Excerpt: ...PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF ANTHONY L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY ANTHONY L PEREZ CVR12204802 PEREZ VS PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF SANDRA L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY SANDRA L PEREZ Tentative Ruling: The court denies Pl...

Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger LISA, 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 wa...

Excerpt: ...compel further responses to SROG Nos. 1, 2, 3, 10, 16, 35, and 36. The Court denies Plaintiff's request for sanctions. Factual / Procedural Context On September 13, 2019, Plaintiff Jacob Keithley ("Plaintiff") purchased a new 2019 Ford Transit Van from Sunrise Ford Fontana, a dealership. (Compl. 11.) The subject vehicle was manufactured and warranted by Defendant Ford Motor Company ("Defendant" or "Ford"). (ld. at 25, 29.) Plaintiff alleges that ...

Excerpt: ...ized by homeless people during the term of Petitioner's lease. (ld„ '1 11.) In July 2021, Petitioner submitted a conditional use permit to the County of Riverside (the "County") to remodel the building and use the building and property for a cannabis business. (ld., 8, 24.) Petitioner alleges that the County unfairly denied his application, after granting preferential approval of a neighboring property owner's application to operate a cannabis ...

Excerpt: ...d hour violations as well as an unfair business practices claims. By this Motion, Defendant seeks to compel arbitration of Plaintiff's individual claims to arbitration and dismiss the class claims. Plaintiff opposes. Analysis: l. Standard upon the petition/motion of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration ...

Excerpt: ...ng paragraphs. Factual / Procedural Context: Plaintiffs Stasha Sill ("Stasha") and Alicia Sill ("Alicia") (together "Plaintiffs") filed their original complaint in this action against Defendant Lending Bee, Inc. ("Lending Bee") on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC). On July 7, 2023, Lending Bee demurred to the FAC. On August 29, 2023, the court sustained part of the demurrer, and granted Plaint...

Excerpt: ...eadings should be settled by that date. All parties shall file updated CMC statements prior to that date. Factual / Procedural Context: On March 22, 2023, Plaintiff, Levira Pickett ("Plaintiff") filed the Complaint in this action against Defendant, Mission Ambulance, Inc. ("Defendant") asserting causes of action for medical negligence and elder abuse. Plaintiff alleges that at the time of the incident, she was 93 years old and had a fractured rig...

Excerpt: ...roaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear-ended a vehicle in front of them, Defendants Jose Luis Cuellar Beltran ("Beltran") and Barillas Trucking, Inc. ("8Tl") rearended Plaintiffs, and another vehicle (the Padilla vehicle) also struck Plaintiffs' vehicle, which came to rest on its right side. Plaintiffs filed their Complaint on 4/24/19 alleging a single cause of achon for motor vehicle and general negligen...

Excerpt: ...9 while incarcerated in Riverside County jails. The Complaint was filed on 1/10/23 via form complaint with the "general negligence" box checked and an attachment labeled general negligence which makes reference to the Bane Act, Civ Code S 52.1(c), Gov. Code S 844.6(d) and failure to protect under the 8th Amendment. Defendant contends that this action is barred by res judicata and/or collateral estoppel. They assert that Plaintiff was a plaintiff ...

Excerpt: ... and 8th (wrongful termination) causes of action without leave to amend. The Court sustains the demurrer to the 9th (failure to pay minimum wages) and 10th (intentional infliction of emotional distress) causes of achon with 30 days leave to amend. The Court grants the motion to strike punitive damages as to CXR without leave to amend. The Court grants the motion to strike as to Stevens, with 30 days leave to amend. Factual / Procedural Context: O...

Excerpt: ...inly has notice of the prior discovery rulings now. The Court orders Plaintiff to provide responses within 20 days of notice of this order. If no responses are provided following notice, the Court shall permit Defendants to file an additional motion for sanctions. Factual / Proc:edural Context: Plaintiff Suresh Kamble as Trustee of the Settler's Living Trust ("Plaintiff") filed the complaint (the "Complaint") in this action on August 16, 2022 aga...

Excerpt: ...heir Complaint against Defendants Ford Motor Company ("FMC") and Palm Springs Motors Inc. ("Palm") (collectively, "Defendants"), alleging (1) Violation of Civ. Code S 1793.2(d) of SongBeverly Act (against FMC), (2) Violation of Civ. Code S 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) of Song-Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Indu...

Excerpt: ...tion regarding the allegedly negligent handling of the funeral services and cremation of her son, Ogburn v. Harrison-Ross Mortuary and Harrison-Ross Funeral Home, Case No. RIC1901398 ("Negligence Acton"). Plaintiff alleged that after her son's body was released to the Evans Brown Mortuary ("Evans Brown") pursuant to an order signed by Plaintiff as the decedent's mother, Patricia Monice Larry ("Larry"), who claimed to be the decedent's wife, order...

Excerpt: ...tiff alleges that on August 21, 2019, he lent $570,0W to Defendant, and the parties entered into a promissory note for that amount. (Complaint at '18.) The note is attached to the Complaint as Exh. A. The maturity date on the note was August 21, 20261 , and no other payments were due prior thereto, except that Defendant was required to use any distribution he received from TV8G Ventures, LLC ("TV8G") to pay down the loan until it was paid off. (C...

Excerpt: ...nc. ("MORryde"). On July 07, 2021, Plaintiffs filed their Complaint, naming Jayco and MORryde as Defendants, alleging the following causes of action: (1) Strict Liability; (2) Negligent Product Liability; (3) Breach of Warranty; and (4) Negligence — Personal Injuries. MORryde now moves for a protective order precluding Plaintiffs from taking the deposition of its secretary and CFO, Rodney Moore, who is described as an "apex" witness, and also s...

Excerpt: ...tle pertaining to real property that plaintiff Amie Lonsdale (formerly Amie Pannazzo) lost at a foreclosure sale during the pendency of her Chapter 7 bankruptcy that was filed in April 2018. Plaintiffs allege that during Ms. Lonsdale's bankruptcy case, the Plaintiffs entered an agreement with defendant Karen Massey whereby Ms. Massey allegedly agreed that she would purchase the property in Riverside ("Via Vallarta" or the "Property") from the for...

Excerpt: ... Corona, California (the "Property") from Defendant pursuant to a lease dated October 3, 2022. He further alleges that the Property was unfit for human occupation due to numerous problems; that he repeatedly notified Defendant of these problems from October 2022 to May 2023, and Defendant refused to make repairs; and that the issues with the Property affected Plaintiff's health and safety. *** In this Motion, Defendant seeks sanctions against Pla...

Excerpt: ... matter concerns two separate petitions for writs of mandate. The first Petition was filed by Petitioner, Supporters Alliance for Environmental Responsibility (SAFER) against Respondents, City of Riverside, City of Riverside City Council, and Riverside Planning Commission (City) along with Real Parties in Interest, Greens Ehrenberg, LLC; Greens (Ehrenberg), LLC; Greens Group, Inc.; Greens Development, Inc.; Greens Inv 10, LLC; and Overland Develo...

Excerpt: ...ment on the grounds that any such easement was extinguished either by way of a merger of the dominant and servient property at one point in the chain of ownerships or by way of adverse possession by the prior owner of the servient tenement. On June 02, 2023, Plaintiff filed her Complaint, alleging 6 causes of action for: (1) extinguishment of easement; (2) quiet title; (3) slander of title; (4) trespass; (5) private nuisance; and (6) declaratory ...

Excerpt: ...loan. Lending Bee and Isperov (Fiduciary Defendants) represented they would be agents to obtain the mortgage loan with a third-party lender. Plaintiffs alleges Defendants engaged in predatory lending, fraud and extortion to obtain their property through wrongful foreclosure. Plaintiffs allege that the Fiduciary Defendants serviced the loan taking $14,000 in payments, which they did not credit to Plaintiffs' account. On 8/16/22, Isperov and certai...

Excerpt: ...f was experiencing credit issues, title to the property is in Lee's name, although Plaintiff and Lee each paid one-half of the down payment. Lee obtained a loan from Pinnacle Capital Mortgage ("Pinnacle"), which recorded a Deed of Trust (DOT) against the property. On December 5, 2012, Lee refinanced the loan and Pinnacle recorded a new for $135,cm. Plaintiff resided at the Subject Property from 2009 to present. Plaintiff and Lee each paid half th...

Excerpt: ...aid in 60 days. Factual / Procedural Context: Plaintiff Mary Janeth Vasquez alleges that Defendants Advance Oil, Inc. and Ky Chau employed her as a store manager. Defendant Chau would sexually harass a co-worker, nonparty Tammy Nguyen, resulting in her quitting her employment. Plaintiff complained about Chau's harassment, and would make inappropriate sexual comments to Plaintiff. Plaintiff also complained about the lack of meal and rest breaks fo...

Excerpt: ...s that on June 20, 2020, she tripped over a curb and fell in the parking lot of the Stater Bros. located at 1537 S. San Jacinto Ave„ San Jacinto, California (the "Property"). Plaintiff asserts causes of action for negligence and premises liability. Defendant Stater Bros. moves the court to reclassify this case as a Limited Civ-l case pursuant to CCP 5403.040(b) and Walker v. Superior Court (1991) 53 Cal.3d 257, on the ground that Plaintiff seek...

Excerpt: ...ctured by Defendant, General Motors, LLC (GM), and was accompanied by express warranties. Plaintiff alleges that the vehicle was delivered to her with serious defects and nonconformities to warranties and/or developed same including engine, electrical, emission, and transmission system defects. Plaintiff alleges that GM knew the transmission defects, that she delivered the vehicle to GM authorized repair facilities, but GM was unable to conform P...

Excerpt: ...eal property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411-10481 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 ...