Excerpt: ...ng-Beverly Act in Rodriguez. Briefly stated, the Fourth District, Division Two held that as a matter of law, used vehicles are not subject to the Song Beverly Act. The Supreme Court granted review, but still allowed Rodriguez to be cited as persuasive authority. In opposition, Plaintiff asserted that the motion must be denied as disputed material facts exist, which controvert GM's contention that Plaintiff bought a used vehicle for which GM did n...

Excerpt: ...zjon are intertwined with the other plaintiffs. This case involved the following causes of action: (1) a claim for battery, (2) a claim for violation of the California Civil Code Section 52.1 [Bane Act]" and First and Fourth Amendment rights and (3) a claim for negligence brought by the Plaintiffs, Tyesha Calhoun and Taletha Calhoun, and a claim for assault instead of battery brought by Tyzjon Calhoun. These actions were brought against Defendant...

Excerpt: ... compel further responses to special interrogatory nos. 30. The Court orders responses to be made, without objection, in 15 days. Page 7 of 9 The Court awards sanctons to Plaintiff and against Defendant, but not counsel, in the amount of $1,200, for each motion. Factual / Procedural Context: This is a personal injury achon arising out of a motor vehicle accident that occurred on January 13, 2022. Plaintiff Jonathon Lee Byrd alleges that he was a ...

Excerpt: ...ded at ABS, they must go through the "onboarding process," which refers to the overall process of a new employee Page 4 of 9 reviewing and completing new hire documents. (Murray Decl. '1 2.) At the time Plaintiff was hired, ABS allegedly had in place a three-page mutual arbitration agreement (the "MAA") that ABS provided to its employees during the onboarding process. (ld. at 4, Ex. A.) The first page of the MAA covers the "applicable law" govern...

Excerpt: ...ew emergency room via ambulance with complaints of chest pain which came on suddenly two hours prior to arrival. After the initial evaluation by Dr. William Fleming and radiologist Dr. Tuan Nguyen, she was admitted by Dr. Anoop Maheshwari to Parkview's Telemetry unit with diagnoses of chest pain, unspecified, essential (primary) hypertension, diabetes mellitus due to underlying condition with hyperglycemia. After further monitoring, she was disch...

Excerpt: ...aud and deceit, with 30 days leave to amend. The Court sustains the demurrer to the 2nd cause of acton for breach of the implied covenant of good faith and fair dealing, without leave to amend. The motion to strike punitive damages is denied as moot in light of the Court granting Plaintiff leave to amend the 1st cause of action. The Court grants the motion to strike paragraph 47 of the Complaint, without leave to amend. Factual / Procedural Conte...

Excerpt: ...e Circle, Riverside, California (the "Property"). On November 7, 2023, Plaintiffs, Michele Trujillo and Robert Trujillo ("Plaintiffs") filed a Complaint against Defendants, ANKR, LLC, Alexander Alvarez, James Lopez Vega, and B&J Real Estate Investments (together "Defendants") asserting the following causes of acton: (1) fraud; (2) quiet title; (3) cancellation of home equity sales contract; (4) violation of mortgage consulting contract; (5) cance...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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...