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: ...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: ...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...

Excerpt: ... as such, the Court sustains the demurrer without leave to amend. (See Ferrick v. Santa Clara University (2014) 231 Cal.App.4th 1337, 1341.) SUMMARY OF RULING Both of the causes of action asserted against SPS are based solely upon the allegedly false declaration of compliance recorded with the NOD in December 2014. As such, both claims are pre‐petition claims that should have been scheduled when Plaintiff filed the petition for bankruptcy in De...

Excerpt: ...bjections, as they are immaterial to this ruling. CCP § 437c(q). The Court sustains Defendants' objections nos. 2, 7, 11, 12 and 13. All other objections are overruled. On a procedural issue, the Court on its own motion orders both counsel to comply with Local Rule 3135, which governs remand from Federal Court. The pertinent part of that rule states: Accordingly, within 30 days of the filing of the order of remand, each party shall file a declar...

Excerpt: ... attorney fees as the Complaint in its current form is insufficient. SUMMARY OF MATTER Plaintiff Steve Smith (“Plaintiff”) and Defendant John Suhr (“Suhr”) formed Defendant JS Technologies, Inc. (“JST”) in 1997. Plaintiff oversaw business operations while Suhr was in charge of designing and managing production of guitars produced by the JST. Currently, Plaintiff and Surh each own 275 shares in JST, another investor owns 150 shares and...

Excerpt: ...cle was rear‐ended by Defendant, Cesar Chavez (Chavez). Plaintiff filed her Complaint on 10/25/18 alleging two causes of action for general and motor vehicle negligence. Summary of Motion: Chavez brings this motion to compel Plaintiff to submit to a medical examination by neurologist, Steve McIntire, MD, PhD. since she has placed her medical condition in issue in this case. Chavez asserts that on 10/9/19, he served a demand for Plaintiff's medi...

Excerpt: ... ordered that Plaintiff submit any supplemental briefs/evidence before 12/30/19. On 1/6/20, Plaintiff submitted a “Notice of Withdrawal of Opposition and Non‐opposition to for Summary Judgment.” ANALYSIS Notwithstanding Plaintiff's non‐opposition, the Court is still required to analyze the merits of Cottonwood's summary judgment motion. The Court has thus reviewed the moving papers and evidence submitted by Defendant Cottonwood Canyon Hil...

Excerpt: ...t, 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 received services, provide assessments, assistance, and documentat...

Excerpt: ...ements to the property. Plaintiff's first amended complaint (FAC) on 9/11/19 alleges that on 4/25/17, he and defendant entered into an oral agreement (contract) to purchase an investment property in Riverside. Defendant agreed to provide the down payment, defendant's father agreed to co‐ sign on the loan for five years and after obtaining the loan remove her father from title. Then, at the end of five years, plaintiff alleges he would refinance...

Excerpt: ...d agreement was in Page 2 of 11 writing via the September 21, 2015, correspondence by SLS. (FAC, ¶ 19.) Plaintiffs adequately plead harm and prejudice. (FAC, ¶¶ 28, 31, 35.) Plaintiffs need not allege tender because they allege Defendants breached their contractual and statutory obligations when they foreclosed on the property. (See Fonteno v. Wells Fargo Bank, N.A. (2014) 228 Cal.App.1358, 1374; Chavez v. Indymac Mortg. Services (2013) 219 Ca...

Excerpt: ...entifying information; and to provide a privilege log for any documents withheld as privileged, private, proprietary, or trade secret within 45 days. The Court denies the request for monetary sanctions. SUMMARY OF MATTER Plaintiffs, Sandra Ugalde and Rolando Garcia, allege that on 6/26/14, they purchased a new 2014 Chevrolet Cruze from General Motors, LLC. They allege the vehicle was delivered to them with serious defects and nonconformities, and...

Excerpt: ... granted with 20 days leave to amend. Plaintiff is granted leave to amend as to the punitive damages claim and to amend the first amended complaint to name Jennifer Bangalan Taguba as Doe 1, to designate the fictitious business name of defendant Parkview and, to identify Doe 30, in the event the identity of Doe 30 is discovered before filing the second amended complaint. SUMMARY OF MATTER Background & Relevant Procedural History: This is a premis...

Excerpt: ...nt General Motors LLC (“GM”). Plaintiffs allege that on October 4, 2015, they purchased a used 2011 Buick Regal (the “Vehicle”) and that express warranties accompanied the sale of the Vehicle. (Complaint, ¶ 8.) However, the Vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities. (Id., ¶ 9.) Although Plaintiffs delivered the Vehicle to an authorized...

Excerpt: ...s struck against the curb by a tractor and trailer driven by Defendant Brianna Terry and owned by Defendant Werner Enterprises, Inc. (collectively “Defendants”). Plaintiff allegedly suffered serious injuries to her thumb, wrist, shoulder and back. She filed her Complaint on November 16, 2018. She asserts two causes of action for: (1) General Negligence; and (2) Motor Vehicle Negligence. On August 2, 2019, Plaintiff served discovery, including...

Excerpt: ...o J. Villegas alleges that on 10/30/15, he purchased a new 2015 Nissan Sentra from Defendant, Nissan North America, Inc. (Nissan), which had a defective continuously variable transmission (CVT). Plaintiff alleges the defective CVT was installed in all Seventh generation (model year 2013 – 2017) Nissan Sentras including the one sold to Plaintiff. He alleges that the defect causes hesitation from a stop before acceleration; sudden, hard shaking d...

Excerpt: ...le was struck by a truck driven by John Doe and owned by defendant One World, LLC (“Defendant”). Plaintiffs filed their Complaint on November 9, 2018, alleging causes of action for general negligence and motor vehicle negligence. On April 26, 2019, Defendant served the first depositions notice on Caliz and Cortez for appearance on June 25, 2019 (at 10:00 am and the other at 2:30 pm, respectively). Plaintiffs objected and the depositions were ...

Excerpt: ... Plaintiff Jeff Ettleman (“Plaintiff”) alleges he purchased a new 2003 Ford F‐250 truck from defendant Ford Motor Company (“Defendant” or “Ford”) on February 2, 2003, after representations by sales staff and in promotional materials touting the power and reliability of the truck's superior 6.0 liter diesel Navistar engine. Plaintiff alleges the 6.0 diesel engine was defective. On October 22, 2013, Plaintiff filed the Complaint again...

Excerpt: ... is sustained with 30 days leave to amend as to all CrossDefendants. SUMMARY OF MATTER This case involves the breach of an option contract to purchase real property. Plaintiff West Coast Management (“West Coast”) purchased on option to buy the subject property from sellers, Victor and Zenaida Bijasa (“Sellers”) in May 2017, pursuant to which Sellers agreed to sell the subject property to West Coast for a fixed amount during the option per...

Excerpt: ... served with the summons/complaint and all related motion documents. Additionally, while this was not the ground for the continuance, the two opposing Defendants who did appear at the 9/09 hearing (CHANG Z. KIM and YOUNG H. KIM, GRANT's parents) filed a second Opposition that morning. On 9/19/19, the Court filed a proof of service indicating that Defendant GRANT S. KIM was personally served with all related pleadings and papers on 8/30/19. As suc...

Excerpt: ... column is used by the moving party for its material facts with citations to the evidence below the fact. The right column is reserved for use by the opposing party. (See, California Rule of Court, Rule 3.1350(h).) Defendant's separate statement references issues that Defendant believes are relevant to the case, but does not include actual statements of fact. For example, “whether there is a CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPA...

Excerpt: ...wer to Plaintiff' s Complaint. Plaintiff Page 7 of 14 had filed a Motion for Trial Preference due to the Plaintiff's age on July 30, 2018, which was granted. Discovery then proceeded along the terms of the advanced trial preference schedule. On April 17, 2019, CalOaks appeared in this Court for the hearing on the Motions to Compel to request for an order compelling Plaintiff to produce a signed verification to her response to CalOaks' Spe...

Excerpt: ...i, (“Sushi Asahi”) and Kisuk Cho (“Cho”) (together, “Defendants”). Sushi Asahi owns and operates two Japanese restaurants in Riverside and Corona. (Complaint, ¶ 3.) Cho is alleged to be the CEO and CFO of Sushi Asahi. (Id., ¶ 4.) Noh was employed by Sushi Asahi as a waitress/server from September 2016 to June 2018. (Id., Page 8 of 14 ¶ 1.) Gonzales was employed by Sushi Asahi as a cashier and server from April 2017 to July 2018. (I...

Excerpt: ...arties to the case that would imply a duty is owed to Opitz by NextHome. The claims against NextHome are entirely predicated on NextHome failing to follow the terms of some type of agreement between Opitz and McBride, to which NextHome is not a party and the FACC does not allege otherwise. The Court grants cross‐defendants request for judicial notice. With respect to Optiz's late request, he indicates that he has been ill for the past month and...

Excerpt: ...il October 16, 2019. However, in order to alleviate any confusion or necessitate multiple filings, the Court on its own motion shall extend Plaintiff's right to file an amended complaint as to all defendants 30 days from today's hearing. The Clerk of the Court is to give notice of the Court's order. DEMURRER Plaintiff alleges that her bladder may have been injured during the TAH/BSO surgery (to which she apparently consented) and that she “at n...

Excerpt: ...nizes that this motion is unopposed, given that the Court has struck Opitz's opposition/request, the Court is mindful that as to cross‐defendant Corinthian, the Court sustained with 30 days leave to amend on September 4, 2019, meaning that the cross‐complaint could be filed by October 4, 2019. While the Court has considered the deposition of Opitz, the motion for sanctions appears to be premature. That is, it is difficult for the Court on one...

Excerpt: ...t by owner at 819 La Cadena Lane, Corona, alleging Defendant PENNYMAC committed violations of HBOR, Unfair Business Practices, and Rosenthal Fair Debt Collection Practices Act in the course of its attempt to foreclose on the property. After the Court denied PENNYMAC's Motion for CCP §128.7 Sanctions, Plaintiff dismissed his entire action on 7/15. PENNYMAC's 7/19 Memorandum of Costs seeks $2,093.54: $1,381.00 filing and motion fees, $414.24 servi...

Excerpt: ...relating to A.N. RFP Nos. 9 and 10: GRANTED on the condition that responding party must redact any information disclosing the identity of minors and/or foster children. SUMMARY OF MATTER Plaintiff G.M., a minor, by and through his guardian ad litem (“Plaintiff” or “G.M.”) brings this action against the County of Riverside and numerous employees of the Department of Public Social Services Children's Division (“DPSS”) and the sheriff's ...

Excerpt: ...jandra Castillo. Plaintiff alleges defendants Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to 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 defendants alleging causes of action for (1) breach of con...

Excerpt: ...ed pipe/culvert. Plaintiffs allege that Department of Parks and Recreation employees were driving in the area, and one stopped to warn nearby people nearby that they were breaking park rules and would get kicked out of the park if they continued to smoke. Although close enough to observe the numerous people swimming in the water at that location, the employee made no mention of any danger in swimming at that location, or that people should not an...

Excerpt: ... then the Court shall grant the preliminary injunction but require a bond to be posted in the amount of the principal and interest at 10%. SUMMARY OF MATTER Plaintiff Sonia Huitron alleges that Defendant Santiago Urias is not a licensed real estate broker, but had arranged a usurious loan of 18% secured by a second deed of trust to Plaintiff in 2007. Urias then assigned his interests to Defendant 2nd Chance Mortgages, including the second deed of...

Excerpt: ...usion or necessitate multiple filings, the Court on its own motion shall extend Plaintiff's right to file an amended complaint as to all defendants 30 days from today's hearing. The Clerk of the Court is to give notice of the Court's order. One further note: the hearing today was originally scheduled for September 4, 2019, at 8:30am in D‐3. It was continued because Plaintiff filed his opposition on August 29, 2019, which of course meant that th...

Excerpt: ...ege that during the warranty period, the vehicle developed numerous defects, including problems with the engine, transmission and steering. Plaintiffs allege that Kia failed to disclose the defects. They assert that Kia was not able to correct the defects multiple attempts by service agents. Plaintiffs filed their Complaint on December 7, 2018, and the operative First Amended Complaint on January 31, 2019. They assert seven causes of action for: ...

Excerpt: ...warranty. Plaintiff alleges that the vehicle was delivered with serious defects and nonconformities to warranty, including transmission defects. The complaint asserts the following causes of action: (1) violation of Song‐Beverly Act (breach of express warranty), (2) violation of Song‐Beverly Act (breach of implied warranty), (3) violation of the Song‐Beverly Act (section 1793.2, and (4) fraudulent inducement (concealment). Summary of Demurr...

Excerpt: ...by a pit bull dog named “Kow” when leaving work on 4/13/18, and sustained severe injuries. The dog was owned by Defendants Michael Smithling, Kelly Brown, and/or Blake Burns, and was off leash at the time of the incident. Plaintiff contends that the dog had bitten another individual a few months earlier and the Inland Valley Human Society (“IVHS”) took inadequate actions to protect the public from the dog. Plaintiff contends that IVHS is ...

Excerpt: ...ges that on May 17, 2017, she suffered a bladder injury as a result of Dr. Rey's negligent performance a total abdominal hysterectomy and bilateral salpingo‐oophorectomy (TAH/BSO). (FAC, ¶¶ 10, 13.) Subsequent surgeries/procedures have been unable to resolve the injury completely, and Plaintiff continues to suffer complications. (FAC, ¶¶ 10, 13, 18‐20.) The FAC sets forth three causes of action against all defendants: (1) professional neg...

Excerpt: ...eipts is not Payne's. Second, Payne offers testimonial evidence, which has not been refuted. Moreover, even if Payne had actual notice of the action, the default judgment appears to be void for lack of proper service. CCP § 415.40 requires actual receipt by the defendant. (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019), §§ 4:379‐80, 4:402; Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 1001;...

Excerpt: ...�10, 13, 15, 17, 18, 20, 21, 25, 26, 30 and 32, which Defendant stipulates to dismiss. The motion is DENIED as to Plaintiff's 1st, 3rd, 4th and 5th causes of action. Plaintiff failed to meet his initial burden that Defendant failed to comply with Labor Code § 1198.5. Plaintiff also failed to meet his initial burden that he was able to perform the essential functions of his job with or without reasonable accommodation that Defendant did not make ...

Excerpt: ...mplaint in this lemon law case on 8/21/18 against defendant General Motors, LLC (“Defendant”). The action arises out of the Plaintiffs' purchase of a 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. Page 8 of 10 By this Motion, Plaintiffs seek to compel Defendant to provide further responses to Requests for Production 26...

Excerpt: ...to a final judgment and that the hardship it will suffer outweighs any hardship to JRO. (See CCP § 1255.410(a)‐(b). See also Declaration of Patricia Romo, ¶¶ 8, 12‐13; Declaration of Jennifer Riel McClure, ¶ 3; Declaration of Charles Staley, ¶ 3; Summary of Basis of Appraisal (filed May 13, 2019); Notice of Deposit (filed May 20, 2019) [reflecting estimate of fair market value and deposit of $2,580,000]). JRO's challenges are without mer...

Excerpt: ...olution provision requiring the parties to engage in “normal contract negotiations” to resolve any dispute and if not successful, “first endeavor to settle the dispute using mediation.” Defendant contends the dispute resolution provision is a condition precedent and that plaintiff did not engage in normal contract negotiations and did not mediate the matter before commencing the lawsuit. The court finds the contract dispute resolution pro...

Excerpt: ...substance. She further alleges that Defendants failed to maintain the floors, place warning signs, warn, and exercise due care. On 6/22/18, Plaintiff filed a complaint for premises liability and negligence. Trial is currently set for 1/3/20. The Court notes that Defendants have a pending summary judgment motion set for 10/10/19. Summary of Moving Papers: Plaintiff contends that after discovery, she needed to provide more specifics to the allegati...

Excerpt: ...ity of success on the merits. The balance of harms also tips in favor of Plaintiff, as Defendants have not shown grave or irreparable interim harm in the issuance of an injunction. SUMMARY OF MATTER: This is an action for abatement of a public nuisance. Plaintiffs, the People of the State of California (the “State”) and the City of Jurupa Valley (the “City”) (collectively “Plaintiffs”), allege defendants Leontina F. Balos, an individu...

Excerpt: ...f Matter This lawsuit arises out of a business dispute between plaintiff OGA USA, Inc. and Nationwide Uniform Group, Inc. Paragon was named as a cross defendant in Nationwide' s First Amended Cross‐Complaint ("FAC"), filed on or about October 26, 2018. In its FAC, Nationwide claims that Paragon owed Nationwide $57,427.80 ("Subject Funds") for various products Paragon purchased from Nationwide. (FAC,¶ 98) At about the time N...

Excerpt: .... (“Plaintiff” or “ADS”) is in the business of collecting, removing and transporting mixed construction and demolition material from construction sites from various locations in Southern California. ADS alleges that, on September 16, 2016, it entered into a written agreement with Regional Connector Constructors (“RCC”) located in Riverside to provide roll‐off containers for a long term contract for the LA Metro rail extension projec...

Excerpt: ... of an interchange at Interstate 215 and Placentia Avenue in Riverside County (new northbound and southbound on and off ramps, realignment of the East Frontage Road, and related improvements). The 7/02 Notice of Deposit establishes that Plaintiff deposited $700,000 in the State of California Condemnation Deposits Fund as probable compensation for the property (per appraisal prepared by Joyce L. Riggs of Riggs & Riggs, Inc.). MOTION: Plaintiff mov...

Excerpt: ...e habitable dwelling; (2) breach of covenant and right to quiet enjoyment; (3) nuisance; and (4) negligence. Plaintiffs allege that they rent property in Riverside from Defendant SPSSM Investments, LP. Plaintiffs contend that since April 2014, there was an infestation of cockroaches and rodents; broken/missing window screens, inoperable heater, no smoke detectors/broken carbon monoxide detector; mold and mildew; leaky faucets; plumbing issues; no...

Excerpt: ...f today's order. The Court denies the request for sanctions. Per the parties, the motion is moot as to the remaining requests. SUMMARY OF MATTER: Plaintiff filed the complaint in this matter on November 13, 2017 and the operative second amended complaint on April 8, 2019 against defendants Thomas Built Buses, Inc., (“Thomas Built”), Daimler Trucks North America LLC (“DTNA”). A‐Z Bus Sales, Inc. and Goodyear Tire & Rubber Company (“Goo...

Excerpt: ...'s property located at 2350 Del Mar #308 in Corona. (Plaintiff's Ex. 1; Defendant's Exs. 1, 2.) The terms of the HELOC include a 10‐year draw period, in which Plaintiff could obtain credit advances and make interest‐only payments, followed by a 15‐year repayment period in which the principal and interest are paid until the maturity date of September 15, 2031. (Plaintiff's Ex. 1; Defendant's Ex. 1.) Plaintiff alleges that he faithfully paid ...

Excerpt: ...the court dismissed Defendant Murphy's Star. On 4/3/19, Plaintiff filed a proof of service indicating service by mail as to Defendant Precision Risk Management. The court entered default on 4/15/19. Defendant moves to dismiss on the grounds that Plaintiff executed a release when it settled with Plaintiff. In opposition, Plaintiff contends that she was told if she did not sign, she would not have any claims. ANALYSIS: Defendant is currently in def...

Excerpt: ...ified for defendant Marathon General, Inc.), and the deposition testimony of Anthony Pascanik (the person most qualified for defendant Lennar Homes of California, Inc.).) The court finds that based on all of the evidence presented, the height differential between the base pavement layer and the concrete gutter was in the range of one inch to one and three‐quarters inches. While there is no arbitrary set height differential for determining a tri...

Excerpt: ...al. (Tun v. Wells Fargo Dealer, Servs., Inc. (2016) 5 Cal.App.4th 309, 323.) A new trial on this ground is warranted when the case was resolved by a ruling that was erroneous as a matter of law. (Cassady v. Morgan, Lewis & Bockius LLP (2006) 145 Cal.App.4th 220, 229; see also Mangano v. Verity, Inc. (2009) 179 Cal.App.4th 217 [judge properly denied Plaintiff's motion for new trial based on plaintiff's claim that judge improperly granted defendant...

Excerpt: ... 2004, Plaintiff Felix Segura (“Plaintiff”) obtained a loan from Defendant Aames Home Loan (Aames) for $362,274.00, which was secured with a deed of trust (DOT) against the subject property. On October 6, 2006, Aames assigned its interest in the DOT to Defendant Well Fargo Bank N.A. (“Wells Fargo” or “Defendant”). Wells Fargo provided a first lien loan for $332,000 (“First Lien”) and a Home Equity Line of Credit $30,000 (“HELOC�...

Excerpt: ...ss‐Complaint against OPITZ alleging claims arising from OPITZ' breaches of the joint venture agreement and a subsequent stipulated settlement, as well as claims for extortion and fraud. The 5/20/19 1st Amended Cross‐Complaint (FACC) by OPITZ asserts 17 causes of action (C/A) against McBRIDE and numerous entities involved in the purchase/sale of the investment properties: (1) Breach of Partnership Agreement (against McBRIDE); (2) Breach of Fid...

Excerpt: ... Corona location. Plaintiff alleges that he worked long shifts frequently over eight hours a day and over forty hours a week for which he was not compensated; and, performed numerous activities without compensation. Plaintiff filed his Complaint on 11/5/18 alleging ten causes of action: 1) failure to pay minimum wages; 2) failure to pay overtime wages; 3) failure to provide meal periods; 4) failure to authorize and permit rest periods; 5) failure...

Excerpt: ... Dominguez‐Florez & Johnny Nickolas‐Rey Manzo (Plaintiffs) allege that decedents David Furry and Celeste Dominguez sustained fatal injuries when they were struck 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 v...

Excerpt: ...ich collided with a trailer truck driven by Defendant Pedro Guerrero, which resulted in Plaintiff's broken shoulder. Trial is not set. Moving Papers: Defendants move to dismiss the case on the grounds that Plaintiff has not complied with the court's discovery order on 2/4/19, which granted Defendants' motion to compel responses to form interrogatories, requests for production, and appear for deposition. Opposition: Plaintiff's counsel submitted a...

Excerpt: ... Court denies the motion. ANALYSIS: The court may, upon a motion made pursuant to CCP §435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire pleading, or any part thereof. (CCP § 435; Warren v. Atchis...

Excerpt: ... and then failed to pay its own subcontractors, vendors and suppliers (in violation of the contract and California Business & Professions Code §7108.5). Plaintiff filed this Interpleader Complaint after several Stop Notices were filed during the midst of construction. Other related Complaints (including one by Plaintiff for Breach of Contract against US CONTROLS) were subsequently consolidated. The dispute between Plaintiff CANYON SPRINGS and De...

Excerpt: ...e proceedings until either its default is set aside or default judgment is entered. (See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385‐86.) Thus, the entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. (W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App.2d 67, 71.) FACTUAL / PROCEDURAL CONTEXT: Plaintiff filed the complaint in this employment disc...

Excerpt: ...��Espinoza” or “Plaintiff”), a disabled man with multiple infirmities. Plaintiff alleges that, on May 14, 2012, he was admitted to Mt. Ruidouxidence Opco LLC dba Provident Mt. Rubidoux, a skilled nursing facility (“Mt. Rubidoux”). Plaintiff alleges Luther Mangoba, M.D. (“Dr. Mangoba” or “Defendant”) is the Medical Director for Mt. Rubidoux and Plaintiff's primary physician. At the time of admission, Dr. Mangoba noted Plaintiff h...

Excerpt: ...ly false declaration of compliance recorded with the NOD in December 2014. As such, both claims are pre‐petition claims that should have been scheduled when Plaintiff filed the petition for bankruptcy in December 2018. (11 U.S.C. 521(a); Turner v. Cook (2004) 362 F.3d 1219, 1226; Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 945.) Plaintiff's argument that the claims did not arise until after the Bankruptcy was discharged in March 2019 is unsup...

Excerpt: ...Defendants engaged in a series of fraudulent efforts, and that numerous irregularities exist, in the foreclosure process, which requires the pending trustee's sale be enjoined. Plaintiff's First Amended Complaint's (“FAC”) allegations include the failed securitization of her mortgage loan, invalid and/or void assignments of the underlying Note and Page 2 of 7 DOT, and Defendants' lack of standing to foreclose. The FAC alleges five causes of a...

Excerpt: ...and threatened him with a 4x4 truck while yelling insufferable racial slurs. Plaintiff's 1/18/19 FAC alleges eleven causes of action: (1) Assault; (2) Fraud; (3) Negligence; (4) Quiet Title; (5) Trespass; (6) Ejectment; (7) Conjunction; (8) Invasion of Privacy; (9) Punitive Damages; Page 2 of 3 (10) IIED; and (11) Negligent Misrepresentation. The Proofs of Service filed 5/14/19 purport to show Substitute Service on each CARDOOS Defendant (1/19/19...

Excerpt: ...er's for repair, but they removed the original wire harness before putting in the new harness, rendering it unsalvageable as the old harness acts as a road map for the installation of the new harness. Plaintiff filed this action on 4/3/18 and filed the First Amended Complaint (FAC) as a matter of right on 7/2/18. After obtaining leave to amend, Plaintiff filed the Second Amended Complaint (SAC) on 11/30/18. The court then sustained the Defendants...

Excerpt: ...Plaintiffs were in, causing Plaintiffs damages. The complaint contains two causes of action for negligence. Summary of Motion: Plaintiffs bring this motion. They seek to compel Abrego's deposition. They contend that her deposition was noticed to occur on 6/25/19. Abrego submitted an untimely and improper objection to said deposition. While Abrego objections to the location of the deposition, Plaintiffs contend that they have complied with C.C.P. ...

Excerpt: ...ia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to 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 defendants alleging causes of action for (1) breach of contract; (2) fraud; (3) (omitted from SAC) (4) negligence ...

Excerpt: ...Holy Crossing”) is illegally selling marijuana from property located in Corona. The County prohibits commercial marijuana dispensaries in unincorporated areas. County sent Holy Crossing a cease and deist letter, but Holy Crossing failed to comply with said request. The complaint asserts one cause of action for nuisance per se. Page 2 of 3 Holy Crossing has filed a cross‐complaint asserting that County's ordinances and actions have infringed o...

Excerpt: ... Plaintiff/Cross‐Defendant Breckenridge Property Fund (“Breckenridge”) purchased the subject property at a foreclosure sale after Defendant/CrossComplainant Douglas Williamson (“Williamson”) allegedly failed to pay all assessments to CrossDefendant Georgetown Square Community Association (“Association”). The foreclosure sale was subject to redemption, but Williamson did not redeem the property. On January 29, 2018, the trustee for t...

Excerpt: ...ds for the motion must appear on the face of the pleading or from any matter of which the court is required to take judicial notice. (Cal. Civ. Pro. §437). Irrelevant matter includes allegations not essential to the claims; allegations neither pertinent to or supported by an otherwise sufficient claim; or a demand for judgment requesting relief not supported by the allegations. (Weil & Brown, Cal. Practice Guide: Civ. Pro. Before Trial (The Rutt...

Excerpt: ...he Court's order granting leave to amend. Any further amendment to these causes of action require further leave of court. SUMMARY OF MATTER This is a legal malpractice case. Plaintiff Betsaida Santana Lucas (“Plaintiff”) alleges that on January 27, 2015, she retained Defendant Nathan Mubasher (“Defendant”) to represent her in a legal malpractice lawsuit against her former attorneys. She alleges that she paid a $1000 retainer and Defendant...

Excerpt: ...d because defendants failed to meet and confer as required by CCP section 435.5. Plaintiffs also argue that sufficient facts regarding fraud are alleged and that fraud allegations are sufficient to support a claim for punitive damages in a premises liability case. ANALYSIS The court may, upon a motion made pursuant to CCP §435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of an...

Excerpt: ...gle family residence Sigafoes leased, with an option to purchase, at 40009 Coliseum Way in Murrieta (“subject property”) managed by defendant Ron Caruthers (Caruthers) for the owners, defendants, Jason Brawner and Lisa Brawner (collectively, “Brawners”) (Caruthers and the Brawners are referenced as “defendants” hereafter), when the ceiling collapsed causing them injury. Plaintiffs allege defendant should have known that there were wat...

Excerpt: ... is employed by Defendant Magnolia Maternity & Gynecology Clinic (“Magnolia”). Plaintiff alleges that her bladder was damaged during the surgery and she now requires the continued use of a catheter. In August and November 2017, Plaintiff underwent surgery to repair her bladder, but the damage could not be fully repaired. Plaintiff filed her Complaint on August 7, 2018, and First Amended Complaint on February 11, 2019. She asserts three causes...

Excerpt: ...s secured by a deed of trust on Plaintiff's property located at 2350 Del Mar #308 in Corona. (Plaintiff's Ex. 1; Defendant's Exs. 1, 2.) The terms of the HELOC include a 10‐year draw period, in which Plaintiff could obtain credit advances and interest‐only payments are made, followed by a 15‐ year repayment period in which the principal and interest are paid until the maturity date of September 15, 2031. (Plaintiff's Ex. 1; Defendant's Ex. ...

Excerpt: ... and McBride agreed to invest funds towards the purchase of multiple residential properties. FACX ¶ 14‐16. Mr. Opitz and McBride contributed funds to purchase the properties but each party had separate properties for which each was responsible— obtaining a mortgage, solely being on title, and eventually selling the property. Mr. Opitz and McBride agreed to share the proceeds from the sale of the residential properties. Id. McBride took title...

Excerpt: ...e filed 8/29/18, a registered process server personally served Defendant Little at 26371 Casa Encantador Road, Moreno Valley on 7/24/18. The court entered default on 8/29/18 and default judgment on 3/14/19 in the amount of $53,534.72. Moving Papers: Defendant Little moves to vacate the judgment on the grounds of service. She contends that it was her daughter who was served and not her, therefore, it was substituted service. She further contends s...

Excerpt: ...hiro 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 hours (2017‐2018). Students are r...

Excerpt: ...ent, he and McBride agreed to invest funds towards the purchase of multiple residential properties. FACX ¶ 14‐16. Mr. Opitz and McBride contributed funds to purchase the properties but each party had separate properties for which each was responsible— obtaining a mortgage, solely being on title, and eventually selling the property. Mr. Opitz and McBride agreed to share the proceeds from the sale of the residential properties. Id. McBride too...

Excerpt: ...ears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence to support the verdict. If there is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.' ” [citations] “If the evidence is conflicting or if several reasonable inferences may be drawn, the motion for judgment notwithstanding the verdict...

Excerpt: ...ent and Intentional Misrepresentation. It also found that by clear and convincing evidence that Ford's conduct constituted malice, oppression or fraud. On March 25, 2019, the same jury returned a verdict of $253,861.02 for punitive damages. After receiving a proposed judgment from Plaintiff, Defendant filed objections on April 19, 2019. The Court thereafter set a briefing schedule on April 24, 2019 on its own motion in regard to the proposed judg...

Excerpt: ...C. On February 4, 2019, plaintiff noticed the deposition of defendant FCA's person most knowledgeable for February 19, 2019. The notice listed 14 subjects on which the PMK was to be deposed and also requested 10 categories of documents to be produced. Defendant promptly responded on February 11 with an objection to the notice, objecting not just to plaintiff's unilateral selection of a date and time but also objecting to at least part of virtuall...

Excerpt: ...las‐Rey Manzo (Plaintiffs) allege that decedents David Furry and Celeste Dominguez sustained fatal injuries when they were struck by a vehicle while crossing Market Street in the City of Jurupa Valley (Defendant) after using the restroom at Defendant Adams Motorsport Park. Plaintiffs allege that Defendant caused a dangerous condition to exist for both motorists and pedestrians accessing Adams Motorsport Park. As a result, Plaintiffs filed their...

Excerpt: ...rt grants the County's to compel Plaintiff to give further responses to Request for Production, without objection: 36; 55. All such responses must be provided within 20 days of today's date. The Court grants sanctions against Plaintiff in the amount of $1,512.00. SUMMARY OF MATTER On May 2, 2018, Plaintiff Kenneth Ray Bowling Jr., filed this lawsuit against the County of Riverside and Rhyan Miller, alleging that he suffered discrimination, harass...

Excerpt: ... to amend, and on 12/17/18 (after obtaining leave), Plaintiffs filed their First Amended Complaint (FAC). On 2/28/19, Defendant again filed a demurrer, and on 5/7/19, the court sustained the unopposed demurrer without leave to amend (after posting the tentative ruling). On the same day, the court entered judgment. Moving Papers: Plaintiffs move for reconsideration of the court sustaining the demurrer with leave to amend. Alternatively, Plaintiffs...

Excerpt: ...intiff, Brian E. Rogers (plaintiff or Rogers) alleges that he obtained a loan on 4/7/05 from Countrywide Home Loans, Inc. secured by a deed of trust on his home at 7018 Freesia Court in Corona. Defendant Nationstar Mortgage LLC (Nationstar) services the loan and defendant Wells Fargo Bank N.A., as Trustee for the Holders of the SARM 2005‐14 Trust Fund (Wells Fargo) contends it owns the beneficial interest in the deed of trust for the Trust Fund...

Excerpt: ...he common benefit. (Stutz v. Davis (1981) 122 Cal.App.3d 1, 6 [reversing the trial court and holding that two lienholders named as Page 3 of 8 defendants could not recover attorney's fees because the fees were not incurred for the common benefit].) The court also rejects defendant's contention that it is entitled to its attorney's fees based on this court's Order Granting Plaintiff's Motion for Judgment on the Pleadings, Entry of Interlocutory Ju...

Excerpt: ...rize an award of attorney's fees in a civil action involving the perpetrator of a crime. Plaintiff is entitled to costs as the prevailing party, but that amount is reduced per CCP section 998, subd. (c). As for Defendant's motion for “sanctions” under Code of Civil Procedure, the motion is granted but is limited only to defendant's reasonable and justified postoffer costs. Defendant provides no authority for his entitlement to attorney's fees...

Excerpt: ...sor at Moreno Valley College and was granted tenure on March 17, 2009. Thompson was investigated in 2014/2015 because of student complaints and an investigative report dated November 9, 2015, was issued. (AR353‐389.) The President of the college at the time, Dr. Sandra Mayo, issued her determination on March 3, 2016, and Thompson was given a 90‐day notice of unprofessional conduct and unsatisfactory performance. (AR609‐611.) Thompson was al...

Excerpt: ...t to engage in the necessary weighing and balancing analysis. (National Football League v. Fireman' Fund Ins. Co. (2013) 216 Cal.App.4th 902, 926‐27.) That is, there is no evidence to demonstrate that the balance of private and public interest factors makes it “just” that the litigation proceed in an alternative forum. (Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, 1463.) Factual / Procedural Context Plaintiff filed the complaint in thi...