Excerpt: ...ff Banning Heights Mutual Water Company alleges defendant James F. Lefebvre engaged in gross misconduct while serving as its general counsel from to 2CG. On February 26, 2010, Plaintiff filed the original complaint against Defendant for legal malpractice, breach of fiduciary duty and breach of contract and filed a prcff of service by mail. Plaintiff filed a requestfor default and submitted a default package to the Court. The Court denied the defa...

Excerpt: ...ligence on the grounds that Defendant met the standard of care, summary adjudication of the second cause of action for res ipsa loquitur because it didn't have exclusive control of the retained foreign object. II. EVIDENCE SUPPORTING MOTION Defendant submitted the Request for Judicial Notice and the declarations of Susan Heider, John Deacon, M.D., and exhibits. Request for Judicial Notice: Defendant requests that the court take judicial notice of...

Excerpt: ...d's motion for judgment on the pleadings. Factual / Procedural Context: On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the warranty period — includin...

Excerpt: ...Riverside Nissan. (Complaint, 6.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (Complaint 11-12, 26, 32 and 42.) The Complaint sets forth causes of action for: (1) Violation of Song-Beverly Act, Section 1793.2 (D) Violation of Song-Beverly Act,...

Excerpt: ...e process, 5) failure to prevent discrimination and retaliation, and 6) declaratory relief. A jury trial was held and the jury found for Plaintiff and awarded damages. Furthermore, the judgment reflects that Plaintiff is entitled to reasonable attorneys' fees and costs, including expert witness fees, upon a noticed motion for attorneys' fees a based upon a Memorandum of Costs. On May 15, 2023, Plaintiff filed their motion for attorneys' fees and ...

Excerpt: ...dent of City of Moreno Valley, California, who described herself as a person who "could be considered a Moreno Valley Activist." (FAC, 7.) Defendant Patricia Jacques-Nares ("Defendant") is the former City Clerk for Moreno Valley. Through her activism, Plaintiff frequently communicated with Defendant. Plaintiff alleges that tenants of a property located at 15309 La Palma Way, Moreno Valley ("Subject Property") were operating an illegal motorcycle ...

Excerpt: ...L FURTHER DEPOSITION TESTIMONY FROM DEFENDANT LEGEND INVESTMENT MANAGEMENT, LP Tentative Ruling: The Court grants the motions to compel, and orders Defendant American Everglow Regional Center, LLC, Legend nvestment Management, LLC and Glory Investment International, lnc to PMQs as to each respective topic within 30 days. As for sanctions, the Court finds substantial justification not to award sanctions to either side, and denies each request. Fac...

Excerpt: ...5,000) OF STACIE OLSON CVSW2204456 OLSON VS LOMA LINDA UNIVERSITY MEDICAL CENTER - MURRIETA MOTION FOR SUMMARY JUDGMENT ON COMPLAINT FOR MEDICAL MALPRACTICE (OVER $25,000) OF STACIE OLSON Tentative Ruling: The Court grants Defendants Jaime De'Jesus Perez, P.A, Michael James Garcia, M.D„ Carl Murillo, M.D., and Gary Thomas Baldwin, P.A.'s unopposed motions for summary judgment. Factual/procedural Content: This is a medical malpractice action. Pl...

Excerpt: ...and Moss Brothers Chrysler Doge Jeep Ram Riverside. On 8/16/21, Plaintiff purchased a 2020 Jeep Wrangler (the "Vehicle"), which was backed by an express warranty, from Defendants. (Complaint, 8- 9.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. ...

Excerpt: ...lejandra Anzorena; Erika Villegas; Norma Villegas; and Diego Anzorena Loya ("Plaintiffs") allege that decedent Altagracia Loya slipped on Defendant's stair case, hit the back of her head and subsequently died. A Complaint was filed on April 12, 2022 by decedent's surviving heirs alleging (1) wrongful death sounding in negligence and (2) premises liability. An Answer was filed by Defendant Bernardo Buevara ("Defendant") on July 28, 2022 alleging s...

Excerpt: ...r for punitive damages and injunctive relief with 30 days leave to amend. Factual / Procedural Context: This is a pregnancy discrimination case. Beginning in March 2021, Plaintiff Rozanne Givens ("Plaintiff") was employed as an assistant for Defendant Riverside Personnel Services, Inc. ("Defendant"). Plaintiff notified Defendant she was pregnant, and in December 2021 required to take time off due to pregnancy related medical condition. While on l...

Excerpt: ...GA"). Plaintiff alleges that on May 11, 2022 he purchased a 2022 Volkswagen Jetta (the "Vehicle"), which was backed by an express warranty. ("Complaint, '1 14.) Defects and nonconformities to warranty manifested within the applicable warranty which VGA's authorized repair facility, CardinaleWay, was unable to repair. (Complaint, "1 15-18, 39.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express...

Excerpt: ... Compensation (Labor Code SS 510, 1194(a) and 1198; 2) Failure to Pay Minimum Wage (Labor Code SS 1194(a) and 1197); 3) Failure to Provide Meal Breaks (Labor Code SS 226.7 & 512 (a)); 4) Failure to Provide Rest Breaks (Labor Code S 226.7); 5) Failure to Provide Accurate, Itemized Wage Statements (Labor Code S 226); 5) Waiting Time Penalties (Labor Code S 203); 7) Failure to Reimburse Business Expenses (Labor Code S 2802); and 8) unfair Business P...

Excerpt: ...0(g). The Court orders Plaintiff's counsel to provide information as to how the declaration was translated, and whether it was done by a certified interpreter. As noted below, however, even if the Court disregarded Plaintiff's declaration, the Court finds a triable issue of fact exists with respect to Dr. Garg, and thus, the motion is denied. Factual / Procedural Context: Jose Perez ("Plaintiff") notified his employer, QG Printing II LLC ("QG Pri...

Excerpt: ... alleges that he witnessed two events which he reasonably believed to be unlawful and reported them to his manager. First, while shadowing an employee of the County, during a visual inspection of an infant to rule out general neglect by the mother who was blind, the employee requested the infant's mother to take the diapers off the infant without having reasonable belief for such a request, as no neglect was visible on the infant. Second, on or a...

Excerpt: ...es entered into a Residential Purchase Agreement and Escrow Instructions ("Agreement"). Plaintiff paid Wang $115,000 in cash up front and moved into the Subject Property prior to the completion of the formal paperwork. Plaintiff alleges that Wang misrepresented that Plaintiff had to give Wang an additional $100,000 pursuant to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), which Wang pay to the IRS, which would then refund $25,...

Excerpt: ...efendants"). On 1/12/22, Plaintiff purchased a 2020 Nissan Kicks (the "Vehicle"), which was backed by an express warranty, from Defendants. (Complaint, 15.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (See Complaint generally.) The Complaint s...

Excerpt: ...) were injured when a vehicle they were in was struck by vehicle operated by Joe Sherman Phillis ("Phillips"). Plaintiffs contend that Direct Auction Services, LLC ("Direct"); FCA US LLC ("FCA"); and Manheim Investments, Inc. ("Manheim") (added later as a Doe defendant) either owned the vehicle driven by Philips, negligently entrusted the vehicle to Phillips, or employed Phillips. The complaint asserts the following causes of action: (1) motor ve...

Excerpt: ...s causes of action for Negligence, Premises Liability and Strict Liability Dog Bite/Dangerous Animal. By these Motions, Defendants Stephen Riggs and David Geisler seek sanctions pursuant to CCP S 128.7 based on the filing ofthe Complaint. They contend the legal contentons made in the Complaint are without merit, have no evidentiary support and the Complaint was brought for an improper purpose. They seek terminating sanctions and monetary sanction...

Excerpt: ...o a written contract on January 9, 2018, with defendant Moon Lev Investments LLC ("Moon Lev") to prov-de design, planning and construction of improvements ("Project") on property owned by Moon Lev at 18342 Blue Dream Crossing in Desert Hot Springs ("subject property"). Ecomaster alleges it supplied labor, materials, and supplies for the work of improvement on the subject property but at the time of recording a Mechanic's Lien on December 2, 2020,...

Excerpt: ... 20 days. The Court shall address the Defendant's ex parte motion to continue trial at the hearing. Factual / 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)I authorized retailer, which was manufactured and/or distributed by KA. Plaintiff alleges the vehicle was purchased with an express warranty among...

Excerpt: ...ibility (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 Development Company (Real Partes in Interest [RPI] or Applicant) on 12/20/21. (Supporters' Petitioner [Pet. #11.) Petitioner, SAFER, is challenging the City'...

Excerpt: ...ENS Tentative Ruling: ** The Court shall hear these motions at 8:30 am ** Motion for summary judgment on the Complaint: 1. The Court grants Plaintiffs' motion for Summary Judgment. 2. The Court grants Plaintiff's request for judicial notice. 3. The Court sustains Defendant's evidentiary objection nos. 18-23, 103-106, 130, 131, 144-160, 183-185 and 229-239; the court overrules all other objections. 4. The court sustains Plaintiffs' evidentiary obj...

Excerpt: ...is denied. The request by Plaintiff to add additional fees is denied. Factual / Procedural Context: This case concerns a multĕehicle accident that occurred on the 1-10 east of SR-62 on 3/21/18. Plaintiffs Janiece Manthey ("Janiece") and Nathan Drake ("Nathan") (collectively "Plaintiffs") 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...

Excerpt: ...y defendants/cross-complainants 80b M. Hannah and Diana Sue Hannah (the "Hannahs"). The plaintiff, Team 1 Restoration, Inc. ("Team 1"), alleges that it performed constructon work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 202...

Excerpt: ...f") was offered a job with United Material Handling, Inc. ("Defendant") as an account manager in the sales department. Plaintiff contends Page 3 of 6 that while he was employed with Defendant he excelled at his job and he exceeded his sales goals. In January 2022, Plaintiff's wife gave birth and Plaintiff took paternity leave from January 12, 2022 through February 2, 2022. On or around February 28, 2022, Plaintiff's wife began to experience compi...

Excerpt: ...endant has presented undisputed evidence that it did not breach any duty to Plaintiff or cause any of Plaintiff's alleged damages. (UMF 6-11.) Because the Court is granting the motion for summary judgment, the motion for sanctions is hereby moot. The Court recognizes that Plaintiff is self-represented and has not filed an opposition. The Court shall order the parties to appear at hearing either by Zoom/telephone or in-person, but unless Plaintiff...

Excerpt: ...rocedural Context: Plaintiff Florence Walker is a former inmate who was previously incarcerated at two different correctional institutons in the State of California, Central California Women's Facility (CCWF) located in Chowchilla and California Institution for Women (CIW) located in Corona. Plaintiff brings this achon against the State, the California Department of Corrections and Rehabilitation (CDCR), and various CDCR employees levying violati...

Excerpt: ...this Motion to compel further responses to RFA Nos 2- 12 and 15-19 and Form Interrogatory 17.1. She contends the responses are incomplete and/or the objections are without merit. She seeks $4,560 in sanctions for having to bring the Motion. Defendant opposes claiming Plaintiff did not properly meet and confer, the separate statement is improper and the responses are sufficient and the objections are warranted. Defendant seeks sanctions for having...

Excerpt: ... 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 I Banning, California (the "Property") (Complaint, "1 2, 6.). Pacterra is alleged to be the owner of the Property. (ld., '1 3, Exhibit A [grant deed].) A&M is alleged to be in control of the Property, which consists of an abandoned and partially boarded up, fire-damage...

Excerpt: ...that Petitioner engaged in the violations in the notice of intent to terminate, the City Manager terminated Petitioner. Petitioner alleges that City's decision is not supported by the findings. Petitioner contended the City abused its discretion because under the MOLI, it is the arbitrator who has the authority to determine the relevancy, weight and credibility of testimony and evidence. He argued that the MOU does not permit a de now review of t...

Excerpt: ...rty and the intervening 61 acres of land between the golf course and the Trilogy community homes ("Perimeter Area"). The moving Defendants, Wayne Guralnick and Guralnick & Gilliland, acted as counsels representing Trilogy HOA in these negotiations and discussions. 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...

Excerpt: ... defendant General Motors, LLC ("Defendant" or "GM"). With the purchase, Plaintiffs allege they received various express warranties. Plaintiffs allege the subject vehicle came with material defects and nonconformities to warranty related to the engine, and transmission, that Defendant's authorized repair facility was unable to repair despite numerous attempts. Plaintiffs filed the Complaint on 12/14/21 alleging various causes of action under the ...

Excerpt: ...n 20 days. Factual / Procedural Context: Plaintiff Gary Forman "(Plaintiff) entered into a warranty contract for a 2019 Chevrolet Bolt ("subject vehicle") manufactured by Defendant General Motors, LLC. (Second Amended Complaint (SAC) 6.) Plaintiff alleges that the subject vehicle was delivered with serious battery defects that Defendant was aware of and failed to disclose. (SAC 21-39.) Plaintiff provided his vehicle to Defendant and its represent...

Excerpt: ...merica, Inc. ("NNA"). On November 13, 2018, Plaintiff purchased a new 2019 Nissan Versa (the "Vehicle"), which was backed by an express warranty, from the non-party dealer, Riverside Nissan. (Complaint, 6-7, 19; Declaration of Parada K. Ornelas in Support ("Ornelas Decl."), 2, Exhibit 1.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, including defects in the transmission a...

Excerpt: ...4, 35, 36. Factual / Procedural Context: Plaintiff YYC Management Inc. ("Plaintiff or "YYC") alleges it is engaged in the business of shipping and logistics, and coordinates shipping, warehousing and delivery of goods to its customers. Plaintiff alleges that it hired defendant Jianwei Lin aka Justin Lin ("Lin") in mid-2021 to serve as a Dispatch Operations Manager, a management-level position. In September 2022, YYC discovered that Lin had been e...

Excerpt: ... employment (and investigation) as an assistant professor at University of California, Riverside. In the fall of 2016, Dr. MartinsGreen was faced with a situation which arose among several graduate students. She learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being improperly targeted and harassed by two other students who were male, Student C and Student D. Plaintiff advised S...

Excerpt: ...t: This is an employment action. Plaintiff Mia Prather alleges she employed as a front office manager by defendants Mohammed Ali Zareh DDS, Inc. ("Defendant" or "DDS") and Castleview Dental starting July 2020. In January 2021, a patient threatened Plaintiff's health and safety. Plaintiff sought medical attenton for her mental health, anxiety and stress, took time off from work with a doctor's note and obtained a restraining order against the pate...

Excerpt: ...ts the motions to compel, and orders Defendants to provide responses without objection within 30 days. The Court denies the request for sanctions. 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...

Excerpt: ... 2021 Mercedes-Benz S580, manufactured and distributed by defendant Mercedes-Benz USA, LLC, that came with unrepairable defects and nonconformities to warranty. Plaintiff filed the Complaint on November 4, 2022, alleging breach of express and implied warranty under the Song-Beverly Act. Defendant filed an answer on December 19, 2022. On February 2, 2023, Plaintiff accepted Defendant's offer to compromise under CCP S 998 in the amount of $159,373....

Excerpt: ...ument and can articulate how/why these affirmative defenses are applicable, the Court will sustain the demurrer without leave to amend. The demurrer as to all other defenses is overruled. The moton to strike is moot. Factual / Procedural Context: Plaintiffs Anthony L. Perez ("Anthony") and Sandra L Perez ("Sandra") (collectively "Plaintiffs") allege that Anthony's brother, Defendant Arthur A. Perez, Jr. ("Defendant"), made false accusations to th...

Excerpt: ...ed the incident but the report was brought to Benavidez rather than the board. Instead of disciplining Benavidez, Plaintiff was now required to announce when she was entering a room or around Benavidez. When Plaintiff became pregnant and had a hip dislocation, she was placed on work restrictions in November 2019. But, Benavidez increased her case load and maintained the same pay rate, while newer employees with less experience received a higher p...

Excerpt: ...y, obtained a mortgage loan secured by 29255 North Crest Drive, Lake Elsinore, California 92530 (the "Property") from Lender Fairway Independent Mortgage Corporation in the amount of $264,000.00, memorialized by a Deed of Trust. (Comp„ Exh. A.) However, Plaintiff Edward Lepas ("Plaintiff") also alleges that he is the "rightful and lavvful owner" of the Property and was the one who obtained the loan. (Comp. , 1, 10.) Plaintiff alleges "he attemp...

Excerpt: ...Rocha, who has answered. Plaintiff filed a complaint against Defendants with the California Department of Fair Employment and Housing ("DFEH") on October 19, 2022. The DFEH issued Plaintiff a "RighttoSue" letter that same day. (First Amended Complaint, 931.) A Complaint was filed on October 20, 2022 and a First Amended Complaint ("FAC") on December 14, 2022 for (1) Discrimination in Violation of the FEHA; (2) Sexual Harassment in Violation of the...

Excerpt: ...ection 761.020. All other grounds are denied. Leave is granted to allow Plaintiff to file an amended complaint within 30 days. Factual / Procedural Context Plaintiff Garrett Gottschalk brings the instant action on behalf of three related limited liability companies in which he is a managing member. Plaintiff has a 50% membership interest and is the managing member in LLC and G&H Group, LLC (a Montana LLC). Both LLCs do business exclusively in Cal...

Excerpt: ...9, Plaintiff purchased a new 2019 Nissan Rogue (the "Vehicle"), which was backed by an express warranty, from non- party Riverside Nissan. (Complaint, 8-11, 61, 71-72; Declaration of Edgar J. Salinas in Support ("Salinas Decl."), '1 3, Exhibit B.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which N...

Excerpt: ...l modify paragraph 17 to ensure compliance with CRC 2.550 and 2.551. Factual / Procedural Context On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , '1 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the...

Excerpt: ...and the original Trustee of the Trust. (FAC, 8-9). Love had a long history of alcohol abuse, and his alcoholism worsened over the years. (FAC, 16, 18-21.) His alcoholism contributed to his divorces and health problems. (FAC, 16, 20, 23, 31-33.) In the summer or fall of 2015, Love met Cynthia Elaine Rose ("Rose"). (FAC, 10, 22.) Defendant is Rose's adult son. (FAC, '1 26.) Love and Rose began cohabitating in or around 2015 at property (the "Proper...

Excerpt: ... this Song-Beverly case on February 22, 2022 against defendant American Honda Motor Co„ Inc. ("Defendant"). On May 23, 2022, Defendant served Plaintiffs with Notices of Deposition and Requests for Production of Documents at Deposition for and production date of June 7, 2022. (Declaration of David L Chaffin, '12, Ex. A and B.) ["Chaffn Decl.".l On May 16, 2022, Plaintiff's counsel, Kevin Y. Jacobson, served objections to the deposition notices o...

Excerpt: ...2, 75, 78, 81, 86, 87, 90. The Court grants the motion to compel further responses to Special Interrogatories 2, 5, 7, 10, 14, 23, 25, 40, 42-46, and 59. The Court denies the motion to compel further response to Form Interrogatory 12.1. The Court orders further responses to all discovery to be provided in 30 days. Factual / Procedural Context Plaintiffs purchased a 2019 Chevrolet Silverado on October 21, 2019. (Comp. 95.) The vehicle came with a ...