Excerpt: ...n exchange, Bottle It was required to make monthly payments to repay the loan and the loan was secured by Bottle It's equipment. Bottle It has breached this agreement. Plaintiff contends that Bottle It has taken the property that secured the loan and given it to other defendants. Page 2 of 3 The complaint asserts the following causes of action: (1) breach of contract, (2) recovery of personal property, (3) conversion, (4) fraudulent transfer, (5)...

Excerpt: ...OV) is denied. The Motion for New Trial is denied. As an initial matter, Plaintiff has argued that Defendants should be sanctioned under CCP § 128.7 because the claims that they have made have been repeatedly denied by the Court. Although the Court's tentative is to deny both the Motion for New Trial and Motion JNOV, that is not the same to say that the motions are frivolous or made in bad faith. The Defendants are within their right to seek pos...

Excerpt: ...laced Avetisyan. After MTHC was shut down, a second dispensary, Mission Wellness Center, was opened. On July 15, 2019, the parties signed the stipulated judgment for a permanent injunction, and on August 16, 2019 the Court entered judgment. The judgment provides that the Defendants are “jointly and severally liable for the City's attorney fees and costs.” Although the City claims that they incurred $167,540.50 in attorney fees, they are not s...

Excerpt: ..., 2019 and the operative first amended complaint (“FAC”) on September 5, 2019 against defendant Nissan North America, Inc. (“Nissan”). On January 18, 2013, Plaintiff purchased a new 2013 Nissan Sentra (the “Vehicle”). (FAC, ¶ 8.) The Vehicle was backed by a limited warranty, and an implied warranty of merchantability also accompanied the Vehicle. (FAC, ¶¶ 9‐10.) Plaintiff alleges that Nissan breached the warranties by delivering ...

Excerpt: ...EXT This is an action arising out of a rear‐end automobile accident that occurred on the 91 freeway in Corona. Plaintiff Maria Cardenas filed her complaint on July 10, 2019, and defendants Hai Tran, Chuong Tran, and Hong Tran were served in August of 2019. Starting on October 8, 2019, defendants served a series of subpoenas to various third parties. Broadly speaking, these subpoenas fall in two categories: Subpoenas to various medical providers...

Excerpt: ...rt will address one issue, however. Defendants have argued that HBOR has been preempted by the federal Homeowner's Loan Act (HOLA) because Plaintiff's loan was originated by World Savings Bank, a federal Savings Bank. It does not appear from the documents listed in the request for judicial notice or the Plaintiff's complaint that Plaintiff's HBOR claims have been preempted. Whether or not evidence is adduced later during discovery that demonstrat...

Excerpt: ...it is uncertain and it fails to plead factual particularity and specificity as to each element of fraud. The Court sustains with leave to amend the demurrer as to the third C/A for Negligence as it does not adequately plead what the breach of duty was in this case. The Court is not sustaining the demurrer at this time under the statute of limitations defense, as the Court finds that the FAC does not demonstrate that the statute of limitations has...

Excerpt: ...laintiff filed her Complaint on 1/27/17 seeking partition by sale of the property because physical division is impracticable since the property is zoned in a manner that only allowed division to one or two parcels. She alleges that division is also impracticable due to access to the property and the location of the water well. Plaintiff's Complaint alleges four causes of action: 1) partition; 2) accounting; 3) breach of contract; and, 4) common c...

Excerpt: ...otion to strike in references to fees. 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, as well as $400 per month and Defendant was to receive 50% of any recovery obtained in the malp...

Excerpt: ...ns. SUMMARY OF MATTER: This is an employment action. Plaintiff Victoria Rios (“Plaintiff”) alleges she was employed by defendants KayBSky Solutions, Inc. (“KayBSky”), Infinity Energy, Inc. (“Infinity”) and INFY Communications (“INFY”) as a salesperson from late 2017 to December 8, 2019, when she was terminated from her employment. Plaintiff alleges that she went on pregnancy disability leave from October 30, 2018 to November 5, 20...

Excerpt: ...text This action arises out of an October 24, 2017 automobile accident on Interstate 215 in Riverside. Plaintiff filed the complaint on April 12, 2019 against defendants Doulas Bonilla (“Bonilla”) and Lincoln Transportation Services, Inc. (together, “Defendants”). Defendants filed their answer to the complaint on May 9, 2019. * * * On May 20, 2019, Plaintiff served a notice of deposition on Bonilla and set the deposition for June 24, 2019...

Excerpt: ...do”). Plaintiff alleges that in 2008 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...

Excerpt: ...ership to Christian. He was to hold the property in trust for Plaintiff. Christian sold Page 3 of 5 the property in 2013 and used the proceeds from the sale to purchase a property in San Bernardino. Plaintiff contends that the parties agreed that Christian would purchase the San Bernardino property for the benefit of Plaintiff. The parties executed a letter of agreement, which indicated that Christian had no right to the San Bernardino property. ...

Excerpt: ...n modification application, but continued with their foreclosure efforts. The complaint, filed 7/23/19, asserts: (1) violation of Civil Code §2923.6(c); (2) violation of Civil Code §2923.7; (3) violation of Civil Code §2924.9; (4) violation of Civil Code §2924.10; (5) negligence; (6) unfair business practices; and (7) violation of 15 USC §1641(g). After Plaintiff moved for a preliminary injunction, Defendants removed the action to the U.S. D...

Excerpt: ...Zander. Complaint, ¶5. Plaintiff he paid his October 2018 rent to the apartment manager but the landlord on October 2 demanded that plaintiff pay the rent, accusing him of not paying it. Complaint, ¶8. Defendant served a three‐day notice on October 18, 2018 that included a demand for treble damages. Complaint, ¶10. Zander filed the unlawful detainer action on October 23, 2018, and it is alleged that he falsely represented that Bruce did not ...

Excerpt: ...he complaint on April 28, 2016. Hertz filed its answer on June 10, 2016. Plaintiff subsequently substituted Rental Car Finance, LLC (erroneously served and sued as Dollar Rent a Car, Inc. and DTG Operations, Inc.) (“RCF”) for Does 1‐4. Yu resides in China and service of the summons and complaint was only recently accomplished in accordance with the Hague Convention. Yu's insurance counsel served an answer on her behalf on July 23, 2019. On ...

Excerpt: ...e of Altman and $2,520 for Kiesel), less time likely spent solely on the fraud claims ($54,934.63 or 1/4 of the lodestar). The court declines to award a multiplier. Costs and expenses shall be determined on the motion to tax costs. SUMMARY OF MATTER This is an action under the Song‐Beverly Act. Plaintiff Jeff Ettleman (“Plaintiff”) alleges he purchased a new 2003 Ford F‐250 truck from defendant Ford Motor Company (“Defendant” or “Fo...

Excerpt: ...AC) as a matter of right on 8/27/19. The FAC asserts: (1) breach of contract; (2) insurance bad faith; (3) fraud; and (4) UCL. As shown by the request for judicial notice, Plaintiff Byung H. Kwon filed a similar action regarding the same allegations in RIC 1608182, which also alleged causes of action from the 7/1/14 incident. Summary of Demurrer: Defendant demurs to each cause of action on the grounds that they fail to state facts sufficient and ...

Excerpt: ...ld (collectively “Plaintiffs”) alleges that on 6/5/05, they bought a new 2005 Ford Excursion which contained a defective Navistar engine. Plaintiffs contend that Ford Motor Company (“Ford”) was aware that the Navistar engine was defective, but it produced its vehicle using said engine. Plaintiffs contend that Ford and its authorized agents made false statements regarding the qualities and capacities of their truck and concealed the defect...

Excerpt: ...aintiffs contend they have sustained injuries due to the Defendants wrongful conduct. They assert one cause of action for negligence. Summary of Motion: Defendants seek to consolidate this lawsuit with RIC1902809 – Cordova v. Reyes, et al. The two lawsuits pertain to two different car accidents the Plaintiffs have been in (April 28, 2017 and May 14, 2017). Defendants argue that Lorenzo claims very serious injuries and underwent surgery on Augus...

Excerpt: ... 43. The Court grants the motion to compel a further response to RFPs 11, 12, 17, 23, 37, 38, 39, 44, 54 and in part 60. RFP 60 is limited to Certified Pre‐Owned Policies and Procedures Manual(s) in use between the date Plaintiffs' purchase of the Vehicle and the present, but is otherwise denied. Page 4 of 6 The Court orders the parties to meet and confer in regards toward a mutually‐agreeable stipulated protective order. Factual / Procedural...

Excerpt: ...ive Ruling: Husted's Demurrer: The Court overrules the demurrer as to the first and fourth causes of action. The Court sustains with 20 days leave to amend as to the second, third, fifth, and seventh causes of action. TVH and UHS' Demurrer: The Court overrules the demurrer to the first cause of action and fourth cause of action, but only as to TVH because UHS is not mentioned in this cause of action. The Court sustains with 20 days leave as to th...

Excerpt: ...irfax v Lords (2006) 138 Cal.App.4th 1019, 1025, the designation should be stricken. That case is distinguishable. In Fairfax, the defendant declined to designate any experts in the initial designation and then supplemented by designating an expert on everything plaintiff had designated. In many ways, the supplement list by the defendant wasn't supplemental at all – it was untimely. The appellate court held that such designations were improper....

Excerpt: ...o (“Jessica”), Cherokee Secure Collateral (“Cherokee”) and West Coast Lien Sales (“West Coast”) initiated a lien sale of the subject vehicle, which was sold to Defendant Francisco Alebelo (“Alebelo”) for $1,300. Plaintiff alleges that the lien sale was improper and did not comply with Civ. Code §3072 notice requirements. Matthew, Jessica and Cherokee (collectively “Cross‐Complainants”) allege that on March 20, 2017, the sub...

Excerpt: ...os. 1, 3‐7, 9‐13, 15‐17, 23‐28 and OVERRULED as to nos. 2, 8, 14, 18‐22, 29. The motion is GRANTED, but in the reduced amount of $15,407.50 for attorney fees incurred in this action only (RIC1800802), reflecting the lodestar. The court declines to apply a multiplier. The parties did not agree to fees, costs or expenses incurred as part of the prior action. With regard to costs and expenses, the Plaintiff shall submit a revised cost memo...

Excerpt: ...nding arbitration. SUMMARY OF MATTER This is an employment action. Plaintiff Orlando Ibarra Medina (“Plaintiff”) alleges he was employed as a cook from July 10, 2018 to December 26, 2018, at a Denny's Restaurant owned and operated by Defendant Mancha Development Company LLC (“Defendant”). In November 2018, he suffered a workplace injury to his fingers. Plaintiff alleges he was thereafter harassed, discriminated against and ultimately term...

Excerpt: ...ined 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 the City of Chino Hill's (“City”) agent. Plaintiff filed her Complain...

Excerpt: ...lleges that on December 16, 2016, she slipped and fell on a rain‐soaked mat at the entrance to an Albertsons store owned and operated by defendant Albertsons Companies, Inc. (“Albertsons”) and managed by store manager Jennifer Cruz (“Cruz”)(collectively “Defendants”). Plaintiff alleges injuries to her knees and right shoulder, and mental injuries related to fatigue and lack of sleep. Plaintiff filed the original complaint on June 22...

Excerpt: ...at as a result of the treatment received by defendants, in particular the follow‐up care after the surgery, her husband died. The first amended complaint states two causes of action: 1. Wrongful Death; 2. Negligent Infliction of Emotional Distress. SUMMARY OF MOTION Defendant argues that the surgery he performed and the post‐operative care he provided between 9/15/17 and 9/21/17, were within the standard of care and the condition and treatmen...

Excerpt: ...is is a dispute between shareholders of a business. Plaintiff Andrew Yeghnazar (“Plaintiff”), Diana Vise (“Vise”), Troy Blythe, and Tina Blythe are shareholders of 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 was employed as Blaoch's president. Vise was employed as the CEO and oversaw legal,...

Excerpt: ...ardo Gomez (“Eduardo”). Plaintiff alleges that in 2008 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...

Excerpt: ...f sought a lis pendens which was denied. Plaintiff then obtained counsel, who then recorded a lis pendens. Defendant then applied ex parte to remove the lis pendens. Plaintiff then filed a First Amended Complaint on 9/11/19 for breach of contract, fraud and fraud in the inducement. On 10/4/19, the court granted Defendant's application to expunge the lis pendens but continued the matter for supplemental briefing on the issue of sanctions. Defendan...

Excerpt: ...e abatement is sought as to real property located at 5668 West Ramsey Street, Units A and B, in Banning, based on the property maintenance conditions (unpermitted sign; lack of business certificate; hazardous wiring), and the illegal operation of a commercial cannabis business. Plaintiff filed their Complaint on 8/7/19 alleging seven causes of action: 1) unlawful maintenance of a public nuisance (Civil Code §3479)‐ i.e. hazardous wiring; 2) Na...

Excerpt: ...ponses to Requests for Production 1, 3, 4, 9, 13, 15, 16, 37‐40, 43, 46 and 47. The Court orders counsel to meet and confer regarding Requests for Production 31 and 33 and orders Plaintiff's counsel to narrow the requests to the relevant time period as it relates to Plaintiff's vehicle. 3. The Court denies all requests for sanctions. FACTS AND PROCEDURAL HISTORY This is a lemon law case arising from Plaintiff's purchase of a 2016 Chevrolet Trax...

Excerpt: ...lity action. Plaintiff, Lanette Boyce, alleges she was a bus driver for Jurupa Unified School District when she was injured on 3/8/17 by a rubber hose that 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...

Excerpt: .... SUMMARY OF MATTER This is a premises liability action. Plaintiff Lori Hammond (“Plaintiff”) alleges that on December 16, 2016, she slipped and fell at the entrance to an Albertsons store in Eastvale owned and operated by defendant Albertsons Companies, Inc. (“Albertsons”) and managed by store manager Jennifer Cruz (“Cruz”) (collectively “Defendants”). Plaintiff filed the original complain on June 22, 2018, alleging premises liab...

Excerpt: ...isability, Plaintiff asserts he received correspondence that he was placed on a 39‐ month rehire list and could not return to work because Defendant did not have a copy of his QME report. He contends that he was not permitted to return to work on 3/4/17 when he received a release from his doctor to return with minor restrictions. Plaintiff received his right to sue letter from the DFEH on 6/2/17. The Complaint filed on 6/12/19 alleges cause of ...

Excerpt: ...0. SUMMARY OF MATTER This is a motor vehicle personal injury case. On March 21, 2016, a vehicle driven by Defendant George Postulka (“Postulka”) and owned by Defendant A‐Quality Transport (“AQuality”) collided with a vehicle in which Plaintiff Leann Bibbie (“Plaintiff”) was a passenger. Plaintiff sustained severe injuries and property damage. Plaintiff filed her Complaint on June 24, 2017. She asserted two causes of action for: (1) ...

Excerpt: ...Suzuki, M.D., determined that Petitioner remained permanently incapacitated. On 2/12/15, CalPERS requested clarification, and he wrote a supplemental report on 2/23/15. She was again examined on 8/16/16 by CalPERS doctor Khaled A. Anees, M.D. determining that she was permanently incapacitated and a supplemental report on 9/1/16. On 2/6/17, CalPERS notified Petitioner that they were cancelling her disability retirement. Petitioner appealed and req...

Excerpt: ...ff Juaquina Reyna (“Plaintiff”) alleges she slipped and fell on water leaking from the toilet of the restroom at a KFC restaurant in Moreno Valley, sustaining injuries to her left shoulder, left hip and left knee. Plaintiff filed the Complaint against defendant Great American Chicken Corp., Inc. dba KFC (“Defendant”) and Doe Defendants on August 15, 2017. Plaintiff later identified Doe Defendants Ecolab, Inc. and Florim USA Inc. At the be...

Excerpt: ...s”). Plaintiff sustained severe injuries. Plaintiff filed his Complaint on June 19, 2017. He asserted two causes of action for; (1) Negligence; and (2) Premises Liability. Defendants filed separate cross‐complaints against Plaintiff's caregivers Myles McIntosh and Leecy Pierce (“Caretakers”) for indemnification, contribution and comparative fault. Defendants allege that the Caretakers knew that Plaintiff suffered from several chronic cond...

Excerpt: ...n 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' demurrers, without leave as to Geico and with leave as to Walter's. Plaint...

Excerpt: ... Brown, CPG, Civ. Proc. Before Trial (TRG 2013) Ch. 9: Part II: Provisional Remedies, §9:784, p. 9(II)‐63. This statutory remedy is governed by C.C.P. §512.010, et. seq. To obtain a writ of possession, Plaintiff must show that he or she: 1) has the right to immediate possession of tangible personal property; and, 2) the property is being wrongfully withheld by defendant. C.C.P. §512.010; Englert v. IVAC Corp. (1979) 92 Cal.App.3d 178, 184. T...

Excerpt: ...astillo. Plaintiff alleges defendants Francisco Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Francisco 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) b...

Excerpt: ...ainst defendant Alvord Unified School District (the “District”). Plaintiff was a 14‐year old student at Hillcrest High School, which is subject to the control of the District. Plaintiff suffered from a cleft lip and was frequently bullied by other students, which caused her severe stress and anxiety. On April 22, 2016, Plaintiff left the school campus during her physical education class through an unlocked gate without permission. She then ...

Excerpt: ...an injunction.” Butte v. State of California (1992) 4 Cal.4th 668, 678. However, “when the purpose of the injunction is to enforce a statute or ordinance, hardship—that is, injury to the public—may be presumed from the fact that lawmakers chose to pass the ordinance in the first place.” IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 72. “[W]here the law expressly declares something to Page 3 of 3 be a nuisance, then no inquiry be...

Excerpt: ...nding arbitration, however, the Court shall set a Hearing re: arbitration on April 24, 2020, regarding the status of arbitration. The parties are ordered to submit a joint statement regarding the status of arbitration approximately ten days prior. Page 5 of 7 SUMMARY OF MATTER This is an employment action. Plaintiff Orlando Ibarra Medina (“Plaintiff”) alleges he was employed as a cook from July 10, 2018 to December 26, 2018, at a Denny's Rest...

Excerpt: ...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” and Defendants) was the design‐ builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commission (“RCTC”). Plaintiff claims that his supervisor Marc...

Excerpt: ...rder by Foothill/Easter Transportation Corridor is denied. Plaintiff is seeking to attach a third‐party's earnings under CCP § 708.510 et seq. and Family Code § 910 as a Judgment Creditor. It bases this theory on the argument that because California is a community property state, the earnings of Defendant's husband are 50% hers, and should be attached to pay off the Judgment Defendant owes. Plaintiff has alleged that during a Judgment Debtor ...

Excerpt: .... Webb Associates as an Administrative Assistant directly under the supervision of Susie Reyes. She alleges she told a co‐worker, Todd Carpenter, that she was pregnant. Plaintiff alleges that on 1/4/18 before she had told Reyes about her pregnancy, Reyes asked another co‐worker, Stephanie Serao, if Plaintiff was pregnant. She alleges Serao told Reyes to ask Plaintiff, and Reyes responded that she knew the answer to her question. Thereafter, o...

Excerpt: ...nt VIPER's representative Mark (based in Chino, CA) to pay $48,500 for a 2000 Caterpillar D7R Dozer. Plaintiff wired the money, and Defendant has failed/refused to produce the dozer or refund Plaintiff's money. Plaintiff's 7/05/19 Form Complaint alleges claims for Breach of Contract and Fraud (Misrepresentation, Concealment Promise without Intent to Perform). SUMMARY OF MOTION AND DECLARATION Defendant VIPER MACHINERY LLC specially appears and mo...

Excerpt: ... in the underlying action, which is at the heart of Plaintiff's complaint. The four‐year statute of limitations under CCP § 340.6 does not bar Plaintiff's claims because the stipulated judgment about which Plaintiff complains was entered on August 28, 2015, less than four years before the Complaint was filed. To the extent Defendant relies on extrinsic evidence, it is improper and will not be considered by the court. Defendant to file their an...

Excerpt: ...ery to obtain a license to operate commercial cannabis business. Petitioners' application was denied and they were determined to be ineligible for participation in the lottery for currently operating an unlicensed cannabis business within the City of Banning. Petitioners appealed this decision. They contend that the City failed to provide any evidence that they operated a commercial cannabis on another property or that City issued any administrat...

Excerpt: ...of Plaintiff's complaint. Furthermore, there are sufficient facts alleged against Lisa G. Salisbury individually. The motion to strike is DENIED. Whether attorney fees are recoverable can be determined by noticed motion following judgment and is not appropriate for determination at this time. Furthermore, Plaintiff alleges sufficient facts showing circumstances of fraud sufficient to support punitive damages. SUMMARY OF MATTER This is a legal mal...

Excerpt: ...(Set One) Nos. 6‐7, 9, and with a privilege log as to RPD Nos. 19‐22, 25‐29, 32, 34, 35, 42‐ 45. Only a privilege log is required for RPD Nos. 1‐5, 10, 14‐16, 24, 46‐47. Otherwise, the motions are DENIED. The request for sanctions by defense is also denied. SUMMARY OF MATTER Plaintiffs, Gordon Marino and Cynthia Lee, allege that on 6/5/14 they purchased a new 2014 Volkswagen CC from Defendant, Riverside Volkswagen (Dealership) for $...

Excerpt: ...hin 20 days. The Court declines to award sanctions. SUMMARY OF MATTER Plaintiff Lori Hammond alleges that on 12/16/16, she slipped and fell on a slippery 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. Page 2 of 7 Summary of Motion: Plaintiff brings this m...

Excerpt: ...trial. Plaintiff has alleged several instances of error, which the Court shall address separately. ANALYSIS With respect to errors of law, a judge may grant a new trial based on an error in law that occurred at the trial and that was objected to by the party moving for a new trial. (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 errone...

Excerpt: ... as moot. Page 4 of 7 SUMMARY OF MATTER In this action, Plaintiff alleged Defendant Akmakjian along with other family members and the Riverside Community Hospital committed causes of action stemming from the death of Plaintiff's father. Essentially, Plaintiff alleged that sometime in January of 2017, Decedent, age 90, caught a flu at home, which was treated with cough syrup. (¶ 13.) On February 6, 2017, he was admitted to Riverside Community Hos...

Excerpt: ...no new or different facts, circumstances, or law as required by Code of Civil Procedure section 1009. BACKGROUND & RELEVANT PROCEDURAL HISTORY: This is a wrongful foreclosure action. Plaintiff Yi Fu Hwang (“Plaintiff”) alleges that he obtained a Home Equity Line of Credit (“HELOC”) from defendant Cathay Bank on September Page 5 of 7 22, 2006, in the amount of $150,000, which is secured by a deed of trust on Plaintiff's property located at...

Excerpt: ... of C.C.P. §§ 708.110, et seq. SUMMARY OF MATTER The complaint and consolidated complaint in this matter were filed by Richard Van Loon and Dianne Van Loon and were dismissed early on in litigation. Two of the cross‐complaints that were filed went to trial – one brought by Winchester‐Wesselink, LLC. (“LLC”) and one brought by Richard Van Loon. LLC asserted in its cross‐ complaint that two of its members, Richard and Dianne Van Loon ...

Excerpt: ..., Decedent, age 90, caught a flu at home, which was treated with cough syrup. (¶ 13.) On February 6, 2017, he was admitted to Riverside Community Hospital for treatment. (¶ 14.) He had the flu, and possibly pneumonia. On February 10, 2017, he returned home to recover from the flu. (¶ 15.) X‐Rays of his lungs showed he was clear for discharge. (¶ 15.) Page 2 of 2 For reasons unknown to Plaintiff, Decedent returned to the hospital on February...

Excerpt: ...EXT This is an action to collect on an equipment loan. Plaintiff Ascentium Capital, LLC alleges that in March of 2018, it loaned $120,035.10 to Luxury Car Wash, Inc. so that Luxury could purchase equipment for a car wash business, with Ascentium taking a security interest in the property. Ascentium further alleges that Luxury transferred the equipment to the defendant in this case, University Auto Spa & Detailing Center, Inc.1 The complaint alleg...

Excerpt: ...ruary 14, 2018 accident, caused by the negligence of Tway, who was acting within the course and scope of his employment with Basso at the time of the accident. On June 10, 2019, Plaintiff served a notice of PMQ deposition notice on Basso. On July 8, 2019, Basso advised that it would not appear for the July 11, 2019 deposition date, and that it was its intention to appear on after it completed Plaintiff's deposition (which had been previously noti...

Excerpt: ...e 2 of 5 fall approximately fifteen feet, and sustained severe injuries including multiple fractured ribs that required surgery. Plaintiff filed his Complaint on 3/26/19 alleging two causes of action: 1) premises liability; and, 2) general negligence. Summary of Motion: Wessler brings this demurrer to Plaintiff's Complaint for failure to state facts sufficient to constitute a cause of action and for uncertainty. (CCP §430.10(e), (f).) Wessler as...

Excerpt: ... Care”), as a result of Alzheimer's dementia. Plaintiff alleges that Ember Care did not provide sufficient food and fluids and failed to monitor Plaintiff to prevent wandering. On August 10, 2005, Plaintiff was brutally attacked by a male resident. On August 22, 2005, after being hospitalized for injuries related to the attack, Plaintiff was admitted to Defendant Cloverleaf Healthcare Center (“Cloverleaf”), which was operated by Defendant G...

Excerpt: ...ly, Plaintiff alleged that Defendant agreed in an oral contract for some share of profits derived from the Subject Property or to possibly be given an offer to buy the Subject Property at some future date. It does not allege that Plaintiff has any ownership in the Subject Property. On July 19, 2019, due to Plaintiff's status in Pro Per, he filed a request for judicial approval for recording of a lis pendens. The Court denied the request on July 2...

Excerpt: ... as a common carrier (which is not borne out by the allegations of the FAC), Civ. Code §§ 2100, 2101, 2103 and 2168 would not provide her with an additional cause of action. Further, even assuming § 2103 created an independent cause of action, the allegations of the FAC do not support a claim for liability. FACTUAL / PROCEDURAL CONTEXT Plaintiff filed the complaint in this action on August 1, 2016, in the Superior Court for the County Los Ange...

Excerpt: ...ed financial hardship 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 10/18/17. After the court granted Defendant's JOP, Plaintiff filed t...

Excerpt: ...alleged that they suffered any damages other than the impairment of the security interest. The fact that the demurrer was unopposed leads the Court to conclude that no such facts exist otherwise, and as such, sustains the demurrer without leave to amend. SUMMARY OF MATTER Plaintiffs alleges that defendant Wayne Lee Vaughn, Jr. (“Vaughn”) held himself out as Vaughn Construction Co., the managing member of defendant Desert Ice Holdings, LLC, ow...

Excerpt: ...or pretrial work for attorneys Altman, Hassen, and Kiesel, the Court rules as follows: Pretrial Fees: $166,272 Trial Fees: $465,363 Post‐trial fees: $37,587.50 Total lodestar: $669,222.50. Applying a 1.25 multiplier would then result in a fee award of $836,528.12. Costs, which were not challenged, shall be $94,264.99. FACTUAL / PROCEDURAL CONTEXT This is a Song‐Beverly action that went to trial and resulted in a verdict in favor of plaintiffs...

Excerpt: ...the California Department of Corrections and Rehabilitation (“CDCR”) at one of its California Rehabilitation Centers (“CRC”). He contends that in 2005 a lawsuit was filed against the CDCR regarding its failure to provide inmates with adequate dental care. A settlement was reached in 2006. Under the terms of this settlement agreement, comprehensive protocols where put in place specifying the timeline for providing specific care. It appears...

Excerpt: ...f cannot establish that she was able to perform the essential functions of her job. The burden shifted to Plaintiff, but Plaintiff failed to produce any evidence showing a triable issue of fact. 2 nd cause of action: Defendant met its initial burden showing it terminated Plaintiff based on the reasonable belief that the Plaintiff was permanently disabled from performing the job. The burden shifted to Plaintiff, but Plaintiff failed to produce any...

Excerpt: ...(“AQuality”) collided with a vehicle in which Plaintiff Leann Bibbie (“Plaintiff”) was a passenger. Plaintiff sustained severe injuries and property damage. Plaintiff filed her Complaint on June 24, 2017. She asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. A jury trial was held April 4, 2019. Prior to the trial, Plaintiff sent Postulka an offer to compromise for $249,999.00 pursuant to Cal. Code Civ. Pro. ...

Excerpt: ...er). Further, the proof of service filed January 2, 2018 is sufficient evidence that reasonable attempts at personal service were made before substitute service was effected. See Evid. Code § 647. See also American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 389; Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750. Whether or not the person with whom the summons and complaint were left was authorized to accept service is irrelevant. ...

Excerpt: ...3 rd cause of action: Defendant met her initial burden that Plaintiff lacks sufficient evidence that his dog is a service dog within the meaning of the Unruh Civil Rights Act or the ADA so to support a violation of Civil Code § 54.2. The burden shifted to Plaintiff, but Plaintiff failed to produce any evidence showing a triable issue of fact. The Court SUSTAINS Plaintiff's evidentiary objections to the Horowitz Declaration. The Court OVERRULES P...

Excerpt: ...he “Property”) in order to make certain improvements to the landfill facility. The Complaint was served upon persons with a recorded interest in the Property, including The Preserve, LLC (“The Preserve”), John J. Menchaca (“Menchaca”) and Richard K. Diamond, the receiver (the “Receiver”) for National Financial Lending, LLC (“NFL”). The Preserve is alleged to be the owner of the Property, and Menchaca is alleged to be the Chapt...

Excerpt: ...tober 15, 2018 seeking compensation from this incident. She already entered into an agreement with defendant to resolve all of these claims; she cannot later go back on that agreement with a subsequent lawsuit. ...

Excerpt: ...er bankruptcy was amended in December 2018 to include Plaintiff as a creditor and Plaintiff was provided with notice of a bankruptcy stay of all proceedings against Defendant. Defendant filed a bankruptcy petition in October 2018 and on December 10, 2018, Defendant amended her bankruptcy petition to include Plaintiff's claims against Defendant. This motion was filed on January 2, 2019. 11 U.S.C. § 362 imposes an automatic stay upon the filing of...

Excerpt: ....4th 918, 930 [post‐judgment motion for reconsideration treated as motion for relief under Code of Civil Procedure section 473(b) because the nature of a motion is determined by the nature of the relief sought, and not the label].) The motion is denied because plaintiffs have failed to demonstrate they have a reasonable probability of prevailing and that the balance of harms weigh in his favor. (Shoemaker v. County of Los Angeles (1995) 37 Cal....

Excerpt: ... lengthy litigation. Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 278. Anti‐SLAPP motions have two prongs. First, the moving party must show that the anti‐SLAPP statute applies. Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056. If it makes this showing, the responding party bears the burden of proving the likelihood of success on the merits. Id. Where the SLAPP statute does not apply, the court does not consider the merits of th...

Excerpt: ...rmance or excuse for nonperformance; (3) breach; and (4) damages. (Wall Street Network, Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.) Plaintiff cites to Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 752‐753, where the court acknowledged that there was a disparity in whether bylaws are a contract. The court in Smith concluded that where the bylaws explicitly stated it was a contract between the hospital and medi...

Excerpt: ...ecause there are no common issues of law or fact that would require consolidation of the present action and the unlawful detainer action. Plaintiff's claims in this action are generic claims that the foreclosing entity had no authority to foreclose because there was no valid assignment and therefore no valid substitution of trustee with the authority to foreclose. Plaintiff's claims also rely on the claim that robo‐signers executed various docu...

Excerpt: ... severe dental issues, Plaintiff being struck by a car, Plaintiff's mother's lack of housing and Plaintiff's mother's drug use. The Court finds that the jury should be able to determine whether these facts create an exigency and is not the proper subject for a motion for summary adjudication. Further, Defendant's evidentiary objection nos. 1 and 2 are SUSTAINED. Defendant's request for judicial notice is GRANTED. ...

Excerpt: ...7, 2016, and the operative fourth amended complaint (4AC) on May 7, 2018, against defendants Sharon Smith (“Smith”), individually and as trustee of the Cari Danielle Smith Trust (“Trust”) and Rita Dogger (“Dogger”). The action generally arises out of the alleged breach of an agreement to operate Plaintiffs' therapeutic horse riding program. The 4AC alleges seven causes of action: (1) conversion; (2) breach of contract; (3) breach of i...

Excerpt: ...ned a loan from Security Pacific Home Loans, Inc. (“Security Pacific”) for $648,050, which was secured by Deed of Trust (“DOT”) against the subject property. On June 18, 2007, Eder obtained a loan for $3,120,000 secured by a Deed of Trust from Wall Street Mortgage Bankers (“Wall Street”), which later assigned its rights in the Wall Street DOT to IndyMac Bank, F.S.B. (“IndyMac”). On November 30, 2007, the Stewart Title Guaranty (�...

Excerpt: ...5.32.) In other words, Plaintiff must be able to show that he is more likely than not to show that he will obtain a judgment against the defendant on the real property claims. Stated simply, Plaintiff filed this lawsuit alleging multiple causes of action concerning what he believes to be improprieties during the trustee sale process. There is no dispute, however, that the Trust purchased the home during the trustee sale on February 16, 2016 and t...

Excerpt: ...g from defendants Wafick Fouad Zaky and Amaly Zaky (collectively “Sellers”). Prior to the close of escrow, Plaintiff's assignor assigned his interest under the contract to Plaintiff. Sellers real estate brokers were defendants Bluestone Land & Investment, Inc. dba Yucaipa Valley Real Estate and Benjamin C. Hartnell (collectively “Brokers”). Plaintiff contends that prior to the completion of the sale of the properties, Sellers and Brokers ...

Excerpt: ...d his alleged injuries other than to utter the words, “car accident” to his guardian. (Defendant has objected to this statement as hearsay.) The complaint sets forth three causes of action: (1) negligence; (2) premises liability; and (3) motor vehicle negligence. Code of Civil Procedure § 437c(c) provides that a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fac...

Excerpt: ...alleged that Judge Asberry's ruling from the hearing ordered Complete Coach Works to file responses to Form Interrogatories, further responses for request for production of documents and further responses to requests for admission 30 days from the day of the hearing. (Judge Asberry's original tentative was 20 days from the day of the hearing.) Complete Coach served responses, attached as Exhibit “C” to its opposition on October 19, 2018. Adva...

Excerpt: ...Cross‐Complainant Douglas Williamson (“Williamson”) allegedly failed to pay all assessments to Cross‐Defendant 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 the foreclosure sale, Cross‐Defendant SBS Trust Deed Network dba SBS Lien Services (“SBS”), issued a Trustee's Deed Upon Sale (“TDUS�...

Excerpt: ...uments “is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding have agreed in writing, the demanding party waives any right to compel a further response to the demand.” This applies when the propounding party has waived the right to compel further responses to a request for production of documents, but propo...

Excerpt: ...ent Consulting (“FMC”), he submitted a bid on a Caltrans Request for Proposal (RFP # 82A0033) for financial consulting services (and appears to have been the low bidder). FMC was not awarded the public contract, and exhibits to the FAC indicate that Plaintiff made several challenges to Caltrans's decision. Plaintiff generally alleges that Caltrans failed to follow RFP Guidelines and violated Pub. Contract Code, §§ 10344 and 10345. The FAC a...

Excerpt: ...n the home, including an unpermitted room in the house and mold infestation, which Buyer discovered shortly after moving into the home. Buyer filed a claim with IVAMS, and arbitration proceeded before the Honorable L.A. Simmons, Judge (Ret.) (the “Arbitrator”) over the course of 9 days in November and December 2017. The Arbitrator found in favor of Buyer and against Seller in the amount of $299,056.76 plus costs (“Arbitrator's Award”). Th...

Excerpt: ...f Eva Pocklington (nos. 4, 5, 6, 7, 8, 10, 11, 14); declaration of Lantson Eldred (all). Almost every single paragraph starts with “Based upon my review of the papers prepared as part of this Motion, I am informed and believe and based on such information and belief assert ________” “Declarations based on information and belief are insufficient to satisfy the burden of either the moving or opposing party on a motion for summary judgment or ...

Excerpt: ...claiming personal injuries from a motor vehicle collision allegedly cause by Defendant, Michael Gray. A party seeking disclosure of law enforcement officer information must follow a two‐step process by first filing a motion (i.e. a Pitchess motion) that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and well as time and place of the hearing (Evid. Code, § 1043(b)...

Excerpt: ...tter how unlikely or improbable, a plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. (Kerivan v. Title Insurance Co. (1983) 147 Cal. App. 2d 225, 229.) In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. B...

Excerpt: ... Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted).) The filing of a proof of service creates a rebuttable presumption that service was proper only if the proof of service complies with the applicable statutory requirements. (Floveyor International, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795.) A proof of service of summons must be filed pursuant to CCP §417.10 (in state defendants) or CCP §417.20 (out of ...