Excerpt: ...“Mt. Rubidoux”). The present action was originally filed by Leandro, but is now brought by his wife Marie Gomez (“plaintiff” or “Gomez”), who alleges she is his successor in interest. Plaintiff alleges that defendant Leslie Frias, the decedent's sister, took him from another nursing facility and “intentionally, willfully, and despicably kidnapped” the decedent and took him to the Mt. Rubidoux facility, and at the time she did so. ...

Excerpt: ...perate a construction company from which Emerick could deplete the corporate assets for his own benefit. Plaintiff alleges Emerick stripped Waters of his 50% interest in the company and then shut Waters out of the business completely. Plaintiff further alleges that Emerick wrongfully used corporate funds and assets by putting his wife and daughter on the payroll when they did not perform any work, using $150,000 of corporate funds to improve his ...

Excerpt: ...EMET MUNICIPAL WATER DISTRICT DEMURRER TO SECOND AMENDED COMPLAINT RIC2003140 KUTSCH VS LAKE HEMET MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT NANCY KUTSCH Tentative Ruling: Both Demurrers: The Court overrules both demurrers as to the 2nd cause of action for breach of contract. Page 7 of 10 The Court sustains the demurrer as to the 4th cause of action for retaliation without leave to amend. Both defendants are ord...

Excerpt: ...ROCEDURAL CONTEXT The First Amended Complaint (FAC) alleges that Plaintiff J.G. (a minor) was enrolled in the afterschool program at Peralta Elementary controlled and supervised by Defendant Think Together. (FAC at ¶ 7). On 10/21/19, J.G. told his mother that his Defendant teacher had touched his “pee pee” at school. (FAC at ¶ 8). Plaintiffs John and Stacy Grillo spoke with Defendant's teacher and site leader and learned that a 6th grade ma...

Excerpt: ...btor exam set for 8/11/21 is hereby vacated. FACTUAL / PROCEDURAL CONTEXT This is a post judgment Motion to Quash the order for examination of a third party and the concurrently served subpoena duces tecum. The underlying action commenced in February 2007 by Martha Clohecy, by and through her Guardian In Litem, Darcy L. Clohecy (“Judgment Creditor”) for the claims of (1) Dependent Adult Abuse; (2) Negligence; (3) Fraud; and (4) Violation of P...

Excerpt: ... of rape and molestation by her stepfather, Richard Fitzgerald (“Fitzgerald”). She contends that her mother, Kathleen Denise Bingly (“Bingly”), was aware of the abuse, but took no action. She alleges that she reported the abuse to two different Bishops with defendants The Church of Jesus Christ of Latter‐day Saints and Corporation of the President of the San Diego California Stake – The Church of Jesus Christ of Latter‐Day Saints (c...

Excerpt: ...th cause of action with 30 days leave to amend. The motion to strike punitive damages is moot as the Court is granting leave to amend. Otherwise, the motion to strike is denied. FACTUAL / PROCEDURAL CONTEXT Plaintiff, Jose Orozco‐ Carreon, alleges that on 12/23/17, he purchased a new 2018 KIA Optima from Defendant, Kia Motors America, Inc.'s (KMA) authorized retailer, which was manufactured and/or distributed by KMA. Plaintiff alleges the vehic...

Excerpt: ...s are ordered to prepare an updated case management statement. FACTUAL / PROCEDURAL CONTEXT This is a dental malpractice action. Plaintiff Emilio Guevara (“Plaintiff”) alleges that he presented for tooth pain and dental care to Sohal and Pham Dental Corporation dba Perris Modern Dentistry (“Dental Office”) on November 3, 2017, at which time defendant Sherly Sohal, DDS (“Dr. Sohal”) placed temporary dental crowns. Permanent crowns were...

Excerpt: ...hin 20 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Jorge Espinosa (plaintiff or Espinosa) alleges that beginning on 10/15/15, when he was a minor and a student at Perris High School, he was sexually molested for approximately one year by defendant Gerardo Regalado (Regalado), a faculty member and volleyball coach at the school and employed by defendant Perris Union High School District (District). (FAC, ¶ 12.) The first amended complaint (“FA...

Excerpt: ... notwithstanding the verdict (JNOV) and a motion to vacate and/or modify the judgment. After reviewing all of the papers, exhibits including trial testimony excerpts, the Court denies all three motions. The Court will address each motion in turn. Motion for New Trial A motion for new trial permits the trial court to “reexamine” any issue of fact or law, and is the proper procedure to challenge a trial court judgment for judicial error whether...

Excerpt: ...rt allowed Plaintiff to submit a declaration and further argument on whether Plaintiff could articulate facts showing a prescriptive easement could exist. The Court then set a briefing schedule with a deadline of July 1, 2021 for Plaintiff to present a further argument. As noted by Defendants, Plaintiff failed to file any supplemental documents. Defendants also claim they have not been served with any documents by Plaintiff. (Declaration of Mitch...

Excerpt: ...it for a shopping center. They contracted with the Marriott Corporation, which owned at the time Bob Big Boy's Restaurant. Per the October 15, 1984 “Easements, Covenants and Restrictions,” or “ECR,” which all parties agree they are bound by, the property was divided into 6 parcels. Five of those parcels would be restaurants or shops, but Parcel 6 would be the common area, which included, among other things, landscaping and parking for the...

Excerpt: ...Court granted Defendants' motion to strike the punitive damages allegations and demand with leave to amend. Plaintiff filed the operative first amended complaint (“FAC”) on April 20, 2021. Plaintiffs allege that on July 11, 2020 Toledo was walking her dog on the Grand Valley Trail in Riverside County when her dog was attacked by Defendants' unleashed, unrestrained and vicious pit bull. (FAC, ¶¶ 8, 13‐18, 46‐51.) Toledo struggled to prot...

Excerpt: ...Defendant within five days of today's date. ANALYSIS A party that brings a motion to compel further responses to requests for production has the burden state specific facts demonstrating good cause justifying the discovery sought. C.C.P. §2031.310(b)(1). To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. The burden to...

Excerpt: ... warranty. On 2/22/21, Plaintiff filed her complaint for: (1) Song‐Beverly; and (2) CLRA. It appears Plaintiff attempted to file a First Amended Complaint after the Defendants filed answers, which the court clerk rejected. Defendant Jayco, Inc. moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be filed in Indiana. Defendant reco...

Excerpt: ...hs.” Plaintiff informs the Court that she has been diagnosed with kidney and lung cancer and is currently receiving chemotherapy. The Motion is supported by the declaration of Plaintiff's counsel, Kevin O'Hara, and the supporting medical documentations attached as exhibits to the declaration. Defendant opposes. Analysis Code of Civil Procedure section 36, subdivision (d) provides: In its discretion, the court may… grant a motion for preferenc...

Excerpt: ...the complaint with their officers, directors, employees and agents (any other parties must be identified by name and an explanation that justify their inclusion); (ii) the claims stated in the complaint and facts alleged; and (iii) liability that arose during the class period. Per ¶ II(4) of the Ackerman Declaration, in addition to the named defendant US Foods, Inc., the release also encompasses the parent company US Foods Holding Corp., which i...

Excerpt: ...rocedural Context: Plaintiff Brandon Webster alleges that in September and October of 2018, he was hospitalized at Inland Valley Regional Medical Center. He contends that Amy Collie, Plaintiff's former wife, and Joanna Longe Webster, his current wife, wrongfully obtained his medical records from Inland Valley, altered those records, and disseminated them to third parties. Collie and Joanna allegedly made false and disparaging statements to third ...

Excerpt: ...Garcia (“Manuel”), Cynthia Garcia (“Cynthia”) and Jesus Lozarda (“Lozarda”) (collectively “Plaintiffs”). Each of the Plaintiffs entered into discussions concerning investment opportunities whereby Plaintiffs loaned money to Defendant Norma Ramirez (“Ramirez”) to purchased foreclosed or distressed homes. The first transactions were successful. In August 2019, Cynthia Page 9 of 10 loaned Ramirez $120,000, which she failed to rep...

Excerpt: ... (“Defendant” or “District”) in 2015 and 2016, he sustained an injury to his back. While on disability, Plaintiff asserts he received correspondence that he was placed on a 39‐ month rehire list and could not return to work because Defendant did not have a copy of his QME report. He contends that he was no permitted to return to work on 3/4/17 when he received a release from his doctor to return with minor restrictions. Plaintiff receiv...

Excerpt: ...shaw, M.D., Elite Medical Group, PC (Elite Medical), and Alexa Benson (Benson) (Medical Defendants), and denies Neuropathy Solutions' motion to contest good faith settlement. The court grants the motion for determination of good faith settlement filed by Neuropathy Solutions dba Superior Health Centers (Neuropathy Solutions). FACTUAL / PROCEDURAL CONTEXT This is an action brought by plaintiffs Rigoberto Bernal (plaintiff or Mr. Bernal) and Marile...

Excerpt: ... a Driver by defendant Container Management Group, LLC (“Defendant”) from 8/2/18 to 2/4/19, at the Moreno Valley and Corona locations of the waste pick‐up and management company. Plaintiff alleges that as part of his duties he was required to drive a company vehicle and pick up heavy, bulky items for waste disposal. Plaintiff alleges that on 9/4/18, he was on the job and unloading a truck when a sofa recliner fell on him, puncturing his arm...

Excerpt: ...t to the fifth cause of action, the Court permits Plaintiffs leave to amend this cause of action to assert a claim under Education Code §220. Defendant Carter's Demurrer: The Court overrules the demurrer as to the eighth cause of action. The Court sustains the demurrer as to the ninth cause of action with 30 days leave to amend. Defendants' Motion to Strike The Court grants the motion to strike the punitive damages requests against Defendant Dis...

Excerpt: ...r the 5th cause of action, which is sustained without leave to amend as noted above. FACTUAL / PROCEDURAL CONTEXT This is a real estate sales dispute by Plaintiff Sean Wycliffe against Defendants Richard Priebe, Barbara Priebe, Robert O'Neill, and Jacqueline O'Neill. The First Amended Complaint sets forth 6 causes of action for 1) breach of contract for sale of real property, 2) breach of implied covenant of good faith and fair dealing, 3) fraud ...

Excerpt: ...1, Plaintiff Physicians filed the complaint in this action alleging three causes of action for: (1) Breach of Contract (as to Brian Yost), (2) Breach of Contract (as to Christina Pantazopulos), and (3) Accounting. Now before the court is Defendant Group's demurrer to the first and second causes of action for Breach of Contract. The Complaint alleges as follows: In July 2019, each of the Physicians entered into written agreements with essentially ...

Excerpt: ... THE UNIVERSITY OF CALIFORNIA'S NOTICE OF MOTION AND MOTION TO STRIKE TO PLAINTIFF KYLEE LEACH'S SECOND AMENDED COMPLAINT; DECLARATION OF ALALEH T. KHOSROWPOUR Tentative Ruling: The Court overrules Defendant Regents' demurrer to the first, second and fourth cause of action. The Court sustains with 20 days leave to amend the fifth cause of action. The Court denies the accompanying motion to strike. The Court denies Brewer's Ledge's motion to strik...

Excerpt: ...P Guardian”) as a nominal defendant. On or around December 4, 2018, Plaintiff and Defendant together took out a loan (the “Loan”) and purchased property in Idyllwild, California known as the Fireside Inn (the “Property”) as joint tenants. (Complaint, ¶¶ 11‐15, Exhibit 1.) The loan is secured by a deed of trust recorded on December 4, 2018, and by assignment dated September 10, 2019, the lender (the “Lender”) assigned its interes...

Excerpt: ... for personal injury from a slip and fall. Plaintiff alleges that, while shopping at a 99 Cents Only store, he sustained injuries from falling on a puddle of water that was on the floor of the store. The First Amended Complaint (“FAC”), which is the operative pleading, was filed in this case on April 17, 2019, naming 99 Cents Only as the sole defendant, for two causes of action: (1) General Negligence and (2) Premises Liability. Bhullar was l...

Excerpt: ...less the City requests oral argument and can articulate what additional injunctive remedies are necessary at this stage. As to the motion to set aside default, the Court orders this motion off calendar. Defendant 1445 University Ave LLC is a corporation and cannot be self‐represented; as such, the motion is improper. FACTUAL / PROCEDURAL CONTEXT This is a complaint for nuisance abatement and appointment of a receiver brought by plaintiff City o...

Excerpt: ...d causes of action for Battery and Intentional Infliction of Emotional Distress. The Court grants the Defendants' Motion to strike portions of the pleading without leave to amend. Defendant to file an answer within 20 days from today's date. FACTUAL / PROCEDURAL CONTEXT This is an action for damages for injuries sustained through bed bug bites in a hotel room. On April 04, 2019, Plaintiff filed the complaint in this action alleging five causes of...

Excerpt: ...defendant Moon Lev Investments LLC (“Moon Lev”) to provide design, planning and construction of improvements on property owned by Moon Lev at 18342 Blue Dream Crossing in Desert Hot Springs (“subject property”). Plaintiff 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 12/2/20, the sum of $72,821.30 was unpaid. Plaintiff alleges that s...

Excerpt: ...the Court will grant Defendant's unopposed motion for terminating sanctions against Plaintiff and orders the case dismissed with prejudice. Background Facts On October 15, 2020, Defendant served Form Interrogatories (set one), Specially Prepared Interrogatories (set one) and Demand for Identification and Inspection of Documents (set one) on Plaintiff WINTER H. WILLIAMS. Plaintiff failed to serve responses to all three discovery requests. On March...

Excerpt: ...aken off calendar as moot. The Court sustains Plaintiff's objections to the Court using Plaintiff's deposition, however, the Court finds that the deposition is immaterial because the Court is relying on the pleadings only in making this ruling. FACTUAL / PROCEDURAL CONTEXT Plaintiff Malania Studley‐Iman (“Plaintiff”) was injured in a car accident that also caused the death of one of the drivers in the accident. She was provided with emergen...

Excerpt: ...he owner of real property at 12776 Eastern Shore Drive in Corona (subject property), which was purchased on 12/3/13, free of all liens. Plaintiffs allege that two grant deeds executed on June 9, 2018, were forged. (Exhibits 1 and 2.) One grant deed transfers WRF's interest in the subject property to Mr. Wang and purports to have his signature. The other is an interspousal grant deed purporting to be signed by Mrs. Wang, transferring her interest ...

Excerpt: ... the Court orders the Court Clerk to file the proposed FAC forthwith. Defendants shall file a responsive pleading per Code from today's date. FACTUAL / PROCEDURAL CONTEXT Plaintiff Daelani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside City College and Riverside Community College District (collectively “RCC”) during the 2017 academic year. In 2018, Daelani and her mother, Plaintiff Tia Griffin (“Tia”) moved to Fr...

Excerpt: ... met their initial burden. 3. The Court grants summary judgment of Cross‐Complainant, Rui Xin's Cross‐ Complaint as against Mora and McGuire only. 4. The Court overrules all of Mora and Gilbert's objections. FACTUAL / PROCEDURAL CONTEXT Plaintiff, Clayton Blood, alleges that late in the evening of 12/8/18 or early in the morning of 12/9/18, in the lobby area of the Hyatt Place Riverside/Downtown (Hyatt) located at 3500 Market Street, Defendan...

Excerpt: ... Claudia Anderson (“Plaintiff”) alleges she was driving her sedan northbound on Sycamore Canyon Boulevard in Riverside, when a tractor trailer traveling in the adjacent lane, struck and collided with her vehicle while changing lanes. Plaintiff alleges defendant Tyler Jason Skelton (“Skelton”) negligently operated the tractor‐trailer which was owned by defendant Cemex Trucking, Inc. (“Cemex”). Plaintiff filed the Complaint on July 22...

Excerpt: ...triable issue of fact. The Court denies Plaintiff's request for leave to amend, unless Plaintiff requests oral argument and can articulate how she can cure the defects in the Complaint. The Court grants Defendants' request for judicial notice. The Court overrules Plaintiff's evidentiary objections. Page 3 of 6 FACTUAL / PROCEDURAL CONTEXT This is a dispute between neighboring property owners. Plaintiff Nipa Y. Sproat, individually and as Trustee ...

Excerpt: ...amirez v. U.S. Foods, Inc. in Alameda Superior Court. While counsel indicated that it was disposed of by judgment, it also indicated that it involved the same parties and same/similar claims. Counsel should be prepared to address what the Alameda litigation was based upon. 2. CMO H.3.c – Cy pres a. The parties have chosen a cy pres, St. Christopher Truckers Relief Fund. Shannon Currier, the Director of Philanthropy and Development, has submitte...

Excerpt: ...er. Due to the Court's schedule, on its own motion the Court shall continue both hearings to 7/29/21 at 8:30 am, to be heard telephonically. *** FACTUAL / PROCEDURAL CONTEXT This is an employment action brought by plaintiff Arkico Lashun Williams (“plaintiff” or “Williams”) against defendant Amazon.com Services, LLC (“Amazon”) and defendants Rob Romero, Tim Stewart, Sean Boyle, and Aaron McGrath. Plaintiff alleges she was hired by Ama...

Excerpt: ...URAL CONTEXT This is an eminent domain action. Defendant The Preserve (“Preserve”) is the owner of a 69.98 property in Beaumont located north of the Lamb Canyon Landfill (“Subject Property”). In 2008, Preserve filed for bankruptcy. Defendant John Menchaca (“Trustee”) is the bankruptcy trustee for the estate of the Preserve. On April 7, 2017, the Trustee filed a Motion for Approval of Compromise and Settlement of Litigation and for Aut...

Excerpt: ...denies the motion to produce documents for sales for which Plaintiff was not involved. Given the time required to produce such documents, the Court order that the documents be provided within 60 days. The request for sanctions is denied. Page 6 of 9 FACTUAL / PROCEDURAL CONTEXT This is an employment wage and hour case. Plaintiff Jeffrey Dempsey (“Plaintiff”) worked as salesman for Defendants BJMV, Inc. dba SPG Building Services (“BJMV”), ...

Excerpt: ...icle dashboard screen malfunction. Plaintiff and Defendant settled for $75,000 and attorney's fees and costs to be decided by the court. Plaintiff moves for attorney fees of $61,565 (151.9 hours at rates of $250‐$525), plus costs. Defendant contends it provided a CCP §998 offer and Plaintiff failed to obtain a more favorable result, and therefore, is not entitled to post‐offer fees of $24,055 (12/3/19‐10/29/20). It otherwise argues that th...

Excerpt: ...neighbors about dangerous conditions on the property. The City conducted an inspection and requested that Respondent remove or remediate all substandard conditions. After several additional inspections and notices, the City determined no corrective action had been taken, and therefore filed a Petition for the Appointment of a Receiver, Injunctive and Other Relief Pursuant to Health & Safety Code §17980.7. (“Petition”) on May 30, 2017. The Pe...

Excerpt: ...iff Timothy Ruiz (“Plaintiff”) was hired by Defendant American Building Innovation, LP (“ABI”) and its general partner, Defendant Tin Vo (“Vo”) as a construction worker/framer with an hourly rate of $34.50. In 2017, the Tustin Unified School District (“District”) got approval for a construction project for the construction of new classrooms. The District contracted with general contractor, Defendant Balfour Beatty Construction, LL...

Excerpt: ...mad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust, gave Defendant three separate loans.1 Plaintiffs claim that Defendant (Mohammad) stopped making regular payments on all three notes in October 2010, but that he made a final one‐time payment on each of th...

Excerpt: ... filed by Defendant/Cross‐Complainant, Broan‐Nutone. (“Broan”). The Cross‐Complaint relates to the original action filed in this case for Negligence and Product Liability filed by Plaintiff Security National Insurance Company against both Broan and Lab Corp. On April 26, 2019, Plaintiff brought the instant action exercising its subrogation rights to stand in the shoes of its insured, Joseph Rajabi DDS, whose property was damaged by the ...

Excerpt: ...crets Act (Civ. Code, §3426 et seq.). Plaintiff is a distributor of sanitary and related supplies and equipment to commercial, industrial and institutional markets throughout California. The moving Defendants are its competitors. Plaintiff, among other causes of action, alleges that individual defendants, who are its former employees and agents misappropriated Plaintiff's trade secrets, including “customer pricing system‐based products, vend...

Excerpt: ...hourly wage of $11‐$11.25, and $12 in 2020. He contends he was required to work more than 40 hours, and without the proper meal and rest breaks. On 3/16/20, Plaintiff filed this action. The operative pleading is the First Amended Complaint (FAC) filed on 12/17/20 for: (1) failure to pay wages; (2) failure to provide meal and rest periods; (3) failure to pay minimum wages; (4) failure to pay overtime wages; (5) failure to pay wages due upon term...

Excerpt: ...n alleges she purchased the mobile home from Defendants Park Place ("the Park") and Westwind Enterprises in February 2018 for $ 25,000 ($10,000 cash and $15,000 cashier's check) and later sold it to Defendants Alejandro Solis and Elda Bravo for $65,000. Plaintiff contends she restored the home but Defendants the Park and Westwind refused to transfer title despite their agreement. Plaintiff alleges that subsequent to selling the mobile home to Sol...

Excerpt: ...ant PHH Mortgage Corporation is the current servicer. On 6/27/18, a notice of default was recorded and on 12/28/18, a notice of trustee's sale was recorded with a sale date of 7/31/19. On 7/3/19, Plaintiff submitted a complete loan modification application, but continued with their foreclosure efforts. She alleges that on 1/30/20, her application was denied and she appealed on 1/30/20. Plaintiff filed this action on 7/23/19. After the court susta...

Excerpt: ...nd suffered severe injuries. She alleges that the fluid came from pipes and other equipment in around the kiosk. She alleges that Defendant, Joshua Mitchell, was doing business as Nitro Puff Magic, and that Defendant, the Millard Group, was responsible for maintenance and inspection along with the remaining Defendants. Plaintiff filed her Complaint on 6/10/20 alleging a single cause of action for negligence. On 1/25/21 Defendant, Tyler Mall Limit...

Excerpt: ...ite Medical); Neuropathy Solutions dba Superior Health Centers (Superior Health); and Alexa Benson (Benson). Plaintiff alleges that he is paralyzed from the waist down by injections he received based on the recommendation of Superior Health, which recommended stem cell injections for knee pain and to increase mobility. Plaintiff alleges the injections were not live stem cells and cost over $13,000.00, many times more than the usual rate. Plaintif...

Excerpt: ...oral agreement with defendant Jesus Hernandez (“defendant” or “Hernandez”) for a life estate in property at 194 Pennsylvania Street in Lake Elsinore (“subject property”). (Complaint, ¶ 3.) Plaintiff alleges she “agreed to pay defendant …$139,000.00” for the life estate and did pay him. (Complaint, ¶¶ 3, 10 [“Plaintiff paid the…$139,000.00…for the subject property pursuant to the agreement.”].) Under the agreement, pla...

Excerpt: ...h cause of action. FACTUAL / PROCEDURAL CONTEXT Petitioners Katherine Robertson (“Katherine”), Dale Robertson, Jr. (“Dale”), Antonio Varela, Jr. (“Antonio”) and Roberto Varela (“Roberto”) (together, “Petitioners”) filed the present petition/motion for relief form the claims filing requirement under Gov. Code § 945.4 on March 10, 2021 against the County of Riverside (erroneously named as Riverside University Health System – ...

Excerpt: ... (Salisbury) and Ivan U. Cisneros. In an underlying suit entitled Barnum v. Aware Self‐Storage Inc. (BAC 1300908) alleging ADA violations, Plaintiff told its property manager, TNT Self‐Storage Management, Inc. (TNT), to handle the matter. TNT hired SGI who allegedly failed to respond to the complaint, resulting in a default judgment or a stipulated judgment, which Plaintiff was unaware of. On 7/28/20, Plaintiff filed its Second Amended Compla...

Excerpt: ... suffered an intestinal injury at work and was placed on medical leave. Plaintiff alleges he was wrongfully terminated when he could not return to work as scheduled due to complications of the injury. He filed his Complain in 11/12/20 alleging causes of action for: 1) discrimination; 2) retaliation; 3) failure to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in a good faith interacti...

Excerpt: ...ACHMENT TO DEFENDANT WASHINGTON ADAMS, LLC CVPS2000440 TFCC INTERNATIONAL LTD. VS SHOVLIN NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER / ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT TO DEFENDANT WASHINGTON PLAZA ASSOCIATES LLC Tentative Ruling: The Court grants the Applications for Right to Attach and Order for Issuance of Writ of Attachment against Michael Shovlin and Claudia Shovlin upon an undertaking in the total amount of $20,000 ...

Excerpt: ...e. His top clothing was removed to reveal any tattoos he might have, and later placed inside a Sheriff's vehicle where he was interrogated about a suspect the officers were looking for. He was detained for an hour. Plaintiff filed this action on 2/13/19 and after obtaining leave to amend, Plaintiff filed the First Amended Complaint (FAC) on 1/21/20. After the court sustained the individual defendants' demurrer, Plaintiff filed the Second Amended ...

Excerpt: ...Complaint. The Court denies Plaintiff's and Defendants' requests for judicial notice. FACTUAL / PROCEDURAL CONTEXT Plaintiff Arkico Williams was employed by Amazon as a “Prep Associate” in its Riverside facility from October 2019 to February 2020. Plaintiff suffered two workplace injuries and alleges she was mistreated following those injuries. The operative First Amended Complaint (“FAC”) alleges the following causes of action: (1) Wrong...

Excerpt: ...etent Person(s) Most Knowledgeable to be deposed in accordance with CCP §2025.230 and for monetary sanctions of $2,862.50 against Defendant and its counsel of record, WILSON TURNER KOSMO LLP, pursuant to CCP §§2025.450 (g)(1), for Defendant's willful and unjustified failure to comply with the relevant code sections of the Discovery Act. Plaintiff asserts that she is entitled to an order compelling Defendant to produce a PMK for deposition beca...

Excerpt: ...Silberstein and Sandra R. Silberstein (collectively “Plaintiffs”) are representing themselves. The first amended complaint alleges that Plaintiffs and Michael Silberstein and Lisa Silberstein Plonka (possibly the Plaintiffs' children) entered into an agreement for legal services with The Turoci Firm, Inc. (“Firm”). In connection with the legal services provided, Sandra R. Silberstein executed a note secured by a deed of trust payable to t...

Excerpt: ... 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., Barbara Smith, Jeremy Dennis and Pirate SVCS. The complaint does not identify their role in the case. The ...

Excerpt: ...and as such, exceeds the 6‐month time period. However, apart from any statutory authority, a court has inherent, equitable power to set aside a judgment on the ground of extrinsic fraud or mistake. (Olivera v. Grace (1942) 19 Cal.2d 570, 576‐578.) The party in default must show (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense to the original action; and (3) diligence in seeking to set aside the default once it...

Excerpt: ...ot apply or that Michigan's statute of limitations bars Plaintiff's claims, Defendant failed to meet its initial burden on summary judgment. FACTUAL / PROCEDURAL CONTEXT This is a contract dispute between a car manufacturer and dealership. Plaintiff General Motors, LLC (“GM”) alleges defendant Riverside Auto Holdings, Inc. dba Singh Chevrolet (“Singh Chevrolet”) operated an authorized Chevrolet dealer located at 8200 Auto Drive, Riverside...

Excerpt: ...the status of meet and confer by 5/17/21. Plaintiff's objections to evidence: No. 1: sustain No. 2: sustain No. 3: overrule. “If a fact in controversy is whether certain words were spoken or written and not whether the words were true, evidence that these words were spoken or written is admissible as nonhearsay evidence.” (People v. Smith (2009) 179 Cal.App.4th 986, 1003.) FACTUAL / PROCEDURAL CONTEXT This is an action alleging misappropriati...

Excerpt: ... leave to amend. As to the fifth cause of action, the Demurrer is overruled. The motion for Leave to File a Special Motion to Strike is denied. 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 clos...

Excerpt: ...ovide updated CMC statements prior to the CMC hearing. FACTUAL / PROCEDURAL CONTEXT This is an employment discrimination action. Plaintiff Horace Crogman (“Plaintiff”) was hired by defendant Desert Community College District (“Defendant” or “District”) at the College of the Desert (the “College') in 2016 as an assistant professor in the physics department. (Third Amended Complaint (“TAC”), ¶ 13.) He was the first African‐Amer...

Excerpt: ...and, which is part of a larger parcel that contains no residential dwellings, occupants or active farming operations. Edison now seeks an order for prejudgment possession of the property which it contends is necessary as part of the construction of the Valley‐Ivyglen Subtransmission Line Project (“Project”), consisting of “a 27‐mile single circuit 115‐kV substransmission line between Edison's existing Valley Substation in Menifee and ...

Excerpt: ...aim some interest in property in Lake Perris (the “Property”), which is the subject of this action, many of which have been dismissed, however. Ginsburg alleges that he obtained a judgment against Gloria in the amount of $581,817.14 and claims a superior right to the Property. (Complaint, ¶¶ 1‐3). 2 The Court will sometimes refer to the parties by their first names to avoid confusion; no disrespect is intended. Page 5 of 6 Ginsburg allege...

Excerpt: ...and negligently entrusted the vehicle to McIntyre or they employed McIntyre and the accident occurred while she was acting within the scope of her employment. The complaint contains two causes of action for negligence. Steven Kelly brings this motion. While he titles it a motion for summary adjudication, it really is a motion for summary judgment as to him. He contends that both causes of action fail as to him because he did not operate the vehic...

Excerpt: ...dants Petco Animal Supplies, Inc. (“Petco”), Alan Brandenburg (“Brandenburg”) and Shelbi Stanco (“Stanco”) (collectively, “Defendants”).1 Plaintiff began working for Petco in November 2007 as an at‐will employee. 2 (Complaint, ¶ 9; UMF, ¶¶ 1‐2.) Plaintiff primarily worked in the Petco's grooming salons, and her job performance was exemplary throughout her employment. (Complaint, ¶¶ 10, 12‐13; UMF, ¶ 5.) Plaintiff began...

Excerpt: ...ite Medical Group, PC (Elite Medical); Neuropathy Solutions dba Superior Health Centers (Superior Health); and Alexa Benson (Benson). Plaintiff alleges that he is paralyzed from the waist down by injections he received based on the recommendation of Superior Health, which recommended stem cell injections for knee pain and to increase mobility. Plaintiff alleges the injections were not live stem cells and cost over $13,000.00, many times more than...

Excerpt: ... property and began collecting rent from the tenants. Plaintiff asserts that Defendant has no rights or interest in the subject property. Plaintiff filed the Complaint on May 19, 2016. He asserts one cause of action for quiet title. On January 22, 2019, the parties reached a settlement providing for Defendant's purchase of Plaintiff's interest in the subject property. On August 9, 2019, the Court entered judgment pursuant to Cal. Code Civ. Pro. 6...

Excerpt: ... was employed by Defendant One World LLC and that they “negligently hired, trained, retained, supervised and entrusted the vehicle John Doe was driving despite his being unfit and their knowing he was unfit which was a substantial factor in bringing about Plaintiffs' damage.” (See Plaintiff's complaint, Ex. A to Defendant's Exhibits for Summary Judgment.) During the discovery process, Plaintiff Nicole Cortez failed to respond to Defendant's R...

Excerpt: ...ination. In the alternative, Wayfair moves for summary adjudication for each of the claims alleged against Defendant. Underlying Facts This is a wrongful termination action. Plaintiff's claims are centered on allegations that the termination of his employment for misconduct was a pretext for Wayfair to wrongfully terminate his employment for making complaints of health and safety concerns to senior management. On March 11, 2019, Plaintiff filed h...

Excerpt: ...ONTEXT This is an action for damages for injuries sustained through bed bug bites in a hotel room. On April 04, 2019, Plaintiff filed the complaint in this action alleging five causes of action for: (1) Battery, (2) Negligence, (3) Intentional Infliction of Emotional Distress (“IIED”), (4) Fraudulent Concealment, and (5) Public Nuisance. Defendant demurred as to the first and third causes of action, respectively for Battery and IIED, and move...

Excerpt: ...sustains both demurrers as to the first cause of action for quiet title without leave to amend. The Court overrules Lak Hemet's demurrer to the fourth cause of action for nuisance. The Court overrules both demurrers to the fifth cause of action for retaliation as a cause of action is stated under Civ. Code §1942.5(d). The Court sustains Urban Park's demurrer to the sixth cause of action for interference with contract with 30 days leave to amend....

Excerpt: ...DURAL CONTEXT Plaintiffs Neila Toledo and Wilfrido Abundez (together, “Plaintiffs”) filed the complaint (the “Complaint”) in this action on December 14, 2020 against defendants Raymond Villanueva and Heidi Villanueva (erroneously named as Heida Villanueva) (together, “Defendants”). Plaintiffs allege that on July 11 2020 Toledo was walking her dog on the Grand Valley Trail in Riverside County when her dog was attached by Defendants' un...

Excerpt: ...s arising from the automobile accident on April 7, 2019. FACTUAL / PROCEDURAL CONTEXT This case arises from a car accident on April 7, 2019. Plaintiff Malania Studley‐Iman was driving on Route 74 when she was struck head‐on by an oncoming motorcyclist who had crossed into her lane. The motorcyclist was thrown from the vehicle and died from his injuries. Defendants were the EMTs responding to the accident. Plaintiff alleges Defendants took gra...

Excerpt: ...al Motors, LLC (“Defendant”). Plaintiffs received an express written warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty, a 5‐year/100,000‐mile powertrain warranty which, inter alia, covers the engine and transmission. Plaintiffs allege that the subject vehicle contains numerous defects, including a cooling system defect, which Defendant allegedly concealed. Plaintiffs delivered the subject vehicle to authoriz...

Excerpt: ... amend. The Court overrules Defendant Adriane Rodriguez's demurrer. The Court sustains Defendant Tsai's demurrer without leave to amend. The Court sustains Defendant Afifi's demurrer without leave to amend. The Court overrules Defendant Alomari's demurrer. Defendants Rodriguez to file answers within 30 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Troung Dinh Doung, M.D. alleges that he is a cardiologist with a certificate in Clinical Cardiac Elec...

Excerpt: ...are to Sohal and Pham Dental Corporation dba Perris Modern Dentistry (“Dental Office”) on November 3, 2017, at which time defendant Sherly Sohal, DDS (“Dr. Sohal”) placed temporary dental crowns. Permanent crowns were placed several days later. He continued to experience dental pain. On February 12, 2018, he returned to the Dental Office, complaining of bleeding gums that were tender to the touch. He was diagnosed with chronic moderate to...

Excerpt: ...the case back to active status. FACTUAL / PROCEDURAL CONTEXT Plaintiffs are the surviving sons of the decedent James Arlin Curl who have filed this action, against a Residential Care Facility for the Elderly (“RCFE”). James Alan Curl, in his representative capacity, alleges a claim for elder abuse under the Welfare and Institution Code and negligence. James Alan Curl is joined by David Cline Curl, in their personal capacities, and have brough...

Excerpt: ...estbound Route 60 when Defendant Jesus Bautista Loya, who was driving eastbound, lost control when he came into contact with a flooded area and crashed into Plaintiffs. Plaintiff Brian Pucio is Plaintiff Donna's spouse and asserting loss of consortium. On 11/15/19, Plaintiffs filed a complaint for: (1) dangerous condition of public property; and (2) negligence. Plaintiffs move for trial preference based on Plaintiff Sieglinde Lashkin's age (92 ye...

Excerpt: ...er, McBride and Opitz purchased and sold, or attempted to sell, a number of residential properties. McBride and Opitz dispute their rights and responsibilities as to title to the properties, rights to profits from the sales, and whether and in what amount each has made contributions to the partnership. (SACC ¶¶18‐33.) Plaintiff Ali Galam, as assignee of James McBride, filed his Complaint on July 5, 2018 and named Opitz as defendant. On August...

Excerpt: ...are immaterial. C.C.P. § 437c(q). FACTUAL / PROCEDURAL CONTEXT Plaintiffs Sandra G. Guzman and Diana C. Guzman (collectively “Plaintiffs”) purchased a new 2014 Dodge Dart from Perris Valley Auto Center (“Dealership”) on 8/30/14. The vehicle was manufactured by FCA US LLC (“FCA”). Plaintiffs contend that the vehicle was delivered to them with defects. Dealership and FCA (collectively “Defendants”) were allegedly aware that the veh...

Excerpt: ...y authorizing Maher to act on Plaintiff's behalf in regards to banking transactions. Later, Maher enticed Plaintiff to loan him money to be used exclusively to purchase and improve foreclosed properties. The properties were to be purchased by Maher and Defendant MJ Ventures, which is a joint venture between Maher and Jay Salman (“Salman”). Over time, Maher withdrew $484,900 from Plaintiff's bank account and deposited it in his own account. Fr...

Excerpt: ... FACTUAL / PROCEDURAL CONTEXT Plaintiff Malania Studley‐ Iman (“Plaintiff”) was injured in a car accident that also caused the death of one of the drivers in the accident. She was provided with emergency care by Maurico E. Castillo‐Zeledon, Ariel P. Cendejas, and American Medical Response, Inc. (collectively “Defendants”). Plaintiff contends that Defendants joked about the death of one of the drivers involved in Plaintiff's accident a...

Excerpt: ...utstanding amount owing on a loan given to Michael Johnson, who died in July 2019 and was the owner and operator of two art galleries known as “Michael Johnson Fine Arts” and “California Watercolor.” (FAC, ¶2.) Amanda Johnson and Nick Johnson, respectively the surviving spouse and son of Michael Johnson, are successors in interest to the assets, personal property, painting and watercolors of Michael Johnson, Michael Johnson Fine Arts, an...

Excerpt: ...as alleges that beginning on 1/27/15 she entered into a series of fee agreements with Defendant, Nathan Mubasher, for him to represent her in several matters concerning her former counsel's alleged legal malpractice; emotional distress she allegedly experienced while dining at Sizzler; investigation of an individual Plaintiff identified as someone she believed molested her; and general legal advice. She alleges that Mubasher was uncommunicative a...

Excerpt: ...arranting relief. FACTUAL / PROCEDURAL CONTEXT Plaintiff homeowner's association Pacific Moreno Valley, Inc. (“HOA”) commenced this action on March 8, 2019, alleging defendant Angela Fleming aka Angela Foster (“Defendant” or “Fleming”) embezzled funds from the HOA as the Board President. The Complaint alleges causes of action for 1) conversion/embezzlement; 2) fraudulent concealment; 3) breach of fiduciary duty; 4) negligence per se; ...

Excerpt: ...ed injuries from a fall while he was inspecting a backhoe he was interested in purchasing at an auction site owned by Defendant RBA. The Complaint was filed on August 29, 2019, against Defendants RBA, Joy 2001 Inc., and Jose Gonzalez, alleging three causes of action: (1) Motor Vehicle; (2) General Negligence; and (3) Premises Liability. The allegations in Plaintiff's form Complaint are short and brief: “On 9/22/2017 at or near Ritchie Brothers ...

Excerpt: ...s is resolved, the tentative is as follows: The Court grants the motion for trial preference. The Court orders counsel to appear to select a trial date within 120 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Donna Pucio alleges that on 12/6/18 she was driving with Plaintiff Sieglinde Lakshin as a passenger on westbound Route 60 when Defendant Jesus Bautista Loya, who was driving eastbound, lost control when he came into contact with a flooded are...

Excerpt: ...TUAL / PROCEDURAL CONTEXT Plaintiff Daelani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside City College1 and Riverside Community College District (collectively “RCC”) during the 2017 academic year. In 2018, Daelani and her mother, Plaintiff Tia Griffin (“Tia”) moved to Fresno. The family returned to Riverside in spring of 2018, at which time Daelani enrolled in Defendant Fullerton College (“Fullerton”), which...

Excerpt: ...County, CA, identified as Assessor Parcel No. 519‐371‐039 (the Property.) On 10/19/20, although that motion was unopposed, the Court found that the information was stale as the last time a representative from the County had observed the Property was in April of 2020. The Court then continued the hearing to December 1, 2020 and set a briefing schedule. The matter was continued again based on the declaration of Attorney Hasan, who indicated tha...

Excerpt: ...dant shall serve further responses to Request Nos. 71, 72, and 77 without objection in 30 days. With respect to the evidentiary objections to the declarations of Matthew Fyie and John Southerland, the Court declines to rule on the objections as they were not determinative of the rulings below. On its own motion, in order to avoid further litigation in the future, the Court orders that before filing a discovery motion that requires a meet‐and‐...

Excerpt: ...ing party must first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) Factual / Procedural Context: Plaintiff Kenya Morales alleges that on 11/22/16, she leased a 2017 Acura TLX manufactured/distributed by Defendant American Honda Motor Co., which contained defects in the engine, steering, lighting system, ignition system, and body system. Plaintiff filed her complaint on 3/18/20 for: (1) Civil Code §1...

Excerpt: ...dant shall serve further responses to Request Nos. 71, 72, and 77 without objection in 30 days. With respect to the evidentiary objections to the declarations of Matthew Fyie and John Southerland, the Court declines to rule on the objections as they were not determinative of the rulings below. On its own motion, in order to avoid further litigation in the future, the Court orders that before filing a discovery motion that requires a meet‐and‐...

Excerpt: ...ing party must first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) Factual / Procedural Context: Plaintiff Kenya Morales alleges that on 11/22/16, she leased a 2017 Acura TLX manufactured/distributed by Defendant American Honda Motor Co., which contained defects in the engine, steering, lighting system, ignition system, and body system. Plaintiff filed her complaint on 3/18/20 for: (1) Civil Code §1...