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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: .... 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: ...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: ... 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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...(“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: ...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: ...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...