Excerpt: ...iven by his uncle, Darnell Florence, that was rear‐ended by a tractor‐trailer driven by Defendant Kieran McCall and owned by his employer, Defendant C. Vermeer Transport, Inc. Mr. Harris was tragically killed. Plaintiff Ward has asserted negligence based claims against Defendants C. Vermeer and McCall and a claim for dangerous condition of public property against Defendant County of Riverside. On 7/14/22, after a hearing on various discovery ...

Excerpt: ...y September 12, 2022. The Court will not accept further briefing. The Court shall continue the TSC/OSC re service of cross‐defendants to the same date listed above. Factual / Procedural Context: The instant action arises out of a car accident. Joshua Gonzales (“Joshua”) owns a Tesla X that was being driven by Michael Ulloa (“Michael”). Maryann Reina (“Maryann”) owns a Lexus IS 250, which was being driven by Melissa Reina (“Melissa...

Excerpt: ... 6.) Plaintiff alleges that, during the warranty period, the vehicle contained or developed defects, including but not limited to (1) defective body system, (2) defective steering system, (3) defective display system. (Complaint, ¶ 12.) It is alleged that Plaintiff provided Defendant and its representatives sufficient opportunity to service or repair the vehicle, but they were unable to do so within a reasonable number of attempts. (Complaint, �...

Excerpt: ...Water Company (BHMWC) supplies water to that area; plaintiffs inquired of BHMWC and were told it could not provide water. BHMWC said the Jarmans would need to become shareholders in order to receive a “Will Not Serve” letter, which is necessary to get water service from another provider. At BHMWC's instruction, the Jarmans paid all debts owed by the previous owner, got a deed in their names, and bought 131 shares in BHMWC. From March 2018 to ...

Excerpt: ..., INC. VS CITIZENS BUSINESS BANK CITIZENS BUSINESS BANK'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF WRF INVESTMENT INC.; REQUEST FOR SANCTIONS RIC2002365 WRF INVESTMENTS, INC. VS CITIZENS BUSINESS BANK CITIZENS BUSINESS BANK'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF TAO "SARAH" WANG; REQUEST FOR SANCTIONS RIC2002365 ...

Excerpt: ...ies to appear to discuss a future date for trial. Factual / Procedural Context: Plaintiff Danielle Johnson (“plaintiff” or “Johnson”) alleges that on 6/3/20, defendant Douglas Roger, M.D. (“Dr. Roger”) performed surgery on her for a right ankle fracture. Plaintiff alleges that Dr. Roger was the agent of defendant Desert Regional Medical Center dba Institute of Clinical Orthopedics and Neurosciences (erroneously sued as Institute of Cl...

Excerpt: ...nst an occupant that continues to reside in a dwelling following a sale after a deed of trust per CCP § 1161a. Plaintiff alleges that the subject property was sold to Plaintiff in accordance with section 2924 of the Civil Code, under a Power of Sale contained in a Deed of Trust, executed by the defendants herein, and title under the Sale has been duly perfected in Plaintiff. (Complaint, ¶ 6.) Defendant Mondragon has brought two motions: (1) a m...

Excerpt: ... were not moot, for the same reasons the Court is denying the motion for attorney fees, the Court would have granted Defendants' motion to tax costs. Factual / Procedural Context Plaintiff Wesley Steven Brim (“Plaintiff”) filed the complaint in this action on February 13, 2019 and the operative second amended complaint (“SAC”) on February 19, 2021 against defendants County of Riverside, City of Moreno Valley, Michael Thomas Koehler, Serge...

Excerpt: ...ica, which was manufactured by FCA US LLC (“FCA”). Plaintiffs allege the subject vehicle was sold with express and implied warranties but had non‐conforming defects, which could not be repaired after FCA was given repeated opportunities. The defects included a faulty fuel pressure sensor and fuel leaks. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and implied warranties. Plaintiffs also allege t...

Excerpt: ...ure their supplemental declaration in the Page 6 of 7 same order as the CMO or provide a chart showing where all information required by the CMO can be located. Factual / Procedural Context: Petitioners George Padilla and Sharon Moreno, individually and on behalf of others similarly situated, bring this action to stop and remedy Respondent, Mission Springs Water District's (MSWD) ongoing illegal practice of overcharging customers for water servic...

Excerpt: ... Defendant was personally served at her home on December 12, 2020. Defendant failed to timely respond, and default was entered on January 27, 2021. Default judgment was entered on August 4, 2021. Defendant, in pro per, now moves to set aside the default judgment. Plaintiff opposes. Analysis: While there are a number of procedural issues with Defendant's motion, including service issues, the Court finds that Plaintiff is deemed to have waived any ...

Excerpt: ...ers that at least 10 days prior to the next hearing, the parties either (1) submit a joint declaration identifying that the issues that still remain, and (2) provide further evidence as to the timing of the inspection, close of escrow and alleged breaches by each party. Factual / Procedural Context: This is a breach of contract/specific performance case for the purchase of real property. Plaintiff Martina Sierra alleges she and Defendant Curtis S...

Excerpt: ...ers Liability Insurance coverage and Commercial Auto Insurance coverage, provided British Nutritions LLC and dba BNLabs with an Insurance Policy No. A0093418 for the period of 2/l/2018 through 2/1/2019, which was subject to an audit and recomputation of its premium. Per the 2018 Policy, Sentry Insurance was authorized to examine and audit all records that relate to the 2018 Policy. (UMF no. 2.) An audit conducted by Plaintiff established that the...

Excerpt: ...rance through Defendant The Burlington Insurance Company, (Burlington). Plaintiff had a distribution agreement with nonparty Leisure Electronics, LTD, a UK company, and it agreed to indemnify Leisure. Leisure leased the PHDs to Beacon Bingo, who subsequently suffered fire losses due to a PHD battery. Beacon made a claim against Leisure, who subsequently made a claim against Plaintiff. Plaintiff alleged that Burlington knew that the cause of the f...

Excerpt: ... driver for defendant Sunshine Transit Agency (“defendant” or “Sunshine Transit”) since 1989. Plaintiff alleges he is a black male and was subjected to racial discrimination and harassment, as well as age discrimination and that he was retaliated against. Plaintiff also alleges defendant failed to prevent the discrimination, harassment and retaliation. Plaintiff alleges that defendant assigns experienced drivers the opportunity to train n...

Excerpt: ...ry (“Dental Office”) on November 3, 2017, at which time defendant Sherly Sohal, DDS (“Dr. Sohal”) placed temporary dental crowns. (Second Amended Complaint (“SAC”) ¶ 14.) Permanent crowns were placed several days later, on November 8, 2017 and adjusted on November 15, 2017. He continued to experience dental pain. (SAC, ¶¶ 15‐18.) On February 12, 2018, he returned to the Dental Office, complaining of bleeding gums that were tender...

Excerpt: ...Sales in California since January 2019. (Rayan Decl. ¶ 2.) On March 5, 2021, Plaintiffs filed a Complaint against Defendant alleging violations of the SongBeverly Consumer Warranty Act, negligent repair, and fraudulent inducement‐concealment. The Page 4 of 8 Complaint named Defendant Fatima Rayan as “Rayan Fatima, d/b/a Best Value Auto Sales.”1 On March 22, 2021, Plaintiffs served the Complaint, Summons, and other documents on Defendant. O...

Excerpt: ... should go forward. Statement of Facts and Motion This lawsuit arises out of a lien priority dispute as to the real property located at 3824 Saint Austell Way, Perris, California 92571 (the “Subject Property”) owned by Defendants and CrossDefendants STEVEN and ROBYN E. WILBANKS. Defendant/Cross‐Defendant Amos was assigned a junior deed on 12/15/14. KEYBANK subsequently recorded a recession of the reconveyance of the junior DOT. AMOS claims ...

Excerpt: ...shall be served within 20 days from today's date. The Court denies the requests for sanctions. 2. With respect to the motions to compel further responses to special interrogatories and request for production of documents, (other than RFP no. 1), the Court on its own motion shall continue these motions to September 14, 2022 at 8:30 am in Dept 3. The Court orders the parties to engage in meaningful meet and confer efforts in order to narrow the dis...

Excerpt: ...xpress and implied warranties but had non‐conforming defects, which could not be repaired after FCA was given repeated opportunities. The defects included illumination of the check engine light, not starting, exhibiting a fuel smell, and requiring the software in multiple modules to be reprogrammed subject to various electrical‐related recalls. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and impl...

Excerpt: ...i is moot. Factual / Procedural Context: This is a medical malpractice/wrongful death action. Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, (“Plaintiffs”) filed the complaint in this action on May 31, 2019 and the operative second amended complaint (“SAC”) on June 1, 2020 against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (�...

Excerpt: ...ecl. ¶ 6.) Prior to the admission, Plaintiff Cathy Bedwell (“Bedwell”), Gichanga's daughter, signed a document entitled “Admission Agreement,” which contained an arbitration clause (“arbitration agreement”). (Reyna Decl. ¶ 3, Ex. 2.) It should be noted that the parties to the agreement were Meridian Senior Living, and Meridian Gardens of Riverside, Anne Gichanga as the “Resident” and Cathy Bedwell as “Authorized Representative...

Excerpt: ...lunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. On June 15, 2021, the Complaint in this action was filed by Plaintiffs Jose Victor Lopez and Juan Esteban Justinico Tovar, who are the surviving spouse and son of the decedent, Monica Lopez, for wrongful death and personal injury. The action named Perea and other entity defendants. Since then, multiple suits by o...

Excerpt: ...et”) when she slipped and fell on water on the floor. Plaintiff alleges that the water leaked from a defective refrigeration unit (“Unit”) manufactured and sold by Defendant Hussman Corporation (“Hussman”). Plaintiff alleges that Target failed to properly maintain the Unit and allowed ice to accumulate without a collection tray to hold accumulating condensation. Plaintiff filed the Complaint on June 1, 2020 and the operative First Amend...

Excerpt: ...Tabeyang Ndipagbor's motion to set aside the default. This motion may be brought in the San Bernardino Court. The Court thus vacates all future dates, including the Case Management hearing set on July 21, 2022. Factual / Procedural Context: On 6/29/20, Sarah Awu Ndipagbor (“Plaintiff” or “Sarah”) filed a complaint for defamation against Evelyn Ejede Takem Ndipagbor (“Evelyn”) and Tabeyang Ndipagbor (“Tabeyang”) (collectively “De...

Excerpt: ...l malpractice/wrongful death action. Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, (“Plaintiffs”) filed the complaint in this action on May 31, 2019 and the operative second amended complaint (“SAC”) on June 1, 2020 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 Heal...

Excerpt: ...errogatories 18, 21 and 22 and Request for Production 13, but the scope of the information is limited to the last ten years. 3. Said responses to these requests shall be served within 30 days. 4. The Court denies the Motion to compel further response to Request for Production 14. Factual / Procedural Context: Plaintiff Sonya Ward is one of four individuals who have filed lawsuits following a multivehicle collision that occurred on February 8, 202...

Excerpt: ...s Alberto, Isabel, Ruth and Susana Zumaya (“Plaintiffs”) were in a vehicle traveling on Central Avenue in Riverside when they collided with a vehicle driven by Defendant Joe Sherman Phillips (“Phillips”) and owned and operated by Direct Auction Services, LLC (“Direct”). Plaintiffs allege that Phillips was speeding and failed to yield before making a left‐hand turn. Plaintiffs sustained injuries. On May 19, 2021, Plaintiffs filed the...

Excerpt: ...Amended Complaint (“FAC”), alleging nine causes of action for: (1) breach of contract – specific performance; (2) fraud, misrepresentation and failure to disclose; (3) quiet title; (4) imposition of constructive trust based on breach of contract; (5) partition of real property; (6) unjust enrichment; (7) common counts; (8) declaratory relief; and (9). Before the Court is Defendants' demurrer as to all causes of action. Plaintiff opposes. An...

Excerpt: ...S GOLDEN OPPORTUNITY II HOLDINGS, L.P. JOINDER TO DEMURRER BY MOBILE HOME GROUP II, L.P. Tentative Ruling: The Court overrules the demurrer and denies the motions for joinder. The Court denies the motion to strike. The Court orders the Defendants to file an answer within 30 days. Factual / Procedural Context: Plaintiffs consist of 28 individuals who currently reside, or formerly resided, at Royal Coach MHP in Cherry Valley, which was owned by Def...

Excerpt: ... pursuant to which Plaintiff was to serve as the general contractor for a public improvements contact known as the Norte Vista Sidewalk Improvements (“Project”). During the course of the Project unforeseen conditions and changes to the work and schedule required Plaintiff to perform extra excavation work and spend an additional 104 days working at the project, which resulted in an additional $1,472,105.31 in costs. The City failed to provide ...

Excerpt: ...rom today's date. Factual / Procedural Context Plaintiff Eldon Griffis (“Eldon”) is the ex‐father‐ in‐law of Defendant Paulina Griffis (“Defendant” or “Paulina”), who was married to Eldon's son, Cole Griffis (“Cole”). Plaintiff E&G Management Co. (“E&G”) is a closely held real estate management company owned and operated by Eldon. Eldon and E&G (collectively “Plaintiffs”) allege that, in connection with a Post‐Mari...

Excerpt: ... Wide West Services are suing their former attorneys arising from four various incident. The first incident involved a failed loan modification. Plaintiffs Vinod Kaura and Veena Kaura, as trustees of the Kaura Family Living Trust, and Neil Kaura obtained a loan from Zions First National Bank, secured by a deed of trust and assignment of rents on a residential apartment complex in Indio owned by Plaintiff Valley and Mountain, LLC (VM). Zion later ...

Excerpt: ...��Roger”) performed surgery on her for a right ankle fracture. Plaintiff alleges that Roger was the agent of defendant Desert Regional Medical Center dba Institute of Clinical Orthopedics and Neurosciences (erroneously sued as Institute of Clinical Orthopedics and Neuro Science) (“ICON” or “Hospital”). Plaintiff alleges that Dr. Roger negligently performed the surgery, causing her permanent injury. The complaint states one cause of acti...

Excerpt: ...ba Taqueria 2 Potrillos Restaurant, Epitasio Serbantes, Antonio Barrios, and Juan Carlos Varela, went through the windshield of Plaintiff's vehicle and struck her face. Plaintiff filed the original complaint on January 24, 2019, and the operative First Amended Complaint on June 10, 2019, alleging general negligence and premises liability. Santoyo was added as a defendant as Doe 2. Default was entered against Santoyo, which was subsequently set as...

Excerpt: ...��Curtis”) and his wife, Defendant Maricel Harvey (“Maricel”) by Defendant ABC Foster Family Agency (“ABC”). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulted and molested by Curtis, as well as Defendant Rey Lucero (“Lucero”), who was another foster care minor residing at Harvey House, and Maricel's father, Basilio Orense (“Orense”), now deceased. Plaintiffs Jazmyne Doe (“Jazmyne�...

Excerpt: ...) to consider the motion, the Court would find that Real Parties are not eligible to recover attorney fees under CCP section 1021.5, as they personally benefitted financially from the Court's ruling. “An award of attorney fees under Code of Civil Procedure section 1021.5, requires that the claimant show the cost of its legal victory transcended its personal interest.” (Jobe v. City of Orange (2001) 88 Cal.App.4th 412, 419.) Factual/Procedural...

Excerpt: ...f's discovery responses, and his opposition to the present motion do not identify acts of gross negligence on the part of defendant. (See City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 751.) Factual / Procedural Context: This is a personal injury action resulting from plaintiff Ahmed Mike Abusham (“plaintiff” or “Abusham”) falling while inspecting a vehicle at a vehicle auction operated by defendant Ritchie Bros. Auctionee...

Excerpt: ...de from 3/25/20‐4/8/20, and then Vibra Hospital of San Bernardino, LLC, dba Ballard Rehabilitation Hospital (Ballard) from 4/9/20 to his death on 4/28/20. The complaint alleges decedent was receiving rehabilitative care after a stroke. As to Magnolia, plaintiffs allege that facility subjected decent to dehydration and other lack of care, and then discharged him in a rush because staff had been affected by Covid. They also allege Magnolia follow...

Excerpt: ...ithout prejudice, as being moot since leave is granted. Factual / Procedural Context: Plaintiff Gonzalez alleges that he is 64 years old. While working for Defendant Blue Banner Company, Inc., he sustained multiple work injuries to his back, waist, shoulders, knees, and feet due to the nature of his job. He ultimately sought worker's compensation and requested accommodations, which Defendant denied. After that, his supervisors would scrutinize an...

Excerpt: ...019 until May 2021 when she was constructively evicted. Plaintiff alleges her lease agreement is with Defendant Ridgestone Partners L.P. (Ridgestone) but the Subject Property was owned by Defendants, Ridgestone and Plaza Apartment Investors L.P. (Plaza.) Defendant, FF Properties, LP (FFP), was the property management company hired by Ridgestone and Plaza to manage the Subject Property during Plaintiff's tenancy. Plaintiff alleges she complained a...

Excerpt: ...for $560,073.28. Plaintiff Raceway Ford, LLC (“Raceway”), which is a dealership located on property owned by McCallan, financed the purchase of the billboard through a bank loan. The billboard was manufactured by Defendant Watchfire Sings, LLC (“Watchfire”). The billboard advertises Raceway and all parties were allegedly aware that the billboard was for Raceway's benefit. Raceway and McCallan (collectively “Plaintiffs”) allege that th...

Excerpt: ...ded complaint should also address the issues from the Hyrosen demurrer/motion to strike from 6/15/22.) As to the motion to strike, the Court grants Northgate's motion to strike any reference to Exhaustion of Administrative Remedies (SACC ¶¶ 41‐46), without leave to amend. As to the motion to strike reference to demands for money, the motion is denied. As the Court is granting leave to amend the 3rd cause of action, the motion to strike on thi...

Excerpt: ...ress warranty period, the vehicle developed various defects to various systems including the powertrain, engine, transmission, electrical, and others. Plaintiff presented the vehicle for repairs on three occasions, but the authorized dealers failed to conform the vehicle to the warranties, or to replace it in compliance with the Song‐Beverly Consumer Warranty Act. Plaintiff filed his Complaint on 10/28/21 alleging five causes of action: 1) viol...

Excerpt: ...effect on the listener. The Court declines to rule on Defendants' objections as they were immaterial to this Court's ruling. (CCP § 437c(q).) The Court grants Plaintiff's request for judicial notice. (Evid. Code, §452(c).) Factual / Procedural Context: The decedent, Cecil Kidd, was a recruit of the California Department of Alcoholic Beverage Control. (Defendants' Separate Statement of Undisputed Facts [“Defendants' SUF”], ¶ 1; Plaintiff's ...

Excerpt: ...nt BVE Homeowners Association (“HOA”) and is subject to Covenants, Conditions and Restrictions (“CC&Rs”). Plaintiff alleges that the pursuant to the CC&Rs, a paved emergency access easement runs across her property. Under the CC&Rs use of the easement is restricted to emergency vehicles only. However, Plaintiff alleges that residents of the Bella Vista Estates and their visitors regularly use the easement to enter and exit the development...

Excerpt: ...AN BERNARDINO, LLC D/B/A BALLARD REHABILITATION HOSPITAL'S NOTICE OF DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT BY VIBRA HOSPITAL OF SAN BERNARDINO LLC Tentative Ruling: The Court sustains the demurrer as to the elder abuse cause of action with 30 days leave to amend. The Court takes off calendar the motion to strike as moot. Factual / Procedural Context: Plaintiffs Doreen Acra and Pamela Archuleta, individually and successor to Billy Acra (...

Excerpt: ...he Court denies the motion as to RFP No. 3. The Court denies both parties requests for Monetary Sanctions. Factual / Procedural Context: Page 5 of 11 This matter arises out of a motor vehicle accident that occurred on Interstate 10, east of County Line Road, Calimesa, California. On April 4, 2019, Carlos Hernandez Guardado, a co‐defendant, was operating a 2013 Kenworth truck owned by Defendant. At that time, Robert Thomas Guillen, now dismissed...

Excerpt: ...ouse of Defendant Zumiez Distribution, LLC (“Zumiez”). Employees of Zumiez directed Plaintiff to back his truck into Bay No. 12, where Zumiez employees unloaded goods. Plaintiff alleges that there was a delay of two to three hours. Plaintiff exited his truck and walked to Bay No. 13 to inquire about the delay. While he was talking to a person in the warehouse, a truck driven by Defendant David Garcia Diaz (“Diaz”), within the course of hi...

Excerpt: ... of Limitations; 5. Eighteenth Affirmative Defense, Government Code Section 900; 6. Seventh Affirmative Defense (California Government Code Immunity provisions) are not applicable to plaintiffs Section 1983 causes of action, i.e., Third and Fourth Causes of Action; 7. Defendants' “absolute” immunity and “qualified” immunity defenses, (14th and 15th affirmative defenses) do not apply to plaintiffs Monell claim set forth in Plaintiffs Fourt...