Excerpt: ...ve damages. The Court orders Defendant to file its answer within 20 days. Factual / Procedural Context: Plaintiff German Mendoza Gracia alleges that on May 24, 2021, he purchased a 2019 GMC Sierra with a defective transmission. On June 26, 2023, Plaintiff filed his operative First Amended Complaint for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act— Breach of Implied Warranty; (3) Violation of...

Excerpt: ...f this action is a mobile home presently located at 5925 Mission Drive, Space 21 in Riverside, which has an estimated fair market value of $45,000 or more, and is subject to an HCD lien in an amount that is undetermined. Plaintiff alleges that during her lifetime Adela Hernandez was being cared for by her daughter, Adelita Lucero (Plaintiff), who was the only one of Adela's children that assisted her with daily living activities. It is alleged th...

Excerpt: ...il of Moreno Valley's (City) 1/18/22 decision to approve the Compass Danbe Centerpointe warehouse project (Project), and to adopt an Initial Study/Mitigated Negative Declaration (MND) for the Project, which consists of construction of two industrial warehouse buildings, which are across the street from residential homes and a charter school. (Petition '1 2.) Real Party in Interest, CORE Holdings 17, LLC (RPI) is the Project applicant. (ld. '1 14....

Excerpt: ...Conference Hearing. Defendant Custom Commercial Solutions, LLC has not yet been served. Plaintiff's counsel should be prepared to discuss the status of service regarding this defendant. Factual / Procedural Context: This is a breach of contract case in which Plaintiff 5th & Mercedes, LLC alleges four causes of achon against Defendants CCS Group, LLC, CCS Executive Suites, LLC, Custom Commercial Page 6 of 21 Solutions, LLC and Robert Cooke for 1) ...

Excerpt: ...ling southbound on Heacock Street in Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson,l in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm ...

Excerpt: ... to approximately $556,552.96. (Compl. 11, 13, 15.) The balance of $556,552.96 is the excess proceeds from the sale of a real property (the "subject property") that was sold at a public auction to satisfy unpaid taxes. (ld. at '13.) Defendants Richard Fracasse, Interinsurance Exchange of the Automobile Club, Glenoak Hills Community Association Francis Redmond, Asset Recovery, Inc., and Frank Redmond all filed claims with the Riverside County Trea...

Excerpt: ...nership), 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 partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an ...

Excerpt: ...em the Petition for Relief from the Claims Requirement Filed as of August 7, 2023. The Court denies the Pettion for Relief from the Claims Requirement. Factual / Procedural Context Plaintiff, Julie Schaffer, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plaintiff was walking on the premises when she tripped over what appeared to be an unlit guy-wire/guy-line/guy-rope/stay and/or its...

Excerpt: ...MENT CORP., BLOOMING INVESTMENT GROUP INC., PRIME INVESTMENT INTERNATIONAL INC., UNIVERSITY CAMPUS HOTEL LLC Tentative Ruling: The Court overrules the demurrer. The Court denies the motion to strike. Defendant to file an answer within 20 days. Factual / Procedural Context: This is a derivative achon brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/...

Excerpt: ... the Court shall sustain the demurrer without leave to amend. "Leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law." (Lawrence v. Bank of America (1985) 153 Cal.App.3d 431, 435.) Factual / Procedural Context: This is an action for mandamus relief brought by Health and Wellness Lifestyle Club, LLC ("HWLC") and its former attorney, Nupur Nagar (collec...

Excerpt: ...mitted order. Although not specifically mentioned by the parties, the Court is not withdrawing the order for sanctions. The Court does order the parties to appear for the Case Management Conference Hearing. The Court notes that Defendant has filed a motion for summary judgment, to be heard on 11/17/23, largely on the fact that the RFAs were deemed admitted. Given the Court's tentative is to grant Plaintiff relief, the MS] appears to be moot. The ...

Excerpt: ...wenty years. During this time period, the two had pooled their resources, jointly owning property and having joint bank accounts and credit cards. The two also started a business together - Katz Transport, Inc.. In 2011, the two purchased a home in Fontana together. The agreement was that they would fix the home together and eventually retire there. In 2013, they purchased another business together — US La Michoacana. Plaintiff worked as an emp...

Excerpt: ...ka and their minor child, but was unable to qualify for the purchase. Terrence then spoke to Susana who agreed to be a straw buyer and then transfer the property to him after purchase, upon request. The property is at 36640 Obaria Way in Lake Elsinore ("property"). Terrence alleges that in May 2017, he delivered the funds to purchase the property for $464m with a loan amount of $324,489. Terrence alleges that all of the money came from him, and n...

Excerpt: ...ot the attorney. The Court orders sanctons to be paid in 90 days. Factual / Procedural Context: This is a motor vehicle personal injury action by Plaintiff Nancy Lane against Defendant Kyle Duvall. Plaintiff moves the court to Defendant to attend his deposition and for the production of documents specified in the deposition notice served on him. The motion is made on the grounds that Defendant failed to appear for deposition or to produce the req...

Excerpt: ... judgment, and re-set the matter as a Case Management Hearing, to be heard on 11/27/23 at 8:30am in Dept. 3. All counsel are ordered to file updated CMC statements prior to that date. Factual / Procedural Context: Plaintiff Daniel Joshua Lujan ("Plaintiff") filed the complaint in this quiet title achon on March 9, 2023 against defendant Bree Mendoza ("Defendant"). Defendant failed to answer or otherwise respond to the complaint, and Plaintiff req...

Excerpt: ...e. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his wife, Defendant Maricel Harvery ("Maricel") by Defendant ABC Foster Family Agency ("ABC"). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulte...

Excerpt: ...urt denies Defendant's Motion to Strike. Factual / Procedural Context: On May 31, 2016, Plaintiff Anne Gichanga ("Gichanga") was admitted to The Gardens of Riverside, LLC ("The Gardens") due to advancing dementia and need for assistance with all activities of daily living. (Comp'. '1 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's res-dency at The Gardens, she died after being permitted to wander into the outdoor courtyard ar...

Excerpt: ...ustain Tyler Mall's objections 8 and 9 to the Herter Declaration. The Court declines to rule on the remaining objections. Factual / Procedural Context: This is a personal injury and premises liability action brought by Plaintiff Evelyn Rodriguez against various Defendants, including Defendant Otis Elevator (Otis), Pacific Coast Elevator Corporation dba Amtech Elevator Services (Amtech), North American Elevator Services Company (NAES). Plaintiff a...

Excerpt: ...22 against Edmund Ayoub, Jr., M.D. ("Dr. Ayoub") and Edmund Ayoub, Jr., M.D., Inc. (together, "Defendants"). Plaintiff alleges that although he started treating with Dr. Ayoub for low back pain and related symptoms in or around June 2021, Dr. Ayoub failed to correctly diagnose Plaintiff as suffering from a herniated disc until April 19, 2022, and Plaintiff was unduly delayed in receiving appropriate care and treatment. (Complaint, 16-19.) The Com...

Excerpt: ...to amend following this motion, the Court shall vacate Plaintiff's motion to amend as moot. Factual / Procedural Context: Plaintiffs Gregory O'Connor ("O'Connor") and Tim T. Vasquez ("Vasquez") (together, Plaintiffs") filed the complaint (the "Complaint") in this acton on March 30, 2023 against Page 5 of 12 defendants Eastern Municipal Water District and Eastern Municipal Water District Facilities Corporation (together, "EMWD") and Commodity Truc...

Excerpt: ... vehicle that is still covered by the manufacturer's express warranty a 'new motor vehicle' within the meaning of Civil Code section 1793.22, subdivision which defines 'new motor vehicle' as including a 'motor vehicle sold with a manufacturer's new car warrantV?" (https ://su p reme.courts.ca .gov/sites/default/files/supremecou rt/default/2023-08/ pendi ngissues- civil%20- %20081823 1.pdf) Page 9 of 12 Factual / Procedural Context: Plaintiff Phys...

Excerpt: ...edural Context: Plaintiff Lino Parra ("Plaintiff") filed the complaint in this Lemon Law action on March 3, 2023 against defendants Saul Chevrolet, Inc. dba CardinaleWay Volkswagen ("CardinaleWay") and Volkswagen Group of America, Inc. ("VGA"). The complaint set forth three causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against VGA); (2) Violation of Song-Beverly Act — Breach of Implied Warranty (Against VGA)...

Excerpt: ...laint for: (1) violation of Song Beverly—express warranty; and (2) negligent repair. A. Summary of Arguments Defendant Ford Motor Company demurs to the 1st cause of action on the grounds it fails to plead facts sufficient. It relies on v. FCA US, LLC (2022) 77 Cal.App.5th 209, 225 that Plaintiff failed to plead he purchased a new vehicle, as Rodriguez states that Song Beverly only applies to new vehicles. Plaintiff submitted an opposition, whic...

Excerpt: ... Documents pursuant to a subpoena for personal appearance and production. The Deposition was personally served on May 8, 2023 along with a $275 witness fee served on Elizabeth "Doe" authorized person at 86-625 Airport Page 6 of 12 Blvd., Thermal. The Deposition Subpoena requested that Deputy Ruiz produce at his deposition: 1. An unredacted copy of all Traffic Collision Reports regarding subject, Joseph Matthew Ficher, dob 07/30/1982, and the coll...

Excerpt: ...C on 9/26/23 and Jury trial on 11/17/23. The Court shall order Plaintiff to submit a default judgment packet to the Court within the next 30 days. The Court shall set an OSC re submission of default judgment on 11/17/23 at 8:30am. This shall be a nonappearance date if the default judgment is approved. Factual / Procedural Context: Plaintiff Lilly Miramontes alleges that on 5/28/19, she was attacked by a dog owned, maintained, possessed, etc. by D...