Excerpt: ...laint, '1 6; Declaration of Vanessa Dao ("Dao Decl."), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11-15.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(8); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of ...

Excerpt: ...nal Negligence against multiple healthcare provider defendants, including moving Defendant Parkview Community Hospital ("Defendant Hospital"), regarding treatment rendered to patient Reyna Contreras in the time frame of May 2021. (Separate Statement Fact ("SS") #1) Plaintiff, who is an adult daughter and successor of the patent, contends that negligent treatment relating to a 5/12/21 hysterectomy Page 6 of 15 performed by 0b/Gyn defendant, Hesham...

Excerpt: ...thout leave to amend. The Motion to Strike is therefore moot. Factual / Procedural Context: This case arises out of Manuela Martins-Green's ("Plaintiff") employment as an assistant professor by the Regents of the University of California ("Regents") at university of California, Riverside. In the fall of 2016, Plaintiff learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being impro...

Excerpt: ...Beaumont, Inc. ("Humble Fitness") and Defendants Bedazzling Beaumont, LLC and Reid Bradley. ("Bedazzling"). Plaintiff claimed that Defendants intentionally failed to disclose that Mr. Bradley was aware of a Planet Fitness gym moving in as a tenant directly across the street from the Anytime Fitness location prior to the sale. The Plaintiff claimed the Defendant's fraudulent acts were a substantial factor in causing his business to fail. Trial in ...

Excerpt: ...apers. Specifically, if the Court were to allow a further amendment, the Court would also sustain the demurrer with respect to the Sham Pleading Doctrine and Statute of Frauds grounds, with 30 days leave to amend. All other grounds are overruled. Factual / Procedural Context In December 17, 2004, Plaintiff Hilda Ramirez ("Plaintiff") and Defendant Edgwin Rogel ("Defendant"), were married and took title to 11107 Violet Court in Riverside ("propert...

Excerpt: ...s Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF- 55, which was attached to a 2011 Freightliner vehicle owned b...

Excerpt: ...ins, without leave to amend, the City's demurrer as to the Fifth Cause of action, Violations of Civil Rights against the City. Defendant City is ordered to file its answer within 20 days. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his w...

Excerpt: ...Ford Motor Company ("FMC") and Lake Elsinore Ford ("Lake Elsinore") (collectively, "Defendants") alleging (1) Violation of Civ. Code S 1793.2(d) (against FMC); (2) Violation of Civ. Code S 1793.2(b) (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement — Concealment (against FMC); and (6) Negligent Repair (against Lake Elsinore). On ...

Excerpt: ...h good cause for immediate relief under CRC 3.1202, subd. (c). Second, the Court finds that this ex parte request is essentially a motion to reconsider, and the timeline for filing a reconsideration motion has already passed. (See CCP, S 1008.) Page 7 of 8 Factual / Procedural Context: Plaintiffs Rick Romandetta and Rhonda Romandetta-Chavez allege they are the son and daughter of decedent Louise Romandetta. Decedent was recovering from strokes, h...

Excerpt: ...in the Opposition that this claim is withdrawn. The Court shall grant the motion to strike treble damages, with 20 days leave to amend. Factual / Procedural Context: Plaintiff Lydia Manaloto filed this action against several defendants, including Corona Health Care Center, Corona Residential Care Center, LLC, and Ahron Stricks ("Defendants"). The Complaint was filed on June 30, 2023 and alleges causes of action for (1) Elder Abuse and Neglect (We...

Excerpt: ...t yet "at-issue" for two reasons: Plaintiff has not served the County of Riverside, and the State has not answered Defendant Schindler's crosscomplaint for declaratory relief and comparative indemnity. With respect to the cross-complaint, the Court assumes that the State wanted to resolve the underlying issues of the complaint before addressing Defendant Schindler's cross-complaint. If so, the State shall also file its answer to the cross-complai...

Excerpt: ...n, LLC and Moises Grandos Sanchez ("Defendants") vehicle causing her damages. On July 31, 2023, Plaintiff filed her complaint alleging four (4) causes of acton: 1) motor vehicle negligence; 2) negligence per se in violation of Vehicle Code SS 22107 and 22350; 3) negligent hire, supervision, training and retention; and 4) negligent entrustment in violation of Vehicle Code S 17150. On November 28, 2023, Defendants filed their answer asserting 6 aff...

Excerpt: ...81 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular traffic. Defendants Magnolia Partnership and Realm Real Estate, LLC are currently developing 450 residential units that would elimi...

Excerpt: ...r Complaint on September 19, 2022. Defendants demurred to the Complaint on May 31, 2023, to which the court the court, on July 12, 2023, sustained with leave to amend. Thereafter, on September 1, 2023 Plaintiff filed a First Amended Complaint. Plaintiff's FAC alleges 4 causes of action for 1) Breach of Contract, 2) Fraud, 3) Conversion, and 4) UCL violations. Before either Defendant filed a response to the FAC, Plaintiff filed this motion seeking...

Excerpt: ...t and 2nd causes of action, as alleged against Dr. Darnell, with 30 days leave to amend. 2. The motion to strike is moot as to punitive damages and attorneys' fees associated with the 1st and 2nd cause of action, as against Dr. Darnell. However, since 30 days leave to amend is granted for the demurrer, counsel can reallege punitive damages if there are facts supporting the 1st and 2nd cause of action. However, the motion is granted as to punitive...

Excerpt: ...rm (collectively "Dorrvs") as a full-time non-exempt hostess and waitress. In November 2021, Plaintiff informed Solis of her pregnancy, whose response was to the effect of "how stupid could you be? You're only 21, you're going to ruin your life!" Beginning in January and continuing into February 2021, Solis commented on Plaintiff's "size," telling her that she was "waddling" and needed to move faster. Plaintiff also did side-work babysit-tng Soli...

Excerpt: ...ots once after the subdivision of the property. Plaintiff alleges that in approximately eighteen years following the agreement, Defendants have taken little to no action to comply with the terms of the agreement and develop the property. The complaint was filed on 9/21/22 and alleges causes of action for 1) Breach of Contract; 2) Breach of Duty of Good Faith and Fair Dealing; 3) Elder Abuse; 4) Declaratory Relief By this Motion, Defendants seek t...

Excerpt: ...ry judgment. Factual / Procedural Context: This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor-trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 ("SR-86") and Avenue 50 in Coachella, California, and broadsided a Nissan Sentra that entered the intersection on a green light from eastbound Avenue 50, killing both occupants. Plaintiff Jose...

Excerpt: ... the Subject Property since 2013 free and clear of all liens. In 2016, non-party ODES Industries ("ODES") — now defunct - obtained a small business loan from defendant Citizens Business Bank ("Citizens Bank") in the amount of $2,100,000. Defendant Michael Smith, the President of ODES ("Smith") and his wife Allison Campbell-Smith ("Campbellsmith") personally guaranteed the loan. Plaintiffs allege that, when the loan was modified in 2018, the Smi...

Excerpt: ... is sustained as to Objections Nos. 1, 3, 4, 5; and overruled as to No. 2. Defendants' request for judicial notice in support of opposition is denied as to Nos. 1-2 and granted as to Nos. 3-19. Factual / Procedural Context: Plaintiff is an owner of a property in a subdivision who challenges the adjacent property owners' claim of an access easement through a portion of Plaintiff's lot in order to access the adjacent property which does not have it...

Excerpt: ...of action for concealment, with 30 days leave to amend. The Court overrules the remaining portions of the demurer. On the motion to strike, the Court grants the moton to strike the provision requesting attorney fees, with 30 days leave to amend. The Court denies the motion to strike punitive damages. Factual / Procedural Context Plaintiff Operation Safehouse, Inc. ("OSH") has sued its former auditors, Lund & Guttry, LLP, Shannon Maidment, and Gar...

Excerpt: ...ntext On September 6, 2023, Plaintiff, Edmundo Rodriguez ("Plaintiff") filed a Complaint against Defendant, Super Center Concepts, Inc. dba Superior Grocers ("Defendant") for general negligence and premises liability. Plaintiff alleges that on September 10, 2022, he slipped and fell on dirty water left on the floor of the restroom in Defendant's store, located at 1130 West 6th Street, Corona, California. (Complaint, p. 4, GN-I.) Defendant knew th...

Excerpt: ...d by various staff members/officers at various times between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, Riverside Juvenile Hall ("RJH"). (Second Amended Complaint ("SAC"), 2-4, 65-80.) Plaintiff DW alleges he was sexually assaulted by a female staff member/offcer while he was detained at RJH between 2005 and 2006. (SAC, 65- 69.) Plaintiff KJ alleges he was sexually assaulted, moleste...

Excerpt: ...mplaint against Defendants, Ford Motor Company ("Ford") and Hemborg Ford (together "Defendants") asserting the following causes of acton: (1) violation of Civ. Code S 1793(d) [against Ford only]; (2) violation of Civ. Code S 1793(b) [against Ford only]; (3) violation of Civ. Code S 1793(a)(3) [against Ford only); (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement — concealment [against Ford only...

Excerpt: ...ifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufactured by MORryde, International, Inc. ("MORryde"), another defendant in this case. Defendant Jayco moves to strike Plaintiffs' supplemental witness designation. The general allegations are as follows: On February 15, 2021, Plaintiffs were camping in their Eagle HT RV, and, at around 2:00 a.m., P...

Excerpt: ...edule. Factual / Procedural Context: Petitioner Sierra Club brings this CEQA challenge to Respondent City of Moreno Valley's (City) approval of the project known as the Moreno Valley Business Park, which mostly consists of a single industrial building 220,390 square feet. Petitioner contends the City improperly adopted a Mitigated Negative Declaration, when there would be impacts to aesthetics, air quality, energy, land use/planning, noise and tr...

Excerpt: ...M.D. on May 12, 2021 at Parkview Community Hospital, and was discharged to home on May 14, 2021. She returned to Parkview Community Hospital on May 15, 2021 with abdominal pain and was diagnosed with a perforated small bowel. Ms. Contreras was taken back to surgery on the morning of May 16, 2021 and Dr. Hirst was the anesthesiologist for that procedure. He was not involved in the first surgery of May 12, 2021. The condition of Ms. Contreras deter...

Excerpt: ...PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF ANTHONY L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY ANTHONY L PEREZ CVR12204802 PEREZ VS PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF SANDRA L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY SANDRA L PEREZ Tentative Ruling: The court denies Pl...

Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger LISA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF-55, which wa...

Excerpt: ...compel further responses to SROG Nos. 1, 2, 3, 10, 16, 35, and 36. The Court denies Plaintiff's request for sanctions. Factual / Procedural Context On September 13, 2019, Plaintiff Jacob Keithley ("Plaintiff") purchased a new 2019 Ford Transit Van from Sunrise Ford Fontana, a dealership. (Compl. 11.) The subject vehicle was manufactured and warranted by Defendant Ford Motor Company ("Defendant" or "Ford"). (ld. at 25, 29.) Plaintiff alleges that ...

Excerpt: ...ized by homeless people during the term of Petitioner's lease. (ld„ '1 11.) In July 2021, Petitioner submitted a conditional use permit to the County of Riverside (the "County") to remodel the building and use the building and property for a cannabis business. (ld., 8, 24.) Petitioner alleges that the County unfairly denied his application, after granting preferential approval of a neighboring property owner's application to operate a cannabis ...

Excerpt: ...d hour violations as well as an unfair business practices claims. By this Motion, Defendant seeks to compel arbitration of Plaintiff's individual claims to arbitration and dismiss the class claims. Plaintiff opposes. Analysis: l. Standard upon the petition/motion of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration ...

Excerpt: ...ng paragraphs. Factual / Procedural Context: Plaintiffs Stasha Sill ("Stasha") and Alicia Sill ("Alicia") (together "Plaintiffs") filed their original complaint in this action against Defendant Lending Bee, Inc. ("Lending Bee") on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC). On July 7, 2023, Lending Bee demurred to the FAC. On August 29, 2023, the court sustained part of the demurrer, and granted Plaint...

Excerpt: ...eadings should be settled by that date. All parties shall file updated CMC statements prior to that date. Factual / Procedural Context: On March 22, 2023, Plaintiff, Levira Pickett ("Plaintiff") filed the Complaint in this action against Defendant, Mission Ambulance, Inc. ("Defendant") asserting causes of action for medical negligence and elder abuse. Plaintiff alleges that at the time of the incident, she was 93 years old and had a fractured rig...

Excerpt: ...roaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear-ended a vehicle in front of them, Defendants Jose Luis Cuellar Beltran ("Beltran") and Barillas Trucking, Inc. ("8Tl") rearended Plaintiffs, and another vehicle (the Padilla vehicle) also struck Plaintiffs' vehicle, which came to rest on its right side. Plaintiffs filed their Complaint on 4/24/19 alleging a single cause of achon for motor vehicle and general negligen...

Excerpt: ...9 while incarcerated in Riverside County jails. The Complaint was filed on 1/10/23 via form complaint with the "general negligence" box checked and an attachment labeled general negligence which makes reference to the Bane Act, Civ Code S 52.1(c), Gov. Code S 844.6(d) and failure to protect under the 8th Amendment. Defendant contends that this action is barred by res judicata and/or collateral estoppel. They assert that Plaintiff was a plaintiff ...

Excerpt: ... and 8th (wrongful termination) causes of action without leave to amend. The Court sustains the demurrer to the 9th (failure to pay minimum wages) and 10th (intentional infliction of emotional distress) causes of achon with 30 days leave to amend. The Court grants the motion to strike punitive damages as to CXR without leave to amend. The Court grants the motion to strike as to Stevens, with 30 days leave to amend. Factual / Procedural Context: O...

Excerpt: ...inly has notice of the prior discovery rulings now. The Court orders Plaintiff to provide responses within 20 days of notice of this order. If no responses are provided following notice, the Court shall permit Defendants to file an additional motion for sanctions. Factual / Proc:edural Context: Plaintiff Suresh Kamble as Trustee of the Settler's Living Trust ("Plaintiff") filed the complaint (the "Complaint") in this action on August 16, 2022 aga...

Excerpt: ...heir Complaint against Defendants Ford Motor Company ("FMC") and Palm Springs Motors Inc. ("Palm") (collectively, "Defendants"), alleging (1) Violation of Civ. Code S 1793.2(d) of SongBeverly Act (against FMC), (2) Violation of Civ. Code S 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) of Song-Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Indu...

Excerpt: ...tion regarding the allegedly negligent handling of the funeral services and cremation of her son, Ogburn v. Harrison-Ross Mortuary and Harrison-Ross Funeral Home, Case No. RIC1901398 ("Negligence Acton"). Plaintiff alleged that after her son's body was released to the Evans Brown Mortuary ("Evans Brown") pursuant to an order signed by Plaintiff as the decedent's mother, Patricia Monice Larry ("Larry"), who claimed to be the decedent's wife, order...

Excerpt: ...tiff alleges that on August 21, 2019, he lent $570,0W to Defendant, and the parties entered into a promissory note for that amount. (Complaint at '18.) The note is attached to the Complaint as Exh. A. The maturity date on the note was August 21, 20261 , and no other payments were due prior thereto, except that Defendant was required to use any distribution he received from TV8G Ventures, LLC ("TV8G") to pay down the loan until it was paid off. (C...

Excerpt: ...nc. ("MORryde"). On July 07, 2021, Plaintiffs filed their Complaint, naming Jayco and MORryde as Defendants, alleging the following causes of action: (1) Strict Liability; (2) Negligent Product Liability; (3) Breach of Warranty; and (4) Negligence — Personal Injuries. MORryde now moves for a protective order precluding Plaintiffs from taking the deposition of its secretary and CFO, Rodney Moore, who is described as an "apex" witness, and also s...

Excerpt: ...tle pertaining to real property that plaintiff Amie Lonsdale (formerly Amie Pannazzo) lost at a foreclosure sale during the pendency of her Chapter 7 bankruptcy that was filed in April 2018. Plaintiffs allege that during Ms. Lonsdale's bankruptcy case, the Plaintiffs entered an agreement with defendant Karen Massey whereby Ms. Massey allegedly agreed that she would purchase the property in Riverside ("Via Vallarta" or the "Property") from the for...

Excerpt: ... Corona, California (the "Property") from Defendant pursuant to a lease dated October 3, 2022. He further alleges that the Property was unfit for human occupation due to numerous problems; that he repeatedly notified Defendant of these problems from October 2022 to May 2023, and Defendant refused to make repairs; and that the issues with the Property affected Plaintiff's health and safety. *** In this Motion, Defendant seeks sanctions against Pla...

Excerpt: ... matter concerns two separate petitions for writs of mandate. The first Petition was filed by Petitioner, Supporters Alliance for Environmental Responsibility (SAFER) against Respondents, City of Riverside, City of Riverside City Council, and Riverside Planning Commission (City) along with Real Parties in Interest, Greens Ehrenberg, LLC; Greens (Ehrenberg), LLC; Greens Group, Inc.; Greens Development, Inc.; Greens Inv 10, LLC; and Overland Develo...

Excerpt: ...ment on the grounds that any such easement was extinguished either by way of a merger of the dominant and servient property at one point in the chain of ownerships or by way of adverse possession by the prior owner of the servient tenement. On June 02, 2023, Plaintiff filed her Complaint, alleging 6 causes of action for: (1) extinguishment of easement; (2) quiet title; (3) slander of title; (4) trespass; (5) private nuisance; and (6) declaratory ...

Excerpt: ...loan. Lending Bee and Isperov (Fiduciary Defendants) represented they would be agents to obtain the mortgage loan with a third-party lender. Plaintiffs alleges Defendants engaged in predatory lending, fraud and extortion to obtain their property through wrongful foreclosure. Plaintiffs allege that the Fiduciary Defendants serviced the loan taking $14,000 in payments, which they did not credit to Plaintiffs' account. On 8/16/22, Isperov and certai...

Excerpt: ...f was experiencing credit issues, title to the property is in Lee's name, although Plaintiff and Lee each paid one-half of the down payment. Lee obtained a loan from Pinnacle Capital Mortgage ("Pinnacle"), which recorded a Deed of Trust (DOT) against the property. On December 5, 2012, Lee refinanced the loan and Pinnacle recorded a new for $135,cm. Plaintiff resided at the Subject Property from 2009 to present. Plaintiff and Lee each paid half th...

Excerpt: ...aid in 60 days. Factual / Procedural Context: Plaintiff Mary Janeth Vasquez alleges that Defendants Advance Oil, Inc. and Ky Chau employed her as a store manager. Defendant Chau would sexually harass a co-worker, nonparty Tammy Nguyen, resulting in her quitting her employment. Plaintiff complained about Chau's harassment, and would make inappropriate sexual comments to Plaintiff. Plaintiff also complained about the lack of meal and rest breaks fo...

Excerpt: ...ctured by Defendant, General Motors, LLC (GM), and was accompanied by express warranties. Plaintiff alleges that the vehicle was delivered to her with serious defects and nonconformities to warranties and/or developed same including engine, electrical, emission, and transmission system defects. Plaintiff alleges that GM knew the transmission defects, that she delivered the vehicle to GM authorized repair facilities, but GM was unable to conform P...

Excerpt: ...s that on June 20, 2020, she tripped over a curb and fell in the parking lot of the Stater Bros. located at 1537 S. San Jacinto Ave„ San Jacinto, California (the "Property"). Plaintiff asserts causes of action for negligence and premises liability. Defendant Stater Bros. moves the court to reclassify this case as a Limited Civ-l case pursuant to CCP 5403.040(b) and Walker v. Superior Court (1991) 53 Cal.3d 257, on the ground that Plaintiff seek...

Excerpt: ...eal property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411-10481 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a ...

Excerpt: ...iled the Complaint against Alpha Beta Company dba Ralphs ("Ralphs"), alleging: 1) premises liability; 2) failure to warn and 3) loss of consortium. Shortly thereafter, Plaintiffs filed a Doe Amendment, identifying Defendant Vortex Industries, Inc. ("Vortex") as Dæ 1. Vortex is alleged to have serviced the doors at the location, both before and after the incident. Vortex and Ralphs filed cross-complaints against each other for indemnity and contr...

Excerpt: ...times, she was over 55 years old and a custodial care resident and patient at the skilled nursing facility owned and operated by defendant P.T.C.H., Inc. dba Palm Terrace Care Center ("Palm Terrace"). Plaintiff was admitted to Palm Terrace for rehabilitation of a broken hip and required assistance with all activities of daily living and other medical oversight. Plaintiff alleges Palm Terrace failed to provide proper nutrition and failed to turn/r...

Excerpt: ...in Adam Shaw was placed to work at Defendant Lowe's Home Centers, LLC by Defendant Partners Personnel Management Services, LLC. A manager, Esther, would refer to him as "black boy" when speaking to him on a consistent basis. When Plaintiff complained, he was terminated. On 10/7/22, Plaintiff failed a complaint for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) whistlebl...

Excerpt: ...the work from October through December 2022 and issued invoices in the total amount of $133,655.54 which Defendants failed to pay. Plaintiff filed the Complaint on 2/27/23, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value /work, labor and services; and 6) foreclosure of mechanic's lien. Plaintiff filed the instant application for right to attach order...

Excerpt: ...ll continue the CMC to 1/25/24 at 8:30am. All parties are ordered to file updated CMC statements prior to that date. Factual / Proc:edural Context: On October 26, 2020, Plaintiff VIP Style LLC entered into a written agreement with Defendant Abdallah Abu-Samrah under which Plaintiff agreed to provide construction related labor and materials for the home improvement project located at 7088 Gaskin Place, Riverside. A copy of the agreement is attache...

Excerpt: ...) allege that they, along with defendant Loring Winn Williams ("Winn") are owners of real property located at 5141 Arlington Avenue in Riverside. Plaintiffs allege the parties are siblings and each own 1/3 interest in the property as tenants in common, and that the value of the property is approximately $530,CM. Plaintiffs allege the property is currently being used as rental-income property but that they can no longer agree on how the property s...

Excerpt: ...nd Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of action for professional negligence. The Court sustained a dem...

Excerpt: ...iring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. Factual / Procedural Context: This is an action against a public entity, the State of California (by and through the California Highway Patrol ["CHP"I), and its employee, Officer Kraig Nagle, for negligence. The individual claims of the surviving spouse and children of the decedent, Gilberto Avila Adame, are being asserted in the form of a wrongful death actio...

Excerpt: ...n Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson, in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm (the "firm") to pursue damages resul...

Excerpt: ...manufactured by Defendant Ford Motor Company (FMC). (Complaint '1 9.) Plaintiff alleges that the subject vehicle was delivered with serious engine and transmission defects that Defendant was aware of and failed to disclose. (Complaint "14, 25- 36.) Plaintiffs provided his vehicle to Defendant FMC's representatives and Gosch Ford Temecula but they were unable to repair the vehicle. (Complaint 85- 89.) Plaintiff filed the Complaint asserting causes...

Excerpt: ...very vehicle, collided into multiple individuals stopped at a scene of another prior collision, including the responding Community Service Officer and a volunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. Relative to this Motion, Plaintiff Lara suffered orthopedic injuries, including, but not limited to, a left #lvic fracture, broken right pelvis, broken left cl...

Excerpt: ...filed 9/8/22, asserts: (1) SongBeverly (express warranty); (2) Song-Beverly (implied warranty); and (3) Civil Code 51793.2. Trial is set for 3/15/24. Plaintiff moves to compel further responses to RFPs, contending Defendant served improper objections and its requests are relevant. Plaintiff requests sanctions of $4,020 against Defendant and its counsel. Defendant opposes. Analysis: A party may file a motion compelling further answers to requests ...

Excerpt: ...CHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS SPECIAL INTERROGATORIES, SET ONE BY SUPER CENTER CONCEPTS, INC. CVR12200744 SANCHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS FORM I...

Excerpt: ...et Silverado (the "Vehicle"), which was manufactured/distributed by GM. Plaintiff alleges that the Vehicle was delivered with significant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth causes of action for breach of express and implied warranties under the Song-Beverly Act, as well as a cause of achon for fraudulent concealment. * * * On June 26, 202...

Excerpt: ...CENTER, INC. MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DNUMENTS AND THINGS TO DEFENDANT SAEED MIRGHAFOURI (SET ONE) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT SAEED MIRGHAFOURI (SET ONE AND SET TWO) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT AUTOMOTIVE CREDIT CORPORATION (SET ONE) CVR12103284 VAZ...

Excerpt: ...F MADISON BALESTRACCI BY Joseph E. Glaser, M.D. Tentative Ruling: The Court grants all three unopposed motions for summary judgment. Defendants are ordered to submit proposed orders/judgments within 10 court days. FACTUAL/PROCEDURAL CONTEXT Plaintiff Madison Balestracci ("Plaintiff' of "Madison"), by and through her Guardian ad Litem, Kate Balestracci ("Katie"), filed the complaint (the "Complaint") in this medical malpractice action on December ...

Excerpt: ... for relief sought 1) permanent injunction against Defendant prohibiting them from making any claims of increased performance through use of its replacement filters; 2) permanent injunction against Defendant prohibit claims that its replacement filters perform better than any original equipment filter or replacement filter sold by a vehicle manufacturer; 3) other injunctive relief deemed necessary and appropriate; 4) restituton for lost sales of ...

Excerpt: ... Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to reconstruction of the event and biomechanical issues. • As to witness Guentzler, the Court finds that Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to anticipated use testing, standard engineering principles. •...

Excerpt: ... attorneys, sent notice and administrative citations alleging violation of the JVMC, including but not limited to section 8.05.030 (Calfornia Building code section 105.1.3), section 9.240.510, section 9.125.050, Section 9.240.480, Section 9.240.250, and Section 5.05.030. At the times of the issuances of these notices and citations, Cross-Defendant City employed an administrative adjudicative system that was contrary to the common law and violated...

Excerpt: ...iff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket (hereinafter collectively "Northgate"). Defendant Magnolia Partnership, LLC ("Magnolia") owns real property located at 10411-10481 Magnolia Avenue, William Lee Dieterle as trustee ofthe Dieterle Family Trust ("Dieterle") owns property located at 10485 Magnolia, and LMP Realty Advisors LLC ("LMP") owns property located at 10403 Magnolia. The predecessors-in-interes...

Excerpt: ...ted at 1415 Via Vallarta, Riverside, CA 92506 (the "Property"). (First Amended Complaint filed on August 23, 2023 ["FAC"] 3, 9.) In 2015, Amie purchased the Property for $555,000 with cash and a private loan of $450,000 secured by a deed of trust ("2015 Deed of Trust"). (ld. at '111.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, allege...

Excerpt: ...Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4, but was not filed or served. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF-55, which was attached to a 2011 Freightliner vehicle owned by the County of Riverside. Charles alleges he was in the process of performing a pre-...

Excerpt: ...ve damages. The Court orders Defendant to file its answer within 20 days. Factual / Procedural Context: Plaintiff German Mendoza Gracia alleges that on May 24, 2021, he purchased a 2019 GMC Sierra with a defective transmission. On June 26, 2023, Plaintiff filed his operative First Amended Complaint for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act— Breach of Implied Warranty; (3) Violation of...

Excerpt: ...text: This is a wrongful death/personal injury achon by successors in interest to Decedent Robert Alexander arising out of a motor vehicle versus bicyclist. Plaintiffs Kristi Alexander and Kelsey Gregg's First Amended Complaint alleges two causes of achon for 1) motor vehicle negligence, and 2) dangerous condition of public property. Defendant State of California, on behalf of the Department of Transportation, demurs to the 2nd cause of action in...

Excerpt: ...rside (County), and Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of action for professional negligence. The Cour...

Excerpt: ...f this action is a mobile home presently located at 5925 Mission Drive, Space 21 in Riverside, which has an estimated fair market value of $45,000 or more, and is subject to an HCD lien in an amount that is undetermined. Plaintiff alleges that during her lifetime Adela Hernandez was being cared for by her daughter, Adelita Lucero (Plaintiff), who was the only one of Adela's children that assisted her with daily living activities. It is alleged th...

Excerpt: ...il of Moreno Valley's (City) 1/18/22 decision to approve the Compass Danbe Centerpointe warehouse project (Project), and to adopt an Initial Study/Mitigated Negative Declaration (MND) for the Project, which consists of construction of two industrial warehouse buildings, which are across the street from residential homes and a charter school. (Petition '1 2.) Real Party in Interest, CORE Holdings 17, LLC (RPI) is the Project applicant. (ld. '1 14....

Excerpt: ...Conference Hearing. Defendant Custom Commercial Solutions, LLC has not yet been served. Plaintiff's counsel should be prepared to discuss the status of service regarding this defendant. Factual / Procedural Context: This is a breach of contract case in which Plaintiff 5th & Mercedes, LLC alleges four causes of achon against Defendants CCS Group, LLC, CCS Executive Suites, LLC, Custom Commercial Page 6 of 21 Solutions, LLC and Robert Cooke for 1) ...

Excerpt: ...ling southbound on Heacock Street in Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson,l in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm ...

Excerpt: ... to approximately $556,552.96. (Compl. 11, 13, 15.) The balance of $556,552.96 is the excess proceeds from the sale of a real property (the "subject property") that was sold at a public auction to satisfy unpaid taxes. (ld. at '13.) Defendants Richard Fracasse, Interinsurance Exchange of the Automobile Club, Glenoak Hills Community Association Francis Redmond, Asset Recovery, Inc., and Frank Redmond all filed claims with the Riverside County Trea...

Excerpt: ...nership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an ...

Excerpt: ...em the Petition for Relief from the Claims Requirement Filed as of August 7, 2023. The Court denies the Pettion for Relief from the Claims Requirement. Factual / Procedural Context Plaintiff, Julie Schaffer, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plaintiff was walking on the premises when she tripped over what appeared to be an unlit guy-wire/guy-line/guy-rope/stay and/or its...

Excerpt: ...MENT CORP., BLOOMING INVESTMENT GROUP INC., PRIME INVESTMENT INTERNATIONAL INC., UNIVERSITY CAMPUS HOTEL LLC Tentative Ruling: The Court overrules the demurrer. The Court denies the motion to strike. Defendant to file an answer within 20 days. Factual / Procedural Context: This is a derivative achon brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/...

Excerpt: ... the Court shall sustain the demurrer without leave to amend. "Leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law." (Lawrence v. Bank of America (1985) 153 Cal.App.3d 431, 435.) Factual / Procedural Context: This is an action for mandamus relief brought by Health and Wellness Lifestyle Club, LLC ("HWLC") and its former attorney, Nupur Nagar (collec...

Excerpt: ...mitted order. Although not specifically mentioned by the parties, the Court is not withdrawing the order for sanctions. The Court does order the parties to appear for the Case Management Conference Hearing. The Court notes that Defendant has filed a motion for summary judgment, to be heard on 11/17/23, largely on the fact that the RFAs were deemed admitted. Given the Court's tentative is to grant Plaintiff relief, the MS] appears to be moot. The ...

Excerpt: ...wenty years. During this time period, the two had pooled their resources, jointly owning property and having joint bank accounts and credit cards. The two also started a business together - Katz Transport, Inc.. In 2011, the two purchased a home in Fontana together. The agreement was that they would fix the home together and eventually retire there. In 2013, they purchased another business together — US La Michoacana. Plaintiff worked as an emp...

Excerpt: ...ka and their minor child, but was unable to qualify for the purchase. Terrence then spoke to Susana who agreed to be a straw buyer and then transfer the property to him after purchase, upon request. The property is at 36640 Obaria Way in Lake Elsinore ("property"). Terrence alleges that in May 2017, he delivered the funds to purchase the property for $464m with a loan amount of $324,489. Terrence alleges that all of the money came from him, and n...

Excerpt: ...ot the attorney. The Court orders sanctons to be paid in 90 days. Factual / Procedural Context: This is a motor vehicle personal injury action by Plaintiff Nancy Lane against Defendant Kyle Duvall. Plaintiff moves the court to Defendant to attend his deposition and for the production of documents specified in the deposition notice served on him. The motion is made on the grounds that Defendant failed to appear for deposition or to produce the req...

Excerpt: ... judgment, and re-set the matter as a Case Management Hearing, to be heard on 11/27/23 at 8:30am in Dept. 3. All counsel are ordered to file updated CMC statements prior to that date. Factual / Procedural Context: Plaintiff Daniel Joshua Lujan ("Plaintiff") filed the complaint in this quiet title achon on March 9, 2023 against defendant Bree Mendoza ("Defendant"). Defendant failed to answer or otherwise respond to the complaint, and Plaintiff req...

Excerpt: ...e. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his wife, Defendant Maricel Harvery ("Maricel") by Defendant ABC Foster Family Agency ("ABC"). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulte...

Excerpt: ...urt denies Defendant's Motion to Strike. Factual / Procedural Context: On May 31, 2016, Plaintiff Anne Gichanga ("Gichanga") was admitted to The Gardens of Riverside, LLC ("The Gardens") due to advancing dementia and need for assistance with all activities of daily living. (Comp'. '1 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's res-dency at The Gardens, she died after being permitted to wander into the outdoor courtyard ar...

Excerpt: ...ustain Tyler Mall's objections 8 and 9 to the Herter Declaration. The Court declines to rule on the remaining objections. Factual / Procedural Context: This is a personal injury and premises liability action brought by Plaintiff Evelyn Rodriguez against various Defendants, including Defendant Otis Elevator (Otis), Pacific Coast Elevator Corporation dba Amtech Elevator Services (Amtech), North American Elevator Services Company (NAES). Plaintiff a...

Excerpt: ...22 against Edmund Ayoub, Jr., M.D. ("Dr. Ayoub") and Edmund Ayoub, Jr., M.D., Inc. (together, "Defendants"). Plaintiff alleges that although he started treating with Dr. Ayoub for low back pain and related symptoms in or around June 2021, Dr. Ayoub failed to correctly diagnose Plaintiff as suffering from a herniated disc until April 19, 2022, and Plaintiff was unduly delayed in receiving appropriate care and treatment. (Complaint, 16-19.) The Com...

Excerpt: ...to amend following this motion, the Court shall vacate Plaintiff's motion to amend as moot. Factual / Procedural Context: Plaintiffs Gregory O'Connor ("O'Connor") and Tim T. Vasquez ("Vasquez") (together, Plaintiffs") filed the complaint (the "Complaint") in this acton on March 30, 2023 against Page 5 of 12 defendants Eastern Municipal Water District and Eastern Municipal Water District Facilities Corporation (together, "EMWD") and Commodity Truc...

Excerpt: ... vehicle that is still covered by the manufacturer's express warranty a 'new motor vehicle' within the meaning of Civil Code section 1793.22, subdivision which defines 'new motor vehicle' as including a 'motor vehicle sold with a manufacturer's new car warrantV?" (https ://su p reme.courts.ca .gov/sites/default/files/supremecou rt/default/2023-08/ pendi ngissues- civil%20- %20081823 1.pdf) Page 9 of 12 Factual / Procedural Context: Plaintiff Phys...

Excerpt: ...edural Context: Plaintiff Lino Parra ("Plaintiff") filed the complaint in this Lemon Law action on March 3, 2023 against defendants Saul Chevrolet, Inc. dba CardinaleWay Volkswagen ("CardinaleWay") and Volkswagen Group of America, Inc. ("VGA"). The complaint set forth three causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against VGA); (2) Violation of Song-Beverly Act — Breach of Implied Warranty (Against VGA)...

Excerpt: ...laint for: (1) violation of Song Beverly—express warranty; and (2) negligent repair. A. Summary of Arguments Defendant Ford Motor Company demurs to the 1st cause of action on the grounds it fails to plead facts sufficient. It relies on v. FCA US, LLC (2022) 77 Cal.App.5th 209, 225 that Plaintiff failed to plead he purchased a new vehicle, as Rodriguez states that Song Beverly only applies to new vehicles. Plaintiff submitted an opposition, whic...

Excerpt: ... Documents pursuant to a subpoena for personal appearance and production. The Deposition was personally served on May 8, 2023 along with a $275 witness fee served on Elizabeth "Doe" authorized person at 86-625 Airport Page 6 of 12 Blvd., Thermal. The Deposition Subpoena requested that Deputy Ruiz produce at his deposition: 1. An unredacted copy of all Traffic Collision Reports regarding subject, Joseph Matthew Ficher, dob 07/30/1982, and the coll...