Excerpt: ...tion. Plaintiff Jarrett Scott alleges that on November 21, 2005, he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, Califo rnia. (Complaint, ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as I...

Excerpt: ...City) 6/1 5/21 decision to approve the MoVal 2040 Project, which consists of the 2021 General Plan update (GPU) including a Housing Element Update, a Climate Action Plan (CAP), and associated zoning amendments, and to certify an Environmental Impact Report (EIR) for the Project, which provides for large increases in industrial and commercial development within the City. The Project is intended to replace the existing 2006 General Plan (2006 GP) a...

Excerpt: ...Balestrac ci (“Plaintiff” of “Madison”), by and through her Guardian ad Litem, Katie Balestracci (“Katie”), alleges that Defendants Debra Kay Lebo, D.O. (“Dr. Lebo”), Joseph E. Glaser, M.D. (Dr. Glaser”) and Temecula Valley Ob/Gyn Medical Associates (“TV Ob/Gyn”), a s well as Loma Linda University Health and Loma Lind University Medical Center – Murrieta, negligently managed Katie's prenatal care, labor, delivery and post-...

Excerpt: ...(“Alicia”) (toget her “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) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...

Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...

Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...

Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...

Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...

Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...

Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...

Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...

Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...

Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...

Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...

Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...

Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...

Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...

Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti
¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti
¯ alleges that on April 5, 2021, when Plainti
¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...

Excerpt: ... GM Plainti
¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti
¯ accepted GM's CCP § 998 O
¯er of Compromise under which GM agreed to pay Plainti
¯ $177,000 In additio...

Excerpt: ...ched Plainti
¯s to sell the property to Defendant Ankr, LLC such that Plainti
¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti
¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...

Excerpt: ...to meet and confer to select two trial dates that are agreeable to all parties. The dates selected must be on Fridays no more than six months after the TSC. Facts/Procedural Summary: On May 3, 2022, Plainti
¯s leased a 2022 Hyundai Tucson. (Comp. ¶9.) Plainti
¯s allege the vehicle was delivered with serious defects and nonconformities to warranty, speciÞcally with respect to the electrical system, suspension, and transmission system. (Comp. �...

Excerpt: ...er and Medi-Cal – Department of Health Care Services to Comply with a Deposition Subpoena to Produce Business Records. Factual / Procedural Context: This lawsuit is brought by Jacob Szemett, a minor, by and through his Guardian Ad Litem, Natalie Enriquez (“Plainti
¯”). Plainti
¯ asserts he attended a high school in Moreno Valley UniÞed School District (“District”). The school allegedly knew that Plainti
¯ was to ride the bus home on...

Excerpt: ...R $25,000) OF GREGORY O'CONNOR 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR BY EASTERN MUNICIPAL WATER DISTRICT FACILITIES CORPORATION CVRI2301595 O'CONNOR VS EASTERN MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR Tentative Ruling: With respect to E...

Excerpt: ...t denies Plainti
¯'s request for sanctions. Facts/Procedural Summary Plainti
¯ purchased a 2018 Chevrolet Silverado manufactured and warranted by Defendant GM. Plainti
¯ alleges the vehicle is plagued with serious defects and nonconformities to warranty and Defendant has been unable to remedy the problem within the warranty period. Plainti
¯ alleges Defendant failed to promptly repurchase or replace the vehicle in accordance with the SongBeve...

Excerpt: ...on to strike punitive damages. The Court orders Defendants to Þle their answer within 30 days. Factual / Procedural Context On December 10, 2021, Plainti
¯ Ashley Perkins was shot with a gun while at Defendant Valley Wide Towing, LLC (“Valley Wide”) located at 24850 Rivard Road in Moreno Valley. Plainti
¯ alleges Plainti
¯ Randy A. Wilson (“Wilson”) is a manager and owner and/or operator of Valley Wide. Plainti
¯ was shot in the back...