Excerpt: ...19, defense counsel Þled an answer on behalf of Defendants Lopez and David Sanchez dba Apple Markets, Inc (erroneously sued as “Apple Markets, Inc”) At no time did Defendants seek to amend their answer indicating who was appearing before the court Trial commenced before a jury On 10/20/22, a jury returned a verdict in favor of Plainti
¯ and against Defendants Lopez and Sanchez dba Apple Markets, Inc On 11/21/22, the court entered judgm...

Excerpt: ...uled as to the Þfth cause of action for Accounting. As the case is not at-issue, the Court shall continue the currently-set CMC to April 29, 2024 at 8:30am. Factual / Procedural Context: Plainti
¯ Radhe Radhe Transport Inc. alleges that Jagdish Kumar Rajgor, Harish Raj Kumar and Defendant Raj Kumar Pandey formed Plainti
¯. Plainti
¯ purchased a new commercial truck that was Þnanced through Opportunity Fund, who demanded that the truck be put...

Excerpt: ...ness” (food truck business) located at 5666 Etiwanda Ave., Suite F, in Jurupa Valley. Nunez also agreed to assign the lease and any other necessary assignments. She acknowledged receiving $100,000 from Plainti
¯. The Master Lease is between Defendant, Nunez Plaza, LLC and Plainti
¯ for 3800 square feet of warehouse space and 21,700 square feet of parking lot space. The Lease term was three years beginning 6/1/20. Plainti
¯ gave Nunez a $6,00...

Excerpt: ...(2) Bonds' prior workers' compensation claims, is reasonable (Defendant has agreed to withdraw the subpoena as to and Robbins Brothers Inc) Page 3 of 10 Defendant is ordered to serve revised subpoenas to Plainti
¯'s former employers Lineage Logistics, LLC and Harbor Freight Tools that is consistent with this ruling The Court also orders the parties to enter into a Protective Order to preserve the privacy interests of Plainti
¯ The Court den...

Excerpt: ...ant, Wanhoo, LLC (Wanhoo) to purchase real property known as 1713 Beam Hollow in San Jacinto, with a completion date of 7/31/20. Plainti
¯s allege they were targeted by Wanhoo as Þrst-time buyers, and were promised a newly built home, which was not delivered. Plainti
¯s allege that Wanhoo intended to defraud Plainti
¯s of their initial deposit and had no intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the ...

Excerpt: ...res (“Plainti
¯s”) Þled a Complaint against Defendant, General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song-Beverly Consumer Warranty Act (“Song Beverly Act”); (2) breach of implied warranty in violation of the Song Beverly Act; (3) violation of § 1793.2 of the Song Beverly Act; and (4) fraud/fraudulent inducement/concealment. In the Complaint, Plainti
¯s allege that on July 28...

Excerpt: ...aints of shortness of breath. (Complaint, ¶ 14.) She was subsequently diagnosed with acute respiratory failure and admitted to the ICU. (Complaint ¶ 14.) Decedent physician's orders included an order for steroids and GERD medication which Plainti
¯s' allege that Defendants failed to administer. (Complaint ¶¶ 16-20.) As a result, the Complaint alleges that decedent deteriorated and needed to be intubated. (Complaint ¶ 21.) Plainti
¯s conten...

Excerpt: ...are ordered to provide updated CMC statements prior to that date. Factual / Procedural Context: Plainti
¯ Doug Chadwick alleges that he was employed full time by Defendant TNT Plastic Molding as Vice President and director, along as a shareholder. His brother, Defendant Dennis Chadwick began Þnancial mismanagement of the company as he ran a separate company (Crystal Tex) at TNT's business. When Plainti
¯ complained about mismanagement, Defenda...

Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti
¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti
¯, Julie Scha
¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti
¯ was walking on the premises when she tripped over what appe...

Excerpt: ... injury. She alleges that the store's manager was responsible for maintenance, and for verifying there was a policy to maintain the premises according to industry standards, policies, and procedures. Plaintiff filed her Complaint on 9/13/23 alleging two causes of action for general negligence and premises liabil-ty. *** Defendant, Costco Wholesale Corporation (Costco), brings this motion to disqualify Plaintiff's counsel, Downtown L.A. Law Group ...

Excerpt: ... is an ex parte motion to contnue trial, which is apparently stipulated by all parties. The Court orders counsel to appear to discuss. Statement of Facts/procedure This case involves an allegation that on July 15, 2020, Plaintiff Reams was working at a construction site at Defendant's facility when he fell approximately 15 feet to the ground through and "unguarded, unprotected and unmarked" opening on the second floor. Plaintiff has alleged that ...

Excerpt: ...ger ("Phyllis") (collectively "Plaintiffs") against defendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC ("Los Angeles"). 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, h...

Excerpt: ...ponses to SPROG nos. 56 and 57, and order Plaintiff to provide further, Code-compliant responses within 20 days. The Court imposes sanctions against Plaintiff, not counsel, in the amount of $560. Sanctions to be paid in 60 days. Motion to Compel Further Responses to RFPs The Court grants the motion to compel further responses to RFP nos. 15, 16 and 17. The Court denies the motion as to RFP no. 19. The Court denies the request for sanctions. Factu...

Excerpt: ... Heaven Heights Senior Care; and Jacqueline Hawk (owner of HH Care, Heaven Heights) employed Plaintiff as a 24-hour in-home live-in caregiver to Defendant Dorcas Greene from 2014 to 10/31/22. Defendants initially paid Plaintiff $144/day until she received $200/day. She originally provided services under the entities, until Greene and Firth agreed to hire Plaintiff directly of $9,000 per month plus $4,500 for room and board. However, she never rec...

Excerpt: ...HOOL DISTRICT AND LINDA PEREZ TO COMPEL PLAINTIFF SETH HAMMERSTEADT TO SUBMIT TO DEPOSITION Tentative Ruling: The Court grants Defendant District's Motions to Compel the three depositions at issue. The Court orders that the depositions take place within 30 days, or at a date stipulated to by counsel. If further disputes arise from the taking of any of these depositions, the Court invites the parties to participate in an Informal Discovery Confere...

Excerpt: ...s the motion to strike punitive damages. The Court deems the motion to strike moot as to treble damages and attorney fees in light of the ruling to sustain the fifth cause of action with leave to amend. The Court recognizes that the parties also have a Case Management Conference set for today. As the pleadings are not at issue, the Court shall on its own motion contnue the CMC to April 18, 2024 at 8:30am in Dept. 3. All parties are ordered to fil...

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...