Excerpt: ...nt VIPER's representative Mark (based in Chino, CA) to pay $48,500 for a 2000 Caterpillar D7R Dozer. Plaintiff wired the money, and Defendant has failed/refused to produce the dozer or refund Plaintiff's money. Plaintiff's 7/05/19 Form Complaint alleges claims for Breach of Contract and Fraud (Misrepresentation, Concealment Promise without Intent to Perform). SUMMARY OF MOTION AND DECLARATION Defendant VIPER MACHINERY LLC specially appears and mo...

Excerpt: ... in the underlying action, which is at the heart of Plaintiff's complaint. The four‐year statute of limitations under CCP § 340.6 does not bar Plaintiff's claims because the stipulated judgment about which Plaintiff complains was entered on August 28, 2015, less than four years before the Complaint was filed. To the extent Defendant relies on extrinsic evidence, it is improper and will not be considered by the court. Defendant to file their an...

Excerpt: ...of Plaintiff's complaint. Furthermore, there are sufficient facts alleged against Lisa G. Salisbury individually. The motion to strike is DENIED. Whether attorney fees are recoverable can be determined by noticed motion following judgment and is not appropriate for determination at this time. Furthermore, Plaintiff alleges sufficient facts showing circumstances of fraud sufficient to support punitive damages. SUMMARY OF MATTER This is a legal mal...

Excerpt: ...ery to obtain a license to operate commercial cannabis business. Petitioners' application was denied and they were determined to be ineligible for participation in the lottery for currently operating an unlicensed cannabis business within the City of Banning. Petitioners appealed this decision. They contend that the City failed to provide any evidence that they operated a commercial cannabis on another property or that City issued any administrat...

Excerpt: ...(Set One) Nos. 6‐7, 9, and with a privilege log as to RPD Nos. 19‐22, 25‐29, 32, 34, 35, 42‐ 45. Only a privilege log is required for RPD Nos. 1‐5, 10, 14‐16, 24, 46‐47. Otherwise, the motions are DENIED. The request for sanctions by defense is also denied. SUMMARY OF MATTER Plaintiffs, Gordon Marino and Cynthia Lee, allege that on 6/5/14 they purchased a new 2014 Volkswagen CC from Defendant, Riverside Volkswagen (Dealership) for $...

Excerpt: ...hin 20 days. The Court declines to award sanctions. SUMMARY OF MATTER Plaintiff Lori Hammond alleges that on 12/16/16, she slipped and fell on a slippery substance. She further alleges that Defendants failed to maintain the floors, place warning signs, warn, and exercise due care. On 6/22/18, Plaintiff filed a complaint for premises liability and negligence. Trial is currently set for 1/3/20. Page 2 of 7 Summary of Motion: Plaintiff brings this m...

Excerpt: ...trial. Plaintiff has alleged several instances of error, which the Court shall address separately. ANALYSIS With respect to errors of law, a judge may grant a new trial based on an error in law that occurred at the trial and that was objected to by the party moving for a new trial. (Tun v. Wells Fargo Dealer, Servs., Inc. (2016) 5 Cal.App.4th 309, 323.) A new trial on this ground is warranted when the case was resolved by a ruling that was errone...

Excerpt: ... as moot. Page 4 of 7 SUMMARY OF MATTER In this action, Plaintiff alleged Defendant Akmakjian along with other family members and the Riverside Community Hospital committed causes of action stemming from the death of Plaintiff's father. Essentially, Plaintiff alleged that sometime in January of 2017, Decedent, age 90, caught a flu at home, which was treated with cough syrup. (¶ 13.) On February 6, 2017, he was admitted to Riverside Community Hos...

Excerpt: ...no new or different facts, circumstances, or law as required by Code of Civil Procedure section 1009. BACKGROUND & RELEVANT PROCEDURAL HISTORY: This is a wrongful foreclosure action. Plaintiff Yi Fu Hwang (“Plaintiff”) alleges that he obtained a Home Equity Line of Credit (“HELOC”) from defendant Cathay Bank on September Page 5 of 7 22, 2006, in the amount of $150,000, which is secured by a deed of trust on Plaintiff's property located at...

Excerpt: ... of C.C.P. §§ 708.110, et seq. SUMMARY OF MATTER The complaint and consolidated complaint in this matter were filed by Richard Van Loon and Dianne Van Loon and were dismissed early on in litigation. Two of the cross‐complaints that were filed went to trial – one brought by Winchester‐Wesselink, LLC. (“LLC”) and one brought by Richard Van Loon. LLC asserted in its cross‐ complaint that two of its members, Richard and Dianne Van Loon ...

Excerpt: ...or pretrial work for attorneys Altman, Hassen, and Kiesel, the Court rules as follows: Pretrial Fees: $166,272 Trial Fees: $465,363 Post‐trial fees: $37,587.50 Total lodestar: $669,222.50. Applying a 1.25 multiplier would then result in a fee award of $836,528.12. Costs, which were not challenged, shall be $94,264.99. FACTUAL / PROCEDURAL CONTEXT This is a Song‐Beverly action that went to trial and resulted in a verdict in favor of plaintiffs...

Excerpt: ...the California Department of Corrections and Rehabilitation (“CDCR”) at one of its California Rehabilitation Centers (“CRC”). He contends that in 2005 a lawsuit was filed against the CDCR regarding its failure to provide inmates with adequate dental care. A settlement was reached in 2006. Under the terms of this settlement agreement, comprehensive protocols where put in place specifying the timeline for providing specific care. It appears...

Excerpt: ...(“AQuality”) collided with a vehicle in which Plaintiff Leann Bibbie (“Plaintiff”) was a passenger. Plaintiff sustained severe injuries and property damage. Plaintiff filed her Complaint on June 24, 2017. She asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. A jury trial was held April 4, 2019. Prior to the trial, Plaintiff sent Postulka an offer to compromise for $249,999.00 pursuant to Cal. Code Civ. Pro. ...

Excerpt: ...f cannot establish that she was able to perform the essential functions of her job. The burden shifted to Plaintiff, but Plaintiff failed to produce any evidence showing a triable issue of fact. 2 nd cause of action: Defendant met its initial burden showing it terminated Plaintiff based on the reasonable belief that the Plaintiff was permanently disabled from performing the job. The burden shifted to Plaintiff, but Plaintiff failed to produce any...

Excerpt: ...ent Consulting (“FMC”), he submitted a bid on a Caltrans Request for Proposal (RFP # 82A0033) for financial consulting services (and appears to have been the low bidder). FMC was not awarded the public contract, and exhibits to the FAC indicate that Plaintiff made several challenges to Caltrans's decision. Plaintiff generally alleges that Caltrans failed to follow RFP Guidelines and violated Pub. Contract Code, §§ 10344 and 10345. The FAC a...

Excerpt: ...n the home, including an unpermitted room in the house and mold infestation, which Buyer discovered shortly after moving into the home. Buyer filed a claim with IVAMS, and arbitration proceeded before the Honorable L.A. Simmons, Judge (Ret.) (the “Arbitrator”) over the course of 9 days in November and December 2017. The Arbitrator found in favor of Buyer and against Seller in the amount of $299,056.76 plus costs (“Arbitrator's Award”). Th...

Excerpt: ...f Eva Pocklington (nos. 4, 5, 6, 7, 8, 10, 11, 14); declaration of Lantson Eldred (all). Almost every single paragraph starts with “Based upon my review of the papers prepared as part of this Motion, I am informed and believe and based on such information and belief assert ________” “Declarations based on information and belief are insufficient to satisfy the burden of either the moving or opposing party on a motion for summary judgment or ...

Excerpt: ...claiming personal injuries from a motor vehicle collision allegedly cause by Defendant, Michael Gray. A party seeking disclosure of law enforcement officer information must follow a two‐step process by first filing a motion (i.e. a Pitchess motion) that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and well as time and place of the hearing (Evid. Code, § 1043(b)...

Excerpt: ...tter how unlikely or improbable, a plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. (Kerivan v. Title Insurance Co. (1983) 147 Cal. App. 2d 225, 229.) In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. B...

Excerpt: ... Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted).) The filing of a proof of service creates a rebuttable presumption that service was proper only if the proof of service complies with the applicable statutory requirements. (Floveyor International, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795.) A proof of service of summons must be filed pursuant to CCP §417.10 (in state defendants) or CCP §417.20 (out of ...