Excerpt: ...008 he and Eduardo formed Lalo's Auto Repair, LLC (“LLC”). In 2015, Eduardo hired Araceli Gomez (“Araceli”) to work for the LLC. The parties began to have disagreements and in 2016, Eduardo informed Plaintiff that he no longer wanted to be business with him and created a new business, Lalo's Auto Services & Repair, Inc. (“Lalo”). Eduardo has filed a first amended cross‐complaint against Michael and Julio Rodriguez (“Rodriguez”)....

Excerpt: ...91 freeway. Defendant Ronnie Alex Sr. Jewell was traveling eastbound on the 91 freeway when Jewell's car veered to the right shoulder and collided with the vehicle occupied by Plaintiff. Plaintiff alleges that Jewel negligently operated his car, including failing to keep a proper lookout for other cars and making an unsafe turning movement in violation of Vehicle Code §22107. Plaintiff also alleges that Castaneda impeded traffic in violation of ...

Excerpt: ...sion Larue II Limited Partnership and Mission Larue Limited Partnership filed a cross‐complaint for indemnity, contribution, comparative fault and declaratory relief against Plaintiff, Myles McIntosh and Leecy Pierce. They assert that Plaintiff suffers from medical conditions that deemed him a fall risk, and that Myles McIntosh and Leecy Pierce should have known that risk and not allowed him to go out for the walk. On 12/4/17 and 6/13/18, Defen...

Excerpt: ...enjoined. Her FAC allegations include the failed securitization of her mortgage loan, invalid and/or void assignments of the underlying Note and DOT, and Defendants' lack of standing to foreclose. The FAC alleges 5 causes of action: (1) Wrongful Foreclosure (against US BANK, OCWEN and WESTERN PROGRESSIVE); (2) Unfair Business Practices (B&P §17200 et seq.) (against ALL DEFENDANTS); (3) Fraud by Deceit (against US BANK, MERS); (4) Fraud (Deceit) ...

Excerpt: ...laintiff fails to allege sufficient facts showing extreme or outrageous conduct. 16th – 22nd causes of action: OVERRULED. Plaintiff alleges sufficient facts in support of these claims. The motion to strike is GRANTED with 20 days' leave to amend. Plaintiff fails to plead sufficient facts showing malice, oppression or fraud giving rise to a claim for punitive damages. (See below.) With respect to Co‐ defendants Infinity Energy, Inc. and INFY C...

Excerpt: ...s THE PRESERVE, LLC, which is in Chapter 7 Bankruptcy. Defendant JOHN J. MENCHACA is the Bankruptcy Trustee for The Preserve Estate. A Deed of Trust recorded against the Property on 10/23/06 identifies Defendant NATIONAL FINANCIAL LENDING LLC (NFL) as Trustee, and NFL also holds a 24% interest in that DOT. In an Orange County Superior Court action (Gomberg vs. National Financial Lending, LLC, Case No. 30‐2015‐00796029), RICHARD K. DIAMOND was...

Excerpt: ...him to the emergency department of Loma Linda University Medical Center. Upon arrival at the hospital, Roderick Williams was unresponsive or unconscious. Two days later, while still in ICU, Roderick Williams died. Petitioners Demajay Williams, Destiny Williams, Jodi Williams and Tammy Johnson Williams (Petitioners) believe that Roderick Williams died because of injuries sustained while in the custody of City of Menifee and County of riverside. On...

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

Excerpt: ...sue with respect to KMC and HMC. Goehring v. Superior Court (1998) 62 Cal. App. 4th 894, 911. SUMMARY OF MATTER On May 28, 2012, Plaintiffs Jose and Alicia Enriquez (“Plaintiffs”) purchased a 2012 Kia Optima, which was manufactured and/or distributed by Defendant Kia Motors America (“KMA”). Plaintiffs received a 5‐year warranty at the time of purchase. Plaintiffs allege that during the warranty period, the vehicle developed numerous def...

Excerpt: ...ed to offer him alternate dispute resolution, which is required by Civil Code § 5705(b). It failed to properly vote on commencing foreclosure proceedings on his property and he was not personally served with the notice of default. Association sold the property at a trustee's sale to Wedgewood, Inc. for $108,100.00 on 5/23/18. The trustee's deed upon sale was recorded on 9/11/18. However, on 9/18/19, a notice of rescission of the trustee's deed u...

Excerpt: ...hout merit, and plaintiffs are entitled to a further response without objection within 20 days. Sanctions are awarded against defendant in the amount of $2,250.00 ($450 x 5 hours) in attorney's fees, along with the filing fee of $90.00, for a total of $2,340.00. SUMMARY OF MATTER Background & Relevant Procedural History: This action concerns a death that occurred at a restaurant in Riverside. Plaintiffs allege that Jermaine Horn (deceased) was a ...

Excerpt: ...k by an outward swinging door on two separate occasions (1/16/18 and 11/23/18.) She filed her Complaint on 3/6/19 alleging two causes of action for negligence and two causes of action premises liability. By this Motion, Defendant seeks to strike Plaintiff's claims for punitive damages. Defendant claims the allegations of the Complaint do not support a claim for punitive damages against a corporate defendant and does not allege any sufficient fact...

Excerpt: ...er (“IVMC”). He contends that Amy Collie (“Collie”), Plaintiff's former wife, and Joanna Longe Webster (“Joanna”), his current wife, wrongfully obtained his medical records from IVMC, altered said records, and disseminated them to third parties. Collie and Joanna allegedly made false and disparaging statements to third parties in the parties' community that Plaintiff was a drug addict and a cocaine addict. Collie and Joanna filed a sp...

Excerpt: ...n 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 (“Goodyear”). Plaintiff, who worked as a bus driver for the Jurupa Unified School District, alleges that she was injured on March 8, 2017, while driving a Thomas Built Bus when a rubber hose manufactured by Goodyear burst and sprayed hot coolant on her. The ...

Excerpt: ...ifornia, County of San Bernardino (“San Bernardino”) as a District Manager 1. She contends that one month after being promoted to this position in January 2015, her supervisor went on medical leave and she was required to assume her supervisor's duties without training. She contends that she was blamed for a couple of incidents that she had no involvement in (a meeting involving an employees' requesting to engage in the interactive process un...

Excerpt: ... nature of the responsive documents, the parties may enter into a stipulated confidentiality/protective order. FACTS AND PROCEDURAL HISTORY Plaintiffs filed the complaint 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 br...

Excerpt: ..., the Court overrules the objection. As to Defendant's objection to the declaration to Philip Rosescu, the Court sustains the objection to #1, #2, #3, #9, #10, #18, and #19. All other objections are overruled. SUMMARY OF MATTER Plaintiff Carolyn Mattson alleges that on 2/24/16, she was assisting Defendant Feeding America Riverside in offloading bales of cardboard from a baler when an agent placed a pallet directly behind her. When Plaintiff turne...

Excerpt: ...endant's request to modify the dates of the settlement agreement. SUMMARY OF MATTER The complaint contains one cause of action for quiet title. Plaintiff Pablo Moreno (“Plaintiff”) contends that he purchased property in Moreno Valley that contained multiple dwellings on it. He asserts that sometime after he purchased the property, defendant Oscar Munoz' (“Defendant”) name was added to title as a result of some undisclosed fraud and deceit...

Excerpt: ...aragraph 11 and the sub‐parts of the Complaint, but was not provided tenure. Plaintiff has film projects using LGBT actors and characters, and she complained, she was treated worse than younger, male, and heterosexual employees. In May 2017, when two tenured positions became available, lesser experienced, male and heterosexual employees were promoted. When she interviewed, she contends it was hostile as she was labeled “inflexible” and not ...

Excerpt: ...each of Express and Implied Warranties), Negligent Misrepresentation, and Negligence. A Notice of Unconditional Settlement of Entire Case was filed by Plaintiffs on 11/09/18, and an OSC Re: Dismissal was set for 1/04/19. When no timely declaration was submitted, the Court dismissed the entire action with prejudice on its own motion on 1/02/19 pursuant to Local Rule 3116 (Notice given by Clerk on 1/02/19). Plaintiffs filed a motion for attorney's ...

Excerpt: ... an order awarding them $17,030 attorney's fees and $1,235.30 costs, pursuant to CC §1794(d). Plaintiffs note that after months of litigation, Defendants agreed to buyback the subject vehicle, and the parties reached a settlement agreement which explicitly designated Plaintiffs as prevailing parties entitled to fees and costs (Declaration of attorney Fhima §22). The Fhima and Socher Declarations attest to the requested fees and costs. Defendant...

Excerpt: ... the contents of those documents. The Court grants the other defendants' joinder in the demurrer and motion to strike. The Court sustains the demurrer, without leave to amend. Based on the prior litigation in Gary Valbuena v. Ocwen Servicing, LLC, et. al., RIC 1604457, Plaintiff is collaterally estopped from raising the same issues in this action. Based on this ruling, the Court finds that the motion to strike is moot. SUMMARY OF MATTER: Plaintif...

Excerpt: ...tiff Kwang Jae Lee (“Lee”) alleges defendant Chan Jae Chung (“Chung”) approached him about an investment opportunity in April 2004 to purchase vacant commercial property in Lake Elsinore (the “property”). (Complaint, ¶¶ 10, 11.) The plan was to ultimately develop the property for profit, or holding and selling it for profit in the future. The parties agreed that they would each contribute 50% of the purchase price, with Chung charge...

Excerpt: ...cated at 2895 Hamner Avenue in Norco, which it leased on 11/15/13 to Defendant, S&S Venues California, LLC (S&S) for a term of ten years, with options to extend the lease term. Plaintiff alleges that Defendant, Sportech Venues, Inc. (Sportech) is part of an international betting technology business that owns and operates restaurants/sports bars. Plaintiff alleges that S&S and Sportech represented that they planned on using the premises for a “s...

Excerpt: ...ract action. Plaintiff, West Coast Management, LLC (“plaintiff” or “West Coast”), alleges on 5/8/17, it purchased an option to buy the real property located at 1990 Murrieta Road in Perris (“subject property”) from defendants Victor Bijasa and Zenaida Bijasa (collectively, “Bijasas” or “defendants”). Plaintiff alleges that it located new buyers and exercised the option, but sellers have refused to perform the agreement. The se...

Excerpt: ...es on patients including having uninvited contact with her breasts. Plaintiff alleges that she reported the inappropriate behavior to her employer, Defendant San Gorgonio Memorial Hospital (“Hospital”), but no remedial action was taken. Plaintiff filed her First Amended Complaint (FAC) alleging causes of action for: (1) sexual harassment; (2) failure to prevent discrimination and harassment; (3) failure to correct and remedy discrimination an...

Excerpt: ...ich exploded and caused hot liquid to come through the dash of the bus she was driving, resulting in her injuries. Plaintiff alleges that defendants Thomas Built Buses, Inc. (Thomas Buses), Daimler Trucks North America, LLC (Daimler Trucks), A‐Z Bus Sales, Inc. (A‐Z Bus), and The Goodyear Tire & Rubber Company (Goodyear) were all involved in the designing, manufacturing, distribution, selling, marketing, etc. of the 2002 Thomas Built school b...

Excerpt: ... California Institution for Women (CIW.) In 2016, Petitioner was partnered with Charlene Santa Cruz. Their job duties included transporting and guarding inmates by van from CIW to various medical facilities. In late 2016, Santa Cruz and Petitioner were escorting an inmate to an emergency room wherein they were going to wait for Correctional Officer Jacqueline Cooper and another officer to take over escorting duties. Santa Cruz began walking towar...

Excerpt: ...esponsive to the request, or where the wording of the response is unclear as to whether there are additional documents beyond those provided in light of the wording of the request: RFPs 17, 19, 20, 21, 23, and 25 For responses that are insufficient because it is impossible to tell from the response whether there are responsive documents, whether documents are being withheld or produced, and why: RFPs 54‐78 and Form Interrogatory 216.1 as to all...

Excerpt: ... fraud causes of action and a request for punitive damages. In Defendants' original opposition, they contend Plaintiffs delayed in amending the Complaint. While leave to amend a complaint can be denied if the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486), the Court does not find those facts present here. A court should not deny a plaintiff's ...

Excerpt: ...a cause of action. The court notes that the demurrer is brought by defendant Mukesh Patel only, as Raj Liquor Corporation is a separately named defendant. There is one issue that was not raised by the parties that requires some attention. The Court notes that Plaintiff's caption is entitled “ARMANDO RODRIGUEZ BERNAL, individually and on behalf of the California general public.” However, the Complaint does not mention any PAGA or class action ...

Excerpt: ...ond Amended Complaint references several statutes (Gov. Code §§ 814, 815, 815.2, 815.4 and 815.6), the entire action appears to be based upon Caltrans alleged violations of Pub. Contract Code §§ 10344 and 10345, neither of which provides standing to assert tort causes of action. (See Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802; de Villers v. County of San Diego (2007) 156 Cal.App.4th 238, 247; Eastburn v. Regional Fire...

Excerpt: ...s in their entirety. The Court orders the parties to meet and confer regarding execution of a protective order governing production of the documents; once a protective order is in place, Defendant is to produce responsive documents limited to those which concern/relate to the horn defect that is the subject of Plaintiff's complaint, regarding 2015 vehicles like Plaintiff's vehicle. SUMMARY OF MATTER This is a Song Beverly complaint arising from P...

Excerpt: ...judice. SUMMARY OF MATTER On November 2, 2015, Plaintiff Carrie L. Baker (“Plaintiff”) was admitted to a facility operated by Defendant CalOaks Care Group, Inc. dba CalOaks Senior Living (“Defendant”). Defendant is a Residential Care Facility for the Elderly (“RCFE”) but is not a skilled nursing facility, and, as such, does not provide medical care. Plaintiff suffered from dementia and limited mobility. She alleges that because Defend...

Excerpt: ...��City” or “Defendant”) boundary. His property is adjacent to property owned by the City, which ad in the past been used as a gun range for law enforcement. Since February 2013, the City has leased the gun range to defendants Matthew Johnson and his business, WRSP, LLC (“Johnson Defendants”), who now operate a private gun range on the property. On November 18, 2014, Plaintiff filed the original complaint against the City and the Johnson...

Excerpt: ...0. SUMMARY OF MATTER This is a complaint for Negligence / Premises Liability, arising from Plaintiff BARRY McINTOSH's May 22, 2017, slip & fall on a walkway at the Mission Palms Apartments (a senior community at 5875 Mission Blvd., Jurupa Valley). The property is owned by the MISSION LARUE PARTNERSHIP Defendants, and managed by Defendants CONAM MANAGEMENT CORPORATION and Community Manager PAUL HOOVER. Each Defendant has filed a Cross‐Complaint ...

Excerpt: ... of a motor vehicle accident that occurred on August 31, 2016 when defendant Carol Saylor (“Defendant”) rear‐ended Plaintiff Wilford Parker's (“Plaintiff”) vehicle. Plaintiff filed the complaint on March 9, 2018. Plaintiff now moves for leave to amend the complaint to add a claim for punitive damages. Plaintiff contends that Defendant was intoxicated at the time of the accident, drove at least 60mph into the back of Plaintiff's vehicle,...

Excerpt: ...intiff 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”). Wells Fargo provided a first lien loan for $332,000 (“First Lien”) and a Home Equity Line of Credit $30,000 (“HELOC”). Each loan was secured wi...

Excerpt: ... or otherwise damaging the community message board; (3) from posting or communicating any false or unauthorized statements on the HOA website without prior express approval by the Board; (4) from taking any of Plaintiff's monies or properties without prior express approval by the Board; and (5) from dissipating or otherwise disposing of any monies previously taken from Plaintiff, and/or real or personal property which was purchased with any monie...

Excerpt: ...ia Kashawn Little arising out of an unpaid business loan. According to the proof of service filed August 29, 2018, a registered process server personally served Defendant Little at 26371 Casa Encantador Road, Moreno Valley on July 24, 2018. The court entered default on August 29, 2018, and default judgment on March 14, 2019 in the amount of $53,534.72. Page 6 of 7 Moving Papers: Defendant Little moves to vacate the judgment on the grounds of serv...

Excerpt: ...laration a general description of the reasons why she did not attend the last deposition with regard to her daughter. Plaintiff shall file and serve that declaration by May 31, 2018. In that regard, the Court sustains objections #5‐8 to Plaintiff's attorney declaration; all other objections are overruled. Page 4 of 7 SUMMARY OF MATTER This is a sexual harassment complaint. Plaintiff Veronica Strozensky (“Plaintiff”) alleges that Defendant Y...

Excerpt: ...loyees; and (3) loss of consortium. On June 1, 2016, Plaintiff Maria Gutierrez was walking to her car near the street sidewalk in front of her residence when she tripped on a raised water meter. She contends that the water meter had lifted and the dirt around it created a hole due to root damage from a tree on city property, resulting in the water meter to shift. After obtaining leave of court, City filed a cross‐complaint against Plaintiffs fo...

Excerpt: ...enter (“Defendants”). The complaint sets forth causes of action for violation of the Song‐Beverly Act, fraudulent inducement/concealment and negligent repair arising out of his purchase of 2011 Dodge Durango SUV. On June 15, 2018, the Honorable John P. Farrell entered judgment following a jury verdict in favor of Plaintiff in the total amount of $137,238.75 plus the costs of suit and attorney fees (“Judgment”). On September 10, 2018, th...

Excerpt: ...of any sought‐for costs. SUMMARY OF MATTER This is a Song‐Beverly Act complaint arising from Plaintiff's November 2014 purchase of a new 2015 Mercedes‐Benz S550V for $143,115.36. On February 21, 2018, Plaintiff accepted Defendant's CCP §998 Offer to Compromise: Defendant agreed to pay Plaintiff $91,387.93, to pay off the remaining balance on the loan in the amount of $37,772.62, and to pay Plaintiff's reasonably incurred court costs, attor...

Excerpt: ...mart. Plaintiff alleges that MEP does not hold a valid California contractor's license, and was fraudulently using the license number of an unaffiliated sole proprietor to convince Plaintiff it was licensed. Plaintiff paid MEP at least $94,940.10. Plaintiff filed its Complaint on 2/20/19 alleging three causes of action: 1) breach of contract (against MEP); 2) disgorgement under Bus. & Prof. Code §7031 (against MEP); and, 3) declaratory relief (a...

Excerpt: ...ward sanctions. SUMMARY OF MATTER: This is a negligence/NIED complaint arising from a 4/18/16 motor vehicle collision on Norco Hills Road in Corona. Plaintiff MIZRA JENSEN was driving her two minor children (Plaintiffs VANESSA and PRESTON JENSEN) when they were struck by Defendant's vehicle. MOTIONS: Defendant moves to compel all three Plaintiffs to appear/testify at deposition, and seeks $1,465 monetary sanctions against each of them. None of th...

Excerpt: ...s in the new amount of $40,425.00. The Court shall again deny the request for a multiplier. The Court shall not rule on the request for costs. Petitioners have now filed a memorandum of costs, however the Court takes no action unless Respondent moves to tax costs under California Rules of Court, rule 3.1700. SUMMARY OF MATTER (The following discussion mirrors the Court's last tentative, with the exception of additional fees sought.) On January 12...

Excerpt: ...ship and contacted her former servicer, Bank of America, and obtained a loan modification agreement, which names Bank of America as the lender, when it was merely the servicer. She disputes Bank of America was the lender and any subsequent assignment. She alleges that Defendant Nationstar is a debt collector with no standing to foreclose. She filed this action on October 18, 2017. After the court granted Defendant's JOP, Plaintiff filed the First...

Excerpt: ...objectively consented to the terms and is thus bound by them. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 811 (“The existence of mutual consent is determined by objective rather than subjective criteria, the test being what the outward manifestations of consent would lead a reasonable person to believe.”).) Defendant's request for attorney fees is DENIED. SUMMARY OF MATTER This is a wrongful foreclosure action. Plaintiff...

Excerpt: ... claims for punitive damages must be pleaded with particularity as to the facts Page 8 of 8 constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (General Tel. Directory Co.) (1981...

Excerpt: ...y, which covered the gasoline direct injection engine that was manufactured by Defendants Kia Motor Corporation and Hyundai Motor Company. The engine contained defects including oil flow restriction causing stalling, engine failure, replacements, etc. Plaintiffs contend that Defendants advertised the engine's performance and design. Plaintiffs further assert Defendants were aware the defect, concealed it and still sold Page 2 of 8 vehicles with i...

Excerpt: ...ory Note and DOT securing the property. He subsequently experienced financial difficulties and defaulted. A NOD was recorded on August 15, 2017, followed by a June 11, 2018, NOTS. Five business days before the scheduled foreclosure, Plaintiff submitted a February 20, 2019 request for loan Page 2 of 4 modification. On February 25, 2019, ROUNDPOINT's agent Kristen confirmed receipt of the request and said it would take 24 hours to clear their syste...

Excerpt: ... 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”). Although not pertinent to this defendant, Plaintiff also alleges that defendant Frias kidnapped Plaintiff and admitted him to Mt. Rubidoux without his family's knowledge. Plaintiff alleges Luther Mangoba, M.D. (“Dr. Mangoba” or “Defendant”) is the Medical Director ...

Excerpt: ...raud; and 16th Cause of Action for False Promise (CC § 3294). The Court notes that the Complaint is confusing, however, because GEICO at times is referred to as a “Doe” Defendant and multiple allegations are made against the Doe defendants. Nevertheless, although Plaintiff's Second Amended Complaint (“SAC”) is 90 pages long, not including the exhibits, and contains 248 paragraphs, the facts do not give rise to viable causes of action aga...

Excerpt: ...ant evidence. (Code Civ. Proc., § 2017.010.) Defendant shall provide further responses to Special Interrogatories 19 and 20 without objection. As to Special Interrogatory 21 which seeks “your” communications with witnesses defines “your” as including the communications between defendant's counsel and witnesses, which invades the attorney work product doctrine, so defendant's objection on that basis was proper. The motion is denied as to ...

Excerpt: ... 6 vehicle driven by Defendant, Antilano Covarrubias, which caused Plaintiffs to suffer injuries and damages. Plaintiff filed her Complaint on July 17, 2018, alleging two causes of action: 1) motor vehicle negligence; and 2) general negligence. SUMMARY OF BRIEFS Plaintiff brings this motion to quash or limit Defendant's six deposition subpoenas issued to Namath Hussain, M.D.; Riverside Healthcare System; Riverside Community Hospital (3); and Rive...

Excerpt: ...2. The Court finds that in the Plaintiff's original complaint against Defendant, it alleged 5 causes of action: (1) Promissory Estoppel (against WELLS FARGO, BDF); (2) Cancellation of Deed (against all Defendants); (3) Quiet Title (against all Defendants); (4) Wrongful Foreclosure in Violation of CC §2923.6 (against WELLS FARGO and BDF); (5) Declaratory Relief (against all Defendants). Page 2 of 2 In the 1st amended complaint, it alleged six: (1...

Excerpt: ...efendants Ron Caruthers, Jason Brawner and Lisa Brawner when the ceiling collapsed causing them injury. Plaintiffs filed their Complaint on 2/22/18 alleging causes of action for: (1) negligence and (2) premises liability. By this Motion, Plaintiffs seek to file a first amended complaint (FAC) to add causes of action for intentional fraud, constructive fraud and exemplary damages. Plaintiffs allege the information supporting these allegations was ...

Excerpt: ...Williams was detained outside Kohl's Department Store at which time a physical altercation ensued. Officers of the Menifee Police Department (which contracts with the County of Riverside) arrived, arrested Roderick Williams and placed him in the patrol car to transport him to the emergency department of Loma Linda University Medical Center. Upon arrival at the hospital, Roderick Williams was unresponsive or unconscious. Two days later, while stil...

Excerpt: ..., 2018, Plaintiffs filed a judicial form complaint for motor vehicle and general negligence arising out of a car accident that occurred on June 8, 2016, by Defendants David Abel Gomez and Douglas Balmores, in a car owned by Defendant Michael Garcia. According to the proof of service filed May 21, 2018, a registered process server served this defendant by substituted service on May 9, 2018. The court entered his default on July 11, 2018. However, ...

Excerpt: ... than May 29, 2019. The Court will not accept further briefs. Factual / Procedural Context Plaintiffs Ghasan Tabel and Ghasan Tabel M.D., Inc. (“Plaintiffs”) filed the complaint in this action on December 15, 2015, against defendants Hospital Corporation of America (“HCA”), Riverside Community Hospital (“RCH”), Ben Russo, Kenneth Dozier and Russ T. Young (“Defendants”). Plaintiffs seek to recover damages because of the decline in ...

Excerpt: ...e purchased a new 2017 Chrysler on July 28, 2017, that has material defects and malfunctions with the transmission shifter, vehicle emissions, audio interface and vehicle dashboard screen. Plaintiff further alleges that Defendant FCA US LLC (“Defendant”) failed to correct those defects despite at least five (5) repair attempts. On August 10, 2018, Plaintiff filed the Complaint for breach of implied and express warranties under the Song‐Beve...

Excerpt: ...oug and Lynn Redman (“Owners”). Plaintiff alleges that while carrying a bucket of hot tar down a flight of stairs, he tripped on paper covering the stairs that was not property secured. The bucket of tar fell on Plaintiff causing severe burns to body and face. Neither Plaintiff nor Safari were licensed contractors. Page 2 of 5 Plaintiff filed his Complaint on November 14, 2017, and the operative First Amended Complaint (FAC) on March 2, 2018....

Excerpt: ...retion is shown unless by permitting the amendment new and substantially different issues are introduced in the case or the rights of the adverse party prejudiced.” (McNamara v. Steckman (1927) 202 Cal. 569, 572.) But if the new theory is one “upon which the adverse party had no opportunity to defend,” (Lavely v. Nonemaker (1931) 212 Cal. 380, 385) leave to amend should be denied. Although Plaintiff certainly opined that Omar was a “trust...

Excerpt: ... sides' request for sanctions. SUMMARY OF MATTER Plaintiffs, Javier Miranda Gaytan and Guadalupe E. Rodriguez (plaintiffs) allege they purchased a new 2016 Chevrolet Silverado (vehicle) with a warranty issued by defendant General Motors LLC (defendant or General Motors). Plaintiffs allege the vehicle did not conform to the warranty and developed other serious defects and nonconformities to the warranty, including to the transmission, engine and s...

Excerpt: ...was secured by Deed of Trust against an undeveloped property in Homeland, California (“Homeland Property”); the second note was executed on June 19, 2007, for $300,000.00 was secured by Deed of Trust against a property in Hesperia, California (“Hesperia Property”); and the third loan for $200,000.00 was made on April 26, 2008. Plaintiffs allege that Defendants stopped making monthly payments beginning in 2010, but made one final lump sum ...

Excerpt: ...iff Corey Shrewsbury (“Shrewsbury”) injured his hand while working on a job site that was part of the 91 Freeway expansion project. His employer Atkinson/Walsh, Atkinson Contractors and/or Walsh Construction Company (collectively “Atkinson/Walsh”) was the design‐builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commis...

Excerpt: ...he discovery requested. Page 2 of 3 The Court denies the request for sanctions as there exists substantial justification to not award to either party. SUMMARY OF MATTER: Plaintiff George A. Tasch (“Plaintiff”) purchased a vehicle manufactured by Ford Motor Company (“Ford”) and sold by Warren‐Anderson Ford. The vehicle was allegedly delivered with defects and nonconformities to applicable warranties. Plaintiff delivered the vehicle to au...

Excerpt: ...th six causes of action: (1) professional negligence/legal malpractice; (2) breach of contract; (3) breach of fiduciary duty; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) abuse of process and malicious prosecution. Following a meet and confer between the parties, Plaintiff filed the second amended complaint (“SAC”) on November 27, 2018. The SAC sets forth eight causes of action: (1)...

Excerpt: ...her availability for deposition prior to the continued hearing date. The hearing was continued to 4/26 and then advanced to 4/22. On 4/15, Plaintiff filed the Declaration of attorney Stephen J. Estey. Estey provides no information as to Plaintiff's current status: he merely attaches a 4/15 one paragraph letter from Tiffany Taft, Plaintiff's treating LMFT (Marriage and Family Therapist), following a 4/15 session with Plaintiff. Taft states that Pl...

Excerpt: ...nt”) with Request for Production of Documents, Set One (“RFPs”). Defendant served response on December 6, 2018. Unsatisfied with some of the responses, Plaintiff met and conferred with Defendant. Defendant agreed to provide supplemental responses, but failed to do so. Plaintiff now moves to compel further responses to the RFPs. Plaintiff concedes that supplemental responses, the verification and documents were provided after the motion was ...

Excerpt: ...an elder who was in the care and custody of Defendant Palm Terrace Care Center. Decedent had spinal surgery and was residing at Defendant's facility for care. Defendant's staff left decedent in the bed for hours and did not move him every 2 hours as medically required. In addition, they did not care for his personal hygiene as they left him in his urine and feces. As a result, he developed two stage IV bedsores. Plaintiff filed this action on 8/2...

Excerpt: ...sco Lepe (“Plaintiff”) alleges that he entered into a lease agreement with option to purchase real property located in Mira Loma (“subject property”) on 6/7/14 with defendants Gloria Garcia and Joaquin Garcia notarized by Defendant Alejandra 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 11/14/1...

Excerpt: ...ntext Plaintiff filed her complaint on August 14, 2017, and her first amended complaint (“FAC”) on January 12, 2018, against defendants Clear Recon Corp (“Clear Recon”), Rushmore Loan Management Services, LLC (“Rushmore”), Wilmington Savings Fund Society FSB DBA Christiana Trust as Trustee for Carlsbad Funding Mortgage Trust (“Wilmington”), Mortgage Electronic Registration Systems, Inc. (“MERS”) and Morequity, Inc. (“Morequi...

Excerpt: ...oducts liability action. Plaintiff, Lanette Boyce (Plaintiff), alleges she was a bus driver for Jurupa Unified School District when she was injured on 3/8/17, by a rubber hose (subject hose) which exploded and caused hot liquid to come through the dash of the bus she was driving, resulting in her injuries. Plaintiff alleges that defendants Thomas Built Buses, Inc. (Thomas Buses), Daimler Trucks North America, LLC (Daimler Trucks), A‐Z Bus Sales...

Excerpt: ...ntiff”), brings this lawsuit against the State of California, Department of Transportation (“State”) for the death of Plaintiff's mother, Jessica Campos (“Decedent”). Decedent was allegedly a passenger in a vehicle traveling eastbound on California State Route 60 near the City of Jurupa Valley, when the driver of her vehicle lost control of the vehicle and struck the center divider. Plaintiff does not blame State for the initial acciden...

Excerpt: ... check on 4/6/17 for $20,000. In March of 2018, Plaintiff alleges he was informed, for the first time, that Defendants did not open the account for Plaintiff as promised. He alleges they put the money into their own accounts, and told Plaintiff the money was lost in the investments. Plaintiff also alleges that he learned Defendants did not have the legal capacity to make investments. Plaintiff sought an accounting but, Defendants refused. Plainti...

Excerpt: ...ements, surveillance footage, body camera footage, other audio and visual recordings stemming from the January 12, 2018 incident as detailed in Petitioner's brief. The Court finds that Petitioners are entitled to attorney's fees and costs as the prevailing party subject to a proper Motion. Factual / Procedural Context On 1/12/18, decedent Roderick Williams was detained outside Kohl's Department Store at which time a physical altercation ensued. O...

Excerpt: ...a substandard, unsafe condition. In September 2016, the City began receiving complaints from neighbors about dangerous conditions on the property. The City conducted an inspection and requested that Respondent remove or remediate all substandard conditions. After several additional inspections and notices, the City determined no corrective action had been taken, and therefore filed a Petition for the Appointment of a Receiver, Injunctive and Othe...

Excerpt: ...Human Society (“IVHS”) took inadequate actions to protect the public from the dog. Plaintiff contends that IVHS is the City of Chino Hill's (“City”) agent. The operative pleading is the second amended complaint (“SAC”), which from the Court's review is somewhat unclear; indeed, it is unclear how many causes of action are asserted. A judicial counsel complaint is used, which contain forms for a first cause of action for negligence and ...

Excerpt: ...l, and business problems, which caused him to default on his loan. He contends that on February 28, 2019, five days before a scheduled foreclosure on his home, he requested a loan modification and submitted a complete loan modification application. He asserts that he was allegedly informed by one of defendant PennyMac Loan Services, LLC's (“PennyMac”) employees that PennyMac would not review his loan because there had been a late trial paymen...

Excerpt: ...hicle they purchased—a used 2008 Mercedes Benz C300 (subject vehicle)—was misrepresented. (See Kelley v. Adams Service Center, et al., RIC 1402555(Kelley I.) In that action the Kelleys asserted causes of action for fraud and violation of the Consumers' Legal Remedies Act, alleging defendant Adams Service Center, Inc. dba J&M Auto Sales #2 (J&M Auto) failed to disclose the Mercedes had frame damage. The trial court granted J&M Auto's summary j...

Excerpt: ...ion on 2/14/19. Background This case was brought by heirs of Phyllis Martin, who died at the age of 64 years old while an inpatient at MENIFEE VALLEY MEDICAL CENTER. Phyllis was experiencing extreme bleeding when she was arrived by ambulance at MENIFEE early the morning of 7/27/16. Defendant DIMPLE AGARWAL, MD was the internist/hospitalist on duty that day from 0700 to 1900. Phyllis was examined in the ER by Max Mener, MD and diagnosed with an ac...

Excerpt: ...o return the case to the civil active list” at the hearing on January 31, 2019. To the extent that there was any ambiguity, the Court denied the motion because Opitz provided no authority that the court can side aside a dismissal. A plaintiff may dismiss his complaint with or without prejudice prior to the actual commencement of trial. (CCP §581(b)(1), (c).) A plaintiff has an absolute right to dismiss and the trial court has no discretion. (O...

Excerpt: ...tion once its agent for service of process (who was also the chief executive officer) was served. Page 3 of 5 Finally, the Court denies relief based on extrinsic fraud under Code of Civil Procedure section 473, subdivision (d) because defendant fails to identify any action on the part of plaintiff which prevented defendant from responding to the complaint and the actions of defendant's own chief executive officer are an insufficient basis for rel...

Excerpt: ...rbitration award, along with the response filed by defendants and declarations filed in reply. The Court also Page 2 of 5 reviewed the arbitrator's ruling. The Court is mindful that defense counsel has argued that they did not receive the motion and petition timely, which Plaintiff's counsel disputes. At first blush, the Court was inclined to grant a brief continuance so that each party could adequately respond to the motion and petition, but the...

Excerpt: ...ustee entered into a 7/01/2006 ten‐year Lease for Plaintiff to operate his New York Pizza restaurant. The Lease provided that it was to expire on 6/30/16, and included an Option to Renew provision. After Sarah passed away in 2010, Defendant MARION ARIAS became Successor Trustee and Plaintiff's landlord under the Lease. Beginning in 2014, Plaintiff and ARIAS entered into a number of oral agreements regarding Plaintiff purchasing the property. Wh...

Excerpt: ...VR‐WV HOA commenced foreclosure proceedings by recording a Notice of Default and Election to Sell. Defendant BRECKENRIDGE purchased the property for $108,000 at a 5/23/18 Trustee's Sale. The TDUS recorded 9/11/18 reflected the assessment lien was for $7,356.14. A Notice of Rescission of TDUS was recorded a week later, and a second TDUS was recorded that same day (9/18/18). Plaintiff filed this instant action on 12/04/18, alleging various irregu...

Excerpt: ...(Although there are two motions, the Court will describe the background in this portion of the tentative.) The County served responses on September 26, but Plaintiff determined that the several responses were insufficient. On October 23, Plaintiff's counsel sent a meet and confer letter. The County refused to supplement its responses. On November 6, Plaintiff sent a follow‐up meet and confer letter. On March 11, 2019, the Court heard Plaintiff'...

Excerpt: ...intiff Joseph Garraffa (“Plaintiff”) collided with a vehicle driven by Defendant Ann Forster (“Defendant”). Plaintiff sustained personal injuries. Plaintiff filed his Complaint on August 28, 2018. He asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. On September 14, 2018, Plaintiff filed the Proof of Service (POS) that indicates that the Summons and Complaint was served by a registered process server on Sept...

Excerpt: ...iciency” of the litigation. The initial litigation concerns a business dispute between Michael Gonzalez and Eduardo Gomez and Araceli Gomez over Lalo's Auto Repair, LLC. Gomez filed a cross‐action against Rodriguez in his personal capacity for fiduciary breaches and alleged that he embezzled or otherwise stole funds from Gomez while he was an employee of the LLC. Then, in December of 2017, Rodriguez filed a cross‐complaint against the Gomez...

Excerpt: ...unit located at 4730 Knickerbocker Lane in Riverside (the “property”), owned by defendant Marcia Jane Perez (“Defendant”) and located within the Page 6 of 7 homeowners association. Plaintiff alleges that the property is overrun by approximately 100 cats in violation of the CC&Rs and municipal ordinances. Plaintiff further alleges that Defendant has permitted trash, debris and cat feces to accumulate within the property, such that the prop...

Excerpt: ...s. However, the Court finds that both parties have acted reasonably in their positions, and as such no sanctions shall be awarded to either party. Background Facts This is a wrongful termination action. Plaintiff, Frederick Ejiofor (Plaintiff) alleges he was employed as a Landfill Safety Monitor for defendant, County of Riverside (County), and was terminated. Plaintiff alleges he suffered discriminatory treatment over the years, including by othe...

Excerpt: ... Plaintiffs that Aero was a potential defendant in this action – i.e., that it may have had responsibility for maintaining the subject property where Janice tripped and fell – and Aero identifies no other facts to demonstrate that Plaintiffs were aware or should have been aware that they had a cause of action against it. Simply being aware that a party exists is, in and of itself, insufficient to preclude an amendment under § 474 and relatio...

Excerpt: ...erforming medical procedures on patients including having uninvited contact with her breasts. Plaintiff alleges that she reported the inappropriate behavior to her employer, Defendant San Gorgonio Hospital, but no remedial action was taken. Plaintiff filed her First Amended Complaint (FAC) alleging causes of action for: (1) sexual harassment; (2) failure to prevent discrimination and harassment; (3) failure to correct and remedy discrimination an...

Excerpt: ... much as Plaintiff has sought. The Court sanctions Defendant $3,000.00, for all four motions, as detailed below. Although there are four motions, because the Court has found that the issues are moot, the Court will give one tentative ruling as it equally applies to each motion. SUMMARY Plaintiff, Complete Coach Works (Plaintiff or Complete), alleges it purchased defective battery chargers and accessories (“equipment”) from defendant Advanced ...

Excerpt: ...3 pleading names parties that were dismissed by the court on September 5, 2018; Plaintiff has not obtained a court order setting aside the dismissal. SUMMARY OF MATTER: This is a medical malpractice action. Plaintiff Blake Petersen, a minor (“Plaintiff”) alleges that Defendants were negligent in their care and treatment of his dislocated shoulder at the Rancho Springs Medical Center Emergency Room on July 4, 2016. Plaintiff filed the original...

Excerpt: ...NSON/WALSH employee, which arises from industrial injuries sustained while Plaintiff was working on the 91 Project making improvements to SR‐91 between Corona and Riverside. A serious accident had occurred in October 2015 when numerous other ATKINSON/WALSH employees working on the Project were injured or killed when a section of the roadway suddenly collapsed. On 3/11/16, while OSHA's investigation of that first accident was ongoing, Plaintiff ...

Excerpt: ...onary immunity applies and, even if discretionary immunity did not apply, each of the causes of action fails. First, as to discretionary immunity, the District's infectious disease procedure does not apply here. The actions of the District and the Superintendent regarding the diagnosis did not concern a parent's request to admit a student to class who had been diagnosed with an infectious disease. The District's evaluation procedure and policy re...

Excerpt: ...laintiff, Frederick Ejiofor (“Plaintiff”) alleges he was employed as a Landfill Safety Monitor for defendant, County of Riverside (“County”), and was terminated. Plaintiff alleges he suffered discriminatory treatment over the years, including by other County employees. One employee told plaintiff that he did not like to hire black people because he viewed them as a threat, while another employee called plaintiff the “n‐word” on appr...