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: ...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: ...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: ...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: ...thout leave to amend. The Motion to Strike is therefore moot. Factual / Procedural Context: This case arises out of Manuela Martins-Green's ("Plaintiff") employment as an assistant professor by the Regents of the University of California ("Regents") at university of California, Riverside. In the fall of 2016, Plaintiff learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being impro...

Excerpt: ...laint, '1 6; Declaration of Vanessa Dao ("Dao Decl."), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11-15.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(8); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of ...

Excerpt: ...nal Negligence against multiple healthcare provider defendants, including moving Defendant Parkview Community Hospital ("Defendant Hospital"), regarding treatment rendered to patient Reyna Contreras in the time frame of May 2021. (Separate Statement Fact ("SS") #1) Plaintiff, who is an adult daughter and successor of the patent, contends that negligent treatment relating to a 5/12/21 hysterectomy Page 6 of 15 performed by 0b/Gyn defendant, Hesham...

Excerpt: ...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: ...Beaumont, Inc. ("Humble Fitness") and Defendants Bedazzling Beaumont, LLC and Reid Bradley. ("Bedazzling"). Plaintiff claimed that Defendants intentionally failed to disclose that Mr. Bradley was aware of a Planet Fitness gym moving in as a tenant directly across the street from the Anytime Fitness location prior to the sale. The Plaintiff claimed the Defendant's fraudulent acts were a substantial factor in causing his business to fail. Trial in ...

Excerpt: ...apers. Specifically, if the Court were to allow a further amendment, the Court would also sustain the demurrer with respect to the Sham Pleading Doctrine and Statute of Frauds grounds, with 30 days leave to amend. All other grounds are overruled. Factual / Procedural Context In December 17, 2004, Plaintiff Hilda Ramirez ("Plaintiff") and Defendant Edgwin Rogel ("Defendant"), were married and took title to 11107 Violet Court in Riverside ("propert...

Excerpt: ...s Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF- 55, which was attached to a 2011 Freightliner vehicle owned b...

Excerpt: ...ins, without leave to amend, the City's demurrer as to the Fifth Cause of action, Violations of Civil Rights against the City. Defendant City is ordered to file its answer within 20 days. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his w...

Excerpt: ...Ford Motor Company ("FMC") and Lake Elsinore Ford ("Lake Elsinore") (collectively, "Defendants") alleging (1) Violation of Civ. Code S 1793.2(d) (against FMC); (2) Violation of Civ. Code S 1793.2(b) (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement — Concealment (against FMC); and (6) Negligent Repair (against Lake Elsinore). On ...

Excerpt: ...h good cause for immediate relief under CRC 3.1202, subd. (c). Second, the Court finds that this ex parte request is essentially a motion to reconsider, and the timeline for filing a reconsideration motion has already passed. (See CCP, S 1008.) Page 7 of 8 Factual / Procedural Context: Plaintiffs Rick Romandetta and Rhonda Romandetta-Chavez allege they are the son and daughter of decedent Louise Romandetta. Decedent was recovering from strokes, h...

Excerpt: ...in the Opposition that this claim is withdrawn. The Court shall grant the motion to strike treble damages, with 20 days leave to amend. Factual / Procedural Context: Plaintiff Lydia Manaloto filed this action against several defendants, including Corona Health Care Center, Corona Residential Care Center, LLC, and Ahron Stricks ("Defendants"). The Complaint was filed on June 30, 2023 and alleges causes of action for (1) Elder Abuse and Neglect (We...

Excerpt: ...t yet "at-issue" for two reasons: Plaintiff has not served the County of Riverside, and the State has not answered Defendant Schindler's crosscomplaint for declaratory relief and comparative indemnity. With respect to the cross-complaint, the Court assumes that the State wanted to resolve the underlying issues of the complaint before addressing Defendant Schindler's cross-complaint. If so, the State shall also file its answer to the cross-complai...

Excerpt: ...n, LLC and Moises Grandos Sanchez ("Defendants") vehicle causing her damages. On July 31, 2023, Plaintiff filed her complaint alleging four (4) causes of acton: 1) motor vehicle negligence; 2) negligence per se in violation of Vehicle Code SS 22107 and 22350; 3) negligent hire, supervision, training and retention; and 4) negligent entrustment in violation of Vehicle Code S 17150. On November 28, 2023, Defendants filed their answer asserting 6 aff...

Excerpt: ...81 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular traffic. Defendants Magnolia Partnership and Realm Real Estate, LLC are currently developing 450 residential units that would elimi...