Excerpt: ... Ashley Calhoun, Ayanna Dack (minor), Krystyll Joyner (minor), Patricia Hunt, and Zayley Dack (minor) filed a Complaint against Defendants Culp Trucking, Inc. and Michael Culp, alleging motor vehicle and general negligence. (Compl. ¶ 10.) Ashley Calhoun is the mother of Ayanna Dack, a natural child of Decedent. She is also the mother of Krystyll Joyner, who is not a natural child of Decedent. Patricia Hunt is the mother of Zayley Dack, a natural...

Excerpt: ...is is a wrongful death/personal injury case. On November 16, 2016, Plaintiff Ryan Helling (“Helling”) purchased a new 2017 RZR 1000 XP4 (“Vehicle”) from Defendant Epic Motorsports, 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, LL...

Excerpt: ... Defendant shall be ordered to release the raw testing data to Plaintiff's counsel as opposed to just Plaintiff's expert. The Court shall take each issue in turn. Recording the entire IME CCP section 2032.530 states that “the examiner and examinee shall have the right to record a mental examination by audio technology.” While Defendant conceded that Plaintiff has a right to record the interview portion of the assessment, including Dr. Grover'...

Excerpt: ...for entry of a sister‐state judgment in this action against defendant Mahera Abdelghani (“defendant” or (“Abdelghani”). A judgment of $3,261,628.59 was sought based upon a judgment entered on 6/15/21 (“Ohio Judgment”), in the Court of Common Pleas in Lucas County, in Toledo, Ohio (“Ohio Action”). Judgment was entered in this action on 8/10/21, the same day the action was filed. The underlying claim by plaintiff was for a breach ...

Excerpt: ...ipagbor (Evelyn) and Tabeyang Ndipagbor (Tabeyang).1 Plaintiff alleges that on 6/29/19, Defendants made false statements that Plaintiff was a prostitute and had adulterous sexual relations with friends. According to the proofs of service filed on 1/6/22 and 1/7/22, a registered process server served Defendant Tabenyang via personal service on 1/4/22, and Defendant Evelyn via substituted service (by serving Tabenyang) on the same day. On 4/1/22, t...

Excerpt: ...rocedural History This is a wrongful death/personal injury case. On November 16, 2016, Plaintiff Ryan Helling (“Helling”) purchased a new 2017 RZR 1000 XP4 (“Vehicle”) from Defendant Epic Motorsports, 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 Mad...

Excerpt: ... is breach of contract case. In February 2020, Plaintiff Christian Moreland (“Moreland”) was introduced to Defendant Sean Ortiz (“Ortiz”) by Defendant Donald Pierre (“Pierre” or “Defendant”). Ortiz indicated that he was starting a cannabis business and Moreland agreed to invest. Pierre allegedly falsely represented that he was a preexisting investor in the business, which Pierre and Ortiz misrepresented as GHC Ventures and Loyalty...

Excerpt: ...ccident, Ulloa and Melissa were in a relationship. Plaintiff alleges Defendants rear‐ended his vehicle, which caused him to lose use of the vehicle. Plaintiff filed the Complaint against Melissa and Maryann Reina on October 8, 2020 alleging negligence, property damage, and loss of use. Defendants bring the instant motion for leave to file a cross‐complaint against Ulloa. Defendants assert they did not file a cross ‐ complaint against Ulloa ...

Excerpt: ...iff Juan Munoz alleges that on 7/15/13, he received a written warranty regarding a 2013 Chevy Cruz that contained a defective cooling system, to which Defendant GM knew about since 2012. Plaintiff filed this action on 10/5/21. After Defendant filed a demurrer, Plaintiff filed the First Amended Complaint (FAC) as a matter of right on 1/19/22. The FAC asserts: (1) Civil Code §1793.2(d); (2) Civil Code §1793.2(b); (3) Civil Code §1793.2(a)(3); (4...

Excerpt: ...le an answer within 30 days. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. Plaintiffs alleged that the court clerk erroneously failed to execute a writ of execution an...

Excerpt: ...e action brought by Mi Tang (“Mi Tang”) on behalf of Legend International Investment, LP (“Partnership”), alleging 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 partnershi...

Excerpt: ...Context Plaintiff City of Banning (the “City”) filed the complaint (the “Complaint”) in this nuisance abatement action on November 24, 2021 against defendants Pacterra Ventures LLC (“Pacterra”) and A&M Partners LLC (“A&M”). The City seeks to abate alleged violations and unlawful nuisance conditions and activities at property located at 1240 Ramsey Street in Banning, California (the “Property”) (Complaint, ¶¶ 2, 6.). Pacterra...

Excerpt: ...for 6 weeks. Defendant assured Plaintiff she could return. When she sought to return in early January 2020, Defendant asked her to delay returning until February in order for a temporary worker Defendant hired to replace Plaintiff to stay for the full month. Plaintiff learned she was pregnant again in January and when she told Defendant, Defendant terminated her. The complaint, filed 3/12/21, asserts: (1) disability discrimination; (2) pregnancy ...

Excerpt: ...et. 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 shopping center, limits development, and prohibits the impediment of pedestrian or vehicular traffic. Defendants Magnolia Partnership and Realm Rea...

Excerpt: ...Stronghold Engineering Incorporated (“SEI” or “petitioner”) challenges the Decision of December 7, 2020 (“Decision”) by the City of Monterey (“City”), through its Appeals Hearings Board (“Board”). The Decision states Page 13 of 15 that SEI committed violations of the California Subletting and Subcontracting Fair Practices Act (Pub. Con. Code § 4100 et seq.) (“Listing Law”) and assessed penalties of $341,000.00. The presen...

Excerpt: ...liation and 4th cause of action for aiding and abetting acts in violation of FEHA were dismissed by Plaintiff on 3/10/22. In all other respects, the motion for summary adjudication is denied. Objections As to Plaintiff's “Objections to Proffered Evidence Contained in Defendant United Natural Foods, Inc.'s Compendium of Evidence…,” all objections are overruled. As to Defendants' “Objections to Plaintiff's Evidence Submitted in Opposition t...

Excerpt: ...y no. 45 related to Culp's cell phone. The Court orders defendant to provide further responses within 30 days without objection. The Court denies the motion to compel further response to request for production no. 50, related to Culp's entire personnel file. Factual / Procedural Context: On 12/14/20, Plaintiffs filed their complaint for wrongful death of decedent Dustin Andrew Dack arising out of a car accident caused by Defendants Culp Trucking,...

Excerpt: ...f the Code of Federal Regulations. (Evid. Code, § 452(b).) As to Defendant's evidentiary objections, the Court sustains nos. 36, 100, 131, 156, 200, 254, 294, 311, 344, 392; and overrules nos. 120‐130. The Court declines to rule on all other objections because the evidence to which Defendant objects was not material to the court's analysis. (CCP § 437c(q).) Factual / Procedural Context: Plaintiffs Christopher H. Cerrillo (“Cerrillo”), Ste...

Excerpt: ...ior Citizens Center when she slipped and fell on a puddle of liquid that was left on the floor. Plaintiff alleges that she sustained serious bodily injuries, resulting in surgical intervention to her left knee. On May 26, 2021, Plaintiff filed a Complaint against Defendant Narco Senior Citizens Center, alleging (1) general negligence and (2) premises liability. Plaintiff now brings the instant motion for trial preference under CCP § 36(a) given ...

Excerpt: ...022 Case Management Conference to August 4, 2022 at 8:30 am in Dept. 3. The Clerk of the Court is to give notice. Factual / Procedural Context: Plaintiff Katana Olson alleges that she was attacked by a pit bull owned by Defendant Korey Allred. The complaint, filed 12/30/21, asserts: (1) negligence; (2) statutory liability (dog bit statute); and (3) strict liability. Defendant Sandra Allred demurs to the 2nd and 3rd cause of action on the grounds ...

Excerpt: ...S CVRI2102553 ZUMAYA VS DIRECT AUCTION SERVICES, LLC MOTION TO COMPEL BY DIRECT AUCTION SERVICES, LLC, JOE SHERMAN PHILLIPS Tentative Ruling: The Court orders the parties to appear, either by Zoom or in person. The Court finds that the motions are timely, however, the meet and confer efforts were insufficient. For the reasons stated below, the Court will discuss with counsel the continuance of these motions, as well as the motions set on May 4, 2...

Excerpt: ...a Caldera, alleges that she is the owner of real property located at 7065 36th Street in Riverside and that Defendant, Jose Adan Felix Perez (Perez), who is Plaintiff's cousin, is claiming an interest in the subject property. Plaintiff filed her Complaint on 8/3/21 alleging nine causes of action: 1) cancellation of instrument; 2) quiet title; 3) breach of fiduciary duty; 4) fraud: intentional misrepresentation; 5) fraud: promissory fraud; 6) mone...

Excerpt: ...er employer, defendant Del Real, LLC. Plaintiff alleges that she first was employed by defendant in March of 2018 as a Packaging Team Member, that in March of 2019 she disclosed her pregnancy to her employer and requested a transfer as an accommodation as her “duties as a Packaging Team Member I required her to position her body in a way that placed immense pressure on her stomach, causing Plaintiff pain.” (Complaint, ¶8.) Rather than transf...

Excerpt: ...otion on the pleadings as to these two causes of action without leave to amend. Factual / Procedural Context: Mike Bond (“Plaintiff”) was employed by Dart Container Corporation of California (“Defendant”). Plaintiff was injured while working and filed a workers' compensation claim. During the workers' compensation proceedings, Plaintiff had a Qualified Medical Exam (“QME”), which resulted in a report containing work restrictions. Afte...

Excerpt: ...nd, sold a condo that was in the husband's name but had been paid for using community funds. Although she admits signing papers saying she had no interest in the condo, plaintiff says she did this because the escrow agents said it was necessary and not because there was no community property interest in the property. Plaintiff and decedent received $100,000 from the sale, which was placed into a checking account that already contained $70,000 fro...

Excerpt: ...answer, as the default of Defendant Westcoast Lock and Safe was taken on 1/31/22. Factual / Procedural Context: Plaintiff Karen Williams alleges that Defendant Westcoast Lock and Safe executed a promissory note in favor of Defendant George Rodriguez in the amount of $534,269.57 with interest (Westcoast Note). Defendants Carole L. Bernard and Sandra J. Campbell guaranteed the note. The Westcoast Note was secured by a deed of trust on Campbell's pr...

Excerpt: ...he Court orders both defendants to file answers within 30 days of today's date. Factual / Procedural Context Plaintiff Comm 2014‐UBS2 Canyon Palm Springs Parkway is the owner of Canyon Crossing Shopping Center located in Riverside. On January 6, 2017, Plaintiff's predecessor, as landlord, and Alliance, Inc., as tenant, entered into a Retail Space Agreement (“Lease”), for a retail space located in the shopping center for the operation of a m...

Excerpt: ...Leslie Frias is Joseph O.'s GAL. Plaintiff was a student at Paloma High School in the Perris Union High School District (“District” or “Defendant”). In September 2019, it was reported to Leslie Frias that District employee Steven Carter had been providing Plaintiff Joseph O. with marijuana and Plaintiff smoked marijuana under Carter's supervision. (4thAC ¶¶60‐62.) Specifically, at some time in 2019 Carter saw Joseph O. at a Jack In Th...

Excerpt: ...mission, 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) violation of Civil Code § 1793.2(d); 2) violation of Civil Code § 1793.2(b); 3) violation of Civil Code § 1793.2(a)(3);...

Excerpt: ...nt‐ concealment. On March 22, 2021, Plaintiffs served the Complaint, Summons, and other documents on Fatima. On April 13, 2021, Fatima attempted to file his answer; however, the answer was returned without filing, because his name did not match the name of the party on the case. Fatima made several more attempts to file his answer—on May 3, May 31, June 11, and June 19—which all failed for the same reason. On June 23, 2021, after Fatima fai...

Excerpt: ...o amend. 2. The Court grants the special motion to strike (anti‐SLAPP) as to the factual allegations of complaints made to animal control, social services, public agencies, and issuance/ service of the 3‐Day Notice (as set forth in the notice for this motion.) Factual / Procedural Context: Plaintiff, Carrie Barjols, alleges that she resided in an apartment located at 39415 Ardenwood Way, Unit 239, in Lake Elsinore (Subject Property) with her ...

Excerpt: ...ce Agreement (“Lease”), for a retail space located in the shopping center for the operation of a medical urgent care office. The term of the Lease was one‐hundred and twenty‐four (124) months, commencing on June 1, 2017 and expiring on August 31, 2027. The Lease was guaranteed by Ellis doing business as Alliance Urgent Care Management. Plaintiff alleges Alliance breached the lease by failing to timely pay rent due under the Lease beginnin...

Excerpt: ...igence and Premises Liability on 12/8/21. Defendant Chavez demurrers contending it fails to state facts and is uncertain. Plaintiff opposes. Analysis A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of act...

Excerpt: ...tains without leave to amend. With respect to Defendant PUHSD as to the § 220 cause of action, the Court finds that Leslie Frias has standing, but given that the facts alleged are insufficient to support a § 220 with respect to Plaintiff Joseph, unless Plaintiff requests oral argument and can articulate facts that would allow this cause of action against PUHSD, the demurrer is sustained without leave to amend. Factual / Procedural Context Plain...

Excerpt: ...were not relevant to the Court's analysis. The Court orders Defendant to file an answer within 20 days from today's date. Factual / Procedural Context This is a breach of contract case. 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 m...

Excerpt: ...f Civil Procedure] section 425.16, subdivision (c)(1) after a [cross‐complainant] dismisses its complaint while a special motion to strike is pending.” (Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4th 1447, 1456.) For the reasons stated below, the Court finds that Cross‐defendant's motion to strike is wellfounded. The determination on Cross‐defendant's request for attorney's fees and cost is reserved, to be determined by a separate f...

Excerpt: ...ed as to CDCR because the public entity is immune under Govt. Code §815.2(b) where the public employees are immune under section 821.6. Unless Plaintiff can articulate how the Complaint could be amended to allege facts that could overcome these immunities, the demurrer is sustained without leave to amend. It should be noted that the Court is ordering this tentative decision to be mailed out to the Plaintiff and Defendant in advance of the Demurr...

Excerpt: ...ch 19, 2021, Plaintiff served Requests for Production and Form Interrogatories on Defendants. After Defendants failed to serve timely responses, Plaintiffs moved to compel. On July 27, 2021, the Court granted the motion and ordered Defendants to serve responses within 15 days. Notice of the ruling was filed and served on July 27, 2021. Notwithstanding, Defendants failed to serve responses in accordance with the Court's July 27, 2021 order. On Aug...

Excerpt: ...Lane in Corona. (First Amended Complaint (“FAC”), ¶¶ 5, 6.) The DOT was subsequently assigned to defendant Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006‐FF16, Asset Backed Certificates, Series 2006‐FF16 (“Deutsche”) and serviced by defendant Specialized Loan Servicing LLC (“SLS”)(collectively “Defendants”). (FAC, ¶¶ 8, 9.) Plaintiffs allege they experienced financial difficult...

Excerpt: ... to abate alleged violations and unlawful nuisance conditions and activities at property located at 1240 Ramsey Street in Banning, California (the “Property.”) (Complaint, ¶¶ 2, 6.). Pacterra is alleged to be the owner of the Property. (Id., ¶ 3, Exhibit A [grant deed].) The Court notes that Pacterra failed to answer or otherwise appear in this action. On February 2, 2022, the City filed a request for the entry of default, and default was ...

Excerpt: ...ction for Wrongful Termination • 10th through 16th causes of action for Labor Code violations and Unfair Business Practice In all other respects, the motion for summary adjudication is denied. Objections As to Plaintiff's “Objections to Proffered Evidence Contained in Defendant United Natural Foods, Inc.'s Compendium of Evidence…,” all objections are overruled. As to Defendants' “Objections to Plaintiff's Evidence Submitted in Oppositio...

Excerpt: ...a probability of prevailing on her causes of action as the claims are barred by the litigation privilege (Civil Code § 47(b).) As the prevailing party, Defendants are entitled to fees in the amount of $2,500. 2. Demurrer‐ The Demurrer is moot based on the granting of the Special Motion to Strike. Factual / Procedural Context: Plaintiff alleges that Defendants Cedar‐Sinai and Stuart Kuschner, MD made fraudulent statements in their capacity as...

Excerpt: ...aintiff filed a motion to set aside the waiver of jury trial, which was to be heard on 8/17/22. No appearances were made on that date, and the Court granted that motion. It should be noted that Plaintiff Ramadan posted jury fees prior to the hearing date on 7/9/21, and Defendant O'Brien posted fees on 11/02/21. On 1/28/22, Plaintiff Ramadan filed a motion to continue trial. At that time, the Riverside Superior Court was closed to jury trials duri...

Excerpt: ...on to Strike is denied as moot. Factual / Procedural Context: On August 5, 2019, Plaintiff Humble Fitness Beaumont, Inc. (“Plaintiff”) entered into an Agreement for the Purchase and Sale Assets (“Agreement”) 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 Anyt...

Excerpt: ...tiff alleges that he is the CEO and Reverend of the Orthodox Church of the Blessed Virgin Mary located in Corona (the “Church”). Defendant is a former parishioner of the Church. (SAC, ¶¶ 4‐5.) After he left the church in 2013, Defendant allegedly began a campaign to discredit Plaintiff and encourage other parishioners to leave the Church by posting negative and false statements about Plaintiff on social media posts. (SAC, ¶¶ 7‐11.) Pl...

Excerpt: ...ed as to CDCR because the public entity is immune under Govt. Code §815.2(b) where the public employees are immune under section 821.6. Unless Plaintiff can articulate how the Complaint could be amended to allege facts that could overcome these immunities, the demurrer is sustained without leave to amend. It should be noted that the Court is ordering this tentative decision to be mailed out to the Plaintiff and Defendant in advance of the Demurr...

Excerpt: ...nnot agree, the Court shall reserve jurisdiction to appoint an arbitrator under CCP § 1281.6, if necessary. Factual / Procedural Context: Grow Green Industries, Inc. (“Plaintiff”) contends that it entered into an agreement with U.S. Continental Marketing, Inc. (“U.S. Continental”). Under said agreement, U.S. Continental was to manufacture (to Plaintiff's specifications) Plaintiff's fruit and vegetable wash, which Plaintiff sold worldwide...

Excerpt: ...sustained. All other objections are overruled. Factual / Procedural Context: Plaintiff Esteban Garcia alleges that on 9/29/17, Defendant William Ramos Jr., operating a dump truck struck Plaintiff and his vehicle on the eastbound 60 freeway. Plaintiff also alleges that his vehicle, a Toyota Tacoma, had a defect in that the airbags failed to deploy. Plaintiff also named as defendants Dwayne Qualls, Sr., Dwayne Edward Qualls, Jr., Zacharia Smith, Jr...

Excerpt: ...endant” or “County”). On October 25, 2018, Plaintiff was hired to work for the County's Tax Collector's Office as an Accounting Assistant. (FAC, ¶ 10.) On November 25, 2019, Plaintiff submitted certification from his doctor indicating that he suffered from a chronic serious health condition which would require an estimated one day off work every two months for flareups and medical treatment. (FAC, ¶ 12.) In November 2019, Plaintiff applie...

Excerpt: ...n for protective order as to the Qualitas PMK. Factual / Procedural Context: This case concerns a multi‐vehicle accident that occurred on the I‐ 10 east of SR‐62 on 3/21/18. Page 14 of 17 Plaintiffs, Janiece Manthey, and Nathan Drake, allege that there was a metal ladder in lanes 2 and 3, which caused approaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear‐ended a vehicle in front of them, Defendants, Jose Luis...

Excerpt: ...to a leased 2017 Acura TLX that had defects in the engine, steering, lighting system, ignition system and body system. On 9/9/21, Plaintiff filed a notice of settlement, a week before trial. Plaintiff moves for $44,362 in attorney's fees for the underlying suit, $5,000 for this motion and $3,347.36 in costs, for a total of $77,390.36 as the prevailing party under Song‐Beverly. Plaintiff asserts that hourly rates are reasonable and that they are...

Excerpt: ...was involved in a child custody case with his ex‐wife, Defendant Christina Lees‐Sulzer. Defendants Debra Smith and Jeffrey Sissung are Lees‐Sulzer's former and current counsel in the child custody case. Defendant, Malvina Ovanezova, is the court appointed minor's counsel in the family law matter. Plaintiff alleges that all defendants made false statements to judicial officers and drafted declarations containing false statements that were fi...

Excerpt: ... and services. Defendant failed to pay Plaintiff $37,604.91, which was owed under said agreement. The complaint asserted causes of action for breach of agreement and reasonable value of goods used and delivered. The matter went to trial on 8/13/21, and the Court found in favor of Plaintiff. On 9/14/21, judgment was entered against Defendant in the amount of $40,264.11. Plaintiff brings this motion seeking to compel responses to interrogatories pr...

Excerpt: ...le”) from Defendant Browning Dodge Chrysler Jeep Ram (“Browning”). The Subject Vehicle was manufactured and/or distributed by Defendant FCA, LLC (“FCA”). In connection with the purchase, 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, various emissions warranties that exceed the tim...

Excerpt: ...station 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 claims over $100,000 in past and future medical and future loss of earning specials. On July 19, 2021, the Church served form interrogatories on...

Excerpt: ...owever, the Court did not find that declaration dispositive for purposes of this motion. As to the motion for expert fees, the Court grants Plaintiff's motion in its entirety with the exception for Dr. Grames of $5,000. Thus, the total amount of expert fees is $81,024.30 As for the motion to tax costs, the Court grants the motion as follows: • $824.01 in deposition costs • $8,949.50 in transcript costs • $3,604.44 in trial equipment, binder...

Excerpt: ...er, sanctions are appropriate, and are assessed at $475.00 for each motion. Factual / Procedural Context: Gloria Coronel (“Plaintiff”) alleges that she was injured when a metal gate pole in the parking lot owned, operated, or maintained by Clementina Zamora, Alvaro Lepe Santoyo, Junapa Mexican Food, LLC dba Taqueria 2 Potrillos Restaurant, Epitasio Serbantes, Antonio Barrios, and Juan Carlos Varela, went through the windshield of Plaintiff's ...

Excerpt: ...ts, and ultimately terminated her. On 6/1/20, Plaintiff filed her complaint for: (1) sex discrimination; (2) pregnancy discrimination; (3) failure to grant pregnancy leave in violation of pregnancy disability law; (4) disability discrimination; (5) retaliation; (6) Business & Professions Code §17200; (7) failure to provide reasonable accommodation; (8) failure to engage in good faith interactive process; (9) wrongful termination in violation of ...

Excerpt: ... Declaration: All objections overruled; 4. DeRosa Declaration: Sustain as to objections nos. 16, 18, 19, 20, 21, 23, 24, 25, 26, 27, 30, 31, 33; overruled as to the remainder; 5. “Unsupported facts contained in the FAC”: All objections overruled. The Court grants the Defendant's Request for Judicial Notice under Evidence Code section 452 as: 1. Plaintiff's FAC; and 2. The Classified Bargaining Unit Agreement, July 1, 2018 through June 3, 2021...

Excerpt: ... VS CALIFORNIA MAGNOLIA CONVALESCENT HOSPITAL, INC. MOTION TO STRIKE COMPLAINT ON COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF DOREEN ACRA BY VIBRA HOSPITAL OF SAN BERNARDINO LLC CVRI2101471 ACRA VS CALIFORNIA MAGNOLIA CONVALESCENT HOSPITAL, INC. DEMURRER AS TO CAUSE(S) OF ACTION DEFENDANT VIBRA HOSPITAL OF SAN BERNARDINO, LLC DBA BALLARD REHABILITATION HOSPITAL'S NOTICE OF DEMURRER TO PLAINTIFF'S COMP...

Excerpt: ... own motion to 2/22/22. 2. RIC1824301 KAURA VS THE LAW OFFICES OF BORTON PETRINI LLP MOTION TO COMPEL BY THE LAW OFFICES OF BORTON PETRINI LLP, DANIEL L FERGUSON, JEFFERY A DAINS RIC1824301 KAURA VS THE LAW OFFICES OF BORTON PETRINI LLP MOTION TO COMPEL BY THE LAW OFFICES OF BORTON PETRINI LLP, DANIEL L FERGUSON, JEFFERY A DAINS RIC1824301 KAURA VS THE LAW OFFICES OF BORTON PETRINI LLP MOTION TO AUGMENT EXPERT LIST BY VINOD K KAURA, VEENA R KAURA...

Excerpt: ...puted facts. On December 26, 2016, Plaintiff purchased a new 2017 Ford F‐150 from Fairview Ford Sales, Inc. (Defendants' Statement of Undisputed and Disputed Material Facts [“Defendants' Separate Statement”], ¶1.) On or around April 27, 2018, Plaintiffs called Ford to complain about certain problems with their vehicle and requested that Ford repurchase the vehicle. (Defendants' Separate Statement, ¶2.) On May 09, 2018, Ford sent Plaintiff...

Excerpt: ...e Ruling: The hearings have been continued to March 8, 2022, at 8:30am in Dept 3. Any reply will be due according to the new date. 2. CVRI2103780 SAPIDA VS FCA US LLC MOTION TO COMPEL ARBITRATION Tentative Ruling: The Court denies the motion to compel arbitration. Factual / Procedural Context: This is an action brought by plaintiffs Lisa Sapida and Arturo Sapida (“plaintiffs” or “Sapidas”) who allege that on 5/29/16, they bought a 2017 Ch...

Excerpt: ...ty from defendant John La Force (“Defendant”) on March 7, 2021 for $1,005,000 with a closing date of April 15, 2021 and contingent on Plaintiffs' sale of their current home located at 6684 Musk Mallow Court in Eastvale (“Musk Mallow property”). Plaintiffs paid an initial $30,000 earnest deposit. As a result of the delays in the third party's purchase of the Musk Mallow property, Plaintiffs and Defendant agreed to extend the closing date f...

Excerpt: ...ely, “Defendants”), alleging professional negligence by Dr. Sedrak in treating Ms. Camara's medical conditions. (See Compl. 5.) Plaintiffs sought to recover damages for wage loss, hospital and medical expenses, loss of earning capacity, and loss of consortium. (Id. ¶ 11.) On September 29, 2021, Defendants filed a motion for summary judgment against Plaintiffs' entire complaint on the grounds that (1) Dr. Sedrak met the standard of care in al...

Excerpt: ...day's date. Factual / Procedural Context: Plaintiffs Atil Kant and Vijma W. Kant (“Plaintiffs”) allege that in 2007, they obtained a loan in the principal amount of $120,000 (the “Loan”) from Countrywide Home Loans, which was secured by a second position deed of trust recorded against Plaintiffs' property. (First Amended Complaint (“FAC”), ¶ 12, Ex. A.) In 2008, Plaintiffs began having trouble making payments on the Loan and reached ...

Excerpt: ...ly Aceves (“Aceves”) and Sage Cayman (“Cayman”) allege that on June 29, 2020, they were involved in a vehicular collision with a vehicle driven by Defendant Scott Buchanan (“Defendant”). Plaintiffs allege that Defendant drove the vehicle negligently. On July 22, 2021, Plaintiffs filed their Complaint. They assert two causes of action for: (1) Motor Vehicle; and (2) General Negligence. Pursuant to her written discovery responses, Aceve...

Excerpt: ...OG, a public entity, demurs to the entire Second Amended Complaint (“SAC”) as well as to each of the causes of action allege against it. This is an action to recover damages resulting from an abandoned solar panel installation. The original Complaint was filed on October 27, 2020, and thereafter amended twice under stipulations and orders granting leave to amend. The operative SAC was filed on August 17, 2021, alleging a total of 12 causes of...

Excerpt: ...o the remaining objections. Factual / Procedural Context: This is a wrongful foreclosure action. Plaintiffs Albert Goff and Diane Goff (“Plaintiffs”) allege they obtained a mortgage loan on September 5, 2006 in the amount of $416,150 that was secured by a deed of trust (“DOT”) on property located at 1108 Carter Lane in Corona. (First Amended Complaint (“FAC”), ¶¶ 5, 6.) The DOT was subsequently assigned to defendant Deutsche Bank Na...

Excerpt: ...nt's medical exams of Plaintiffs, Plaintiffs' experts Dr, Gravori and Dr. Malekmehr put forth new claims of thoracic outlet syndrome.1 Pertinent to this Motion, Plaintiff, Sheena Holguin's diagnosis was made 11/11/21, the one and only time Dr. Gravori examined Sheena. Defendants contend this diagnosis was only put forward days before the expert deposition on 12/9/21. Defendants further contend that the 12/9/21 deposition, Dr. Gravori also put for...

Excerpt: ...ons of Hyrosen's motion. The Court finds that the paragraphs subject to the motion are based on protected activity and are privileged under Civil Code §47. The Court finds that Hyrosen is a prevailing party, and awards attorney fees and costs in the amount of $10,060. On Plaintiffs/Cross‐Defendant Northgate's motion, the Court grants the motion in the same manner as for Hyrosen, except for ¶23, which did not apply to Northgate. The Court find...

Excerpt: ...formed corporate Plaintiff Kelker Pharma, Inc. (Kelker) to produce and distribute dietary supplements. In 2016, Tariq, Kahn, Qurashi and Abdullah Kelker, who eventually transferred his shares to Tariq, executed a partnership agreement (“Agreement”) indicating the shares of Kelker owned by each partner and other rights and obligations of partnership, including involuntary separation. Kelker was not profitable through 2017, so Tariq loaned the ...

Excerpt: ...t grants the motion to compel further responses to request for admission nos. 39‐45, but denies as to nos. 37, 38 and 46. The Court denies each party's request for sanctions. Factual / Procedural Context: On December 26, 2017, plaintiffs Donald J. Deever and Connie M. Deever purchased a new 2017 Ford F‐150 that was manufactured and distributed by defendant Ford Motor Company. Plaintiffs allege the subject vehicle came with serious defects and...

Excerpt: ...tively Andrew and Christian are referenced as “plaintiffs”), allege that on 7/2/19, Andrew signed a Short Form Deed of Trust (“DOT”) in the amount of $225,000.00 in favor of defendant Relat Holdings Limited, Inc. (“Relat”). Plaintiffs allege that Relat is a hard money lender and has a secured interest in the property located at 6935 Palomar Way in Riverside (“subject property”). Plaintiffs allege that defendant Commercial Loan, LL...

Excerpt: ...d and Getty Shalikar in the amount of $55,596.00. (CCP §§ 685.010, et. seq.; and 1033.5.) Plaintiffs assert that they were the prevailing parties at trial and are entitled to attorneys' fees and costs under contract, statute, and law. Mohammed opposed, and on 12/8/21, this Court continued the motion to 1/21/22 to allow Mohammad to clarify his specific challenges to the billing entries. Mohammad filed his Supplemental Brief in Opposition to the ...

Excerpt: ... Analysis A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. “Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact‐specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App. 4th 92, 98.) Motion to Compel Further Response to Form Interr...

Excerpt: ...his employment. Although an independent hearing officer made a recommendation in Petitioner's favor, under the MOU, the City Manager disregarded the recommendation and terminated Petitioner. Petitioner filed this writ in this Court, but on 10/1/21, the Court denied Petitioner's petition and entered judgment on 11/9/21. On 11/30/21, the City filed its memorandum of costs for $7,852.16. Petitioner moves to tax costs of $6,283 contending is reasonab...

Excerpt: ... 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) Judicial notice of Exhibit 1 and 2 are granted pursuant to Evidence Code § 452(c), (h). Factual and Procedural background: On 8/10/21, the court sustained a demurrer to the first cause of action with leave to amend. Plaintiff filed the operative first amended complaint (“FAC”) on August 30, 2021, alleging three causes of action: (1) br...

Excerpt: ...hich 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 shopping center, limits development, and prohibits the impediment of pedestrian or vehicular tr...

Excerpt: ... discovery conference within the next 10 days. If the matter is not resolved at the informal discovery conference, the Court will set a new hearing date shortly thereafter. In any event, the Court denies the request for sanctions. Factual / Procedural Context: This action arises from a motor vehicle accident between Plaintiffs and Defendant Premier General Engineering's employee Carlos Guevara. Plaintiff Carlos Holguin contends that as a Page 4 o...

Excerpt: ... Perris Union High School District (“Defendant” or the “District”). Plaintiff filed the Complaint on February 22, 2021. In September 2021 and again in October 2021, Plaintiff served the District with deposition notices of its employees, Juan Santos, Gypsi Perez and Erika Mariaca. The District served objections both times, indicating counsel and deponents were unavailable on those dates. Plaintiff contends the District did not offer altern...

Excerpt: ...ual / Procedural Context: Plaintiff, Jose Orozco‐Carreon, alleges that on 12/23/17, he purchased a new 2018 KIA Optima from Defendant, Kia America, Inc.'s (KA) [formerly Kia Motors America, Inc. (KMA)] authorized retailer, which was manufactured and/or distributed by KA. Plaintiff alleges the vehicle was purchased with an express warranty among other warranties. He alleges that during the express warranty period, the vehicle developed various d...

Excerpt: ...l further responses to Form Interrogatory 17.1 is granted in part and denied in part. Plaintiff shall provide further responses without objection to each of the requests in dispute and to provide a further substantive response to Form Interrogatory 17.1(d) as to Requests for Admission Nos. 23, 24, 27, 29, 30, and 32. Corona Regional Medical Center's motion to compel further responses to requests for production, set two, is denied as to Request No...

Excerpt: ...thin 20 days from today's date. Factual / Procedural Context: This is a breach of contract case. 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�...

Excerpt: ...azing and failing to comply with the directions of a UCR official. Rather than repeat all of the remaining facts and issues, the Court incorporates the findings and orders from the Ruling on Submitted Matter, filed on September 21, 2021. On April 15, 2020, Petitioner filed his Petition for Writ of Administrative Mandate under Cal. Code Civ. Pro. §1094.5 against Respondent Regents of the University of California (“Respondent”). On September 1...

Excerpt: ...f today's date. The Court declines that request because of CCP § 430.41. That section requires that prior to the filing of a demurrer that the moving party “meet and confer” with the opposing party. That has obviously not occurred as of yet since Defendant had to file this motion for relief before they were able to file a demurrer. Thus, if the issues on demurrer are not resolved during the meet and confer process, Defendant shall file a dec...

Excerpt: ...es she is a tenant at property located at 56570 Hwy 74 #331 in the Lake Hemet Campground, a mobile home park. (Second Amended Complaint (“SAC”), ¶ 1.) Plaintiff filed the original complaint on August 10, 2020, the First Amended Complaint on January 14, 2021, and the operative SAC on April 30, 2021. Following several rounds of demurrer, Plaintiff alleges in the SAC the following causes of action: 1) declaratory relief; 2) breach of contract; ...

Excerpt: ...tress causes of action (7th, 11th and 13th causes of action) with 30 days leave to amend. The Court overrules the remainder of the Demurrer. 2. The Court grants the Motion to Strike the claims for punitive damages with 30 days leave to amend. As to Plaintiff's claim for “property loss, mental and emotional distress...and loss of use of enjoyment of their home” damages from the Unfair Business Practices cause of action, the Court grants the mo...

Excerpt: ...operated by Defendant Premium Outlets Partners, L.P. (“POP”). Defendant Interstate Cleaning Corporation (“ICC”) provides janitorial services for the Shopping Center. Plaintiff allegedly slipped on a slippery liquid on a common walkway area and sustained serious injuries to his knee and femur. On June 28, 2019, Plaintiff filed his Complaint. He asserts two causes of action for: (1) General Negligence; and (2) Premises Liability. POP and IC...

Excerpt: ...urt orders Defendant to file an answer within 20 days from the date of this order. Factual / Procedural Context: This is a partition action. Plaintiff Kimberly S. Norton‐Mercer (“plaintiff” or “Norton‐Mercer”) alleges she obtained title by grant deed dated 3/20/21, and recorded on 5/14/21, to real property at 26750 Oakmont Drive in Menifee (“subject property”) with defendant Marlyn M. Chabot (“defendant” or “Chabot”), with...

Excerpt: ...writ of mandate. FACTUAL / PROCEDURAL CONTEXT Plaintiff Four Star Midwest Investment, Inc. alleges that it owns real property at 10001 Limonite Avenue in Defendant City of Jurupa Valley that is 9.76 acres and located in a W‐2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low‐density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home p...

Excerpt: ...nded Complaint, on 10/29/18. After many additional years of litigation, trial in this matter began on 08/20/21. Each side filed numerous pretrial motions in limine: The Defense filed fifteen motions in limine; the Plaintiff nine. Jury selection began on 08/30/21. During the evidence portion of the case, many witnesses testified and numerous exhibits were admitted. After thirteen days of trial, the jury began deliberations on 09/22/21. During the ...

Excerpt: ...ase arises from a car accident that took place on September 16, 2019 at the intersection of San Jacinto Avenue and West Ramona Expressway in San Jacinto, California. Plaintiff Ana Avila asserts she suffered multiple injuries including neck pain, back pain, muscle strain, hip pain, headaches, knee pain and sleep disturbances as a result of the accident. Defendant brings the instant motion to compel an independent medical examination (IME) of Plain...

Excerpt: ...��Defendant”). Sarah was conducting the lesson. Plaintiff's daughter was on a trainer horse that was led in circles by Sarah. During the lesson, Defendants' dogs started barking which allegedly spooked the horse causing it to gallop. Plaintiff witnessed her daughter being violently shaken back and forth like a ragdoll. Although Plaintiff alleges no injuries to the daughter, Plaintiff asserts that she suffered emotional distress. On July 23, 202...

Excerpt: ...Planet Bingo retained Defendants William Youngblood and 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 batte...

Excerpt: ...s and the separate statement does not address the deficiencies, no further responses are required. The requests for sanctions is denied. Factual / Procedural Context: On May 14, 2019, Plaintiff Josephine Peraza (“Plaintiff”) was shopping at a store owned and operated by Defendants Target Corporation and Target Stores (“Target”) when she slipped and fell on water on the floor. Plaintiff alleges that the water leaked from a defective refrig...

Excerpt: ...Covid‐19 related sepsis. Defendant failed to properly assess decedent's risk of falls, and fell four days after admission which was not charged. She fell again the next day with reported elevated blood pressure but this was not reported to the doctor. Defendant again deemed decedent a low fall risk with false documentation. A few days later, decedent's blood pressure was deemed extremely elevated but no medical attention was provided. It was no...

Excerpt: ...or about May 2019, it was contracted by Capital Logistics to provide staffing for its warehouse operations. Starting in September 2019, Defendants stopped making full and complete payment to Plaintiff on the invoices for staffing. Defendants repeatedly promised Plaintiff that it would make larger payments against the invoices, and, based on these promises asked Plaintiff to continue providing staff for Defendants' warehouses. Despite their assura...

Excerpt: ...ode Civ. Pro § 473.5(a) provides that “when service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.” Under section 473.5 a court may grant relief from a default judgment even where there has b...

Excerpt: ...intaining the golf course property and the intervening 61 acres of land between the golf course and the Trilogy community homes (“Perimeter Area”). Defendant has moved for a motion for Judgment on the Pleadings. CBGM's Complaint alleges as follows: The Trilogy at La Quinta is a master planned community governed by a master Declarations of Covenants, Conditions and Restrictions recorded in March 2003. (Complaint, ¶10.) Defendant Guralnick ser...