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: ...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: ... 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: ...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...

Excerpt: ...and Moss Brothers Chrysler Doge Jeep Ram Riverside. On 8/16/21, Plaintiff purchased a 2020 Jeep Wrangler (the "Vehicle"), which was backed by an express warranty, from Defendants. (Complaint, 8- 9.) 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. ...

Excerpt: ...lejandra Anzorena; Erika Villegas; Norma Villegas; and Diego Anzorena Loya ("Plaintiffs") allege that decedent Altagracia Loya slipped on Defendant's stair case, hit the back of her head and subsequently died. A Complaint was filed on April 12, 2022 by decedent's surviving heirs alleging (1) wrongful death sounding in negligence and (2) premises liability. An Answer was filed by Defendant Bernardo Buevara ("Defendant") on July 28, 2022 alleging s...

Excerpt: ...r for punitive damages and injunctive relief with 30 days leave to amend. Factual / Procedural Context: This is a pregnancy discrimination case. Beginning in March 2021, Plaintiff Rozanne Givens ("Plaintiff") was employed as an assistant for Defendant Riverside Personnel Services, Inc. ("Defendant"). Plaintiff notified Defendant she was pregnant, and in December 2021 required to take time off due to pregnancy related medical condition. While on l...

Excerpt: ...GA"). Plaintiff alleges that on May 11, 2022 he purchased a 2022 Volkswagen Jetta (the "Vehicle"), which was backed by an express warranty. ("Complaint, '1 14.) Defects and nonconformities to warranty manifested within the applicable warranty which VGA's authorized repair facility, CardinaleWay, was unable to repair. (Complaint, "1 15-18, 39.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express...

Excerpt: ... Compensation (Labor Code SS 510, 1194(a) and 1198; 2) Failure to Pay Minimum Wage (Labor Code SS 1194(a) and 1197); 3) Failure to Provide Meal Breaks (Labor Code SS 226.7 & 512 (a)); 4) Failure to Provide Rest Breaks (Labor Code S 226.7); 5) Failure to Provide Accurate, Itemized Wage Statements (Labor Code S 226); 5) Waiting Time Penalties (Labor Code S 203); 7) Failure to Reimburse Business Expenses (Labor Code S 2802); and 8) unfair Business P...

Excerpt: ...0(g). The Court orders Plaintiff's counsel to provide information as to how the declaration was translated, and whether it was done by a certified interpreter. As noted below, however, even if the Court disregarded Plaintiff's declaration, the Court finds a triable issue of fact exists with respect to Dr. Garg, and thus, the motion is denied. Factual / Procedural Context: Jose Perez ("Plaintiff") notified his employer, QG Printing II LLC ("QG Pri...

Excerpt: ... alleges that he witnessed two events which he reasonably believed to be unlawful and reported them to his manager. First, while shadowing an employee of the County, during a visual inspection of an infant to rule out general neglect by the mother who was blind, the employee requested the infant's mother to take the diapers off the infant without having reasonable belief for such a request, as no neglect was visible on the infant. Second, on or a...

Excerpt: ...es entered into a Residential Purchase Agreement and Escrow Instructions ("Agreement"). Plaintiff paid Wang $115,000 in cash up front and moved into the Subject Property prior to the completion of the formal paperwork. Plaintiff alleges that Wang misrepresented that Plaintiff had to give Wang an additional $100,000 pursuant to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), which Wang pay to the IRS, which would then refund $25,...

Excerpt: ...efendants"). On 1/12/22, Plaintiff purchased a 2020 Nissan Kicks (the "Vehicle"), which was backed by an express warranty, from Defendants. (Complaint, 15.) 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. (See Complaint generally.) The Complaint s...

Excerpt: ...) were injured when a vehicle they were in was struck by vehicle operated by Joe Sherman Phillis ("Phillips"). Plaintiffs contend that Direct Auction Services, LLC ("Direct"); FCA US LLC ("FCA"); and Manheim Investments, Inc. ("Manheim") (added later as a Doe defendant) either owned the vehicle driven by Philips, negligently entrusted the vehicle to Phillips, or employed Phillips. The complaint asserts the following causes of action: (1) motor ve...

Excerpt: ...s causes of action for Negligence, Premises Liability and Strict Liability Dog Bite/Dangerous Animal. By these Motions, Defendants Stephen Riggs and David Geisler seek sanctions pursuant to CCP S 128.7 based on the filing ofthe Complaint. They contend the legal contentons made in the Complaint are without merit, have no evidentiary support and the Complaint was brought for an improper purpose. They seek terminating sanctions and monetary sanction...