Excerpt: ... Corona, California (the "Property") from Defendant pursuant to a lease dated October 3, 2022. He further alleges that the Property was unfit for human occupation due to numerous problems; that he repeatedly notified Defendant of these problems from October 2022 to May 2023, and Defendant refused to make repairs; and that the issues with the Property affected Plaintiff's health and safety. *** In this Motion, Defendant seeks sanctions against Pla...

Excerpt: ... matter concerns two separate petitions for writs of mandate. The first Petition was filed by Petitioner, Supporters Alliance for Environmental Responsibility (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 Develo...

Excerpt: ...ment on the grounds that any such easement was extinguished either by way of a merger of the dominant and servient property at one point in the chain of ownerships or by way of adverse possession by the prior owner of the servient tenement. On June 02, 2023, Plaintiff filed her Complaint, alleging 6 causes of action for: (1) extinguishment of easement; (2) quiet title; (3) slander of title; (4) trespass; (5) private nuisance; and (6) declaratory ...

Excerpt: ...loan. Lending Bee and Isperov (Fiduciary Defendants) represented they would be agents to obtain the mortgage loan with a third-party lender. Plaintiffs alleges Defendants engaged in predatory lending, fraud and extortion to obtain their property through wrongful foreclosure. Plaintiffs allege that the Fiduciary Defendants serviced the loan taking $14,000 in payments, which they did not credit to Plaintiffs' account. On 8/16/22, Isperov and certai...

Excerpt: ...f was experiencing credit issues, title to the property is in Lee's name, although Plaintiff and Lee each paid one-half of the down payment. Lee obtained a loan from Pinnacle Capital Mortgage ("Pinnacle"), which recorded a Deed of Trust (DOT) against the property. On December 5, 2012, Lee refinanced the loan and Pinnacle recorded a new for $135,cm. Plaintiff resided at the Subject Property from 2009 to present. Plaintiff and Lee each paid half th...

Excerpt: ...aid in 60 days. Factual / Procedural Context: Plaintiff Mary Janeth Vasquez alleges that Defendants Advance Oil, Inc. and Ky Chau employed her as a store manager. Defendant Chau would sexually harass a co-worker, nonparty Tammy Nguyen, resulting in her quitting her employment. Plaintiff complained about Chau's harassment, and would make inappropriate sexual comments to Plaintiff. Plaintiff also complained about the lack of meal and rest breaks fo...

Excerpt: ...s that on June 20, 2020, she tripped over a curb and fell in the parking lot of the Stater Bros. located at 1537 S. San Jacinto Ave„ San Jacinto, California (the "Property"). Plaintiff asserts causes of action for negligence and premises liability. Defendant Stater Bros. moves the court to reclassify this case as a Limited Civ-l case pursuant to CCP 5403.040(b) and Walker v. Superior Court (1991) 53 Cal.3d 257, on the ground that Plaintiff seek...

Excerpt: ...ctured by Defendant, General Motors, LLC (GM), and was accompanied by express warranties. Plaintiff alleges that the vehicle was delivered to her with serious defects and nonconformities to warranties and/or developed same including engine, electrical, emission, and transmission system defects. Plaintiff alleges that GM knew the transmission defects, that she delivered the vehicle to GM authorized repair facilities, but GM was unable to conform P...

Excerpt: ...eal property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411-10481 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 ...

Excerpt: ...iled the Complaint against Alpha Beta Company dba Ralphs ("Ralphs"), alleging: 1) premises liability; 2) failure to warn and 3) loss of consortium. Shortly thereafter, Plaintiffs filed a Doe Amendment, identifying Defendant Vortex Industries, Inc. ("Vortex") as Dæ 1. Vortex is alleged to have serviced the doors at the location, both before and after the incident. Vortex and Ralphs filed cross-complaints against each other for indemnity and contr...

Excerpt: ...times, she was over 55 years old and a custodial care resident and patient at the skilled nursing facility owned and operated by defendant P.T.C.H., Inc. dba Palm Terrace Care Center ("Palm Terrace"). Plaintiff was admitted to Palm Terrace for rehabilitation of a broken hip and required assistance with all activities of daily living and other medical oversight. Plaintiff alleges Palm Terrace failed to provide proper nutrition and failed to turn/r...

Excerpt: ...in Adam Shaw was placed to work at Defendant Lowe's Home Centers, LLC by Defendant Partners Personnel Management Services, LLC. A manager, Esther, would refer to him as "black boy" when speaking to him on a consistent basis. When Plaintiff complained, he was terminated. On 10/7/22, Plaintiff failed a complaint for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) whistlebl...

Excerpt: ...the work from October through December 2022 and issued invoices in the total amount of $133,655.54 which Defendants failed to pay. Plaintiff filed the Complaint on 2/27/23, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value /work, labor and services; and 6) foreclosure of mechanic's lien. Plaintiff filed the instant application for right to attach order...

Excerpt: ...ll continue the CMC to 1/25/24 at 8:30am. All parties are ordered to file updated CMC statements prior to that date. Factual / Proc:edural Context: On October 26, 2020, Plaintiff VIP Style LLC entered into a written agreement with Defendant Abdallah Abu-Samrah under which Plaintiff agreed to provide construction related labor and materials for the home improvement project located at 7088 Gaskin Place, Riverside. A copy of the agreement is attache...

Excerpt: ...) allege that they, along with defendant Loring Winn Williams ("Winn") are owners of real property located at 5141 Arlington Avenue in Riverside. Plaintiffs allege the parties are siblings and each own 1/3 interest in the property as tenants in common, and that the value of the property is approximately $530,CM. Plaintiffs allege the property is currently being used as rental-income property but that they can no longer agree on how the property s...

Excerpt: ...nd Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her 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 action for professional negligence. The Court sustained a dem...

Excerpt: ...iring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. Factual / Procedural Context: This is an action against a public entity, the State of California (by and through the California Highway Patrol ["CHP"I), and its employee, Officer Kraig Nagle, for negligence. The individual claims of the surviving spouse and children of the decedent, Gilberto Avila Adame, are being asserted in the form of a wrongful death actio...

Excerpt: ...n Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson, in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm (the "firm") to pursue damages resul...

Excerpt: ...filed 9/8/22, asserts: (1) SongBeverly (express warranty); (2) Song-Beverly (implied warranty); and (3) Civil Code 51793.2. Trial is set for 3/15/24. Plaintiff moves to compel further responses to RFPs, contending Defendant served improper objections and its requests are relevant. Plaintiff requests sanctions of $4,020 against Defendant and its counsel. Defendant opposes. Analysis: A party may file a motion compelling further answers to requests ...

Excerpt: ...very vehicle, collided into multiple individuals stopped at a scene of another prior collision, including the responding Community Service Officer and a volunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. Relative to this Motion, Plaintiff Lara suffered orthopedic injuries, including, but not limited to, a left #lvic fracture, broken right pelvis, broken left cl...

Excerpt: ...manufactured by Defendant Ford Motor Company (FMC). (Complaint '1 9.) Plaintiff alleges that the subject vehicle was delivered with serious engine and transmission defects that Defendant was aware of and failed to disclose. (Complaint "14, 25- 36.) Plaintiffs provided his vehicle to Defendant FMC's representatives and Gosch Ford Temecula but they were unable to repair the vehicle. (Complaint 85- 89.) Plaintiff filed the Complaint asserting causes...

Excerpt: ...CHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS SPECIAL INTERROGATORIES, SET ONE BY SUPER CENTER CONCEPTS, INC. CVR12200744 SANCHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS FORM I...

Excerpt: ...et Silverado (the "Vehicle"), which was manufactured/distributed by GM. Plaintiff alleges that the Vehicle was delivered with significant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth causes of action for breach of express and implied warranties under the Song-Beverly Act, as well as a cause of achon for fraudulent concealment. * * * On June 26, 202...

Excerpt: ...CENTER, INC. MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DNUMENTS AND THINGS TO DEFENDANT SAEED MIRGHAFOURI (SET ONE) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT SAEED MIRGHAFOURI (SET ONE AND SET TWO) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT AUTOMOTIVE CREDIT CORPORATION (SET ONE) CVR12103284 VAZ...

Excerpt: ...F MADISON BALESTRACCI BY Joseph E. Glaser, M.D. Tentative Ruling: The Court grants all three unopposed motions for summary judgment. Defendants are ordered to submit proposed orders/judgments within 10 court days. FACTUAL/PROCEDURAL CONTEXT Plaintiff Madison Balestracci ("Plaintiff' of "Madison"), by and through her Guardian ad Litem, Kate Balestracci ("Katie"), filed the complaint (the "Complaint") in this medical malpractice action on December ...

Excerpt: ... for relief sought 1) permanent injunction against Defendant prohibiting them from making any claims of increased performance through use of its replacement filters; 2) permanent injunction against Defendant prohibit claims that its replacement filters perform better than any original equipment filter or replacement filter sold by a vehicle manufacturer; 3) other injunctive relief deemed necessary and appropriate; 4) restituton for lost sales of ...

Excerpt: ... Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to reconstruction of the event and biomechanical issues. • As to witness Guentzler, the Court finds that Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to anticipated use testing, standard engineering principles. •...

Excerpt: ... attorneys, sent notice and administrative citations alleging violation of the JVMC, including but not limited to section 8.05.030 (Calfornia Building code section 105.1.3), section 9.240.510, section 9.125.050, Section 9.240.480, Section 9.240.250, and Section 5.05.030. At the times of the issuances of these notices and citations, Cross-Defendant City employed an administrative adjudicative system that was contrary to the common law and violated...

Excerpt: ...iff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket (hereinafter collectively "Northgate"). Defendant Magnolia Partnership, LLC ("Magnolia") owns real property located at 10411-10481 Magnolia Avenue, William Lee Dieterle as trustee ofthe Dieterle Family Trust ("Dieterle") owns property located at 10485 Magnolia, and LMP Realty Advisors LLC ("LMP") owns property located at 10403 Magnolia. The predecessors-in-interes...

Excerpt: ...ted at 1415 Via Vallarta, Riverside, CA 92506 (the "Property"). (First Amended Complaint filed on August 23, 2023 ["FAC"] 3, 9.) In 2015, Amie purchased the Property for $555,000 with cash and a private loan of $450,000 secured by a deed of trust ("2015 Deed of Trust"). (ld. at '111.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, allege...

Excerpt: ...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. 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 by the County of Riverside. Charles alleges he was in the process of performing a pre-...

Excerpt: ...rside (County), and Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her 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 action for professional negligence. The Cour...

Excerpt: ...text: This is a wrongful death/personal injury achon by successors in interest to Decedent Robert Alexander arising out of a motor vehicle versus bicyclist. Plaintiffs Kristi Alexander and Kelsey Gregg's First Amended Complaint alleges two causes of achon for 1) motor vehicle negligence, and 2) dangerous condition of public property. Defendant State of California, on behalf of the Department of Transportation, demurs to the 2nd cause of action in...

Excerpt: ...ve damages. The Court orders Defendant to file its answer within 20 days. Factual / Procedural Context: Plaintiff German Mendoza Gracia alleges that on May 24, 2021, he purchased a 2019 GMC Sierra with a defective transmission. On June 26, 2023, Plaintiff filed his operative First Amended Complaint for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act— Breach of Implied Warranty; (3) Violation of...

Excerpt: ...f this action is a mobile home presently located at 5925 Mission Drive, Space 21 in Riverside, which has an estimated fair market value of $45,000 or more, and is subject to an HCD lien in an amount that is undetermined. Plaintiff alleges that during her lifetime Adela Hernandez was being cared for by her daughter, Adelita Lucero (Plaintiff), who was the only one of Adela's children that assisted her with daily living activities. It is alleged th...

Excerpt: ...il of Moreno Valley's (City) 1/18/22 decision to approve the Compass Danbe Centerpointe warehouse project (Project), and to adopt an Initial Study/Mitigated Negative Declaration (MND) for the Project, which consists of construction of two industrial warehouse buildings, which are across the street from residential homes and a charter school. (Petition '1 2.) Real Party in Interest, CORE Holdings 17, LLC (RPI) is the Project applicant. (ld. '1 14....

Excerpt: ...Conference Hearing. Defendant Custom Commercial Solutions, LLC has not yet been served. Plaintiff's counsel should be prepared to discuss the status of service regarding this defendant. Factual / Procedural Context: This is a breach of contract case in which Plaintiff 5th & Mercedes, LLC alleges four causes of achon against Defendants CCS Group, LLC, CCS Executive Suites, LLC, Custom Commercial Page 6 of 21 Solutions, LLC and Robert Cooke for 1) ...

Excerpt: ...ling southbound on Heacock Street in Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson,l in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm ...

Excerpt: ... to approximately $556,552.96. (Compl. 11, 13, 15.) The balance of $556,552.96 is the excess proceeds from the sale of a real property (the "subject property") that was sold at a public auction to satisfy unpaid taxes. (ld. at '13.) Defendants Richard Fracasse, Interinsurance Exchange of the Automobile Club, Glenoak Hills Community Association Francis Redmond, Asset Recovery, Inc., and Frank Redmond all filed claims with the Riverside County Trea...

Excerpt: ...nership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (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 ...

Excerpt: ...em the Petition for Relief from the Claims Requirement Filed as of August 7, 2023. The Court denies the Pettion for Relief from the Claims Requirement. Factual / Procedural Context Plaintiff, Julie Schaffer, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plaintiff was walking on the premises when she tripped over what appeared to be an unlit guy-wire/guy-line/guy-rope/stay and/or its...

Excerpt: ...MENT CORP., BLOOMING INVESTMENT GROUP INC., PRIME INVESTMENT INTERNATIONAL INC., UNIVERSITY CAMPUS HOTEL LLC Tentative Ruling: The Court overrules the demurrer. The Court denies the motion to strike. Defendant to file an answer within 20 days. Factual / Procedural Context: This is a derivative achon brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/...

Excerpt: ... the Court shall sustain the demurrer without leave to amend. "Leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law." (Lawrence v. Bank of America (1985) 153 Cal.App.3d 431, 435.) Factual / Procedural Context: This is an action for mandamus relief brought by Health and Wellness Lifestyle Club, LLC ("HWLC") and its former attorney, Nupur Nagar (collec...

Excerpt: ...mitted order. Although not specifically mentioned by the parties, the Court is not withdrawing the order for sanctions. The Court does order the parties to appear for the Case Management Conference Hearing. The Court notes that Defendant has filed a motion for summary judgment, to be heard on 11/17/23, largely on the fact that the RFAs were deemed admitted. Given the Court's tentative is to grant Plaintiff relief, the MS] appears to be moot. The ...

Excerpt: ...wenty years. During this time period, the two had pooled their resources, jointly owning property and having joint bank accounts and credit cards. The two also started a business together - Katz Transport, Inc.. In 2011, the two purchased a home in Fontana together. The agreement was that they would fix the home together and eventually retire there. In 2013, they purchased another business together — US La Michoacana. Plaintiff worked as an emp...

Excerpt: ...ka and their minor child, but was unable to qualify for the purchase. Terrence then spoke to Susana who agreed to be a straw buyer and then transfer the property to him after purchase, upon request. The property is at 36640 Obaria Way in Lake Elsinore ("property"). Terrence alleges that in May 2017, he delivered the funds to purchase the property for $464m with a loan amount of $324,489. Terrence alleges that all of the money came from him, and n...

Excerpt: ...ot the attorney. The Court orders sanctons to be paid in 90 days. Factual / Procedural Context: This is a motor vehicle personal injury action by Plaintiff Nancy Lane against Defendant Kyle Duvall. Plaintiff moves the court to Defendant to attend his deposition and for the production of documents specified in the deposition notice served on him. The motion is made on the grounds that Defendant failed to appear for deposition or to produce the req...

Excerpt: ... judgment, and re-set the matter as a Case Management Hearing, to be heard on 11/27/23 at 8:30am in Dept. 3. All counsel are ordered to file updated CMC statements prior to that date. Factual / Procedural Context: Plaintiff Daniel Joshua Lujan ("Plaintiff") filed the complaint in this quiet title achon on March 9, 2023 against defendant Bree Mendoza ("Defendant"). Defendant failed to answer or otherwise respond to the complaint, and Plaintiff req...

Excerpt: ...e. 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 wife, Defendant Maricel Harvery ("Maricel") by Defendant ABC Foster Family Agency ("ABC"). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulte...

Excerpt: ...urt denies Defendant's Motion to Strike. Factual / Procedural Context: On May 31, 2016, Plaintiff Anne Gichanga ("Gichanga") was admitted to The Gardens of Riverside, LLC ("The Gardens") due to advancing dementia and need for assistance with all activities of daily living. (Comp'. '1 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's res-dency at The Gardens, she died after being permitted to wander into the outdoor courtyard ar...