Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation 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, but was not filed or served. Plaintiff alleges that at 1627 South Hargrave Street in Banning on October 24, 2019 he was injured by an Interlift liftgate model numbe...

Excerpt: ...ION TO COMPEL PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT NORCO TRUCK CENTER, INC. (SET ONE) BY GREY-CON CONSTRUCTION, INC. Tentative Ruling: With respect to the substantive portions of the motions to compel the Form Interrogatories and Requests for Admissions, the Court denies the motions to compel as moot. Per the opposition of Defendant Norco Truck Center, Defendant submitted responses to Pl...

Excerpt: ... overruled the demurrer on the basis that Plaintiff did not exhaust administrative remedies under CCP 5403.41(b). The court overruled the demurrer as to the first, second, fifth, and ninth causes of action. The court sustained the demurrer with leave to amend as to the eighth cause of action. Defendants bring the instant motion for reconsideration of the order overruling the demurrer. Defendants contend there may have been a "possible inadvertent...

Excerpt: ...located at 1415 Via Vallarta, Riverside, CA 92505 (the "Property"). (FAC "1 3, 9.) Amie purchased the Property in 2015 for $555,C03 with cash and a private loan of $45WN secured by a deed of trust ("2015 Deed of Trust"). (ld. 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. (ld.) Defendant Karen...

Excerpt: ...filed the complaint (the "Complaint") on February 14, 2022 against defendant General Motors LLC ("GM"). Plaintiff alleges that on March 2, 2019, she purchased a 2017 Chevrolet Camaro (the "Subject Vehicle") and received a written warrantyfrom GM. (Complaint, 11'18-9, 17.) Plaintiff alleges that the Subject Vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects, including transmission and str...

Excerpt: ...intiff Heather Chacon ("Plaintiff") tripped and fell on the premises of the Rustic Lane Elementary School. Plaintiff retained Defendants Gerald Marcus and the Law Offices of Gerald Marcus ("Defendants"). Defendants served complaints under the Government Claims Act on the City of Riverside, Jurupa Valley Unified School District and the County of Riverside, and, after the claims were rejected, filed a civil action against these entities. However, i...

Excerpt: ... BEYER, ET AL Tentative Ruling: As to Defendant Lending Bee, the Court sustains the demurrer with 30 days leave to amend as to the third, sixth, and seventh causes of action; all other aspects of the demurrer are overruled. The Court finds the motion to strike is moot. As to Defendants Beyer, et al, the Court overrules the demurrer. As the Plaintiff is granted leave to amend as to Lending Bee's demurrer, Defendants Beyer et al. shall file their a...

Excerpt: ...As the Court would prefer to decide this issue on the merits, the Court shall order Plaintiff to file the opposition within 3 court days, and the Court shall set Ford's demurrer on September 11, 2023, at 8:30am. The Court sustains the demurrer to Defendant Rancho Ford's demurrer with 20 days leave to amend, after the hearing on Ford's demurrer. Factual / Procedural Context: Plaintiff Jose Frutos alleges that on 4/24/22, he purchased a 2021 Ford M...

Excerpt: ...23.030, 2023.040, and 2031.320 for Plaintiff's failure to produce his vehicle for inspection on February 10, 2023. Plaintiff failed to file an opposition which was due June 28, 2023, and on July 12, 2023, Judge Lydia Villareal (a rebred judge who is not available) heard and granted Defendants an award of sanctions in the amount of $2,361 (as opposed to the requested $4,736). Plaintiff moves the court for reconsideration of that order based on the...

Excerpt: ...g on May 19, 2023: The Court would note, however, that with respect to the attorney fees or costs, the bankruptcy stay would preclude the Court from awarding said fees. In this case, the appeal was filed and pending before the filing of the involuntary Chapter 7 bankruptcy petition, and any action to recover costs which were incurred at the prepetition stage, at this juncture, may constitute a claim against the debtor to collect a debt. "[A] 'cla...

Excerpt: ...Chevrolet Traverse ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant" or "GM") authorized repair facility on numerous for the various defects, including the transmission, sus#nsion, electrical, engine, and emission system defects. (Complaint, 94.) Various defects pe...

Excerpt: ...eterle Trust dated October 23, 2012 and Jacqueline Dieterle Trust dated October 29, 2012 alleges that he owns four parcels of vacant property located at the northwest corner of Clark Street and Martn Street in the City of Perris. (First Amended Complaint ("FAC"), "1 2, 3.) Defendant Delfino aasbdas ("Bastidas") owns the property directly north of Plaintiff's property, defendant Lesli Meza Madrid ("Meza" or "Defendant") owns the property directly ...

Excerpt: ...20 days. The Court is mindful the parties have a case management hearing set today. To allow the parties to get the case at-issue and complete discovery, the Court shall continue the case management hearing to December 7, 2023 at 8:30am. All parties are ordered to file u#ated CMC statements prior to that date. Factual / Procedural Context: On July 12, 2020, Plaintiffs purchased a 2020 Chevrolet Silverado. (Complaint at '1 11.) On February 24, 202...

Excerpt: ...use of action as to Torres. The Court sustains the demurrer to the fifth cause of action regarding Regents. Unless Plaintiff can articulate facts to cwercome a subsequent demurrer, the Court sustains these causes of action without leave to amend. The Court overrules the remainder of the demurrer. The Court denies the motion to strike. Factual / Procedural Context: This is case arises out of Manuela Martins-Green's ("Plaintiff") employment (and in...

Excerpt: ...he motion as to RFP no. 5. The Court denies the entirety of the motion to compel further responses to special interrogatories. The Court denies both parties' requests for sanctions or costs. TSC — Arbitration Venue Furthermore, the Court is mindful that on today's calendar is a trial setting conference, however, the parties indicated that they would submit to binding arbitration with a bar association. The issue is what the proper venue should ...

Excerpt: ...herd, Inc. and Nader Habil, allege that Shepherd was formed to purchase certain business assets from Defendants, Magdy Helmy Baskharoon (Baskharoon) and Select Investments, LLC (Select), who owned and operated Norco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $165,000. As conditions of sale, Defendants made representations and warranti...

Excerpt: ...(2) nuisance per se; and (3) unlawful business practices. Plaintiffs allege that Defendants Juan Carmelo Nunez, Adriana Nunez and Lucy Huidor own commercial real property in Jurupa Valley that is subject to a deed of trust by Peter A. Corti and UJius Corn trustees under the Peter A. and Lois M. Corti Family Trust. City conducted an inspection finding unpermitted electrical conduits, connections modifying the existing electrical panel, and a large...

Excerpt: ...If the meet and confer efforts are not successful, the Court invites the parties to engage in an informal discovery conference prior to filing another motion to compel. Factual / Procedural Context On July 10, 2021, Plaintiff leased a new 2021 Hyundai Kona EV. Plaintiff alleges that during the warranty period the vehicle contained or developed defects. Plaintiff presented the subject vehicle to Defendant's authorized repair facility on numerous o...

Excerpt: ...al / Procedural Context: Plaintiff Rick Romandetta is the son of decedent Louise Romandetta. Decedent was recovering from strokes, hypertension and atrial fibrillation. Doctors prescribed Xarelto on a daily basis to treat her atrial fibrillation and prevent future strokes. Decedent received home health care services by Defendant Equanimity Hospice & Palliative Care ("Equanimity"), where lead care was designated to Defendant David Fukada, M.D. Dec...

Excerpt: ...aj Kumar Pandey formed the corporate entity. Plaintiff purchased a new commercial truck that was financed through Opportunity Fund, who demanded that the truck be put in the name of the party with a valid Commercial Driving License. Only Defendant Pandey had the license and the parties agreed to put the truck in Defendant's name, which was formalized in a Tractor Lease Agreement. Since the truck was in Defendant's name, he leveraged this to incre...

Excerpt: ...ge 7 of 7 causes of action for 1) quiet title, 2) cancellation of written instruments, 3) declaratory relief, 4) negligence, 5) equitable indemnity, and 6) contribution. This case was consolidated with CVR12000792, Citizens Business Bank v. Michael Glenn Smith, Allison Campbell-Smith, and Renfeng Wang, seeking three counts of breach of guaranty claims and a fourth claim for unjust enrichment. Plaintiffs assert that they first requested a jury tri...

Excerpt: ...he application to the extent it seeks a) an inspection in the absence of owners/occupants b) forcible entry and/or c) demolition or destruction of any portion of the property, including but not limited to walls or flooring. The Court orders the City to submit a revised proposed inspection warrant in accordance with this ruling within 5 days. Factual / Procedural Context: This is a nuisance abatement action relating to commercial property located ...

Excerpt: ...ve damages. Plaintiffs' evidentiary objections as to Jayco Sustain: #s 1, 2, 3, 5, 8, 9 Overrule: #s 4, 6, 7 Plaintiffs' evidentiary objections as to MORryde Sustain: # 1, 2, 3, 6 Overrule: # 4, 5 Facts/procedure This is an action for product liability concerning a recreational camper, more specifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufac...

Excerpt: ...rs/offcers at various tmes between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, i.e., Riverside Juvenile Hall and Indio Juvenile Hall. (First Amended Complaint ("FAC"), 2-4, 52-81.) Plaintiffs allege they were under the direct custody, care and control of the County and its agents, Plaintiffs' detention was court ordered and mandatory, and the duration and nature of their commitment we...

Excerpt: ...LC (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 affiliate of AERC, received a short-term loan from the partnership. Additionally, the general partners charged management fees, consulting fees, etc. Plaintiff file...

Excerpt: ...ars to have been necessary to secure responses, even if responses are sent, Plaintiff is awarded $1,050 for three hours at $350 per hour against counsel, not the party, to be paid in 90 days. Factual / Procedural Context: This is a vehicular collision/personal injury case. Plaintiff Kevin Ceballos Herrera ("Plaintiff") alleges that on October 5, 2021, his vehicle was struck by a vehicle that was owned and operated by Defendants Yolani Murillo ("M...

Excerpt: ...ation as to the supplemental responses. If no supplemental responses have been served, then the Court grants the motion as to Requests Nos. 12, 13, 30, 32, 33, 42, 43, 44. The Court denies as to No. 34. The Court denies the request for monetary sanctions. Factual / Procedural Context Plaintiff Sunil Sujan, M.D. ("Sujan") was a physician with admitting privileges at UHSCorona, Inc. dba Corona Regional Medical Center ("CRMC"). Sujan contends that w...

Excerpt: ...n, and the tailgate, "among other defects and non-conformities." (Complaint, 915.) Defendant propounded discovery on December 7, 2022 that included the first set of special interrogatories. Responses were served on February 9, 2023 with the verification served February 14, and the parties then began meeting and conferring. On April 28 this motion was filed, seeking further responses to 18 of the special interrogatories. On July 12, plaintiff serv...

Excerpt: ...posed motions to compel Plaintiff to respond to Requests for Production and Form Interrogatories. The court further imposed monetary sanctions against Plaintiff in the total amount of $970. Notice of entry was filed and served on June 7, 2023. * * * Plaintiff now moves for reconsideration of the award of sanctons and argues that she was not aware that she had to check the tentative ruling and then call to schedule oral argument. Plaintiff further...

Excerpt: ...tative Ruling: The Court overrules the demurrer to the 2nd cause of acton. The Court denies the motion to strike. Factual/procedural Context: This is an action under the Song-Beverly Act in which Plaintiffs Rosalba Suarez Gonzalez and Oscar Sanchez Hernandez allege two causes of actions against American Honda Motor Co., Inc. for 1) breach of express warranty, and 2) fraudulent inducement/concealment. Page 3 of 7 Defendant American Honda Motor Co�...

Excerpt: ... owned by Debtor Mainstream Investments, Inc. ("Debtor" or "Mainstream") under California's Uniform Voidable Transactions Act (UTVA). The sole remedy sought by Plaintiffs in this action is for awidance of the transfer, i.e., return of the property back to the Debtor so that Plaintiffs may collect upon a prior Judgment against the Debtor. (See Verified First Amended Complaint, Prayer for Relief ("FAC").) As alleged in the FAC, from December 8, 201...

Excerpt: ...ed, but Plaintiff did not, and the Court granted GCE's motion for dismissal. Plaintiff's motion was thus continued to today's date. As such, with respect to Plaintiff's motion, the Court is inclined to grant the motion to enforce the settlement, but orders Plaintiff to appear to discuss whether the Court should order a Judgment pursuant to the terms of the agreement, or some further order. With respect to prejudgment interest, the Court has no in...

Excerpt: ...l / Procedural Context: This is an employment dispute. On May 3, 2023, Plaintiff filed a Complaint against Defendants, alleging (1) discrimination in violation of FEHA, (2) hostile work environment harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to provide reasonable accommodation in violation of FEHA, (5) failure to engage in the interactive process in violation of FEHA, (6) failure to prevent discrimination, h...

Excerpt: ...6- 7). Plaintiff then alleges that various defectors or nonconformities manifested within the warranty period and that defendant has failed to replace or make restitution. Defendant now moves to compel arbitration, citing the arbitration clause in the retail installment sales contract plaintiff entered into with the seller, Spreen Honda. Citing to Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 498, defendant contends that the causes of acton ...

Excerpt: ...n on October 13, 2021 against defendant Loma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Dr. Jessie Rollins ("Dr. Rollins"), a primary-care physician. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, '1 14.) X...

Excerpt: ...and 27-28; 2. Page 4, lines 1-4, 5-20, 21-26, and 27; 3. Page 5, lines 1-4, 5- 10, 11-23, 24, and 25; 4. Page 6, lines 1, 2, 11, and 20; 5. Page 7, lines 14- 15, 17, 18, 19, 22, 23-24, and 26- 27; 6. Page 8, lines 1- 2, 11- 20, 21, 23, 26, and 27; 7. Page 9, lines 1, 4-5, and 22; 8. Page 10, lines 2- 3; 9. Page 11, lines 1, and 13- 14; 10. Page 12, lines 6, 7, 10, and 27-28; 11. Page 13, lines 1-8, 10, 11, 12, and 26-28; 12. Page 14, lines 1-7, 9...

Excerpt: ..., 14th, and 17th causes of action for (1) Survival Acton: Negligence; (2) Wrongful Death: Negligence; (3) Survival Action: Negligent Hiring, Training, Supervision, and/or Retention; (4) Wrongful Death: Negligent Hiring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. With respect to Caltrans' demurrer, the demurrer is overruled. Caltrans shall file an answer within 10 days after Plaintifffiles their amended compla...

Excerpt: ... 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 achon for professional negligence. The Court sustained a demurrer to Plaintiff's Complaint on 3/8/23 with leave to amend. Defendants...

Excerpt: ...' subcontract. Although the instant action for declaratory relief seeks judicial determination of issues that concerns the legality of the parties' subcontract, and such "issue is one for judicial determination upon the evidence presented to the trial court" (Loving & Evans v. Blick (1949) 33 Cal.2d 603, 609), Plaintiff AVL has not submitted evidence demonstrating that the illegality of the contract to justify denying the motion. The Court orders...

Excerpt: ...oma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Alvin Leroy Hensel, M.D. ("Dr. Hensel"), a board-certified radiologist. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, 14.) X-rays taken at LLUMC revealed flui...

Excerpt: ...respect to prejudgment interest, the Court has no information as to the amount of prejudgment interest, and thus orders counsel to appear. The Court shall grant attorneys' fees and costs pursuant to the terms of the Settlement Agreement in the amount of $3,065.00, but not pursuant to CCP S 128.5. The Court imposes sanctions only against Kamran Staffing, not defense counsel. With respect to GCE International's joinder, the Court grants the motion ...

Excerpt: ...ecision of an administrative body. The Court orders the parties to appear to discuss how the cross-petition should proceed. Factual / Procedural Context: Real Party in Interest/cross- Petitioner Brenda Chavez ("Chavez") was employed by petitioner/Cross-Respondent Riverside Unified School District ("District") in 2005. At all relevant times, Chavez was permanent certified employee working as an Early Childhood Special Education Preschool Teacher a...

Excerpt: ... ("FCA") provided express and implied warranties. (Compl. 15) Plaintiffs allege that FCA was unable to conform the vehicle to warranty and refused to provide any relief under the Song-Beverly Act as required. (Compl. 19.) On August 16, 2021, Plaintiffs filed a Complaint against Defendants FCA and Moss Bros. CJD, Inc., alleging (1) breach of express warranty—violation of Song-Beverly Act, (2) breach of implied warranty—violation of Song-Beverl...

Excerpt: ...ff Banning Heights Mutual Water Company alleges defendant James F. Lefebvre engaged in gross misconduct while serving as its general counsel from to 2CG. On February 26, 2010, Plaintiff filed the original complaint against Defendant for legal malpractice, breach of fiduciary duty and breach of contract and filed a prcff of service by mail. Plaintiff filed a requestfor default and submitted a default package to the Court. The Court denied the defa...

Excerpt: ...ligence on the grounds that Defendant met the standard of care, summary adjudication of the second cause of action for res ipsa loquitur because it didn't have exclusive control of the retained foreign object. II. EVIDENCE SUPPORTING MOTION Defendant submitted the Request for Judicial Notice and the declarations of Susan Heider, John Deacon, M.D., and exhibits. Request for Judicial Notice: Defendant requests that the court take judicial notice of...

Excerpt: ...d's motion for judgment on the pleadings. Factual / Procedural Context: On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the warranty period — includin...

Excerpt: ...Riverside Nissan. (Complaint, 6.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (Complaint 11-12, 26, 32 and 42.) The Complaint sets forth causes of action for: (1) Violation of Song-Beverly Act, Section 1793.2 (D) Violation of Song-Beverly Act,...

Excerpt: ...e process, 5) failure to prevent discrimination and retaliation, and 6) declaratory relief. A jury trial was held and the jury found for Plaintiff and awarded damages. Furthermore, the judgment reflects that Plaintiff is entitled to reasonable attorneys' fees and costs, including expert witness fees, upon a noticed motion for attorneys' fees a based upon a Memorandum of Costs. On May 15, 2023, Plaintiff filed their motion for attorneys' fees and ...

Excerpt: ...dent of City of Moreno Valley, California, who described herself as a person who "could be considered a Moreno Valley Activist." (FAC, 7.) Defendant Patricia Jacques-Nares ("Defendant") is the former City Clerk for Moreno Valley. Through her activism, Plaintiff frequently communicated with Defendant. Plaintiff alleges that tenants of a property located at 15309 La Palma Way, Moreno Valley ("Subject Property") were operating an illegal motorcycle ...

Excerpt: ...5,000) OF STACIE OLSON CVSW2204456 OLSON VS LOMA LINDA UNIVERSITY MEDICAL CENTER - MURRIETA MOTION FOR SUMMARY JUDGMENT ON COMPLAINT FOR MEDICAL MALPRACTICE (OVER $25,000) OF STACIE OLSON Tentative Ruling: The Court grants Defendants Jaime De'Jesus Perez, P.A, Michael James Garcia, M.D„ Carl Murillo, M.D., and Gary Thomas Baldwin, P.A.'s unopposed motions for summary judgment. Factual/procedural Content: This is a medical malpractice action. Pl...

Excerpt: ...L FURTHER DEPOSITION TESTIMONY FROM DEFENDANT LEGEND INVESTMENT MANAGEMENT, LP Tentative Ruling: The Court grants the motions to compel, and orders Defendant American Everglow Regional Center, LLC, Legend nvestment Management, LLC and Glory Investment International, lnc to PMQs as to each respective topic within 30 days. As for sanctions, the Court finds substantial justification not to award sanctions to either side, and denies each request. Fac...

Excerpt: ...lejandra Anzorena; Erika Villegas; Norma Villegas; and Diego Anzorena Loya ("Plaintiffs") allege that decedent Altagracia Loya slipped on Defendant's stair case, hit the back of her head and subsequently died. A Complaint was filed on April 12, 2022 by decedent's surviving heirs alleging (1) wrongful death sounding in negligence and (2) premises liability. An Answer was filed by Defendant Bernardo Buevara ("Defendant") on July 28, 2022 alleging s...

Excerpt: ...and Moss Brothers Chrysler Doge Jeep Ram Riverside. On 8/16/21, Plaintiff purchased a 2020 Jeep Wrangler (the "Vehicle"), which was backed by an express warranty, from Defendants. (Complaint, 8- 9.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. ...

Excerpt: ...r for punitive damages and injunctive relief with 30 days leave to amend. Factual / Procedural Context: This is a pregnancy discrimination case. Beginning in March 2021, Plaintiff Rozanne Givens ("Plaintiff") was employed as an assistant for Defendant Riverside Personnel Services, Inc. ("Defendant"). Plaintiff notified Defendant she was pregnant, and in December 2021 required to take time off due to pregnancy related medical condition. While on l...

Excerpt: ...GA"). Plaintiff alleges that on May 11, 2022 he purchased a 2022 Volkswagen Jetta (the "Vehicle"), which was backed by an express warranty. ("Complaint, '1 14.) Defects and nonconformities to warranty manifested within the applicable warranty which VGA's authorized repair facility, CardinaleWay, was unable to repair. (Complaint, "1 15-18, 39.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express...

Excerpt: ... Compensation (Labor Code SS 510, 1194(a) and 1198; 2) Failure to Pay Minimum Wage (Labor Code SS 1194(a) and 1197); 3) Failure to Provide Meal Breaks (Labor Code SS 226.7 & 512 (a)); 4) Failure to Provide Rest Breaks (Labor Code S 226.7); 5) Failure to Provide Accurate, Itemized Wage Statements (Labor Code S 226); 5) Waiting Time Penalties (Labor Code S 203); 7) Failure to Reimburse Business Expenses (Labor Code S 2802); and 8) unfair Business P...

Excerpt: ...0(g). The Court orders Plaintiff's counsel to provide information as to how the declaration was translated, and whether it was done by a certified interpreter. As noted below, however, even if the Court disregarded Plaintiff's declaration, the Court finds a triable issue of fact exists with respect to Dr. Garg, and thus, the motion is denied. Factual / Procedural Context: Jose Perez ("Plaintiff") notified his employer, QG Printing II LLC ("QG Pri...

Excerpt: ... alleges that he witnessed two events which he reasonably believed to be unlawful and reported them to his manager. First, while shadowing an employee of the County, during a visual inspection of an infant to rule out general neglect by the mother who was blind, the employee requested the infant's mother to take the diapers off the infant without having reasonable belief for such a request, as no neglect was visible on the infant. Second, on or a...

Excerpt: ...es entered into a Residential Purchase Agreement and Escrow Instructions ("Agreement"). Plaintiff paid Wang $115,000 in cash up front and moved into the Subject Property prior to the completion of the formal paperwork. Plaintiff alleges that Wang misrepresented that Plaintiff had to give Wang an additional $100,000 pursuant to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), which Wang pay to the IRS, which would then refund $25,...

Excerpt: ...s causes of action for Negligence, Premises Liability and Strict Liability Dog Bite/Dangerous Animal. By these Motions, Defendants Stephen Riggs and David Geisler seek sanctions pursuant to CCP S 128.7 based on the filing ofthe Complaint. They contend the legal contentons made in the Complaint are without merit, have no evidentiary support and the Complaint was brought for an improper purpose. They seek terminating sanctions and monetary sanction...

Excerpt: ...o a written contract on January 9, 2018, with defendant Moon Lev Investments LLC ("Moon Lev") to prov-de design, planning and construction of improvements ("Project") on property owned by Moon Lev at 18342 Blue Dream Crossing in Desert Hot Springs ("subject property"). Ecomaster alleges it supplied labor, materials, and supplies for the work of improvement on the subject property but at the time of recording a Mechanic's Lien on December 2, 2020,...

Excerpt: ...) were injured when a vehicle they were in was struck by vehicle operated by Joe Sherman Phillis ("Phillips"). Plaintiffs contend that Direct Auction Services, LLC ("Direct"); FCA US LLC ("FCA"); and Manheim Investments, Inc. ("Manheim") (added later as a Doe defendant) either owned the vehicle driven by Philips, negligently entrusted the vehicle to Phillips, or employed Phillips. The complaint asserts the following causes of action: (1) motor ve...

Excerpt: ...efendants"). On 1/12/22, Plaintiff purchased a 2020 Nissan Kicks (the "Vehicle"), which was backed by an express warranty, from Defendants. (Complaint, 15.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (See Complaint generally.) The Complaint s...

Excerpt: ... 20 days. The Court shall address the Defendant's ex parte motion to continue trial at the hearing. Factual / Procedural Context: Plaintiff, Jose Orozco-Carreon, alleges that on 12/23/17, he purchased a new 2018 KIA Optima from Defendant, Kia America, Inc.'s (KA) [formerly Kia Motors America, Inc. (KMA)I authorized retailer, which was manufactured and/or distributed by KA. Plaintiff alleges the vehicle was purchased with an express warranty among...

Excerpt: ...ibility (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 Development Company (Real Partes in Interest [RPI] or Applicant) on 12/20/21. (Supporters' Petitioner [Pet. #11.) Petitioner, SAFER, is challenging the City'...

Excerpt: ...ENS Tentative Ruling: ** The Court shall hear these motions at 8:30 am ** Motion for summary judgment on the Complaint: 1. The Court grants Plaintiffs' motion for Summary Judgment. 2. The Court grants Plaintiff's request for judicial notice. 3. The Court sustains Defendant's evidentiary objection nos. 18-23, 103-106, 130, 131, 144-160, 183-185 and 229-239; the court overrules all other objections. 4. The court sustains Plaintiffs' evidentiary obj...

Excerpt: ...is denied. The request by Plaintiff to add additional fees is denied. Factual / Procedural Context: This case concerns a multĕehicle accident that occurred on the 1-10 east of SR-62 on 3/21/18. Plaintiffs Janiece Manthey ("Janiece") and Nathan Drake ("Nathan") (collectively "Plaintiffs") allege that there was a metal ladder in lanes 2 and 3, which caused approaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear-ended...

Excerpt: ...y defendants/cross-complainants 80b M. Hannah and Diana Sue Hannah (the "Hannahs"). The plaintiff, Team 1 Restoration, Inc. ("Team 1"), alleges that it performed constructon work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 202...

Excerpt: ...f") was offered a job with United Material Handling, Inc. ("Defendant") as an account manager in the sales department. Plaintiff contends Page 3 of 6 that while he was employed with Defendant he excelled at his job and he exceeded his sales goals. In January 2022, Plaintiff's wife gave birth and Plaintiff took paternity leave from January 12, 2022 through February 2, 2022. On or around February 28, 2022, Plaintiff's wife began to experience compi...

Excerpt: ...endant has presented undisputed evidence that it did not breach any duty to Plaintiff or cause any of Plaintiff's alleged damages. (UMF 6-11.) Because the Court is granting the motion for summary judgment, the motion for sanctions is hereby moot. The Court recognizes that Plaintiff is self-represented and has not filed an opposition. The Court shall order the parties to appear at hearing either by Zoom/telephone or in-person, but unless Plaintiff...

Excerpt: ...rocedural Context: Plaintiff Florence Walker is a former inmate who was previously incarcerated at two different correctional institutons in the State of California, Central California Women's Facility (CCWF) located in Chowchilla and California Institution for Women (CIW) located in Corona. Plaintiff brings this achon against the State, the California Department of Corrections and Rehabilitation (CDCR), and various CDCR employees levying violati...

Excerpt: ...this Motion to compel further responses to RFA Nos 2- 12 and 15-19 and Form Interrogatory 17.1. She contends the responses are incomplete and/or the objections are without merit. She seeks $4,560 in sanctions for having to bring the Motion. Defendant opposes claiming Plaintiff did not properly meet and confer, the separate statement is improper and the responses are sufficient and the objections are warranted. Defendant seeks sanctions for having...

Excerpt: ... LLC ("Pacterra") and A&M Partners LLC ("A&M"). The City seeks to abate alleged violations and unlawful nuisance conditions and activities at property located at 1240 Ramsey Street I Banning, California (the "Property") (Complaint, "1 2, 6.). Pacterra is alleged to be the owner of the Property. (ld., '1 3, Exhibit A [grant deed].) A&M is alleged to be in control of the Property, which consists of an abandoned and partially boarded up, fire-damage...

Excerpt: ...that Petitioner engaged in the violations in the notice of intent to terminate, the City Manager terminated Petitioner. Petitioner alleges that City's decision is not supported by the findings. Petitioner contended the City abused its discretion because under the MOLI, it is the arbitrator who has the authority to determine the relevancy, weight and credibility of testimony and evidence. He argued that the MOU does not permit a de now review of t...

Excerpt: ...rty and the intervening 61 acres of land between the golf course and the Trilogy community homes ("Perimeter Area"). The moving Defendants, Wayne Guralnick and Guralnick & Gilliland, acted as counsels representing Trilogy HOA in these negotiations and discussions. CBGM's Complaint alleges as follows: The Trilogy at La Quinta is a master planned community governed by a master Declarations of Covenants, Conditions and Restrictions recorded in March...

Excerpt: ... defendant General Motors, LLC ("Defendant" or "GM"). With the purchase, Plaintiffs allege they received various express warranties. Plaintiffs allege the subject vehicle came with material defects and nonconformities to warranty related to the engine, and transmission, that Defendant's authorized repair facility was unable to repair despite numerous attempts. Plaintiffs filed the Complaint on 12/14/21 alleging various causes of action under the ...

Excerpt: ...n 20 days. Factual / Procedural Context: Plaintiff Gary Forman "(Plaintiff) entered into a warranty contract for a 2019 Chevrolet Bolt ("subject vehicle") manufactured by Defendant General Motors, LLC. (Second Amended Complaint (SAC) 6.) Plaintiff alleges that the subject vehicle was delivered with serious battery defects that Defendant was aware of and failed to disclose. (SAC 21-39.) Plaintiff provided his vehicle to Defendant and its represent...

Excerpt: ...merica, Inc. ("NNA"). On November 13, 2018, Plaintiff purchased a new 2019 Nissan Versa (the "Vehicle"), which was backed by an express warranty, from the non-party dealer, Riverside Nissan. (Complaint, 6-7, 19; Declaration of Parada K. Ornelas in Support ("Ornelas Decl."), 2, Exhibit 1.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, including defects in the transmission a...

Excerpt: ...4, 35, 36. Factual / Procedural Context: Plaintiff YYC Management Inc. ("Plaintiff or "YYC") alleges it is engaged in the business of shipping and logistics, and coordinates shipping, warehousing and delivery of goods to its customers. Plaintiff alleges that it hired defendant Jianwei Lin aka Justin Lin ("Lin") in mid-2021 to serve as a Dispatch Operations Manager, a management-level position. In September 2022, YYC discovered that Lin had been e...

Excerpt: ... employment (and investigation) as an assistant professor at University of California, Riverside. In the fall of 2016, Dr. MartinsGreen was faced with a situation which arose among several graduate students. She learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being improperly targeted and harassed by two other students who were male, Student C and Student D. Plaintiff advised S...

Excerpt: ...t: This is an employment action. Plaintiff Mia Prather alleges she employed as a front office manager by defendants Mohammed Ali Zareh DDS, Inc. ("Defendant" or "DDS") and Castleview Dental starting July 2020. In January 2021, a patient threatened Plaintiff's health and safety. Plaintiff sought medical attenton for her mental health, anxiety and stress, took time off from work with a doctor's note and obtained a restraining order against the pate...

Excerpt: ...ts the motions to compel, and orders Defendants to provide responses without objection within 30 days. The Court denies the request for 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...

Excerpt: ... 2021 Mercedes-Benz S580, manufactured and distributed by defendant Mercedes-Benz USA, LLC, that came with unrepairable defects and nonconformities to warranty. Plaintiff filed the Complaint on November 4, 2022, alleging breach of express and implied warranty under the Song-Beverly Act. Defendant filed an answer on December 19, 2022. On February 2, 2023, Plaintiff accepted Defendant's offer to compromise under CCP S 998 in the amount of $159,373....

Excerpt: ...ument and can articulate how/why these affirmative defenses are applicable, the Court will sustain the demurrer without leave to amend. The demurrer as to all other defenses is overruled. The moton to strike is moot. Factual / Procedural Context: Plaintiffs Anthony L. Perez ("Anthony") and Sandra L Perez ("Sandra") (collectively "Plaintiffs") allege that Anthony's brother, Defendant Arthur A. Perez, Jr. ("Defendant"), made false accusations to th...

Excerpt: ...ed the incident but the report was brought to Benavidez rather than the board. Instead of disciplining Benavidez, Plaintiff was now required to announce when she was entering a room or around Benavidez. When Plaintiff became pregnant and had a hip dislocation, she was placed on work restrictions in November 2019. But, Benavidez increased her case load and maintained the same pay rate, while newer employees with less experience received a higher p...

Excerpt: ...y, obtained a mortgage loan secured by 29255 North Crest Drive, Lake Elsinore, California 92530 (the "Property") from Lender Fairway Independent Mortgage Corporation in the amount of $264,000.00, memorialized by a Deed of Trust. (Comp„ Exh. A.) However, Plaintiff Edward Lepas ("Plaintiff") also alleges that he is the "rightful and lavvful owner" of the Property and was the one who obtained the loan. (Comp. , 1, 10.) Plaintiff alleges "he attemp...

Excerpt: ...Rocha, who has answered. Plaintiff filed a complaint against Defendants with the California Department of Fair Employment and Housing ("DFEH") on October 19, 2022. The DFEH issued Plaintiff a "RighttoSue" letter that same day. (First Amended Complaint, 931.) A Complaint was filed on October 20, 2022 and a First Amended Complaint ("FAC") on December 14, 2022 for (1) Discrimination in Violation of the FEHA; (2) Sexual Harassment in Violation of the...

Excerpt: ...ection 761.020. All other grounds are denied. Leave is granted to allow Plaintiff to file an amended complaint within 30 days. Factual / Procedural Context Plaintiff Garrett Gottschalk brings the instant action on behalf of three related limited liability companies in which he is a managing member. Plaintiff has a 50% membership interest and is the managing member in LLC and G&H Group, LLC (a Montana LLC). Both LLCs do business exclusively in Cal...

Excerpt: ...9, Plaintiff purchased a new 2019 Nissan Rogue (the "Vehicle"), which was backed by an express warranty, from non- party Riverside Nissan. (Complaint, 8-11, 61, 71-72; Declaration of Edgar J. Salinas in Support ("Salinas Decl."), '1 3, Exhibit B.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which N...

Excerpt: ...l modify paragraph 17 to ensure compliance with CRC 2.550 and 2.551. Factual / Procedural Context On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , '1 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the...

Excerpt: ...and the original Trustee of the Trust. (FAC, 8-9). Love had a long history of alcohol abuse, and his alcoholism worsened over the years. (FAC, 16, 18-21.) His alcoholism contributed to his divorces and health problems. (FAC, 16, 20, 23, 31-33.) In the summer or fall of 2015, Love met Cynthia Elaine Rose ("Rose"). (FAC, 10, 22.) Defendant is Rose's adult son. (FAC, '1 26.) Love and Rose began cohabitating in or around 2015 at property (the "Proper...

Excerpt: ... this Song-Beverly case on February 22, 2022 against defendant American Honda Motor Co„ Inc. ("Defendant"). On May 23, 2022, Defendant served Plaintiffs with Notices of Deposition and Requests for Production of Documents at Deposition for and production date of June 7, 2022. (Declaration of David L Chaffin, '12, Ex. A and B.) ["Chaffn Decl.".l On May 16, 2022, Plaintiff's counsel, Kevin Y. Jacobson, served objections to the deposition notices o...

Excerpt: ...2, 75, 78, 81, 86, 87, 90. The Court grants the motion to compel further responses to Special Interrogatories 2, 5, 7, 10, 14, 23, 25, 40, 42-46, and 59. The Court denies the motion to compel further response to Form Interrogatory 12.1. The Court orders further responses to all discovery to be provided in 30 days. Factual / Procedural Context Plaintiffs purchased a 2019 Chevrolet Silverado on October 21, 2019. (Comp. 95.) The vehicle came with a ...

Excerpt: ...l., CPG, Civil Trials and Evidence (TRG 2014), S 18:115, p. 18-29, citing carney v. Simmonds (1957) 49 cal. 2d 84, 90.) In pertinent part, CCP S 657 provides the grounds for a new trial and states: The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially a...

Excerpt: ... when the vehicle he was a passenger in was involved in an accident. He has named Mammoth Electric, Inc.; County of Riverside; Jabari Tutankhamun Gillett; Alfredo Amezola; Clarence Gillett; Jesus Ampelio Sanchez Santos; and Jorge Avendano Sanluis as defendants. The complaint asserts one cause of action for negligence. Some of the defendants have filed cross-complaints against each other for indemnity. Jabari Tutankhamun Gillett and Clarence Gille...

Excerpt: ...("Policies") to Defendant K&N Engineering, Inc. ("Defendant") from 2015 through 2020. The Policies included coverage for personal and advertising injuries. On February 16, 2022, FCA US, LLC ("FCA") filed a Complaint against Defendant for violations of Bus. & Prof. Code 517200 et seq. ("UCL") based on allegedly false or misleading advertising ("FCA Action"). Plaintiff agreed to defend Defendant in the FCA Action under a reservation of rights, incl...

Excerpt: ....6, 204.3-204.4, 204.6-204.7, 206.2-205.3, 207.1-207.2, 208.1- 208.2, 209.2, 211.1, 214.1-214.2, 215.1-215.2. 3) special Interrogatories, Nos. 1-34. 4) Requests for Admissions, Nos. 1-50. 5) Requests for Production of Documents, Nos. 1-86. Defendant is ordered to provide responses within 30 days from notice of this order. The Court denies the request for sanctions. Factual / Procedural Context: In August 2021, Plaintiff Kailey Carrillo ("Plaintif...

Excerpt: ...he fifteenth and sixteenth causes of achon for (1) Survival Action: Dangerous Condition on Public Property; and (2) Wrongful Death: Dangerous Condition on Public Property. As to defendants Nagle and CHP, the demurrer is sustained with 30 days leave to amend as to the eleventh, twelfth, thirteenth, fourteenth, and seventeenth causes of action for (1) Survival Action: Negligence; (2) Wrongful Death: Negligence; (3) Survival Acton, and (4) Loss of C...

Excerpt: ...manufactured or distributed by Defendant FCA US, LLC ("Defendant" or "FCA"). Plaintiff alleges that FCA provided certain warranties, but the Subject Vehicle was delivered with and/or developed nonconformities during the warranty period, including a defect with the PowerNet system (electrical architecture). Plaintiff alleges that he had to deliver the vehicle for repairs on multiple occasions, but FCA's authorized repair facility failed to conform...

Excerpt: ...er 13, 2023 at 8:30am. All parties are ordered to file an updated CMC statement prior to that hearing. Factual / Procedural Context: This is a trade secret misappropriation case. Plaintiff YYC Management Inc. alleges it is engaged in the business of shipping and logistics, provding shipping, warehousing, planning and cargo management for customers. Plaintiff's customers (primarily freight forwarders, manufacturers and/or distributors) place order...