Excerpt: ...l., CPG, Civil Trials and Evidence (TRG 2014), S 18:115, p. 18-29, citing carney v. Simmonds (1957) 49 cal. 2d 84, 90.) In pertinent part, CCP S 657 provides the grounds for a new trial and states: The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially a...

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 ...

Excerpt: ... when the vehicle he was a passenger in was involved in an accident. He has named Mammoth Electric, Inc.; County of Riverside; Jabari Tutankhamun Gillett; Alfredo Amezola; Clarence Gillett; Jesus Ampelio Sanchez Santos; and Jorge Avendano Sanluis as defendants. The complaint asserts one cause of action for negligence. Some of the defendants have filed cross-complaints against each other for indemnity. Jabari Tutankhamun Gillett and Clarence Gille...

Excerpt: ...("Policies") to Defendant K&N Engineering, Inc. ("Defendant") from 2015 through 2020. The Policies included coverage for personal and advertising injuries. On February 16, 2022, FCA US, LLC ("FCA") filed a Complaint against Defendant for violations of Bus. & Prof. Code 517200 et seq. ("UCL") based on allegedly false or misleading advertising ("FCA Action"). Plaintiff agreed to defend Defendant in the FCA Action under a reservation of rights, incl...

Excerpt: ....6, 204.3-204.4, 204.6-204.7, 206.2-205.3, 207.1-207.2, 208.1- 208.2, 209.2, 211.1, 214.1-214.2, 215.1-215.2. 3) special Interrogatories, Nos. 1-34. 4) Requests for Admissions, Nos. 1-50. 5) Requests for Production of Documents, Nos. 1-86. Defendant is ordered to provide responses within 30 days from notice of this order. The Court denies the request for sanctions. Factual / Procedural Context: In August 2021, Plaintiff Kailey Carrillo ("Plaintif...

Excerpt: ...he fifteenth and sixteenth causes of achon for (1) Survival Action: Dangerous Condition on Public Property; and (2) Wrongful Death: Dangerous Condition on Public Property. As to defendants Nagle and CHP, the demurrer is sustained with 30 days leave to amend as to the eleventh, twelfth, thirteenth, fourteenth, and seventeenth causes of action for (1) Survival Action: Negligence; (2) Wrongful Death: Negligence; (3) Survival Acton, and (4) Loss of C...

Excerpt: ...manufactured or distributed by Defendant FCA US, LLC ("Defendant" or "FCA"). Plaintiff alleges that FCA provided certain warranties, but the Subject Vehicle was delivered with and/or developed nonconformities during the warranty period, including a defect with the PowerNet system (electrical architecture). Plaintiff alleges that he had to deliver the vehicle for repairs on multiple occasions, but FCA's authorized repair facility failed to conform...

Excerpt: ...er 13, 2023 at 8:30am. All parties are ordered to file an updated CMC statement prior to that hearing. Factual / Procedural Context: This is a trade secret misappropriation case. Plaintiff YYC Management Inc. alleges it is engaged in the business of shipping and logistics, provding shipping, warehousing, planning and cargo management for customers. Plaintiff's customers (primarily freight forwarders, manufacturers and/or distributors) place order...

Excerpt: ...ined with 20 days leave to amend as to the first and fourth causes of action alleged by Plaintiff Deborah Tunnell, and sustained with 20 days leave to amend as to the fifth cause of action alleged by both Plaintiffs. The Motion to Strike should be granted with 20 days leave to amend. Factual / Procedural Context: This action arises out of an incident which occurred on the private driveway of Plaintiffs' residential property, during which an Amazo...

Excerpt: ...zam"), and Liberty Mutual Insurance Company ("Liberty Mutual") (collectively, "Defendants"), alleging (1) breach of contract (only against Ryan), (2) general negligence (only against Liberty Mutual), and (3) fraud (against all Defendants). On October 18, 2017, Ryan executed a personal injury retainer agreement with Plaintiff for Plaintiff's legal services pertaining to Ryan's injury claims arising from a motor vehicle collision that ucurred on Oc...

Excerpt: .... Plaintiff now seeks leave to file a First Amended Complaint. This Motion is brought under California Ctxle of Civil Procedure sections 473, subdivision (a)(l), and 575 and California Rules of Court, rule 3.1324, and is made on the grounds that (i) the proposed FAC will not cause any unfair prejudice to Defendant John James Bassette ("Bassette") or undue delay; (ii) that the filing of the FAC will serve the ends of justice and judicial economy b...

Excerpt: ...rco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $155,000. As conditions of sale, Defendants made representations and warrantes about financial information, and status/condition of the assets. When escrow closed, Plaintiffs paid the $165,000 plus an additional $89,000 for the inventory. Almost immediately, Plaintiffs realized monthly re...

Excerpt: ...mber 28, 2022, Plaintiffs Adel Shehata ("Shehata") and The Dream for Investment, LLC ("The Dream") (collectively, "Plaintiffs"), filed a Complaint against, amongst others, moving Defendants Bassem Georgy ("Georgy"), Ahmed Hag ("Hag") and Elbarary, LLC ("Elbarary") (collectively, "Defendants"). The Complaint alleges, as relevant to the instant demurrer, the following causes of action: (1) breach of contract (by Shehata against Georgy & Elbarary); ...

Excerpt: ...NA") and Fontana Nissan. On November 3, 2018, Plaintiff purchased a 2018 Nissan Kicks (the "Vehicle"), which was backed by an express warranty, from the non-party dealer, Raceway Nissan. (Complaint, "1 10-11; Declaration of Nicholas S. Maugeri II in Support ("Maugeri Declaration"), 5, Exhibit 4.) Plaintiff alleges that defects and nonconformities — and specifically, defects in the electrical system, transmission and engine — manifested within...

Excerpt: ...non-party dealer, Corona Nissan. (Complaint, "1 7-8, 50-52, 61; Declaration of Scott D. Sharp in Support ("Sharp Decl."), '1 3, Exhibit 8.) Plaintiff alleges that defects in the transmission manifested within the applicable express warranty period and that NNA's authorized repair facility/dealer was unable to repair/conform the Vehicle. (Complaint, "1 10-11, 54, 62-64.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverl...

Excerpt: ...dlords and owners of property at 591 N. McKinley Street, Suite 100 in Corona ("premises"), which they had purchased in 2019. Landlord alleges its predecessor entered into a written lease ("Lease") with Tony King's Buffet, Inc. in 2012 to operate a restaurant on the premises. Defendants Xue Jiao Chen ("X. Chen") and Zen Yue Tin ("Tin") were guarantors of the Lease (collectively "2012 Guarantors"). In 2015, defendant Antelope Valley Fan's Inc. ("AV...

Excerpt: ...ainst Defendant in connection with the purchase of a new 2019 Chevrolet Silverado, alleging (1) violation of Song-Beverly Act Breach of Express Warranty and (2) violation of Song-Beverly Act — Breach of Implied Warranty. On November 30, 2022, Plaintiffs served a Notice of Deposition for Defendant's Person(s) Most Qualified ("PMQ") and Custodian(s) of Records, unilaterally scheduling the deposition for December 19, 2022. (Bissman Decl. 3, Ex. A....

Excerpt: ... demurrer as to the second and sixth causes of action with 30 days leave to amend. The Court overrules the demurrer to the fourth cause of action. The Court shall grant/permit Plaintiff leave to amend the FAC to add causes of action for Disability Discrimination, Failure to Accommodate, and Failure to Engage in a Good Faith Interactive Process in his amended complaint. Factual / Procedural Context: Plaintiff Frank Hoyas was hired by the City of R...

Excerpt: ...laration of Ali Ameripour in Support ("Ameripour Decl."), Exhibit 3.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities and developed other defects and nonconformities to warranty—including defects in the electrical and structural system defects, which HMA was unable to repair. (Complaint, 10, 18, 23-24, 49-50.) The Complaint sets forth three causes of acton: (1) Violation of SongBeverly Act — Breach of...

Excerpt: ... of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Plaintiff alleges that fts assignor (State Fund) entered into a written agreement where fts assignor agreed to provide policies of workers compensation insurance to Defendants and that Defendant breached the policies by falling to pay premiums assessed at the conclusion of the policies. Defendant now brings this demurrer to all causes of action alleged in the Compl...

Excerpt: ... discovery cut off dates, without prejudice." The 1st amended cross-complaint was filed on 7/22/22. On 9/20/22, following a motion for a vehicle inspection, the Court again only reopened discovery for purposes of a vehicle inspection. In short, the Court did not extend discovery for any other purpose. As a protective order is a discovery motion, and no leave has been granted to extend discovery, the motion is untimely. As such, the motion for san...

Excerpt: ... with 20 days leave to amend the wrongful death cause of action. The Court denies the moton to strike. As the pleadings are not at issue, the Court shall continue on its own motion the Case Management Conference Hearing to July 19, 2023 at 8:30am in Dept. 3. All parties may appear in-person or by Zoom/telephone. All parties are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context: Decedent Barbara Krosk...

Excerpt: ...ectively "Plaintiffs") were moving from Oregon to California and were looking to purchase a home in Riverside County. They hired California Dream Real Estate and Joshua Andrade ("Andrade") to help them with this task. Plaintiffs found a singlefamily residence in Beaumont. The property was owned by Yunbo Xia and Jiang Fe Li. It was disclosed that marijuana had been grown inside the house for a period of time. Plaintiffs were concerned about potent...

Excerpt: ... 1, 2021, Plaintiff filed her complaint for premises liability and negligence. Trial is currently set for May 5, 2023. Defendant now moves for summary judgment. (C.C.P., S 437c.) It argues the wheel stop was not a dangerous condition as it was unobstructed, and Plaintiff was walking quickly in flip flops with her five-month-old daughter in an infant car seat and not looking where she was going when she tripped and fell. It also argues that the wh...

Excerpt: ...verified complaint was filed alleging causes of achon for (1) Financial Elder Abuse [Welfare & Insttutions Code SS 15610.07; 15610.30]; (2) Intentional Misrepresentation; and (3) Quiet Title [CCP S 750.020.] Plaintiff, Margaret E. Adkins, is an 82-year-old woman and mother to Defendant Christopher Adkins ("Defendant," for purposes of this demurer). Defendant Diana Jones ("Diana") is in an unidentified relationship with Christopher, and apparently...

Excerpt: ... for the California Department of Real Estate ("Respondent" or "DRE") revoking his real estate broker license and granting in its place a restricted broker license. 1. Petitioner's License History Cusumano has been a real estate licensee of the DRE since 1991, originally obtaining a salesperson license. He obtained his real estate broker license in 1999, and a mortgage loan originator license endorsement on his broker's license in 2010. Petitione...

Excerpt: ...ated a duty to disclose, the Court grants the moton for summary adjudication. The Court finds no triable issues of fact exist for a duty to disclose underthe Asset Purchase Agreement. 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 fts owner, Reid Bradley ("Bradl...

Excerpt: ...to Nos. 4146 and 59-61. The Court denies the request for sanctions. Factual / Procedural Context: This is a derivative action brought by Plaintiff 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 ...

Excerpt: ...d by a second position deed of trust recorded against Plaintiffs' property. In 2008, they had trouble making payments on the loan and contacted the servicer. After settlement negotiations, no statements were sent and Plaintiff believed the loan was charged off. Twelve years later, in 2020, defendants Planet Home Lending LLC ("PHL") and Prestige Default Services ("Prestige") sought to foreclose on Plaintiffs' property. Plaintiffs tried to negotiat...

Excerpt: ...anager, FF Proper
Ÿes, L.P. (collec
Ÿvely “Defendants”). Carrie contends that the property was kept in untenantable condi
Ÿons. A
Ler she complained about said condi
Ÿons, she was retaliated against and harassed. She lived at the premises with her partner and children. The third amended complaint asserts causes of ac
Ÿon for: (1) breach of contract, (2) breach of the covenant of quiet enjoyment, (3) breach of the warranty of habitability...

Excerpt: ...19, Plaintiff attended Riverside Polytechnic High School and was on the varsity basketball team. Defendants Desmond Granger (“Granger”) was an assistant basketball coach who continuously engaged in grooming behavior, sexual harassment and inappropriate sexual touching of her and other members of the team. Plaintiff alleges she reported this behavior to Defendant Ashley Trotter “(Trotter”), another assistant basketball coach, and Sid Llara...

Excerpt: ...urt stating the means by which the parties met and conferred and identifying the specific objections in the demurrer that the parties were unable to resolve. As of March 2, 2023, no declaration had been filed. Without this declaration, there is no evidence the parties have properly met and conferred. Thus, for failure to follow the Court's order, the Court shall overrule the demurrer. However, even if there was a proper meet and confer, the Court...

Excerpt: ... $45,566.43 which includes: a. $18,165 for a jury consultant; b. $22,746.50 for a one-time bulk printing fee; c. $4,654.96 for the computational error as noted Plaintiff in its reply. c. Item 16 – Tax $816.72 ABI Document Support Services claimed in item 16 as these costs appear to be for Halio and Presley. The Court finds insufficient evidence to blanket tax any other costs. d. The Court calculates interest accrued as to Andrew to be $39,323.7...

Excerpt: ...s employment with defendant David Sanchez dba Apple Markets, Inc. Defendants admitted liability for causing the collection, but disputed the nature and extent of Plaintiff's injuries. The matter proceeded to jury trial on the issue of damages from September 30, 2022 to October 20, 2022. The jury returned a verdict in favor of Plaintiff and against Defendants in the total amount of $5,372,949.39. Judgment was entered on November 21, 2022. Plaintif...

Excerpt: ...ation of Eric Tsai in Support (“Tsai Decl.”), Exhibit A.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities and developed other defects and nonconformities to warranty – including defects in the electrical system, engine and suspension – which Defendant was unable to repair. (Complaint, ¶¶ 10, 18, 23-24, 49-50.) The Complaint sets forth four causes of action: (1) Violation of Song-Beverly Act – ...

Excerpt: ...injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of action for professional negligence. Defendants, County and Dr. Nguyen (alleged to be a County employee), bring this demurrer to the Complaint for failure to state facts sufficient to cons...

Excerpt: ...ext: On 6/30/20, Plaintiff Walker Schweizer, a minor by and through his guardian ad litem Jennifer Day (previously Kevin Schweizer [“Kevin”]), filed a complaint for motor vehicle. Plaintiff alleges on 12/27/18 at the intersection of Longhorn Drive and Silver Saddle Court in Canyon Lake, Defendant Jean Connie Lunney caused an accident. On 12/2/20, Plaintiff filed a First Amended Complaint (FAC) that added Charter Communications, Inc. (“Chart...

Excerpt: ... for 6 of the dependent adults as a caregiver. Carrasco made derogatory slurs to Plaintiff and her minor children, and ultimately assaulted her on 1/10/21. Defendant Jianchun Xu is the owner and alleged alter ego of AB Caring. Plaintiff filed this action on 5/3/21. The operative pleading is the Second Amended Complaint (SAC) filed on 5/12/22 for: (1) racial discrimination/harassment; (2) failure to prevent racial discrimination/harassment; (3) re...

Excerpt: ...er (“Petitioner”) who allegedly engaged in acts of immoral conduct, dishonesty, evident unfitness for service, persistent violation of or refusal to obey school laws of the state or reasonable regulations, and willful refusal to perform regular assignments without reasonable cause. Chavez was most recently assigned as an Early Childhood Special Education Preschool Teacher at Sunshine Early Childhood Center (“Sunshine”). An important funct...

Excerpt: ...LAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF JADEYN DOE BY COUNTY OF ORANGE CVRI2000771 DOE VS HARVEY MOTION TO STRIKE COMPLAINT ON 4TH AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF JADEYN DOE BY COUNTY OF ORANGE Tentative Ruling: As to Defendant ABC, the Court overrules the demurrer. As to the motion to strike, the Court grants the motion to strike all p...

Excerpt: ...ies, describing his physical injuries from the subject fall to include: ".... umbilical hernia; facial injury/head injury; hip injury; emotional/mental/psychological trauma; nightmares; hand, wrist and forearm injuries; and .... right inguinal hernia." (See (Declaration of Morgan, para. 2.) As noted by the City, Plaintiff is also seeking damages for lost wages as a result of the accident. At issue is a subpoena issued by the City to PAR Pharmaceu...

Excerpt: ...pear by Zoom/telephone at the next hearing. Factual / Procedural Context Plaintiff Kristopher Dreyer, pro per, filed the operative Complaint on August 26, 2021 alleging the following claims against Defendants Kezia Marques and Sean Patterson: (1) Defamation; (2) Slander; (3) Libel; (4) Fraud. Plaintiff filed a proof of services of summons on Defendant Kezia Marques on August 30, 2021. The proof of service indicates Marques was served via personal...

Excerpt: ...errules Plaintiff's objections to the declaration of Chad Thompson and Heidi FallsHand to the original motion. The Court overrules the objections to the reply declaration of Chad Thompson. The Court declines to rule on the reply declarations of Heidi Falls-Hand, Janel Johnson and/or Andrew Wellman as neither declaration was relied upon in rendering this ruling. The Court denies Plaintiff's request for judicial notice of RIC1903401. Factual / Proc...

Excerpt: ...eading. 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)] 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 develop...

Excerpt: ... Partners, LLC dba Riverside Nissan (“Riverside Nissan”). On June 2, 2019, Plaintiff purchased a 2017 Nissan Altima (the “Vehicle”), which was backed by an express warranty, from the non‐party dealer, Raceway Nissan. (Complaint, ¶ 15; Declaration of Scott D. Sharp in Support (“Sharp Declaration”), ¶ 3, Exhibit B.) Plaintiff alleges that defects and nonconformities, including defects in the transmission, manifested themselves withi...

Excerpt: ...oast Concrete Construction, Monica S. Perry and Robert S. Perry Sr. aka Robert Perry (collectively, “Defendants”). A stipulated judgment in the total amount of $1,503,177.80 (“Judgment”) was entered against all Defendants on February 2, 2018, and notice of entry was filed on March 12, 2018. (See Declaration of Nick I. Iezza in Support (“Iezza Decl.”), ¶ 2, Exhibit 1.) An abstract of judgment was issued and recorded in Riverside Count...

Excerpt: ...bing system burst at the residence of Plaintiffs Carlo F. Magno and Jasmine Rose Magno (“Plaintiffs”). A supply line in the wall behind the refrigerator burse which resulted in water flooding and damaging the kitchen, family room, dining room, and living room of Plaintiffs' property located at 1496 San Clemente Circle in Corona, California (the “Property”). The loss was discovered by Plaintiffs after coming down from the second level of t...

Excerpt: ...ce coverage, who recommended and procured insurance through Defendant The Burlington Insurance Company. Planet Bingo 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 battery. Beacon made a claim against Leisure, who subsequently made a claim against Planet Bingo. Burlington knew that the...

Excerpt: ...inspect the books and records of Cherry Hills as set forth in the Operative Operating Agreement and Corporations Code §§ 17704.10 and 17701.13. Cherry Hills' manager, Stephen M. Tapley (who is also a shareholder), has allegedly failed to comply with this request. Stephen Tapley has also called a special meeting to vote on whether shareholders should be required to pay $600,000 to cover the necessary operating costs for Cherry Hill, even though ...

Excerpt: ...d to pay his share of expenses, and both acquired title. Plaintiff had loaned Defendant $22,000 to pay off personal debts, and Defendant provided the down payment which represented the repayment of the loan. Defendant never paid the property taxes, despite his obligation. After their relationship ended, Defendant sought to evict the tenant and move in with his new partner. On 11/6/19, Plaintiff filed her complaint for: (1) partition by sale; (2) ...