Excerpt: ...008 he and Eduardo formed Lalo's Auto Repair, LLC (“LLC”). In 2015, Eduardo hired Araceli Gomez (“Araceli”) to work for the LLC. The parties began to have disagreements and in 2016, Eduardo informed Plaintiff that he no longer wanted to be business with him and created a new business, Lalo's Auto Services & Repair, Inc. (“Lalo”). Eduardo has filed a first amended cross‐complaint against Michael and Julio Rodriguez (“Rodriguez”)....

Excerpt: ...91 freeway. Defendant Ronnie Alex Sr. Jewell was traveling eastbound on the 91 freeway when Jewell's car veered to the right shoulder and collided with the vehicle occupied by Plaintiff. Plaintiff alleges that Jewel negligently operated his car, including failing to keep a proper lookout for other cars and making an unsafe turning movement in violation of Vehicle Code §22107. Plaintiff also alleges that Castaneda impeded traffic in violation of ...

Excerpt: ...sion Larue II Limited Partnership and Mission Larue Limited Partnership filed a cross‐complaint for indemnity, contribution, comparative fault and declaratory relief against Plaintiff, Myles McIntosh and Leecy Pierce. They assert that Plaintiff suffers from medical conditions that deemed him a fall risk, and that Myles McIntosh and Leecy Pierce should have known that risk and not allowed him to go out for the walk. On 12/4/17 and 6/13/18, Defen...

Excerpt: ...enjoined. Her FAC allegations include the failed securitization of her mortgage loan, invalid and/or void assignments of the underlying Note and DOT, and Defendants' lack of standing to foreclose. The FAC alleges 5 causes of action: (1) Wrongful Foreclosure (against US BANK, OCWEN and WESTERN PROGRESSIVE); (2) Unfair Business Practices (B&P §17200 et seq.) (against ALL DEFENDANTS); (3) Fraud by Deceit (against US BANK, MERS); (4) Fraud (Deceit) ...

Excerpt: ...laintiff fails to allege sufficient facts showing extreme or outrageous conduct. 16th – 22nd causes of action: OVERRULED. Plaintiff alleges sufficient facts in support of these claims. The motion to strike is GRANTED with 20 days' leave to amend. Plaintiff fails to plead sufficient facts showing malice, oppression or fraud giving rise to a claim for punitive damages. (See below.) With respect to Co‐ defendants Infinity Energy, Inc. and INFY C...

Excerpt: ...s THE PRESERVE, LLC, which is in Chapter 7 Bankruptcy. Defendant JOHN J. MENCHACA is the Bankruptcy Trustee for The Preserve Estate. A Deed of Trust recorded against the Property on 10/23/06 identifies Defendant NATIONAL FINANCIAL LENDING LLC (NFL) as Trustee, and NFL also holds a 24% interest in that DOT. In an Orange County Superior Court action (Gomberg vs. National Financial Lending, LLC, Case No. 30‐2015‐00796029), RICHARD K. DIAMOND was...

Excerpt: ...him to the emergency department of Loma Linda University Medical Center. Upon arrival at the hospital, Roderick Williams was unresponsive or unconscious. Two days later, while still in ICU, Roderick Williams died. Petitioners Demajay Williams, Destiny Williams, Jodi Williams and Tammy Johnson Williams (Petitioners) believe that Roderick Williams died because of injuries sustained while in the custody of City of Menifee and County of riverside. On...

Excerpt: ...laintiffs”) allege that, on December 21, 2006, they obtained a mortgage loan from Family Lending Services, Inc. (“FLS”) in the amount of $596,600, which loan was secured by a deed of trust on property (“DOT 1”) located at 8211 Fieldstream Court in Corona (“subject property”). (First Amended Complaint (“FAC”), ¶¶ 12, 13.) Plaintiffs also obtain a second loan in the amount of $149,150, secured by a second deed of trust on the su...

Excerpt: ...sue with respect to KMC and HMC. Goehring v. Superior Court (1998) 62 Cal. App. 4th 894, 911. SUMMARY OF MATTER On May 28, 2012, Plaintiffs Jose and Alicia Enriquez (“Plaintiffs”) purchased a 2012 Kia Optima, which was manufactured and/or distributed by Defendant Kia Motors America (“KMA”). Plaintiffs received a 5‐year warranty at the time of purchase. Plaintiffs allege that during the warranty period, the vehicle developed numerous def...

Excerpt: ...ed to offer him alternate dispute resolution, which is required by Civil Code § 5705(b). It failed to properly vote on commencing foreclosure proceedings on his property and he was not personally served with the notice of default. Association sold the property at a trustee's sale to Wedgewood, Inc. for $108,100.00 on 5/23/18. The trustee's deed upon sale was recorded on 9/11/18. However, on 9/18/19, a notice of rescission of the trustee's deed u...

Excerpt: ...k by an outward swinging door on two separate occasions (1/16/18 and 11/23/18.) She filed her Complaint on 3/6/19 alleging two causes of action for negligence and two causes of action premises liability. By this Motion, Defendant seeks to strike Plaintiff's claims for punitive damages. Defendant claims the allegations of the Complaint do not support a claim for punitive damages against a corporate defendant and does not allege any sufficient fact...

Excerpt: ...hout merit, and plaintiffs are entitled to a further response without objection within 20 days. Sanctions are awarded against defendant in the amount of $2,250.00 ($450 x 5 hours) in attorney's fees, along with the filing fee of $90.00, for a total of $2,340.00. SUMMARY OF MATTER Background & Relevant Procedural History: This action concerns a death that occurred at a restaurant in Riverside. Plaintiffs allege that Jermaine Horn (deceased) was a ...

Excerpt: ...n April 8, 2019, against defendants Thomas Built Buses, Inc., (“Thomas Built”), Daimler Trucks North America LLC (“DTNA”). A‐Z Bus Sales, Inc. and Goodyear Tire & Rubber Company (“Goodyear”). Plaintiff, who worked as a bus driver for the Jurupa Unified School District, alleges that she was injured on March 8, 2017, while driving a Thomas Built Bus when a rubber hose manufactured by Goodyear burst and sprayed hot coolant on her. The ...

Excerpt: ...er (“IVMC”). He contends that Amy Collie (“Collie”), Plaintiff's former wife, and Joanna Longe Webster (“Joanna”), his current wife, wrongfully obtained his medical records from IVMC, altered said records, and disseminated them to third parties. Collie and Joanna allegedly made false and disparaging statements to third parties in the parties' community that Plaintiff was a drug addict and a cocaine addict. Collie and Joanna filed a sp...

Excerpt: ...ifornia, County of San Bernardino (“San Bernardino”) as a District Manager 1. She contends that one month after being promoted to this position in January 2015, her supervisor went on medical leave and she was required to assume her supervisor's duties without training. She contends that she was blamed for a couple of incidents that she had no involvement in (a meeting involving an employees' requesting to engage in the interactive process un...

Excerpt: ... nature of the responsive documents, the parties may enter into a stipulated confidentiality/protective order. FACTS AND PROCEDURAL HISTORY Plaintiffs filed the complaint in this lemon law case on 8/21/18 against defendant General Motors, LLC (“Defendant”). The action arises out of the Plaintiffs' purchase of a 2011 Buick Regal (the “Vehicle”). The complaint sets forth causes of action under the Song‐Beverly Consumer Warranty Act for br...

Excerpt: ..., the Court overrules the objection. As to Defendant's objection to the declaration to Philip Rosescu, the Court sustains the objection to #1, #2, #3, #9, #10, #18, and #19. All other objections are overruled. SUMMARY OF MATTER Plaintiff Carolyn Mattson alleges that on 2/24/16, she was assisting Defendant Feeding America Riverside in offloading bales of cardboard from a baler when an agent placed a pallet directly behind her. When Plaintiff turne...

Excerpt: ...endant's request to modify the dates of the settlement agreement. SUMMARY OF MATTER The complaint contains one cause of action for quiet title. Plaintiff Pablo Moreno (“Plaintiff”) contends that he purchased property in Moreno Valley that contained multiple dwellings on it. He asserts that sometime after he purchased the property, defendant Oscar Munoz' (“Defendant”) name was added to title as a result of some undisclosed fraud and deceit...

Excerpt: ...aragraph 11 and the sub‐parts of the Complaint, but was not provided tenure. Plaintiff has film projects using LGBT actors and characters, and she complained, she was treated worse than younger, male, and heterosexual employees. In May 2017, when two tenured positions became available, lesser experienced, male and heterosexual employees were promoted. When she interviewed, she contends it was hostile as she was labeled “inflexible” and not ...

Excerpt: ...each of Express and Implied Warranties), Negligent Misrepresentation, and Negligence. A Notice of Unconditional Settlement of Entire Case was filed by Plaintiffs on 11/09/18, and an OSC Re: Dismissal was set for 1/04/19. When no timely declaration was submitted, the Court dismissed the entire action with prejudice on its own motion on 1/02/19 pursuant to Local Rule 3116 (Notice given by Clerk on 1/02/19). Plaintiffs filed a motion for attorney's ...

Excerpt: ... an order awarding them $17,030 attorney's fees and $1,235.30 costs, pursuant to CC §1794(d). Plaintiffs note that after months of litigation, Defendants agreed to buyback the subject vehicle, and the parties reached a settlement agreement which explicitly designated Plaintiffs as prevailing parties entitled to fees and costs (Declaration of attorney Fhima §22). The Fhima and Socher Declarations attest to the requested fees and costs. Defendant...

Excerpt: ... the contents of those documents. The Court grants the other defendants' joinder in the demurrer and motion to strike. The Court sustains the demurrer, without leave to amend. Based on the prior litigation in Gary Valbuena v. Ocwen Servicing, LLC, et. al., RIC 1604457, Plaintiff is collaterally estopped from raising the same issues in this action. Based on this ruling, the Court finds that the motion to strike is moot. SUMMARY OF MATTER: Plaintif...

Excerpt: ...cated at 2895 Hamner Avenue in Norco, which it leased on 11/15/13 to Defendant, S&S Venues California, LLC (S&S) for a term of ten years, with options to extend the lease term. Plaintiff alleges that Defendant, Sportech Venues, Inc. (Sportech) is part of an international betting technology business that owns and operates restaurants/sports bars. Plaintiff alleges that S&S and Sportech represented that they planned on using the premises for a “s...

Excerpt: ...ract action. Plaintiff, West Coast Management, LLC (“plaintiff” or “West Coast”), alleges on 5/8/17, it purchased an option to buy the real property located at 1990 Murrieta Road in Perris (“subject property”) from defendants Victor Bijasa and Zenaida Bijasa (collectively, “Bijasas” or “defendants”). Plaintiff alleges that it located new buyers and exercised the option, but sellers have refused to perform the agreement. The se...

Excerpt: ...es on patients including having uninvited contact with her breasts. Plaintiff alleges that she reported the inappropriate behavior to her employer, Defendant San Gorgonio Memorial Hospital (“Hospital”), but no remedial action was taken. Plaintiff filed her First Amended Complaint (FAC) alleging causes of action for: (1) sexual harassment; (2) failure to prevent discrimination and harassment; (3) failure to correct and remedy discrimination an...