shot in the back...

Excerpt: ...19, defense counsel Þled an answer on behalf of Defendants Lopez and David Sanchez dba Apple Markets, Inc (erroneously sued as “Apple Markets, Inc”) At no time did Defendants seek to amend their answer indicating who was appearing before the court Trial commenced before a jury On 10/20/22, a jury returned a verdict in favor of Plainti
¯ and against Defendants Lopez and Sanchez dba Apple Markets, Inc On 11/21/22, the court entered judgm...

Excerpt: ...uled as to the Þfth cause of action for Accounting. As the case is not at-issue, the Court shall continue the currently-set CMC to April 29, 2024 at 8:30am. Factual / Procedural Context: Plainti
¯ Radhe Radhe Transport Inc. alleges that Jagdish Kumar Rajgor, Harish Raj Kumar and Defendant Raj Kumar Pandey formed Plainti
¯. Plainti
¯ purchased a new commercial truck that was Þnanced through Opportunity Fund, who demanded that the truck be put...

Excerpt: ...ness” (food truck business) located at 5666 Etiwanda Ave., Suite F, in Jurupa Valley. Nunez also agreed to assign the lease and any other necessary assignments. She acknowledged receiving $100,000 from Plainti
¯. The Master Lease is between Defendant, Nunez Plaza, LLC and Plainti
¯ for 3800 square feet of warehouse space and 21,700 square feet of parking lot space. The Lease term was three years beginning 6/1/20. Plainti
¯ gave Nunez a $6,00...

Excerpt: ...(2) Bonds' prior workers' compensation claims, is reasonable (Defendant has agreed to withdraw the subpoena as to and Robbins Brothers Inc) Page 3 of 10 Defendant is ordered to serve revised subpoenas to Plainti
¯'s former employers Lineage Logistics, LLC and Harbor Freight Tools that is consistent with this ruling The Court also orders the parties to enter into a Protective Order to preserve the privacy interests of Plainti
¯ The Court den...

Excerpt: ...ant, Wanhoo, LLC (Wanhoo) to purchase real property known as 1713 Beam Hollow in San Jacinto, with a completion date of 7/31/20. Plainti
¯s allege they were targeted by Wanhoo as Þrst-time buyers, and were promised a newly built home, which was not delivered. Plainti
¯s allege that Wanhoo intended to defraud Plainti
¯s of their initial deposit and had no intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the ...

Excerpt: ...res (“Plainti
¯s”) Þled 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) breach of implied warranty in violation of the Song Beverly Act; (3) violation of § 1793.2 of the Song Beverly Act; and (4) fraud/fraudulent inducement/concealment. In the Complaint, Plainti
¯s allege that on July 28...

Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti
¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti
¯, Julie Scha
¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti
¯ was walking on the premises when she tripped over what appe...

Excerpt: ...aints of shortness of breath. (Complaint, ¶ 14.) She was subsequently diagnosed with acute respiratory failure and admitted to the ICU. (Complaint ¶ 14.) Decedent physician's orders included an order for steroids and GERD medication which Plainti
¯s' allege that Defendants failed to administer. (Complaint ¶¶ 16-20.) As a result, the Complaint alleges that decedent deteriorated and needed to be intubated. (Complaint ¶ 21.) Plainti
¯s conten...

Excerpt: ...are ordered to provide updated CMC statements prior to that date. Factual / Procedural Context: Plainti
¯ Doug Chadwick alleges that he was employed full time by Defendant TNT Plastic Molding as Vice President and director, along as a shareholder. His brother, Defendant Dennis Chadwick began Þnancial mismanagement of the company as he ran a separate company (Crystal Tex) at TNT's business. When Plainti
¯ complained about mismanagement, Defenda...

Excerpt: ... injury. She alleges that the store's manager was responsible for maintenance, and for verifying there was a policy to maintain the premises according to industry standards, policies, and procedures. Plaintiff filed her Complaint on 9/13/23 alleging two causes of action for general negligence and premises liabil-ty. *** Defendant, Costco Wholesale Corporation (Costco), brings this motion to disqualify Plaintiff's counsel, Downtown L.A. Law Group ...

Excerpt: ... is an ex parte motion to contnue trial, which is apparently stipulated by all parties. The Court orders counsel to appear to discuss. Statement of Facts/procedure This case involves an allegation that on July 15, 2020, Plaintiff Reams was working at a construction site at Defendant's facility when he fell approximately 15 feet to the ground through and "unguarded, unprotected and unmarked" opening on the second floor. Plaintiff has alleged that ...

Excerpt: ... Heaven Heights Senior Care; and Jacqueline Hawk (owner of HH Care, Heaven Heights) employed Plaintiff as a 24-hour in-home live-in caregiver to Defendant Dorcas Greene from 2014 to 10/31/22. Defendants initially paid Plaintiff $144/day until she received $200/day. She originally provided services under the entities, until Greene and Firth agreed to hire Plaintiff directly of $9,000 per month plus $4,500 for room and board. However, she never rec...

Excerpt: ...ponses to SPROG nos. 56 and 57, and order Plaintiff to provide further, Code-compliant responses within 20 days. The Court imposes sanctions against Plaintiff, not counsel, in the amount of $560. Sanctions to be paid in 60 days. Motion to Compel Further Responses to RFPs The Court grants the motion to compel further responses to RFP nos. 15, 16 and 17. The Court denies the motion as to RFP no. 19. The Court denies the request for sanctions. Factu...

Excerpt: ...ger ("Phyllis") (collectively "Plaintiffs") against defendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC ("Los Angeles"). Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, h...

Excerpt: ...HOOL DISTRICT AND LINDA PEREZ TO COMPEL PLAINTIFF SETH HAMMERSTEADT TO SUBMIT TO DEPOSITION Tentative Ruling: The Court grants Defendant District's Motions to Compel the three depositions at issue. The Court orders that the depositions take place within 30 days, or at a date stipulated to by counsel. If further disputes arise from the taking of any of these depositions, the Court invites the parties to participate in an Informal Discovery Confere...

Excerpt: ...s the motion to strike punitive damages. The Court deems the motion to strike moot as to treble damages and attorney fees in light of the ruling to sustain the fifth cause of action with leave to amend. The Court recognizes that the parties also have a Case Management Conference set for today. As the pleadings are not at issue, the Court shall on its own motion contnue the CMC to April 18, 2024 at 8:30am in Dept. 3. All parties are ordered to fil...

Excerpt: ...ng-Beverly Act in Rodriguez. Briefly stated, the Fourth District, Division Two held that as a matter of law, used vehicles are not subject to the Song Beverly Act. The Supreme Court granted review, but still allowed Rodriguez to be cited as persuasive authority. In opposition, Plaintiff asserted that the motion must be denied as disputed material facts exist, which controvert GM's contention that Plaintiff bought a used vehicle for which GM did n...

Excerpt: ...zjon are intertwined with the other plaintiffs. This case involved the following causes of action: (1) a claim for battery, (2) a claim for violation of the California Civil Code Section 52.1 [Bane Act]" and First and Fourth Amendment rights and (3) a claim for negligence brought by the Plaintiffs, Tyesha Calhoun and Taletha Calhoun, and a claim for assault instead of battery brought by Tyzjon Calhoun. These actions were brought against Defendant...

Excerpt: ...ew emergency room via ambulance with complaints of chest pain which came on suddenly two hours prior to arrival. After the initial evaluation by Dr. William Fleming and radiologist Dr. Tuan Nguyen, she was admitted by Dr. Anoop Maheshwari to Parkview's Telemetry unit with diagnoses of chest pain, unspecified, essential (primary) hypertension, diabetes mellitus due to underlying condition with hyperglycemia. After further monitoring, she was disch...

Excerpt: ...ded at ABS, they must go through the "onboarding process," which refers to the overall process of a new employee Page 4 of 9 reviewing and completing new hire documents. (Murray Decl. '1 2.) At the time Plaintiff was hired, ABS allegedly had in place a three-page mutual arbitration agreement (the "MAA") that ABS provided to its employees during the onboarding process. (ld. at 4, Ex. A.) The first page of the MAA covers the "applicable law" govern...

Excerpt: ... compel further responses to special interrogatory nos. 30. The Court orders responses to be made, without objection, in 15 days. Page 7 of 9 The Court awards sanctons to Plaintiff and against Defendant, but not counsel, in the amount of $1,200, for each motion. Factual / Procedural Context: This is a personal injury achon arising out of a motor vehicle accident that occurred on January 13, 2022. Plaintiff Jonathon Lee Byrd alleges that he was a ...

Excerpt: ...aud and deceit, with 30 days leave to amend. The Court sustains the demurrer to the 2nd cause of acton for breach of the implied covenant of good faith and fair dealing, without leave to amend. The motion to strike punitive damages is denied as moot in light of the Court granting Plaintiff leave to amend the 1st cause of action. The Court grants the motion to strike paragraph 47 of the Complaint, without leave to amend. Factual / Procedural Conte...

Excerpt: ...e Circle, Riverside, California (the "Property"). On November 7, 2023, Plaintiffs, Michele Trujillo and Robert Trujillo ("Plaintiffs") filed a Complaint against Defendants, ANKR, LLC, Alexander Alvarez, James Lopez Vega, and B&J Real Estate Investments (together "Defendants") asserting the following causes of acton: (1) fraud; (2) quiet title; (3) cancellation of home equity sales contract; (4) violation of mortgage consulting contract; (5) cance...

Excerpt: ...laint, '1 6; Declaration of Vanessa Dao ("Dao Decl."), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11-15.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(8); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of ...

Excerpt: ...nal Negligence against multiple healthcare provider defendants, including moving Defendant Parkview Community Hospital ("Defendant Hospital"), regarding treatment rendered to patient Reyna Contreras in the time frame of May 2021. (Separate Statement Fact ("SS") #1) Plaintiff, who is an adult daughter and successor of the patent, contends that negligent treatment relating to a 5/12/21 hysterectomy Page 6 of 15 performed by 0b/Gyn defendant, Hesham...

Excerpt: ...thout leave to amend. The Motion to Strike is therefore moot. Factual / Procedural Context: This case arises out of Manuela Martins-Green's ("Plaintiff") employment as an assistant professor by the Regents of the University of California ("Regents") at university of California, Riverside. In the fall of 2016, Plaintiff learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being impro...

Excerpt: ...Beaumont, Inc. ("Humble Fitness") and Defendants Bedazzling Beaumont, LLC and Reid Bradley. ("Bedazzling"). Plaintiff claimed that Defendants intentionally failed to disclose that Mr. Bradley was aware of a Planet Fitness gym moving in as a tenant directly across the street from the Anytime Fitness location prior to the sale. The Plaintiff claimed the Defendant's fraudulent acts were a substantial factor in causing his business to fail. Trial in ...

Excerpt: ...apers. Specifically, if the Court were to allow a further amendment, the Court would also sustain the demurrer with respect to the Sham Pleading Doctrine and Statute of Frauds grounds, with 30 days leave to amend. All other grounds are overruled. Factual / Procedural Context In December 17, 2004, Plaintiff Hilda Ramirez ("Plaintiff") and Defendant Edgwin Rogel ("Defendant"), were married and took title to 11107 Violet Court in Riverside ("propert...

Excerpt: ...s Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF- 55, which was attached to a 2011 Freightliner vehicle owned b...

Excerpt: ...ins, without leave to amend, the City's demurrer as to the Fifth Cause of action, Violations of Civil Rights against the City. Defendant City is ordered to file its answer within 20 days. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his w...

Excerpt: ...Ford Motor Company ("FMC") and Lake Elsinore Ford ("Lake Elsinore") (collectively, "Defendants") alleging (1) Violation of Civ. Code S 1793.2(d) (against FMC); (2) Violation of Civ. Code S 1793.2(b) (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement — Concealment (against FMC); and (6) Negligent Repair (against Lake Elsinore). On ...