Excerpt: ...s”). Plaintiff sustained severe injuries. Plaintiff filed his Complaint on June 19, 2017. He asserted two causes of action for; (1) Negligence; and (2) Premises Liability. Defendants filed separate cross‐complaints against Plaintiff's caregivers Myles McIntosh and Leecy Pierce (“Caretakers”) for indemnification, contribution and comparative fault. Defendants allege that the Caretakers knew that Plaintiff suffered from several chronic cond...

Excerpt: ...n the new harness, rendering it unsalvageable as the old harness acts as a road map for the installation of the new harness. Plaintiff filed this action on 4/3/18 and filed the First Amended Complaint (FAC) as a matter of right on 7/2/18. After obtaining leave to amend, Plaintiff filed the Second Amended Complaint (SAC) on 11/30/18. The court then sustained the Defendants' demurrers, without leave as to Geico and with leave as to Walter's. Plaint...

Excerpt: ...ff Juaquina Reyna (“Plaintiff”) alleges she slipped and fell on water leaking from the toilet of the restroom at a KFC restaurant in Moreno Valley, sustaining injuries to her left shoulder, left hip and left knee. Plaintiff filed the Complaint against defendant Great American Chicken Corp., Inc. dba KFC (“Defendant”) and Doe Defendants on August 15, 2017. Plaintiff later identified Doe Defendants Ecolab, Inc. and Florim USA Inc. At the be...

Excerpt: ... Brown, CPG, Civ. Proc. Before Trial (TRG 2013) Ch. 9: Part II: Provisional Remedies, §9:784, p. 9(II)‐63. This statutory remedy is governed by C.C.P. §512.010, et. seq. To obtain a writ of possession, Plaintiff must show that he or she: 1) has the right to immediate possession of tangible personal property; and, 2) the property is being wrongfully withheld by defendant. C.C.P. §512.010; Englert v. IVAC Corp. (1979) 92 Cal.App.3d 178, 184. T...

Excerpt: ...astillo. Plaintiff alleges defendants Francisco Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Francisco Javier Garcia, recorded on 11/14/15 notarized by Juan Castillo. Subsequent to sustaining Defendant Alejandra Castillo's demurrer to the First Amended Complaint, Plaintiff filed his Second Amended Complaint(SAC) against defendants alleging causes of action for (1) b...

Excerpt: ...ainst defendant Alvord Unified School District (the “District”). Plaintiff was a 14‐year old student at Hillcrest High School, which is subject to the control of the District. Plaintiff suffered from a cleft lip and was frequently bullied by other students, which caused her severe stress and anxiety. On April 22, 2016, Plaintiff left the school campus during her physical education class through an unlocked gate without permission. She then ...

Excerpt: ...an injunction.” Butte v. State of California (1992) 4 Cal.4th 668, 678. However, “when the purpose of the injunction is to enforce a statute or ordinance, hardship—that is, injury to the public—may be presumed from the fact that lawmakers chose to pass the ordinance in the first place.” IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 72. “[W]here the law expressly declares something to Page 3 of 3 be a nuisance, then no inquiry be...

Excerpt: ...job site that was part of the 91 Freeway expansion project. His employer Atkinson/Walsh, Atkinson Contractors and/or Walsh Construction Company (collectively “Atkinson/Walsh” and Defendants) was the design‐ builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commission (“RCTC”). Plaintiff claims that his supervisor Marc...

Excerpt: ...nding arbitration, however, the Court shall set a Hearing re: arbitration on April 24, 2020, regarding the status of arbitration. The parties are ordered to submit a joint statement regarding the status of arbitration approximately ten days prior. Page 5 of 7 SUMMARY OF MATTER This is an employment action. Plaintiff Orlando Ibarra Medina (“Plaintiff”) alleges he was employed as a cook from July 10, 2018 to December 26, 2018, at a Denny's Rest...

Excerpt: .... Webb Associates as an Administrative Assistant directly under the supervision of Susie Reyes. She alleges she told a co‐worker, Todd Carpenter, that she was pregnant. Plaintiff alleges that on 1/4/18 before she had told Reyes about her pregnancy, Reyes asked another co‐worker, Stephanie Serao, if Plaintiff was pregnant. She alleges Serao told Reyes to ask Plaintiff, and Reyes responded that she knew the answer to her question. Thereafter, o...

Excerpt: ...rder by Foothill/Easter Transportation Corridor is denied. Plaintiff is seeking to attach a third‐party's earnings under CCP § 708.510 et seq. and Family Code § 910 as a Judgment Creditor. It bases this theory on the argument that because California is a community property state, the earnings of Defendant's husband are 50% hers, and should be attached to pay off the Judgment Defendant owes. Plaintiff has alleged that during a Judgment Debtor ...

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: ... 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: ...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: ...alleged that they suffered any damages other than the impairment of the security interest. The fact that the demurrer was unopposed leads the Court to conclude that no such facts exist otherwise, and as such, sustains the demurrer without leave to amend. SUMMARY OF MATTER Plaintiffs alleges that defendant Wayne Lee Vaughn, Jr. (“Vaughn”) held himself out as Vaughn Construction Co., the managing member of defendant Desert Ice Holdings, LLC, ow...

Excerpt: ...ed financial hardship and contacted her former servicer, Bank of America, and obtained a loan modification agreement which names Bank of America as the lender, when it was merely the servicer. She disputes Bank of America was the lender and any subsequent assignment. She alleges that Defendant Nationstar is a debt collector with no standing to foreclose. She filed this action on 10/18/17. After the court granted Defendant's JOP, Plaintiff filed t...

Excerpt: ... as a common carrier (which is not borne out by the allegations of the FAC), Civ. Code §§ 2100, 2101, 2103 and 2168 would not provide her with an additional cause of action. Further, even assuming § 2103 created an independent cause of action, the allegations of the FAC do not support a claim for liability. FACTUAL / PROCEDURAL CONTEXT Plaintiff filed the complaint in this action on August 1, 2016, in the Superior Court for the County Los Ange...

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: ...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...