Excerpt: ...20 days. The Court is mindful the parties have a case management hearing set today. To allow the parties to get the case at-issue and complete discovery, the Court shall continue the case management hearing to December 7, 2023 at 8:30am. All parties are ordered to file u#ated CMC statements prior to that date. Factual / Procedural Context: On July 12, 2020, Plaintiffs purchased a 2020 Chevrolet Silverado. (Complaint at '1 11.) On February 24, 202...

Excerpt: ...use of action as to Torres. The Court sustains the demurrer to the fifth cause of action regarding Regents. Unless Plaintiff can articulate facts to cwercome a subsequent demurrer, the Court sustains these causes of action without leave to amend. The Court overrules the remainder of the demurrer. The Court denies the motion to strike. Factual / Procedural Context: This is case arises out of Manuela Martins-Green's ("Plaintiff") employment (and in...

Excerpt: ...he motion as to RFP no. 5. The Court denies the entirety of the motion to compel further responses to special interrogatories. The Court denies both parties' requests for sanctions or costs. TSC — Arbitration Venue Furthermore, the Court is mindful that on today's calendar is a trial setting conference, however, the parties indicated that they would submit to binding arbitration with a bar association. The issue is what the proper venue should ...

Excerpt: ...herd, Inc. and Nader Habil, allege that Shepherd was formed to purchase certain business assets from Defendants, Magdy Helmy Baskharoon (Baskharoon) and Select Investments, LLC (Select), who owned and operated Norco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $165,000. As conditions of sale, Defendants made representations and warranti...

Excerpt: ...(2) nuisance per se; and (3) unlawful business practices. Plaintiffs allege that Defendants Juan Carmelo Nunez, Adriana Nunez and Lucy Huidor own commercial real property in Jurupa Valley that is subject to a deed of trust by Peter A. Corti and UJius Corn trustees under the Peter A. and Lois M. Corti Family Trust. City conducted an inspection finding unpermitted electrical conduits, connections modifying the existing electrical panel, and a large...

Excerpt: ...If the meet and confer efforts are not successful, the Court invites the parties to engage in an informal discovery conference prior to filing another motion to compel. Factual / Procedural Context On July 10, 2021, Plaintiff leased a new 2021 Hyundai Kona EV. Plaintiff alleges that during the warranty period the vehicle contained or developed defects. Plaintiff presented the subject vehicle to Defendant's authorized repair facility on numerous o...

Excerpt: ...al / Procedural Context: Plaintiff Rick Romandetta is the son of decedent Louise Romandetta. Decedent was recovering from strokes, hypertension and atrial fibrillation. Doctors prescribed Xarelto on a daily basis to treat her atrial fibrillation and prevent future strokes. Decedent received home health care services by Defendant Equanimity Hospice & Palliative Care ("Equanimity"), where lead care was designated to Defendant David Fukada, M.D. Dec...

Excerpt: ...aj Kumar Pandey formed the corporate entity. Plaintiff purchased a new commercial truck that was financed through Opportunity Fund, who demanded that the truck be put in the name of the party with a valid Commercial Driving License. Only Defendant Pandey had the license and the parties agreed to put the truck in Defendant's name, which was formalized in a Tractor Lease Agreement. Since the truck was in Defendant's name, he leveraged this to incre...

Excerpt: ...ge 7 of 7 causes of action for 1) quiet title, 2) cancellation of written instruments, 3) declaratory relief, 4) negligence, 5) equitable indemnity, and 6) contribution. This case was consolidated with CVR12000792, Citizens Business Bank v. Michael Glenn Smith, Allison Campbell-Smith, and Renfeng Wang, seeking three counts of breach of guaranty claims and a fourth claim for unjust enrichment. Plaintiffs assert that they first requested a jury tri...

Excerpt: ...he application to the extent it seeks a) an inspection in the absence of owners/occupants b) forcible entry and/or c) demolition or destruction of any portion of the property, including but not limited to walls or flooring. The Court orders the City to submit a revised proposed inspection warrant in accordance with this ruling within 5 days. Factual / Procedural Context: This is a nuisance abatement action relating to commercial property located ...

Excerpt: ...ve damages. Plaintiffs' evidentiary objections as to Jayco Sustain: #s 1, 2, 3, 5, 8, 9 Overrule: #s 4, 6, 7 Plaintiffs' evidentiary objections as to MORryde Sustain: # 1, 2, 3, 6 Overrule: # 4, 5 Facts/procedure This is an action for product liability concerning a recreational camper, more specifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufac...

Excerpt: ...rs/offcers at various tmes between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, i.e., Riverside Juvenile Hall and Indio Juvenile Hall. (First Amended Complaint ("FAC"), 2-4, 52-81.) Plaintiffs allege they were under the direct custody, care and control of the County and its agents, Plaintiffs' detention was court ordered and mandatory, and the duration and nature of their commitment we...

Excerpt: ...LC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an affiliate of AERC, received a short-term loan from the partnership. Additionally, the general partners charged management fees, consulting fees, etc. Plaintiff file...

Excerpt: ...ars to have been necessary to secure responses, even if responses are sent, Plaintiff is awarded $1,050 for three hours at $350 per hour against counsel, not the party, to be paid in 90 days. Factual / Procedural Context: This is a vehicular collision/personal injury case. Plaintiff Kevin Ceballos Herrera ("Plaintiff") alleges that on October 5, 2021, his vehicle was struck by a vehicle that was owned and operated by Defendants Yolani Murillo ("M...

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...