Excerpt: ... Vista del Lago High School (“High School”) in the Moreno Valley Unified School District (“defendant” or “District”) at the time of the alleged sexual battery by another minor student, J.M., who also attended the High School. Plaintiff alleges that she was at the time of the events described in the complaint in the High School's special needs 1 Notably, while not binding on this Court, federal courts considering Felisilda, have overwh...

Excerpt: ...laint”) in this action on June 8, 2022 against defendant Nissan North America, Inc. (“Nissan”). On March 8, 2018, Plaintiff purchased a new 2018 Nissan Sentra (the “Vehicle”), which was backed by express warranties. (Complaint, ¶¶ 8‐9.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that the Vehicle developed other defects and nonconformities within the warranty period – i...

Excerpt: ...nd Cassandra Churchill (collectively “Churchills”) via a short sale. The property was encumbered with two secured loans. The first was for $481,500.00 from BNC Mortgage, Inc. (“first loan”) and the second for $45,000.00 from GMAC Mortgage Corporation dba ditech.com (“GMAC”) (“second loan”). Plaintiff alleges that as part of the short sale negotiations, Plaintiff and the Churchills negotiated a $20,000.00 payout to satisfy the seco...

Excerpt: ... this action against multiple defendants, including Defendant Church of Jesus Christ of Latter‐Day Saints (the “Church”) for their alleged involvement in the alleged sexual assault. On September 3, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”), alleging (1) negligence, (2) negligence – assumed duty, (3) sexual abuse, and (4) intentional infliction of emotional distress (“IIED”). Plaintiff alleges that she wa...

Excerpt: ...efendant”). Plaintiff alleges that Defendant failed to meet her payment obligations under a student loan. The FAC sets forth a single cause of action for breach of contract. Plaintiff seeks to recover the principal balance of $55,053.82, plus interest, late charges and attorney fees and costs. Defendant now demurs to the Complaint and argues that Plaintiff has no standing to collect the debt because it was not properly licensed as a debt collec...

Excerpt: ... subpoena to: 1. Any account statements issued by East West Bank accounts during the RELEVANT PERIOD for any bank accounts held by LEGEND, including but not limited to monthly statements, ledgers, profit and loss statements, revenue statements, account summaries, and/or any other documents that refer to or memorialize the deposit, transfer, withdrawal, or wiring of funds to and from the accounts, including any payee, beneficiary, cosignee, or col...

Excerpt: ...d set of Specially Prepared Interrogatories (“SROGs”) on Plaintiff. (Lal Decl. ¶ 2, Ex. A.) Plaintiff's responses to this discovery was due by August 13, 2022. (Id. at ¶ 3.) On August 17, 2022, after Plaintiff failed to respond by the deadline, Defendants sent a meet and confer letter, asking Plaintiff to provide complete and verified responses to all outstanding discovery requests, without objections. (Id. at ¶ 4, Ex. C.) On August 25, 20...

Excerpt: ...tia and need for assistance with all activities of daily living. (Compl. ¶ 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's residency at The Gardens, she died after being permitted to wander into the outdoor courtyard area, unsupervised, in blistering heat conditions. (Id. at ¶¶ 28–51.) The cause of her death was determined to be environmental heat exposure. (Id. at ¶ 48.) On March 2, 2022, Plaintiffs filed a Complaint a...

Excerpt: ...d Employment Form Interrogatories (Set One). Said responses to each motion shall be served within 20 days. Monetary sanctions are imposed against Defendant in the amount of $1,275.00 for each motion. Said sanctions to be paid in 60 days. Factual / Procedural Context: Plaintiff Claudia German alleges Defendants La Floure, LLC and Joe DiBenedetto employed her as a prep chef and cashier. After Plaintiff became pregnant and could no longer lift heavy...

Excerpt: ...Permit or Conditional Use Permit (CUP). One exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obtained a General Plan Amendment. A meeting occurred between Plaintiff and Merrill, but no change occurred. Plaintiff filed this action on 8/5/19. After the Court granted in ...

Excerpt: ...red to meet and confer regarding the deficiencies in the responses and file a motion it compel supplemental responses to any discovery still at issue. However, if the meet and confer efforts are not successful, the Court invites the parties to contact the Court Clerk to schedule an Informal Discovery Conference, (IDC) to be conducted by Zoom, prior to filing another motion. Factual / Procedural Context Plaintiff alleges on 9/13/21, she was attack...

Excerpt: ...grandparents may be present, but not interviewed, during the examination. The Motion to Compel Further Responses to Special Interrogatories is granted in its entirety. The request for sanctions is denied. Factual / Procedural Context: X.H. (“Plaintiff”) was a minor and student at Vista del Lago High School (“High School”) in the Moreno Valley Unified School District (“defendant” or “District”) at the time of the alleged sexual bat...

Excerpt: ...ny relief under the Song‐Beverly Act as required. (Compl. ¶ 19; Lopez Decl. ¶ 2.) 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‐Beverly Act; (3) violation of Song‐Beverly Act § 1793.2; and (4) negligent repair. On July 19, 2022, Plaintiffs moved to compel furthe...

Excerpt: ...d William Youngblood Insurance Agency to procure liability insurance coverage, who recommended and procured insurance through Defendant The Burlington Insurance Company. Plaintiff had a distribution agreement with nonparty Leisure Electronics, LTD, a UK company, and it agreed to indemnify Leisure. Leisure leased the PHDs to Beacon Bingo, who subsequently suffered fire losses due to a PHD battery. Beacon made a claim against Leisure, who subsequen...

Excerpt: ...eatment after a pregnancy and then testing Covid‐positive. The 11/23/21 complaint pleads 6 causes of action under the Fair Employment and Housing Act (FEHA), retaliation under Labor Code section 1102.5, wrongful termination in violation of public policy, and failure to pay overtime. The moving party, Kamran Staffing, Inc. (Kamran), answered on 1/13/22. Two other defendants, White Horse Logistics and Transportation, Inc., and GCE International, ...

Excerpt: ...Forman (Plaintiff) entered into a warranty contract for a 2019 Chevrolet Bolt (“subject vehicle”) manufactured by Defendant General Motors, LLC. (FAC ¶ 6.) Plaintiff alleges that the subject vehicle was delivered with serious battery defects that Defendant was aware of and failed to disclose. (FAC ¶¶ 21‐39.) Plaintiff provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle. (FAC ¶ 39.) Plaint...

Excerpt: ...ess, Petitioner was required to write each subcontractor's name, license number, and work scope on a subcontractor list for each and every subcontractor who would perform work valued at more than .5% of the contract value. This information was provided to comply with the California Subletting and Subcontracting Fair Practices Act (“Listing Law”). Years after the bid and original subcontract list was provided by Petitioner, the Respondent rais...

Excerpt: ...used its discretion when it denied Plaintiffs' request that the Court issue a written Statement of Decision per CCP section 632. Plaintiff has also complained that the Plaintiffs were prevented from having a fair trial, and that in so doing that the Court abused its discretion in both the denial of issuing a Statement of Decision and in its ruling for Judgment for the Defendant. For the reasons stated below, the Court denies the motion for a new ...

Excerpt: ...ussed in Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2018), § 8:2145 et seq., once a party or witness has been ordered to attend a deposition, or to answer discovery, or to produce documents, more severe sanctions are available for continued refusal to make discovery (e.g., CCP §2030.300(c), §2031.310(i)). CCP §2023.010(g) makes “disobeying” a court order to provide discovery a misuse of the discovery p...

Excerpt: ...NSES TO REQUEST FOR ADMISSIONS SET TWO BY X.H. Tentative Ruling: Page 8 of 14 The Motion to Compel Further Responses to RFP is granted as to 42 and 43 and denied as to 31, 32, 46, 48, 49, 51, 54‐61. The Motion to Compel Further Responses to Special Interrogatories is granted in its entirety. The Motion to Compel Further Responses to RFA should be granted as to 2, 6, 7, 12, 14, 17 and 26 and denied as to RFAs 5, 8, 9, 10, 11, 15, 18, 20, and 25....

Excerpt: ...efendants Elena R. Summerlin, P.A. and Todd C. Hanna, M.D. The Court denies/overrules Defendants' evidentiary objections. Factual / Procedural Context: This is a medical malpractice action filed against various medical professionals who treated Plaintiff. As to the Moving Defendants, Plaintiff alleges a failure to properly diagnose a spinal abscess and for causing a delay in the proper diagnosis that resulted in worsening of the condition. Plaint...

Excerpt: ... of promissory notes. Plaintiff Mohtasham Shalikar and Defendant Mohammad Shalikar are brothers and co‐own several real estate properties together. Apart from properties they own together, Defendant, Mohammad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust,...

Excerpt: ...hich trailer was manufactured and distributed by defendant Thor Motor Coach, Inc. dba Jayco, Inc. (“Jayco”). Plaintiff alleges the trailer was defectively manufactured, designed and/or assembled relating to the main function of the trailer, along with mechanical and battery charging issues, and that Defendants were unable to fix the defects despite numerous attempts. Plaintiff alleges the trailer has been out of service to Plaintiff for at le...

Excerpt: ...ka Reynaldo Galloway aka Ronaldo Galloway (“defendant” or “Galloway”) reduced her potential inheritance when he transported her then‐elderly father (Solomon Galloway Jr.—now deceased), who had been adjudged legally incompetent at the time, to a third party to create a fraudulent trust (“Trust”). Plaintiff alleges her father was unaware that he was signing a trust naming defendant as the trustor. Plaintiff alleges that when her fat...

Excerpt: ...ons. Procedural History The instant action arises out of a car accident. Joshua Gonzales (“Joshua”) owns a Tesla X that was being driven by Michael Ulloa (“Michael”). Maryann Reina (“Maryann”) owns a Lexus IS 250, which was being driven by Melissa Reina (“Melissa”). At the time of the accident, Michael and Melissa were in a relationship. Joshua alleges Maryann and Melissa rear‐ended his vehicle, which caused him to lose use of t...

Excerpt: ...Second Street‐LLC and American R.V. and Boat Storage (“defendants), as well as defendant Richard Fell dba Fell Capital Management (“Fell”). The complaint states two causes of action: 1. Violation of Page 3 of 6 the California Self‐Service Storage Facility Act; 2. Violation of Business and Professions Code section 17200. Plaintiffs filed Proofs of Service on 8/17/20, indicating that each of the defendants had been served by personal serv...

Excerpt: ...nt and argues otherwise, the Court shall continue this trial to March 3, 2023, at 8:30 am in Dept 3. The Court grants Plaintiff's request for judicial notice. Factual / Procedural Context: The operative pleading is the Second Amended Complaint (SAC) filed on 4/30/19 for: (1) declaratory relief; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) professional negligence; and (5) breach of oral contract. T...

Excerpt: ...Dodge Chrysler Jeep Ram (“Dealership”). The Subject Vehicle was manufactured and/or distributed by Defendant FCA US, LLC (“Defendant” or “FCA”). Plaintiff received various warranties, including a 3‐year/36,000 miles bumper to bumper express warranty and a 5‐year/100,000 miles express powertrain warranty, which covers the engine and transmission. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonco...

Excerpt: ...greement”) with Defendant Bedazzling Beaumont, LLC (“Bedazzling”) and its owner, Reid Bradley (“Bradley”) (collectively “Defendants”), whereby Plaintiff agreed to purchase, and Bedazzling agreed to sell a fitness facility called Anytime Fitness (“Anytime” or “Gym”). Plaintiff alleges Defendants knew that Planet Fitness, a national chain that operates thousands of gyms, intended to open a Planet Fitness across the street from...

Excerpt: ...nied by an exclusion form that the class member may use. The order shall provide that any exclusion form shall be submitted to the settlement administrator rather than filed with the court. The order shall not require the class member to send copies of the exclusion form to counsel, but may require the settlement administrator to do so. The order shall provide that the settlement administrator shall file a declaration concurrently with the filing...

Excerpt: ...he was subjected to years of rape and molestation by her stepfather, Defendant Richard Fitzgerald (“Fitzgerald”). She alleges that she reported the abuse to bishops from Defendant The Church of Jesus Christ of Latter‐Day Saints (the “Church”) as a teenager, but the Church did not report the abuse nor take action against Fitzgerald. She alleges that she suffered genital mutilation from the abuse. (Trepanier Decl. ¶ 12, Ex. D.) She also ...

Excerpt: ...y Hills Plaza, LLC (“Cherry Hills”). Plaintiffs contend that on 6/24/20, they attempted to exercise their right to inspect the books and records of Cherry Hills as set forth in the Operative Operating Agreement and Corporations Code §§ 17704.10 and 17701.13. Cherry Hills' manager, Stephen M. Tapley (“Tapley”) (who is also a shareholder), has allegedly failed to comply with this request. Tapley has also called a special meeting to vote o...

Excerpt: ...l Medical Center (“CRMC”). Plaintiff is a physician on the Medical Staff at CRMC (the “Medical Staff”). The Medical Staff is governed by the Medical Staff Bylaws (“Bylaws”). (Defs.' Separate Statement of Undisputed Material Fact [“DSSUMF”] ¶ 7.) Under the Bylaws, the Medical Executive Committee (“MEC”) is responsible for overseeing the Medical Staff. (Id. at ¶ 1.) Plaintiff was allegedly involved in various altercations with...

Excerpt: ...he aftermarket filters that they produced. Plaintiff believes that Defendant's intention with these false statements is to cause California consumers to stop purchasing Plaintiff's air filters, and instead purchase Defendant's replacement air filters, enticed by the false representations. The operative pleading is the first amended complaint, which followed the Defendant's original demurrer. Like the prior complaint, the FAC also asserts one caus...

Excerpt: ... the driver working through the Lyft app, picked her up, drove her to a place several miles away from her intended destination, and “engaged in sexual intercourse with her at a time when she was intoxicated and had no capacity to consent.” (FAC, ¶8.) The First Amended Complaint alleges causes of action for (1) sexual battery (against Lyft and Soliman); (2) civil battery (against Lyft and Soliman); (3) intentional infliction of emotional dist...

Excerpt: ...CCP § 426.16 in the amount of $16,650.00 and costs of $151.11. Factual / Procedural Context: Now before the Court are two separate fee motions filed by Cross‐Defendants after prevailing on their respective anti‐SLAPP motions. The original underlying action is for wrongful termination based on various alleged violations of the California Fair Employment and Housing Act (“FEHA”) and the Labor Code. Plaintiff/ CrossDefendant Claudia German ...

Excerpt: ...all be taken off calendar due to the proposed amendment, but the Court orders the parties to appear to discuss future dates. Factual / Procedural Context: Plaintiff Rosalie Jones filed this action regarding a used 2013 Chrysler 300 that contained defects to the powertrain (engine/transmission) and electrical system. The complaint, filed on 5/27/21, asserts: (1) Civil Code §1793.2(d); (2) Civil Code §1793.2(b); (3) Civil Code §1793.2(a)(3); (4)...

Excerpt: ...errogatories, set one and Form Interrogatories, Employment Law, set One, and the motion to compel RCOE to respond to Requests for Production of Documents, set one. Said responses shall be served, without objections, within 10 calendar days. For the reasons stated below, the Court denies Plaintiff's request for sanctions. Facts/Procedure This is an employment discrimination action. Plaintiff propounded form interrogatories, set one, form interroga...

Excerpt: ...guez, Michelle Arvelo, Raymond Anthony Garcia, Jose Ortez and Dylan Hainult (collectively “Plaintiffs”) are tenants of a multi‐family residential building in Riverside (“Property”). The property is owned and/or managed by Defendants Group V. San Bernardino and Pama Management, Inc. (“Defendants”), as well as Co‐Defendant Pro Management Company, Inc. dba Pro Management Company XIV, Inc. Plaintiffs allege that the Property is mainta...

Excerpt: ...on 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, where lead care was designated to Defendant David Fukada, M.D. Decedent had run out of Xarelto, but Defendants had failed to deliver it and decedent ultimately suffered a massive stroke, and ultimately died. Plaintiff file...

Excerpt: ...ff submit a declaration and evidence verifying the amount of attorney fees and costs; the Defendant shall be permitted to provide a written response. The Court orders the parties to appear to discuss a future date. Facts/Procedure On 11/02/21, the Court issued a written ruling on Plaintiff's motion for summary adjudication as to Plaintiff Espinoza against Defendant Leslie Frias. The Court ruled in favor of Plaintiff on Plaintiff's first cause of ...

Excerpt: ...ithin 30 days, to be taken by Zoom or other similar remote method. The Court denies the request for monetary sanctions. The Court grants the motion to deem matters admitted as to Defendant Request for Admissions, set two. The Court denies Defendant's request for monetary sanctions. Factual / Procedural Context: Plaintiff Joseph O. is a minor and has been diagnosed with autism, schizophrenia, and bi‐polar disorder. Plaintiff takes medication to ...

Excerpt: ...iven by his uncle, Darnell Florence, that was rear‐ended by a tractor‐trailer driven by Defendant Kieran McCall and owned by his employer, Defendant C. Vermeer Transport, Inc. Mr. Harris was tragically killed. Plaintiff Ward has asserted negligence based claims against Defendants C. Vermeer and McCall and a claim for dangerous condition of public property against Defendant County of Riverside. On 7/14/22, after a hearing on various discovery ...

Excerpt: ...y September 12, 2022. The Court will not accept further briefing. The Court shall continue the TSC/OSC re service of cross‐defendants to the same date listed above. Factual / Procedural Context: The instant action arises out of a car accident. Joshua Gonzales (“Joshua”) owns a Tesla X that was being driven by Michael Ulloa (“Michael”). Maryann Reina (“Maryann”) owns a Lexus IS 250, which was being driven by Melissa Reina (“Melissa...

Excerpt: ... 6.) Plaintiff alleges that, during the warranty period, the vehicle contained or developed defects, including but not limited to (1) defective body system, (2) defective steering system, (3) defective display system. (Complaint, ¶ 12.) It is alleged that Plaintiff provided Defendant and its representatives sufficient opportunity to service or repair the vehicle, but they were unable to do so within a reasonable number of attempts. (Complaint, �...

Excerpt: ...Water Company (BHMWC) supplies water to that area; plaintiffs inquired of BHMWC and were told it could not provide water. BHMWC said the Jarmans would need to become shareholders in order to receive a “Will Not Serve” letter, which is necessary to get water service from another provider. At BHMWC's instruction, the Jarmans paid all debts owed by the previous owner, got a deed in their names, and bought 131 shares in BHMWC. From March 2018 to ...

Excerpt: ..., INC. VS CITIZENS BUSINESS BANK CITIZENS BUSINESS BANK'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF WRF INVESTMENT INC.; REQUEST FOR SANCTIONS RIC2002365 WRF INVESTMENTS, INC. VS CITIZENS BUSINESS BANK CITIZENS BUSINESS BANK'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF TAO "SARAH" WANG; REQUEST FOR SANCTIONS RIC2002365 ...

Excerpt: ...ies to appear to discuss a future date for trial. Factual / Procedural Context: Plaintiff Danielle Johnson (“plaintiff” or “Johnson”) alleges that on 6/3/20, defendant Douglas Roger, M.D. (“Dr. Roger”) performed surgery on her for a right ankle fracture. Plaintiff alleges that Dr. Roger was the agent of defendant Desert Regional Medical Center dba Institute of Clinical Orthopedics and Neurosciences (erroneously sued as Institute of Cl...

Excerpt: ...nst an occupant that continues to reside in a dwelling following a sale after a deed of trust per CCP § 1161a. Plaintiff alleges that the subject property was sold to Plaintiff in accordance with section 2924 of the Civil Code, under a Power of Sale contained in a Deed of Trust, executed by the defendants herein, and title under the Sale has been duly perfected in Plaintiff. (Complaint, ¶ 6.) Defendant Mondragon has brought two motions: (1) a m...

Excerpt: ... were not moot, for the same reasons the Court is denying the motion for attorney fees, the Court would have granted Defendants' motion to tax costs. Factual / Procedural Context Plaintiff Wesley Steven Brim (“Plaintiff”) filed the complaint in this action on February 13, 2019 and the operative second amended complaint (“SAC”) on February 19, 2021 against defendants County of Riverside, City of Moreno Valley, Michael Thomas Koehler, Serge...

Excerpt: ...ica, which was manufactured by FCA US LLC (“FCA”). Plaintiffs allege the subject vehicle was sold with express and implied warranties but had non‐conforming defects, which could not be repaired after FCA was given repeated opportunities. The defects included a faulty fuel pressure sensor and fuel leaks. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and implied warranties. Plaintiffs also allege t...

Excerpt: ...ure their supplemental declaration in the Page 6 of 7 same order as the CMO or provide a chart showing where all information required by the CMO can be located. Factual / Procedural Context: Petitioners George Padilla and Sharon Moreno, individually and on behalf of others similarly situated, bring this action to stop and remedy Respondent, Mission Springs Water District's (MSWD) ongoing illegal practice of overcharging customers for water servic...

Excerpt: ... Defendant was personally served at her home on December 12, 2020. Defendant failed to timely respond, and default was entered on January 27, 2021. Default judgment was entered on August 4, 2021. Defendant, in pro per, now moves to set aside the default judgment. Plaintiff opposes. Analysis: While there are a number of procedural issues with Defendant's motion, including service issues, the Court finds that Plaintiff is deemed to have waived any ...

Excerpt: ...ers that at least 10 days prior to the next hearing, the parties either (1) submit a joint declaration identifying that the issues that still remain, and (2) provide further evidence as to the timing of the inspection, close of escrow and alleged breaches by each party. Factual / Procedural Context: This is a breach of contract/specific performance case for the purchase of real property. Plaintiff Martina Sierra alleges she and Defendant Curtis S...

Excerpt: ...ers Liability Insurance coverage and Commercial Auto Insurance coverage, provided British Nutritions LLC and dba BNLabs with an Insurance Policy No. A0093418 for the period of 2/l/2018 through 2/1/2019, which was subject to an audit and recomputation of its premium. Per the 2018 Policy, Sentry Insurance was authorized to examine and audit all records that relate to the 2018 Policy. (UMF no. 2.) An audit conducted by Plaintiff established that the...

Excerpt: ...rance through Defendant The Burlington Insurance Company, (Burlington). Plaintiff had a distribution agreement with nonparty Leisure Electronics, LTD, a UK company, and it agreed to indemnify Leisure. Leisure leased the PHDs to Beacon Bingo, who subsequently suffered fire losses due to a PHD battery. Beacon made a claim against Leisure, who subsequently made a claim against Plaintiff. Plaintiff alleged that Burlington knew that the cause of the f...

Excerpt: ... driver for defendant Sunshine Transit Agency (“defendant” or “Sunshine Transit”) since 1989. Plaintiff alleges he is a black male and was subjected to racial discrimination and harassment, as well as age discrimination and that he was retaliated against. Plaintiff also alleges defendant failed to prevent the discrimination, harassment and retaliation. Plaintiff alleges that defendant assigns experienced drivers the opportunity to train n...

Excerpt: ...ry (“Dental Office”) on November 3, 2017, at which time defendant Sherly Sohal, DDS (“Dr. Sohal”) placed temporary dental crowns. (Second Amended Complaint (“SAC”) ¶ 14.) Permanent crowns were placed several days later, on November 8, 2017 and adjusted on November 15, 2017. He continued to experience dental pain. (SAC, ¶¶ 15‐18.) On February 12, 2018, he returned to the Dental Office, complaining of bleeding gums that were tender...

Excerpt: ...Sales in California since January 2019. (Rayan Decl. ¶ 2.) On March 5, 2021, Plaintiffs filed a Complaint against Defendant alleging violations of the SongBeverly Consumer Warranty Act, negligent repair, and fraudulent inducement‐concealment. The Page 4 of 8 Complaint named Defendant Fatima Rayan as “Rayan Fatima, d/b/a Best Value Auto Sales.”1 On March 22, 2021, Plaintiffs served the Complaint, Summons, and other documents on Defendant. O...

Excerpt: ... should go forward. Statement of Facts and Motion This lawsuit arises out of a lien priority dispute as to the real property located at 3824 Saint Austell Way, Perris, California 92571 (the “Subject Property”) owned by Defendants and CrossDefendants STEVEN and ROBYN E. WILBANKS. Defendant/Cross‐Defendant Amos was assigned a junior deed on 12/15/14. KEYBANK subsequently recorded a recession of the reconveyance of the junior DOT. AMOS claims ...

Excerpt: ...shall be served within 20 days from today's date. The Court denies the requests for sanctions. 2. With respect to the motions to compel further responses to special interrogatories and request for production of documents, (other than RFP no. 1), the Court on its own motion shall continue these motions to September 14, 2022 at 8:30 am in Dept 3. The Court orders the parties to engage in meaningful meet and confer efforts in order to narrow the dis...

Excerpt: ...xpress and implied warranties but had non‐conforming defects, which could not be repaired after FCA was given repeated opportunities. The defects included illumination of the check engine light, not starting, exhibiting a fuel smell, and requiring the software in multiple modules to be reprogrammed subject to various electrical‐related recalls. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and impl...

Excerpt: ...i is moot. Factual / Procedural Context: This is a medical malpractice/wrongful death action. Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, (“Plaintiffs”) filed the complaint in this action on May 31, 2019 and the operative second amended complaint (“SAC”) on June 1, 2020 against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (�...

Excerpt: ...ecl. ¶ 6.) Prior to the admission, Plaintiff Cathy Bedwell (“Bedwell”), Gichanga's daughter, signed a document entitled “Admission Agreement,” which contained an arbitration clause (“arbitration agreement”). (Reyna Decl. ¶ 3, Ex. 2.) It should be noted that the parties to the agreement were Meridian Senior Living, and Meridian Gardens of Riverside, Anne Gichanga as the “Resident” and Cathy Bedwell as “Authorized Representative...

Excerpt: ...lunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. On June 15, 2021, the Complaint in this action was filed by Plaintiffs Jose Victor Lopez and Juan Esteban Justinico Tovar, who are the surviving spouse and son of the decedent, Monica Lopez, for wrongful death and personal injury. The action named Perea and other entity defendants. Since then, multiple suits by o...

Excerpt: ...et”) when she slipped and fell on water on the floor. Plaintiff alleges that the water leaked from a defective refrigeration unit (“Unit”) manufactured and sold by Defendant Hussman Corporation (“Hussman”). Plaintiff alleges that Target failed to properly maintain the Unit and allowed ice to accumulate without a collection tray to hold accumulating condensation. Plaintiff filed the Complaint on June 1, 2020 and the operative First Amend...

Excerpt: ...l malpractice/wrongful death action. Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, (“Plaintiffs”) filed the complaint in this action on May 31, 2019 and the operative second amended complaint (“SAC”) on June 1, 2020 against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Heal...

Excerpt: ...Tabeyang Ndipagbor's motion to set aside the default. This motion may be brought in the San Bernardino Court. The Court thus vacates all future dates, including the Case Management hearing set on July 21, 2022. Factual / Procedural Context: On 6/29/20, Sarah Awu Ndipagbor (“Plaintiff” or “Sarah”) filed a complaint for defamation against Evelyn Ejede Takem Ndipagbor (“Evelyn”) and Tabeyang Ndipagbor (“Tabeyang”) (collectively “De...

Excerpt: ...errogatories 18, 21 and 22 and Request for Production 13, but the scope of the information is limited to the last ten years. 3. Said responses to these requests shall be served within 30 days. 4. The Court denies the Motion to compel further response to Request for Production 14. Factual / Procedural Context: Plaintiff Sonya Ward is one of four individuals who have filed lawsuits following a multivehicle collision that occurred on February 8, 202...

Excerpt: ...s Alberto, Isabel, Ruth and Susana Zumaya (“Plaintiffs”) were in a vehicle traveling on Central Avenue in Riverside when they collided with a vehicle driven by Defendant Joe Sherman Phillips (“Phillips”) and owned and operated by Direct Auction Services, LLC (“Direct”). Plaintiffs allege that Phillips was speeding and failed to yield before making a left‐hand turn. Plaintiffs sustained injuries. On May 19, 2021, Plaintiffs filed the...

Excerpt: ...Amended Complaint (“FAC”), alleging nine causes of action for: (1) breach of contract – specific performance; (2) fraud, misrepresentation and failure to disclose; (3) quiet title; (4) imposition of constructive trust based on breach of contract; (5) partition of real property; (6) unjust enrichment; (7) common counts; (8) declaratory relief; and (9). Before the Court is Defendants' demurrer as to all causes of action. Plaintiff opposes. An...

Excerpt: ...S GOLDEN OPPORTUNITY II HOLDINGS, L.P. JOINDER TO DEMURRER BY MOBILE HOME GROUP II, L.P. Tentative Ruling: The Court overrules the demurrer and denies the motions for joinder. The Court denies the motion to strike. The Court orders the Defendants to file an answer within 30 days. Factual / Procedural Context: Plaintiffs consist of 28 individuals who currently reside, or formerly resided, at Royal Coach MHP in Cherry Valley, which was owned by Def...

Excerpt: ... pursuant to which Plaintiff was to serve as the general contractor for a public improvements contact known as the Norte Vista Sidewalk Improvements (“Project”). During the course of the Project unforeseen conditions and changes to the work and schedule required Plaintiff to perform extra excavation work and spend an additional 104 days working at the project, which resulted in an additional $1,472,105.31 in costs. The City failed to provide ...

Excerpt: ...rom today's date. Factual / Procedural Context Plaintiff Eldon Griffis (“Eldon”) is the ex‐father‐ in‐law of Defendant Paulina Griffis (“Defendant” or “Paulina”), who was married to Eldon's son, Cole Griffis (“Cole”). Plaintiff E&G Management Co. (“E&G”) is a closely held real estate management company owned and operated by Eldon. Eldon and E&G (collectively “Plaintiffs”) allege that, in connection with a Post‐Mari...

Excerpt: ... Wide West Services are suing their former attorneys arising from four various incident. The first incident involved a failed loan modification. Plaintiffs Vinod Kaura and Veena Kaura, as trustees of the Kaura Family Living Trust, and Neil Kaura obtained a loan from Zions First National Bank, secured by a deed of trust and assignment of rents on a residential apartment complex in Indio owned by Plaintiff Valley and Mountain, LLC (VM). Zion later ...

Excerpt: ...��Roger”) performed surgery on her for a right ankle fracture. Plaintiff alleges that Roger was the agent of defendant Desert Regional Medical Center dba Institute of Clinical Orthopedics and Neurosciences (erroneously sued as Institute of Clinical Orthopedics and Neuro Science) (“ICON” or “Hospital”). Plaintiff alleges that Dr. Roger negligently performed the surgery, causing her permanent injury. The complaint states one cause of acti...

Excerpt: ...ba Taqueria 2 Potrillos Restaurant, Epitasio Serbantes, Antonio Barrios, and Juan Carlos Varela, went through the windshield of Plaintiff's vehicle and struck her face. Plaintiff filed the original complaint on January 24, 2019, and the operative First Amended Complaint on June 10, 2019, alleging general negligence and premises liability. Santoyo was added as a defendant as Doe 2. Default was entered against Santoyo, which was subsequently set as...

Excerpt: ...��Curtis”) and his wife, Defendant Maricel Harvey (“Maricel”) by Defendant ABC Foster Family Agency (“ABC”). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulted and molested by Curtis, as well as Defendant Rey Lucero (“Lucero”), who was another foster care minor residing at Harvey House, and Maricel's father, Basilio Orense (“Orense”), now deceased. Plaintiffs Jazmyne Doe (“Jazmyne�...

Excerpt: ...f's discovery responses, and his opposition to the present motion do not identify acts of gross negligence on the part of defendant. (See City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 751.) Factual / Procedural Context: This is a personal injury action resulting from plaintiff Ahmed Mike Abusham (“plaintiff” or “Abusham”) falling while inspecting a vehicle at a vehicle auction operated by defendant Ritchie Bros. Auctionee...

Excerpt: ...) to consider the motion, the Court would find that Real Parties are not eligible to recover attorney fees under CCP section 1021.5, as they personally benefitted financially from the Court's ruling. “An award of attorney fees under Code of Civil Procedure section 1021.5, requires that the claimant show the cost of its legal victory transcended its personal interest.” (Jobe v. City of Orange (2001) 88 Cal.App.4th 412, 419.) Factual/Procedural...

Excerpt: ...de from 3/25/20‐4/8/20, and then Vibra Hospital of San Bernardino, LLC, dba Ballard Rehabilitation Hospital (Ballard) from 4/9/20 to his death on 4/28/20. The complaint alleges decedent was receiving rehabilitative care after a stroke. As to Magnolia, plaintiffs allege that facility subjected decent to dehydration and other lack of care, and then discharged him in a rush because staff had been affected by Covid. They also allege Magnolia follow...

Excerpt: ...ithout prejudice, as being moot since leave is granted. Factual / Procedural Context: Plaintiff Gonzalez alleges that he is 64 years old. While working for Defendant Blue Banner Company, Inc., he sustained multiple work injuries to his back, waist, shoulders, knees, and feet due to the nature of his job. He ultimately sought worker's compensation and requested accommodations, which Defendant denied. After that, his supervisors would scrutinize an...

Excerpt: ...019 until May 2021 when she was constructively evicted. Plaintiff alleges her lease agreement is with Defendant Ridgestone Partners L.P. (Ridgestone) but the Subject Property was owned by Defendants, Ridgestone and Plaza Apartment Investors L.P. (Plaza.) Defendant, FF Properties, LP (FFP), was the property management company hired by Ridgestone and Plaza to manage the Subject Property during Plaintiff's tenancy. Plaintiff alleges she complained a...

Excerpt: ...for $560,073.28. Plaintiff Raceway Ford, LLC (“Raceway”), which is a dealership located on property owned by McCallan, financed the purchase of the billboard through a bank loan. The billboard was manufactured by Defendant Watchfire Sings, LLC (“Watchfire”). The billboard advertises Raceway and all parties were allegedly aware that the billboard was for Raceway's benefit. Raceway and McCallan (collectively “Plaintiffs”) allege that th...

Excerpt: ...ded complaint should also address the issues from the Hyrosen demurrer/motion to strike from 6/15/22.) As to the motion to strike, the Court grants Northgate's motion to strike any reference to Exhaustion of Administrative Remedies (SACC ¶¶ 41‐46), without leave to amend. As to the motion to strike reference to demands for money, the motion is denied. As the Court is granting leave to amend the 3rd cause of action, the motion to strike on thi...

Excerpt: ...ress warranty period, the vehicle developed various defects to various systems including the powertrain, engine, transmission, electrical, and others. Plaintiff presented the vehicle for repairs on three occasions, but the authorized dealers failed to conform the vehicle to the warranties, or to replace it in compliance with the Song‐Beverly Consumer Warranty Act. Plaintiff filed his Complaint on 10/28/21 alleging five causes of action: 1) viol...

Excerpt: ...effect on the listener. The Court declines to rule on Defendants' objections as they were immaterial to this Court's ruling. (CCP § 437c(q).) The Court grants Plaintiff's request for judicial notice. (Evid. Code, §452(c).) Factual / Procedural Context: The decedent, Cecil Kidd, was a recruit of the California Department of Alcoholic Beverage Control. (Defendants' Separate Statement of Undisputed Facts [“Defendants' SUF”], ¶ 1; Plaintiff's ...

Excerpt: ...nt BVE Homeowners Association (“HOA”) and is subject to Covenants, Conditions and Restrictions (“CC&Rs”). Plaintiff alleges that the pursuant to the CC&Rs, a paved emergency access easement runs across her property. Under the CC&Rs use of the easement is restricted to emergency vehicles only. However, Plaintiff alleges that residents of the Bella Vista Estates and their visitors regularly use the easement to enter and exit the development...

Excerpt: ...ouse of Defendant Zumiez Distribution, LLC (“Zumiez”). Employees of Zumiez directed Plaintiff to back his truck into Bay No. 12, where Zumiez employees unloaded goods. Plaintiff alleges that there was a delay of two to three hours. Plaintiff exited his truck and walked to Bay No. 13 to inquire about the delay. While he was talking to a person in the warehouse, a truck driven by Defendant David Garcia Diaz (“Diaz”), within the course of hi...

Excerpt: ...AN BERNARDINO, LLC D/B/A BALLARD REHABILITATION HOSPITAL'S NOTICE OF DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT BY VIBRA HOSPITAL OF SAN BERNARDINO LLC Tentative Ruling: The Court sustains the demurrer as to the elder abuse cause of action with 30 days leave to amend. The Court takes off calendar the motion to strike as moot. Factual / Procedural Context: Plaintiffs Doreen Acra and Pamela Archuleta, individually and successor to Billy Acra (...

Excerpt: ...he Court denies the motion as to RFP No. 3. The Court denies both parties requests for Monetary Sanctions. Factual / Procedural Context: Page 5 of 11 This matter arises out of a motor vehicle accident that occurred on Interstate 10, east of County Line Road, Calimesa, California. On April 4, 2019, Carlos Hernandez Guardado, a co‐defendant, was operating a 2013 Kenworth truck owned by Defendant. At that time, Robert Thomas Guillen, now dismissed...

Excerpt: ... of Limitations; 5. Eighteenth Affirmative Defense, Government Code Section 900; 6. Seventh Affirmative Defense (California Government Code Immunity provisions) are not applicable to plaintiffs Section 1983 causes of action, i.e., Third and Fourth Causes of Action; 7. Defendants' “absolute” immunity and “qualified” immunity defenses, (14th and 15th affirmative defenses) do not apply to plaintiffs Monell claim set forth in Plaintiffs Fourt...

Excerpt: ..., Inc. (“Epic”). The Vehicle was manufactured, sold and/or distributed by Defendants Polaris Industries, Inc. and Polaris Sales, Inc. (collectively “Polaris”). Subsequent to the purchase, Helling delivered the Vehicle to Defendants Madigan Enterprises, LLC, Madigan Motorsports, LLC, Madigan Motorsports 27911 Greenwald Avenue, Perris, CA (collectively “Madigan”) for aftermarket modifications, including body work and electrical work. On...

Excerpt: ... 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. The complaint pleads causes of action for: 1. Bre...

Excerpt: ...ply briefs shall be based on the new hearing date. Facts Plaintiff Santos Vaquerano alleges Defendant James Rojas dba Bayline Holdings fraudulently obtained an interest in Plaintiff's property located at 1430 W. Wilson Street in Banning, recorded fictitious forged deeds of trust against the subject property using sham entities, and has twice improperly initiated foreclose proceedings. Plaintiff alleges Defendant used multiple alter ego corporatio...

Excerpt: ...rike on 6/27/22. The Court orders that any amendments to the cross‐complaint shall be made 20 days after the Court hears Northgate's motions. As to the motion to strike, the Court grants Hyrosen's motion to strike any reference to Exhaustion of Administrative Remedies (SACC ¶¶ 41‐46), without leave to amend. As to the motion to strike reference to damages in the 3rd cause of action, the motion is denied. The Court shall also, on its own mot...

Excerpt: ...open the case by vacating the Judgment entered due to additional new evidence. Facts/Procedural History This is a negligence action. For purposes of the factual and procedural history of this case, the Court shall not recite in detail what has already transpired, but hereby incorporates the statements made in its Ruling on Submitted Matter filed on November 2, 2021. However, for purposes of these two motions, the pertinent facts are as follows: P...

Excerpt: ...Defendant Bedazzling Beaumont, LLC (“Bedazzling”) and its owner, Reid Bradley (“Bradley”) (collectively “Defendants”), whereby Plaintiff agreed to purchase, and Bedazzling agreed to sell a fitness facility called Anytime Fitness (“Anytime”). Plaintiff alleges Defendants knew that Planet Fitness, a national chain that operates thousands of gyms, intended to open a Planet Fitness across the street from Anytime's location. Plaintiff ...

Excerpt: ...cial Surgery for extraction of 3 molars. Plaintiff alleges negligence both during the procedure and during the care subsequent to the procedure. The Complaint was filed on 4/12/21 and alleges one cause of action for professional negligence. Defendants filed this Motion/Joinder claiming the actions of Defendants were within the standard of care and did not cause any damages to Plaintiff. Both Defendants have submitted evidence by way of declaratio...

Excerpt: ...made false claims about the performance of the aftermarket filters that they produce. FCA US is informed and believes that K&N Engineering's intention with these false statements is to cause California consumers to cease purchasing FCA US' MOPAR air filters, and instead purchase K&N Engineering's replacement air filters by misleading consumers into believing that the K&N filters will increase horsepower in their trucks. Defendant has brought the ...