Excerpt: ...ation as to the supplemental responses. If no supplemental responses have been served, then the Court grants the motion as to Requests Nos. 12, 13, 30, 32, 33, 42, 43, 44. The Court denies as to No. 34. The Court denies the request for monetary sanctions. Factual / Procedural Context Plaintiff Sunil Sujan, M.D. ("Sujan") was a physician with admitting privileges at UHSCorona, Inc. dba Corona Regional Medical Center ("CRMC"). Sujan contends that w...

Excerpt: ...n, and the tailgate, "among other defects and non-conformities." (Complaint, 915.) Defendant propounded discovery on December 7, 2022 that included the first set of special interrogatories. Responses were served on February 9, 2023 with the verification served February 14, and the parties then began meeting and conferring. On April 28 this motion was filed, seeking further responses to 18 of the special interrogatories. On July 12, plaintiff serv...

Excerpt: ...posed motions to compel Plaintiff to respond to Requests for Production and Form Interrogatories. The court further imposed monetary sanctions against Plaintiff in the total amount of $970. Notice of entry was filed and served on June 7, 2023. * * * Plaintiff now moves for reconsideration of the award of sanctons and argues that she was not aware that she had to check the tentative ruling and then call to schedule oral argument. Plaintiff further...

Excerpt: ...tative Ruling: The Court overrules the demurrer to the 2nd cause of acton. The Court denies the motion to strike. Factual/procedural Context: This is an action under the Song-Beverly Act in which Plaintiffs Rosalba Suarez Gonzalez and Oscar Sanchez Hernandez allege two causes of actions against American Honda Motor Co., Inc. for 1) breach of express warranty, and 2) fraudulent inducement/concealment. Page 3 of 7 Defendant American Honda Motor Co�...

Excerpt: ... owned by Debtor Mainstream Investments, Inc. ("Debtor" or "Mainstream") under California's Uniform Voidable Transactions Act (UTVA). The sole remedy sought by Plaintiffs in this action is for awidance of the transfer, i.e., return of the property back to the Debtor so that Plaintiffs may collect upon a prior Judgment against the Debtor. (See Verified First Amended Complaint, Prayer for Relief ("FAC").) As alleged in the FAC, from December 8, 201...

Excerpt: ...ed, but Plaintiff did not, and the Court granted GCE's motion for dismissal. Plaintiff's motion was thus continued to today's date. As such, with respect to Plaintiff's motion, the Court is inclined to grant the motion to enforce the settlement, but orders Plaintiff to appear to discuss whether the Court should order a Judgment pursuant to the terms of the agreement, or some further order. With respect to prejudgment interest, the Court has no in...

Excerpt: ...l / Procedural Context: This is an employment dispute. On May 3, 2023, Plaintiff filed a Complaint against Defendants, alleging (1) discrimination in violation of FEHA, (2) hostile work environment harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to provide reasonable accommodation in violation of FEHA, (5) failure to engage in the interactive process in violation of FEHA, (6) failure to prevent discrimination, h...

Excerpt: ...6- 7). Plaintiff then alleges that various defectors or nonconformities manifested within the warranty period and that defendant has failed to replace or make restitution. Defendant now moves to compel arbitration, citing the arbitration clause in the retail installment sales contract plaintiff entered into with the seller, Spreen Honda. Citing to Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 498, defendant contends that the causes of acton ...

Excerpt: ...n on October 13, 2021 against defendant Loma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Dr. Jessie Rollins ("Dr. Rollins"), a primary-care physician. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, '1 14.) X...

Excerpt: ...and 27-28; 2. Page 4, lines 1-4, 5-20, 21-26, and 27; 3. Page 5, lines 1-4, 5- 10, 11-23, 24, and 25; 4. Page 6, lines 1, 2, 11, and 20; 5. Page 7, lines 14- 15, 17, 18, 19, 22, 23-24, and 26- 27; 6. Page 8, lines 1- 2, 11- 20, 21, 23, 26, and 27; 7. Page 9, lines 1, 4-5, and 22; 8. Page 10, lines 2- 3; 9. Page 11, lines 1, and 13- 14; 10. Page 12, lines 6, 7, 10, and 27-28; 11. Page 13, lines 1-8, 10, 11, 12, and 26-28; 12. Page 14, lines 1-7, 9...

Excerpt: ..., 14th, and 17th causes of action for (1) Survival Acton: Negligence; (2) Wrongful Death: Negligence; (3) Survival Action: Negligent Hiring, Training, Supervision, and/or Retention; (4) Wrongful Death: Negligent Hiring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. With respect to Caltrans' demurrer, the demurrer is overruled. Caltrans shall file an answer within 10 days after Plaintifffiles their amended compla...

Excerpt: ... medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of achon for professional negligence. The Court sustained a demurrer to Plaintiff's Complaint on 3/8/23 with leave to amend. Defendants...

Excerpt: ...respect to prejudgment interest, the Court has no information as to the amount of prejudgment interest, and thus orders counsel to appear. The Court shall grant attorneys' fees and costs pursuant to the terms of the Settlement Agreement in the amount of $3,065.00, but not pursuant to CCP S 128.5. The Court imposes sanctions only against Kamran Staffing, not defense counsel. With respect to GCE International's joinder, the Court grants the motion ...

Excerpt: ...oma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Alvin Leroy Hensel, M.D. ("Dr. Hensel"), a board-certified radiologist. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, 14.) X-rays taken at LLUMC revealed flui...

Excerpt: ...' subcontract. Although the instant action for declaratory relief seeks judicial determination of issues that concerns the legality of the parties' subcontract, and such "issue is one for judicial determination upon the evidence presented to the trial court" (Loving & Evans v. Blick (1949) 33 Cal.2d 603, 609), Plaintiff AVL has not submitted evidence demonstrating that the illegality of the contract to justify denying the motion. The Court orders...

Excerpt: ...ecision of an administrative body. The Court orders the parties to appear to discuss how the cross-petition should proceed. Factual / Procedural Context: Real Party in Interest/cross- Petitioner Brenda Chavez ("Chavez") was employed by petitioner/Cross-Respondent Riverside Unified School District ("District") in 2005. At all relevant times, Chavez was permanent certified employee working as an Early Childhood Special Education Preschool Teacher a...

Excerpt: ... ("FCA") provided express and implied warranties. (Compl. 15) Plaintiffs allege that FCA was unable to conform the vehicle to warranty and refused to provide any relief under the Song-Beverly Act as required. (Compl. 19.) On August 16, 2021, Plaintiffs filed a Complaint against Defendants FCA and Moss Bros. CJD, Inc., alleging (1) breach of express warranty—violation of Song-Beverly Act, (2) breach of implied warranty—violation of Song-Beverl...

Excerpt: ...ff Banning Heights Mutual Water Company alleges defendant James F. Lefebvre engaged in gross misconduct while serving as its general counsel from to 2CG. On February 26, 2010, Plaintiff filed the original complaint against Defendant for legal malpractice, breach of fiduciary duty and breach of contract and filed a prcff of service by mail. Plaintiff filed a requestfor default and submitted a default package to the Court. The Court denied the defa...

Excerpt: ...ligence on the grounds that Defendant met the standard of care, summary adjudication of the second cause of action for res ipsa loquitur because it didn't have exclusive control of the retained foreign object. II. EVIDENCE SUPPORTING MOTION Defendant submitted the Request for Judicial Notice and the declarations of Susan Heider, John Deacon, M.D., and exhibits. Request for Judicial Notice: Defendant requests that the court take judicial notice of...

Excerpt: ...d's motion for judgment on the pleadings. Factual / Procedural Context: On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the warranty period — includin...

Excerpt: ...Riverside Nissan. (Complaint, 6.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (Complaint 11-12, 26, 32 and 42.) The Complaint sets forth causes of action for: (1) Violation of Song-Beverly Act, Section 1793.2 (D) Violation of Song-Beverly Act,...

Excerpt: ...e process, 5) failure to prevent discrimination and retaliation, and 6) declaratory relief. A jury trial was held and the jury found for Plaintiff and awarded damages. Furthermore, the judgment reflects that Plaintiff is entitled to reasonable attorneys' fees and costs, including expert witness fees, upon a noticed motion for attorneys' fees a based upon a Memorandum of Costs. On May 15, 2023, Plaintiff filed their motion for attorneys' fees and ...

Excerpt: ...dent of City of Moreno Valley, California, who described herself as a person who "could be considered a Moreno Valley Activist." (FAC, 7.) Defendant Patricia Jacques-Nares ("Defendant") is the former City Clerk for Moreno Valley. Through her activism, Plaintiff frequently communicated with Defendant. Plaintiff alleges that tenants of a property located at 15309 La Palma Way, Moreno Valley ("Subject Property") were operating an illegal motorcycle ...

Excerpt: ...L FURTHER DEPOSITION TESTIMONY FROM DEFENDANT LEGEND INVESTMENT MANAGEMENT, LP Tentative Ruling: The Court grants the motions to compel, and orders Defendant American Everglow Regional Center, LLC, Legend nvestment Management, LLC and Glory Investment International, lnc to PMQs as to each respective topic within 30 days. As for sanctions, the Court finds substantial justification not to award sanctions to either side, and denies each request. Fac...

Excerpt: ...5,000) OF STACIE OLSON CVSW2204456 OLSON VS LOMA LINDA UNIVERSITY MEDICAL CENTER - MURRIETA MOTION FOR SUMMARY JUDGMENT ON COMPLAINT FOR MEDICAL MALPRACTICE (OVER $25,000) OF STACIE OLSON Tentative Ruling: The Court grants Defendants Jaime De'Jesus Perez, P.A, Michael James Garcia, M.D„ Carl Murillo, M.D., and Gary Thomas Baldwin, P.A.'s unopposed motions for summary judgment. Factual/procedural Content: This is a medical malpractice action. Pl...