Excerpt: ...610 because Mailing Problem.” (Emphasis in Original.) Plaintiff Riverside County Transportation Commission (RCTC) filed oppositions to these documents on August 12, 2020. On August 17, 2020, Defendants Chang and Young Kim filed additional documents, also that were similarly entitled as above: (1) “Defendants propose Plaintiff lose case because Plaintiff's 8/12/2020 File Exhibit “A” Form CIV‐100 is manipulate. Young H. Kim did not receiv...

Excerpt: .... On June 25, 2020, Plaintiff served a deposition subpoena for production of business records on Pacific Life & Annuity Company. Pacific Life is related to Ridgeview Owner LLC, the prior owner of the subject property. In response to requests for production, Defendant identified Pacific Life as a non‐party that might have documents relevant for requests specifically related to the subject mirror and its installation and maintenance. The SDT seek...

Excerpt: ...in 5 court days. The Petition to grant arbitration is granted. The matter is stayed pending the resolution of arbitration. The Court shall on its own motion set a Hearing re: Status of Arbitration on May 7, 2020, at 8:30 am, to be heard telephonically. FACTUAL / PROCEDURAL CONTEXT This an attorney‐client dispute. Plaintiffs Sherry Lee Collins and her firm Sherry Lee Collins, Attorney at Law, APC (“Plaintiffs” or “Collins”) filed the ori...

Excerpt: ...1 Cal.App.3d 447.) The Court denies the request for sanctions. FACTUAL / PROCEDURAL CONTEXT State Farm moves for a protective order to prohibit the deposition of its claim adjuster, Karen E. Johnson, on the grounds that the deposition testimony provided by Ms. Johnson would be protected by attorney‐client privilege and work product doctrine, and would not be admissible or reasonably calculated to lead to the discovery of admissible evidence. In...

Excerpt: ...d contacted her former servicer, Bank of America, and obtained a loan modification agreement which names Bank of America as the lender, when it was merely the servicer. She disputes Bank of America was the lender and any subsequent assignment. She alleged that Defendant Nationstar is a debt collector with no standing to foreclose and that Defendant Ceja, who purchased the property, is also liable under similar theories. Plaintiff filed this actio...

Excerpt: ...ung's vehicle. Mr. and Ms. Tung (collectively “Plaintiffs”) allege that Defendant was looking at her cellphone when she went through the intersection during a red light at a high rate of speed. On June 5, 2019, Plaintiffs filed their Complaint, in which they assert two causes of action for: (1) Motor Vehicle; and (2) General Negligence. On May 15, 2020, Plaintiff moved for leave to file a first amended complaint (FAC) to add a claim for punit...

Excerpt: ...lly. First, it is not clear that service has been shown to Shawwaf as the County appears to concede in the Reply that service may be improper because it has sought to serve defendant by other means. With respect to the issues of service, however, the Court overrules all objections to the Moore Declaration under either hearsay or relevance grounds. The Court finds that the challenged portions of the declaration are not submitted for the truth of t...

Excerpt: ...action against defendant Nathan Mubasher (“Defendant”) on December 20, 2017, and the operative fourth amended complaint on September 3, 2019. Motion to Compel Appearance at Deposition: After several attempts to set Plaintiff's deposition, Defendants served a Notice of Continuance of Taking Deposition on January 23, 2020 and unilaterally set Plaintiff's deposition for February 27, 2020. Plaintiff failed to appear for the February 27, 2020, dep...

Excerpt: ...d triable issues of material fact as to UMF Nos. 33, 38, 56, 61, 148, 171; and 161 and 184 [which are undisputed but see, PSS, PAMF Nos. 4, 15.] Defendants' objections to the Winch Declaration, ¶ 12 are overruled. FACTUAL / PROCEDURAL CONTEXT Plaintiff eXteres Corporation (“eXteres”) has developed technology that allows companies to better communicate with customers through text messaging. The technology is used by car dealerships, among oth...

Excerpt: ...d demurrers. The Court denies TVH's and Husted's motions to strike. The Court orders Defendants to file their answers within 30 days. FACTUAL / PROCEDURAL CONTEXT This is a medical malpractice matter. On August 25, 2017, Hannah Coates (“Hannah”) was presented to Temecula Valley Hospital, Inc. (“TVH”) with a high fever and pain on her right side. She was admitted for a suspected appendicitis. Hannah and her parents Elizabeth Coates (“Eli...

Excerpt: ...ng a dump truck struck Plaintiff and his vehicle on the eastbound 60 freeway. Plaintiff also alleges that his vehicle, a Toyota Tacoma, had a defect in that the airbags failed to deploy. Plaintiff also named as defendants Dwayne Qualls, Sr., Dwayne Edward Qualls, Jr., Zacharia Smith, Jr., Barbara Smith, Jeremy Dennis and Pirate SVCS. The complaint does not identify their role in the case. The First Amended Complaint, filed 2/7/19, asserts neglige...

Excerpt: ...R. Enterprises, Inc. (the prime contractor) to provide disaster relief services in the aftermath of Hurricane Irma. Plaintiff alleges that Defendant breached the Retainage Agreement dated 9/9/18 when it failed to make the final retention payment of $94,303.43. The complaint, filed 3/6/20, asserts: (1) breach of written contract; (2) open book account; (3) account stated; and (4) violation of Civil Code §8818. Defendant moves to compel arbitratio...

Excerpt: ...rt”), who was the City Manager, displayed tax information concerning Plaintiff's business on a large screen that was visible to the public. Talbert also stated that Plaintiff owed taxes and was a tax dodger. On July 31, 2019, Plaintiff filed his Complaint for Damages against the City and Talbert (collectively “Defendants”). He asserts one cause of action for Violation of Freedom of Speech. The entire action was voluntarily dismissed without...

Excerpt: ... as Plaintiff has not shown a reasonable probability of success on the merits of his claims. The Court dissolves the Temporary Restraining Order and a Temporary Protective Order. Factual / Procedural Context: On June 19, 2020, Plaintiff filed the instant action arising out of the alleged conversion of his business and related properties entrusted to his stepson Defendant Alex Delgadillo, asserting nine causes of action against Defendants: (1) Fin...

Excerpt: ...pines allege they had their house stolen from them by their daughter Leilani L. Dalumpines (now deceased) and her boyfriend, defendant Mauro Ruben Chavez, through two fraudulent grant deeds. Plaintiffs alleges 18 separate causes of action including quiet title, fraud, conversion, elder abuse and related claims against Chavez, successors of decedent Dalumpines and all persons claiming title to the subject property. Other than filing an answer, Cha...

Excerpt: ...ke is moot. FACTUAL / PROCEDURAL CONTEXT This is a legal malpractice case. Plaintiff Mark Borden alleges defendants Lalah Ensafi and Newport Law orally agreed on December 16, 2016 to represent him in a wrongful foreclosure case (Case No. PSC1606284) and provide him with legal services. (First Amended Complaint, ¶ 10.) On May 23, 2017, they brought in attorney Christopher Beckom to assist in the case, without Plaintiff's knowledge or consent. Pla...

Excerpt: ... the case could be heard before the Riverside County Bar Association for fee arbitration. The arbitrator awarded a refund to Barret and Seki in the amount of $ 38,084.84. That amount was never paid by the Griscom who filed an objection and request for trial de novo. The parties then met on October 9, 2013, and executed a binding settlement agreement, under Code of Civil Procedure § 664.6. (Motion, Ex, A.) Under the agreement, the parties “stip...

Excerpt: ...lary Damages attachment as a whole. FACTUAL / PROCEDURAL CONTEXT This is a premises liability/negligence case. Plaintiff, Kamana Mukergee (plaintiff or Mukergee) alleges that she was at Defendant Parkview Community Hospital Medical Center (Parkview) when she was struck by an outward swinging door on two separate occasions (1/18/18 and 11/23/18). Plaintiff alleges that defendant Jennifer Bangalan Taguba (Taguba) was the person who struck her on th...

Excerpt: ...erated by defendants Integrated Care Communities, Inc. and California Drug Consultants, Inc. dba Integrated Care Communities – A1 (“Defendants”) and at which she resided started June 29, 2018, failed to provide adequate care and attention to her basic needs, causing her to suffer from pressure sores, dehydration and other health conditions. Plaintiff filed the Complaint by and through her attorney‐in‐ fact, Carla Singleton, on October 2...

Excerpt: ...e motion only pertaining to the negligent administration of duty. (See Warrick v Superior Court (2005) 35 Cal.4th 1011, 1019.) All other discovery requests are denied. The Court orders that it will conduct an in camera review of these documents to determine whether any such documents exist. The Court will discuss with counsel about the procedure and how the documents are to be transmitted to the Court. FACTUAL / PROCEDURAL CONTEXT Plaintiff Rudy ...

Excerpt: ...Inc., Sun Valley Recovery, Inc. and Hope Canyon Recovery, Inc. (“Plaintiffs”) filed the complaint in this action on November 22, 2016, and the operative first amended complaint (“FAC”) on August 7, 2019, against defendants/cross‐complainants 291 East Camino Monte Vista, Inc. and Rose Swearingen (“Defendants”). The FAC set forth three causes of action: (1) breach of contract; (2) negligent misrepresentations; and (3) money had and re...

Excerpt: ...tiff did not. Defendant Salisbury indicated that she wanted to argue the merits of the motion. As the Court did not have Plaintiff on the phone, the Court continued the motion to Friday, July 24, 2020. Below is the Court's original tentative, which is unchanged from the July 22, 2020 hearing. ** Tentative Ruling: The Court grants the motion for Plaintiff to file a 2nd amended complaint. Plaintiff to file its amended complaint within 5 court days....

Excerpt: ...Furniture is a furniture manufacturer and Robert Brown is the owner. On October 28, 2015, My Chic Nest and Beverly Furniture entered into a written contract under which Beverly Furniture was to manufacture and deliver furniture to My Chic. Beverly Furniture breached this agreement. On May 13, 2016, My Chic filed a Complaint against Beverly Furniture and Robert Brown in the LA Superior Court (case number BC620492). On March 29, 2018, the court ent...

Excerpt: ...of Decedent, Lawrence Johnson, who was a patient at Defendant, Physicians for Healthy Hospitals dba Hemet Valley Medical Center (HVMC) from 11/7/17 through 11/29/17, and of Kindred Hospital – Riverside from 11/29/17 to 1/4/18. Plaintiff alleges that during Decedent's stay he was mentally incapacitated due to dementia and other conditions. Plaintiff allege Defendants had a duty of care to Decedent to plan his care and treatment, ensure he receiv...

Excerpt: ...efendant, Hemet San Jacinto Valley Chamber of Commerce, entered into a written lease agreement on 4/27/11, with Konica Minolta Premier Finance (Konica) to lease commercial equipment. The agreement required Defendant to make 60 monthly payments of $913.92. Plaintiff alleges Defendant defaulted on the agreement and owes the principal sum of $25,487.75, plus interest from the date of breach on 12/28/15. The Complaint was filed on 4/25/17 and alleges...

Excerpt: ... a division of IberiaBank (“VirtualBank”); and IberiaBank (“IberiaBank). Plaintiff, who is the owner of property located in Corona, California (the “Property”) alleges multiple violations of the Homeowner Bill of Rights (“HBOR”). The Complaint sets forth seven causes of action: (1) violation of Civ. Code § 2923.6; (2) violation of Civ. Code § 2923.7; (3) violation of Civ. Code § 2924.11; (4) negligence; (5) intentional misreprese...

Excerpt: ...at he resides in was listed for sale without his knowledge, despite the fact that he made improvements to the property. Plaintiff sought a lis pendens which was denied. Plaintiff then obtained counsel, who then recorded a lis pendens. Defendant, Clare O'Brien (O'Brien) then applied ex parte to expunge the lis pendens. Plaintiff then filed a First Amended Complaint (FAC) on 9/11/19, for breach of contract, fraud and fraud in the inducement. On 10/...

Excerpt: ...inancial Demurrer without leave to amend. The Court sustains CalAtlantic Financial and SPS Affiliates demurrer without leave to amend. Based on the fact that the Court sustained the demurrer without leave to amend, the motion to strike by Trinity Financial is moot. SUMMARY OF MATTER This is a foreclosure action. Plaintiffs Willis Jennings Jr. and Geraldine Jennings (“Plaintiffs”) allege that, on December 21, 2006, they obtained a mortgage loa...

Excerpt: ...current servicer. On 7/3/19, Plaintiff submitted a complete loan modification application, but continued with their foreclosure efforts. She alleges that on 1/29/20, her application was denied and she appealed on 1/30/20. Plaintiff filed this action on 7/23/19. After the court sustained Defendants' demurrer, Plaintiff filed the First Amended Complaint (FAC) on 3/10/20. The FAC asserts: (1) violation of Civil Code §2923.6(c); (2) violation of Civ...

Excerpt: ... is an action for declaratory relief and injunction arising out of a contract dispute. Plaintiff filed the original complaint on February 01 2019. Based on the Proof of Service of Summons filed on February 25, 2019, (“Regions POS”), Regions Bank was purportedly served with summons and complaint via certified mail with return receipt requested, pursuant to Code Civ. Proc., §415.40. The Regions POS, on #6, indicates that the description stated...

Excerpt: ...plaint (“FAC”) on July 1, 2019, against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Health Care Services), California Department of Health and Human Services (together, the “State”) and Inland Empire Health Plan (“IEHP”). Following demurrers by the State and IEHP, Plaintiffs filed the operative second amended co...

Excerpt: ... grants the Motion to Strike with 30 days leave to amend for punitive damages. With respect to the time to respond, if Plaintiff chooses to file a 2nd amended complaint that includes allegations necessary for punitive damages, they should communicate with defense counsel of their intention within 10 days. If Plaintiff does not seek punitive damages, then Defendants shall file their responsive pleading within 30 days after being notified. If Plain...

Excerpt: ...PROCEDURAL CONTEXT This is a foreclosure action. Plaintiffs Bruce Schnaible and Dixie Schnaible (“Plaintiffs”) allege they obtained a mortgage loan from American Home Mortgage (“AHM”) secured by a first and second deed of trust on real property located at 29263 Cool Creek Drive in Sun City for $212,000 and $53,000 respectively. (First Amended Complaint (“FAC”), ¶ 15.) In 2009, Plaintiffs applied for and obtained a loan modification (...

Excerpt: ...erted three causes of action for: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. NGAC was substituted as Defendant by stipulation. A jury trial was held in November 2019. On November 22, 2019, the jury returned a verdict for Plaintiff. On March 6, 2020, the Court entered judgment in favor of Plaintiff against NGAC. Plaintiff now moves to amend the judgment to include NGIC and National Ge...

Excerpt: ...lated to the Future emotional distress damages and reduces the award for future emotional distress to $0.00. Plaintiff shall notify the Court within 15 days from the date of this order if he has accepted the conditions of the order. If he does not, the Court shall reset the matter for a Trial Setting Conference for retrial. I. Irregularities in the Proceedings National General makes several arguments as to why the Court should order a new trial b...

Excerpt: ...es for inquiry or the production requests, they may seek relief either an informal discovery conference from this court or a noticed motion. The Court denies the request for sanctions. FACTUAL / PROCEDURAL CONTEXT This is an action under the Song‐Beverly Act. Plaintiff Ruben Sanchez‐Urquiza (plaintiff) alleges he purchased a new 2015 Nissan Sentra manufactured by defendant Nissan North America, Inc. (Nissan or defendant) that was defective. I...

Excerpt: ...6, Plaintiff Maria Gutierrez was walking to her car near the street sidewalk in front of her residence when she tripped on a raised water meter. She contends that the water meter had lifted and the dirt around it created a hole due to root damage from a tree on city property, resulting in the water meter to shift. On 1/7/20, Plaintiffs added Defendant Stilwell Construction, Inc. as a Doe defendant. After obtaining leave of court, City filed a cro...

Excerpt: ...nd Opitz dispute their rights and responsibilities as to title to the properties, rights to profits from the sales, and whether and in what amount each has made contributions to the partnership. (SACC ¶¶18‐33.) Plaintiff Ali Graham, as assignee of James McBride, filed his Complaint on July 5, 2018 and named Opitz as defendant. On August 20, 2018, Opitz filed his Cross‐Complaint naming McBride and Galam as Cross‐Defendants and bringing twe...

Excerpt: ... is a premises liability/personal injury case. Plaintiff Patricia Pelton (“Plaintiff”) was employed by Defendant CI Security Services, Inc. (“CISS”) as a security guard for Defendant Empire Polo Club (“Empire”), which was managed by Defendant Haagen Company LLC (“Haagen”). On September 23, 2016, as Plaintiff was closing a heavy security gate, the gate fell on her causing serious injuries, although the extent of the damage was cont...

Excerpt: ...the motion to strike the demand for attorney fees for reasons detailed below. FACTUAL / PROCEDURAL CONTEXT Plaintiffs Charles Dale Sacks and Debra Jean Sacks (“Plaintiffs”) filed the complaint in this action on December 4, 2019, and, following a previous motion to strike, the operative first amended complaint (“FAC”) on March 5, 2020, against defendants Margaret McCoy (“McCoy”), Jennifer Pacheco (“Pacheco”), Coldwell Banker Associ...

Excerpt: ...days. If the parties cannot agree on a referee during that time, within 48 hours Plaintiff shall choose three different referees and Defendant shall choose from those three within 48 hours. If Defendant fails to select a referee, Plaintiff shall be permitted to select the referee. The Court shall order that the referee, when selected, shall prepare a report to the Court per CCP § 873.730 et seq. The report shall be returnable to the Court no lat...

Excerpt: ...gainst Sunset Recycling Center (“Sunset Recycling”) and Artashes Balyan (“Balyan). Balyan is alleged to be the owner of Sunset Recycling. The complaint sets forth causes of action for (1) Nuisance Abatement and (2) Crimes Against the Public Health and Safety. The City alleges that Sunset Recycling, alleged to be a “non‐ essential” business, defied state and county orders requiring it to remain closed during the COVID‐19 pandemic (th...

Excerpt: ...er 22, 2020, at 8:30 am in D‐3. FACTUAL / PROCEDURAL CONTEXT Plaintiff Doug Malousis (“Plaintiff”) owned 33% interest in Defendant Cullen, Malousis & Fowlkes, LLC (“CMF”). The remaining interest was owned by Defendant Richard Cullen and Defendant Michael Fowlkes. In June 2019, Defendants Cullen and Fowlkes decided to transfer interests and assets in CMF to Defendant KORE in exchange for shares of KORE. Plaintiff did not support the tran...

Excerpt: ...cers believed that Plaintiff was driving under the influence of a controlled substance or alcohol. Plaintiff contends that he informed the officers that took medication due to a compression fracture in his spine. Plaintiff asserts that when a field sobriety test was performed, there was no indication or evidence that Plaintiff was under the influence of alcohol or any other controlled substance. Despite this, Chavez exceeded his authority and arr...

Excerpt: ...agreement among other issues, and in response, the City Manager, Darrell Talbert, displayed Plaintiff's private tax information on an overhead screen visible to the public and pointed out that Plaintiff owed the City sales taxes. When Plaintiff addressed the Council on another issue concerning co‐mingling of enterprise and general fund monies among other issues, Talbert told Plaintiff to pay his tax bill. On another agenda item, Plaintiff did n...

Excerpt: ...��), who is alleged to have been intoxicated and driving a company pickup truck. Plaintiff filed the first action, Long v. McCarty et al. (RIC 1720939) (the “Prior Action”), on November 11, 2017, against McCarty and his employer, Digital Networks Group (“DNG”). McCarty was dismissed from the action without prejudice on May 25, 2018, and the action proceeded against DNG. The Court notes that no request for dismissal was actually filed in t...

Excerpt: .... Plaintiff alleges that Hernandez and Langston met and engaged Robert Hollingsworth, an employee of Plaintiff, to perform the work on the home as a side job which was not to be disclosed to Plaintiff. Plaintiff contends that Hollingsworth, with the knowledge of all Defendants, used Plaintiff's employees, materials, equipment and credit cards to perform the work without the knowledge of Plaintiff. The Complaint alleges that upon Plaintiff's disco...

Excerpt: ...ntiff must seek leave of court by way of motion or stipulation prior to adding new causes of action and/or defendants. FACTUAL / PROCEDURAL CONTEXT Plaintiff Steve Smith (“Plaintiff”) and Defendant John Suhr (“John”) formed Defendant JS Technologies, Inc. (“JST”) in 1997. Plaintiff oversaw business operations while John was in charge of designing and managing production of guitars produced by the JST. Currently, Plaintiff and Surh eac...

Excerpt: ...e Communities – A1 (“Defendants”) and at which she resided started June 29, 2018, failed to provide adequate care and attention to her basic needs, causing her to suffer from pressure sores, dehydration and other health conditions. Plaintiff filed the Complaint by and through her attorney‐in‐ fact, Carla Singleton, on October 25, 2019, and the First Amended Complaint on February 18, 2020, alleging elder abuse (neglect) and negligence. P...

Excerpt: ...ict finding that Defendant Staff Pro was negligent, but that Staff Pro's negligence was not a substantial factor in causing Plaintiff harm. Plaintiff has moved for a new trial and a JNOV alleging errors of law with respect to the admission of defense causation expert Ken Martin's testimony. For the reasons stated below, the Court denies both motions. Motion for New Trial A judge may grant a new trial based on an error in law that occurred at the ...

Excerpt: ... parents executed their wills and made the wills part of the trust. Collectively plaintiff refers to the Jackson Family Trust dated January 7, 1999 and his parents' wills as the Jackson Family Estate. Plaintiff alleges that Trust A was a revocable trust naming his mother Sandra Jackson as the trustee and beneficiary in the event Fred passed away first. Plaintiff asserts that Trust A becomes irrevocable upon the death of Plaintiff's mother. Plaint...

Excerpt: ...of harms weighed in favor of the County. Defendant Keniston personally appeared Pro Per at the TRO hearing. The Court granted him the opportunity to file an opposition to the OSC by March 13, 2020. Although the Court did not receive an opposition to the OSC, Defendant Keniston filed a verified answer on March 13, 2020 stating that the County has “manufactured this action as a pretext to either take the Property from Plaintiff (sic., it is assum...

Excerpt: ... the sale for 30 years at 4.00% interest with monthly payments of $3,193.66. He also agreed to complete a lot line adjustment to merge two lots comprising the property that the Mitchells were buying from Vaverka. The Mitchells contend after two years of making payments under the written purchase agreement, Vaverka failed to complete the lot line adjustment and unilaterally treated the purchase agreement as a rental agreement and served a 60‐day...

Excerpt: ...ce to determine whether sanctions are appropriate. The evidence demonstrates that attorney Hrouda previously represented Michael Gonzalez. According to the judicially noticed documents from Exhibit 1 of the motion, Mr. Hrouda, per the declaration of Mr. Gonzalez, abandoned his client, which caused unnecessary delay to the Gomez litigants. CCP section 128.5(a) states that “trial court may order a party, the party's attorney, or both, to pay the ...

Excerpt: ...artinez, Luis Robles, Justin Tamashiro and George Atilano alleged that they enrolled in Defendant California Baptist University's Aviation Flight program. Plaintiffs allege that the program is designed for students who want to become commercial airline pilots. The 2016‐2017 and 2017‐2018 catalogs indicates that students with no flight experience will receive six FAA credentials, and 200‐250 flight hours (2016‐2017) and 250‐300 flights h...

Excerpt: ...‐for causation, Plaintiffs have controverted that burden by showing that a genuine triable issue of one or more material facts exist. The Court grants Defendants' Request for Judicial Notice Exhs. 1‐2 to the extent these records exist as part of the court record or file, and should not accept as true matters which are considered inadmissible hearsay or that which are not indisputably true. The Court denies the request to take judicial notice ...

Excerpt: ...on, M.D. (“Dr. Jackson”), State of California (erroneously sued as “State of California, Department of Health Care Services” and “California Department of Health and Human Services”) (the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, “Plaintiffs”) are the parents of the decedent child, Natalie Franchini (“Natalie”), who was bo...

Excerpt: ... both injured. Plaintiffs also allege there was a dangerous condition of property at the intersection because the stop sign was obstructed by a large tree. Plaintiffs filed their Complaint on 9/28/18, which was amended most recently on 9/13/19, and alleges four causes of action: 1) negligence; 2) negligence per se; 3) general negligence; and, 4) dangerous condition of public property. Defendant/Cross‐Complainant, Hammock, filed a Cross‐Compla...

Excerpt: ...purchased a new 2016 RAM 2500 that contained multiple defects. On 5/3/19, Plaintiff filed his complaint for (1) breach of implied warranty (Song‐Beverly); (2) breach of express warranty (Song‐Beverly); and (3) negligent repair. Trial is set for 7/31/20. Moving Papers: Plaintiff moves to compel the deposition of Defendant's PMQ because Defendant has refused to produce a PMQ. He argues Defendant's objections to the deposition notice are imprope...

Excerpt: ...the Costco Store located at 12700 Day St. in Moreno Valley. (Complaint, ¶ 9.) Plaintiff alleges that on June 9, 2018, while shopping at the Moreno Valley Costco, she stepped onto a wooden pallet located inside of a walk‐in cooler in order to reach a box containing two gallons of milk. (Id., ¶ 11.) As she removed the box, the pallet broke, and Plaintiff's left foot was caught within the pallet causing her to fall and sustain serious injuries. ...

Excerpt: ...er receiving the loan modification application. On October 22, 2019, her loan modification application was denied. She alleged that Citibank, N.A. (the current beneficiary of the mortgage loan) failed to advise her in writing within 30 days that her mortgage or deed of trust was transferred or assigned to a third party. Page 2 of 3 The complaint asserts the following causes of action: (1) violation of Civil Code § 2923.6(c), (2) violation of Civ...

Excerpt: ...ave to amend from March 16, 2020, which is the hearing date for the Husted demurrer. The Court denies the motion to strike as to the request for attorney's fees and injunctive relief. The Court grants the motion to strike with leave to amend as to the request for punitive damages. SUMMARY OF MATTER This is a medical malpractice matter. On August 25, 2017, Hannah Coates (“Hannah”) was presented to Temecula Valley Hospital, Inc. (“TVH”) wit...

Excerpt: ...18 she was involved in an accident at Sampson Avenue just east of Mariah Circle in Corona. She alleges that Defendant, Tiffany Davis owned and operated the vehicle that collided with her vehicle. Plaintiff filed her Complaint on July 30, 2019 alleging two causes of action for motor vehicle and general negligence. Summary of Motion: Plaintiff brings this motion to quash the deposition subpoena for her employment records issued to Caliber Collison ...

Excerpt: ... counsel can articulate a non‐liability reason that does not violate Evidence Code section 1152, this paragraph will be stricken without leave to amend. With respect to the request for non‐ economic damages, the Court shall grant Plaintiff 20 days leave to amend. FACTUAL / PROCEDURAL CONTEXT Plaintiffs filed the complaint (the “Complaint”) in this action on December 4, 2019, against among others, defendants Margaret McCoy (“McCoy”), J...

Excerpt: ...sional negligence and breach of fiduciary duty against its former counsel, Defendants Salisbury Group, Inc., Lisa Salisbury and Ivan U. Cisneros. In an underlying suit, Barnum v. Aware Self‐Storage Inc (BAC 1300908) for ADA violations, Plaintiff told its manager of the property, TNT, to handle the matter; TNT hired Defendants. Defendants stipulated to a judgment in which there was no legal merit to the claim and without Plaintiff's approval. Mo...

Excerpt: ...ot have the date she signed or where she signed the declaration, both of which are required under CCP section 2015.5. If a signed declaration is submitted prior to the hearing, the objections are overruled. However, even if the declarations are considered, they do not change the tentative ruling. SUMMARY OF MATTER Background & Relevant Procedural History: This is an employment discrimination action based on age and medical condition. Plaintiff, K...

Excerpt: ...unty of Riverside (the “County”), Riverside County Department of Public Social Services (Child Protective Services) (“CPS”), Creative Solutions for Kids & Families, Inc. (“Creative Solutions”) and Tania Luke (“Luke”) (collectively, “Defendants”). A.S., a three‐year old child of a mother and father who were both minors at the time the Complaint was filed, was taken by CPS and placed in a foster home because of alleged neglect...

Excerpt: ...ose Ortiz filed the complaint for personal injury against Defendant. On December 18, 2019, a Proof of Service of Summons (“POS”) was filed, indicating Defendant was served by substitute service on December 12, 2019. (POS, No. 5b.) The POS states the summons and complaint were left in the presence of the occupant, Maria Mendoza, at the property address of 16162 Andover Dr., Victorville, CA 92394 (“property”). (POS, Nos., 3b, 5b.) The POS f...

Excerpt: ...gional Hospital in Palm Springs, Nicole M. Ortiz, NMD., Dr. Sydney Pardino, and Institute of Clinical Orthopedics & Neuroscience. The Court denies the request for sanctions. SUMMARY OF MATTER: Plaintiff, Cardinal Ambrose, alleges that Defendants, Albert Management, Inc. (AMI) and Albert Management Corporation (AMC) are entities doing business in the City of Palm Desert, and that Defendant, Lori Catherine Gonzales aka Lori Albert (Ms. Albert) is t...

Excerpt: ...subject to an adverse employment action within the meaning of FEHA. The burden shifted to Plaintiff, but Plaintiff failed to produce sufficient evidence showing a triable issue of fact. 2 nd, 4th, 6th and 7th causes of action: DENIED. Defendant failed to meet its initial burden that the alleged harassment was not severe or pervasive because its own evidence shows triable issues of fact and/or Plaintiff produced sufficient evidence showing triable...

Excerpt: ...f's evidentiary objections to the Caseldine Declaration. Page 16 of 19 FACTUAL / PROCEDURAL CONTEXT Plaintiff Glen Ivy Recreational Vehicle Park Owners Association (“Plaintiff”) filed the complaint in this action on September 5, 2019 and the operative first amended complaint (“FAC”) on November 20, 2019. Plaintiff is the owner association for the common interest development known as Glen Ivy RV Park (the “Park”) in Corona, CA. (FAC, �...

Excerpt: ... Improvement Program Agreement (“SFIP”) and an Essential Brand Elements Agreement (“EBE”) with deft. GM paid $734,000 in exchange for Defendant's agreement to upgrade its facility in compliance with GM's Facility Image Requirement, and its agreement to provide exclusive dealership sales and service facilities for Chevrolet at the Dealership Premises for 15 years after completion of the upgrades. Defendant allegedly breached the SFIP and E...

Excerpt: ...and Geraldine Jennings (“Plaintiffs”) allege that, on December 21, 2006, they obtained a mortgage loan from Family Lending Services, Inc. (“FLS”) in the amount of $596,600, which loan was secured by a deed of trust on property (“DOT 1”) located at 8211 Fieldstream Court in Corona (“subject property”). (First Amended Complaint (“FAC”), ¶¶ 12, 13.) Plaintiffs also obtained a second loan in the amount of $149,150, secured by a ...

Excerpt: ...ndants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Health Care Services), California Department of Health and Human Services (together, the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, “Plaintiffs”) are the parents of the deceden...

Excerpt: ...��) on February 15, 2019, against defendants S&S Venues California LLC (“S&S”), Sportech Venues, Inc. (“Sportech”) and Silky Sullivans Group, LLC (“Silky Sullivans”). Plaintiff is the owner of commercial property (the “Premises”) located on Hamner Avenue in Norco, California. (FAC, ¶ 3.) On or about November 15, 2013, Plaintiff entered into a lease (the “Lease”) with S&S for a term of ten years. (FAC, ¶ 8, Exhibit 1.) Sporte...

Excerpt: ...thers. (See Undisputed Material Fact Nos. 1 and 10, and the evidence cited in support and in opposition.) The motion is granted as to Issue No. 2 for constructive fraud because plaintiffs concede they make no such claim against Jason Brawner and Lisa Brawner. Page 2 of 5 The motion is granted as to Issue No. 3 for conversion because plaintiffs concede they make no such claim against the Brawners. The motion is granted as to the claim for punitive...

Excerpt: .... The jury entered a verdict for Plaintiff against PBS, Chan and Defendant A Touch of Brass, Inc. (collectively “Defendants”). Following a Court ruling as to the alter ego allegations, Judgment was entered on October 16, 2019. The Notice of Entry of Judgment was mailed on October 24, 2019. On November 5, 2019, Plaintiff filed a Memorandum of Costs (Summary) requesting $48,056.07. Plaintiff attempted to file a Memorandum of Costs (Worksheet), ...

Excerpt: ...facts of this case are well‐documented in the Court's Statement of Decision, which will not be repeated here except to briefly state that after Plaintiff filed her action seeking to quiet title, Linda filed a cross‐complaint against Plaintiff and Kurt. With respect to Kurt, Linda filed her action against him because he was still on title at the time of the lawsuit. On 11/18/19, judgment was entered in Plaintiff's favor. The Court denied any r...

Excerpt: ...aintiff was driving a 2002 Saf‐T‐Liner ER rear engine school bus (“subject bus”) manufactured by Defendants Thomas Built Buses, Inc. (“Thomas”) and Daimler Trucks North America (“Daimler”) when a component hose manufactured by Defendant Goodyear Tire and Rubber Company (“Goodyear”) exploded sending hot coolant through the dashboard and into the driver area. Plaintiff suffered burns and other physical injuries. Plaintiff filed ...

Excerpt: ...de. Defendant Kathleen Samoline owns the property. The complaint asserts: (1) unlawful maintenance of a public nuisance (Banning Municipal Code); (2) narcotics abatement (Health & Safety Code §11570); (3) public nuisance (Civil Code §3479); (4) public nuisance (Banning Municipal Code §5.34.080); (5) MAUCRSA (Business & Professions Code §26000); (6) unpaid administrative fines (Government Code §53069.4) (against Samoline only); (7) and declar...

Excerpt: ...o be placed in a lottery to obtain a license to operate commercial cannabis business. Petitioners' application was denied and they were determined to be ineligible for participation in the lottery for currently operating an unlicensed cannabis business within the City of Banning. Petitioners appealed this decision. They contend that the City failed to provide any evidence that they operated a commercial cannabis on another property or that City i...

Excerpt: ...toppel doctrine and irreparable harm if an injunction were not issued. Plaintiffs shall post a nominal bond of $1,000 within 30 days. Demurrer: Defendant's request for judicial notice is GRANTED as to Exs. 2‐4, and DENIED as to Ex. 1. The demurrer is OVERRULED as to the 7th cause of action for promissory estoppel. The demurrer is SUSTAINED as to all other causes of action with 30 days' leave to amend. SUMMARY OF MATTER: This is a foreclosure ac...

Excerpt: ...e prevailing party for purposes of the Civ. Code § 1717. (Civ. Code § 1717(b)(2); Santisas v. Goodin (1998) 17 Cal.4th 599, 617; Marina Glencoe v. Neue Sentimental Film AG (2008) 168 Cal.App.4th 874, 876.) Moreover, even assuming that Defendant were entitled to recover attorney fees, she was required to bring a noticed motion, as there is no indication that the amount of fees can be fixed without the necessity of a court determination. (CRC 3.1...

Excerpt: ...rcia notarized by Defendant Alejandra Castillo. Plaintiff alleges defendants Francisco Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Francisco Javier Garcia, recorded on 11/14/15 notarized by Juan Castillo. Subsequent to sustaining Defendant Alejandra Castillo's demurrer to the First Amended Complaint, Plaintiff filed his Second Amended Complaint(SAC) against defenda...

Excerpt: ... supplemental opposition and/or declaration by 3/23/20. Defendants shall be permitted to file a supplemental reply by 3/31/20. Because these dates are after the currently scheduled MSC and JT, the Court shall continue the MSC to May 13, 2020, at 2:00pm in D‐12 and the JT date to June 12, 2020, at 8:30am in D‐3. Page 3 of 7 SUMMARY OF MATTER This is a dispute between shareholders of a closely‐held corporation. Plaintiff Andrew Yeghnazar (“...

Excerpt: ...17, 2019. The Answer sets forth a general denial and ten affirmative defenses. After engaging in limited discovery Plaintiff made an “informal request” that Defendant withdraw her general denial and affirmative defenses. After Defendant failed to amend her answer, the present motion ensued. * * * Plaintiff moves for an award of sanctions under CCP § 128.7 on the ground that Defendant failed to withdraw her general denial and affirmative defe...

Excerpt: ...Ramona Expressway in Perris. Plaintiff Lorena Arciga (“Plaintiff”) alleges Defendant Montrell Cortez Antoine (“Defendant”) negligently drove his vehicle causing a collision that severely injured Plaintiff. Plaintiff filed the form complaint on October 2, 2019, alleging 1) motor vehicle negligence; 2) general negligence; and 3) negligence per se. Defendant filed the Answer on November 25, 2019, containing a general denial and 8 affirmative...

Excerpt: ...(collectively “Plaintiffs”) allege that due to eXteres' success in the car industry, The Connections Group, Inc. (“TCGI”) approached Plaintiffs about forming a strategic partnership, which would allow eXteres to market and sell TCGI products and services and would have Winch assume the role of Chief Operating Officer for TCGI. Plaintiffs and TCGI entered into a memorandum of understanding (“MOU”) and Plaintiffs undertook work to make ...

Excerpt: ...th CRC 3.1345 no later than February 7, 2020. Defendant is permitted to respond to the separate statement no later than February 13, 2020. SUMMARY OF MATTER This is products liability/personal injury case. Plaintiff Lanette Boyce (“Plaintiff”) was employed as a school bus driver for Jurupa Unified School District (“District”). On March 8, 2017, Plaintiff was driving a 2002 Saf‐T‐Liner ER rear engine school bus (“subject bus”) manu...

Excerpt: ...des have expressed confusion as to the other side's position. If at the time of the hearing one side requests oral argument, both sides Page 2 of 3 should appear to clarify this issue. If neither side requests oral argument, then both parties shall meet and confer. The Court denies the request for sanctions. SUMMARY OF MATTER Plaintiff Carlton Koontz alleges that on 6/12/16, he purchased a new 2016 RAM 2500 that contained multiple defects. On 5/3...

Excerpt: ... in the Subject Property to her daughter, Defendant Holly Jean Martin (“Defendant” or “Holly”) as joint tenants. Plaintiff Delbert Knight, as attorney‐in‐fact for Bonnie Knight (“Plaintiff”), alleges that Defendant refuses to share rents and profits from the Subject Property with Bonnie. Plaintiff filed his Complaint on February 15, 2019. He asserts two causes of action for: (1) Partition; and (2) Quiet Title. On November 27, 2019...

Excerpt: ... calendar the Hearing re: status re settlement as moot. The Court notes that in the prior tentative ruling for the hearing on plaintiff's first motion for preliminary approval, the Court specifically identified three provisions in the proposed settlement that the court was not likely to approve. While plaintiff modified the release provisions, the modifications are insufficient. Additionally, the proposed service award to plaintiff and the propos...

Excerpt: ... 2011 Buick Regal (the “Vehicle”). The complaint sets forth causes of action under the Song‐Beverly Consumer Warranty Act for breach of express and implied warranties. By this Motion, Plaintiffs seek to compel the deposition of the person most knowledgeable (PMK) from Defendant. Plaintiffs contend that Defendant has refused to produce a witness to testify as to all categories set forth in Plaintiffs' deposition notice and has objected to th...

Excerpt: ...SUMMARY OF MATTER Background & Relevant Procedural History: This is a dispute between shareholders of a business. Plaintiff Andrew Yeghnazar (“Plaintiff”), defendant Diana Vise (“Vise”), Troy Blythe, and Tina Blythe are shareholders of defendant Blacoh Fluid Controls, Inc. (“Blacoh”). Blacoh's board of directors consists of Plaintiff, Vise, and Gary L. Cornell. Plaintiff, Vise, and Tina Blythe were also employed by Blacoh. Plaintiff w...

Excerpt: ...rinology Specialists, Inc., an entity owned by defendant Chao‐Huang Sun, M.D., and that when he spoke with the receptionist he was told that the doctor with whom he was attempting to make the appointment, defendant Tarcisio Diaz, M.D., (no relation to Plaintiff) did not see transgender patients. Plaintiff further claims that he called again the next day and was again told by the same receptionist that he could not have an appointment because Dr...

Excerpt: ...ill occasionally deny leave to amend/supplement when the motion is brought on the eve of trial [see Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487‐ 88], “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Kittredge Sports Co., supra, 213 Cal.App.3d at 1048; see also Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; Hirsa v. Superior Court (1981) 1...

Excerpt: ... attorney's fees incurred in the collection of sums hereunder, whether through legal proceedings or otherwise, to the extent permitted by law. Plaintiff asserts that the amount sought is reasonable and that it was Defendants' litigation who made this much more expensive than necessary for a simple breach of contract claim. Page 6 of 8 Opposition: Defendants contend that the attorney fees provision is narrow and does not allow for tort and non ‐...

Excerpt: ...235 Navajo Road in Perris. (The Court refers to the party's by their first name out of convenience; no disrespect is intended.) The complaint alleges the following causes of action: 1. Partition; 2. Ejectment; 3. Declaratory Relief. Defendant also filed a cross‐complaint, alleging the following causes of action: 1. Partition; 2. Ejectment; 3. Declaratory Relief. The cross‐complaint alleges that Alicia has been excluded from the property by he...

Excerpt: ...ent of the sale until there has been compliance. (Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 77.) Moreover, a borrower does not state a cause of action under § 2923.5 where, as in the present case, he alleges repeated contacts regarding a possible loan modification. (Rossberg v. Bank of America (2013) 219 Cal.App.4th 1481, 1494‐95.) In any event, there is no dispute that Bayview reviewed Plaintiff for a loan modification...

Excerpt: ...truck by a vehicle while crossing Market Street in the City of Jurupa Valley after using the restroom at Defendant Adams Motorsport Park (Defendant.) Plaintiffs allege that Defendants caused a dangerous condition to exist for both motorists and pedestrians accessing Adams Motorsport Park via a dirt shoulder area (termed subject auxiliary lot) in order to park (excess/overflow parking) and watch events at Adams Motorsport Park. As a result, Plaint...