Excerpt: ...t bowel obstruction. As part of his after‐surgery care and prior to his discharge, a “wound vac” was placed over the abdominal wound, with sponges inside the wound. Plaintiff's spouse removed the wound vac around the end of December 2020. In March of 2021 plaintiff sought treatment from defendant Anibal Gauto, M.D., as the post‐surgical wound was not healing. This care was provided at defendant Eisenhower Medical Center. In June of 2021, ...

Excerpt: ... prohibit Defendants from interfering with the assets and properties of business. In connection with the TRO, Plaintiff sought an order to show cause re appointment of a receiver to take possession and control of such assets and properties of the business. Plaintiff also sought an order to show cause re preliminary injunction, pursuant to Code of Civil Procedure section 526, to prevent Defendant Jackson from committing waste of, or from transferr...

Excerpt: ...inal complaint on 10/19/21. The First Amended Complaint (FAC) was filed on 11/23/21 and asserts a cause of action for financial elder abuse allegedly committed by Defendant, Renaldo Galloway, against the Settlor, Solomon Galloway Jr. There are also allegations that the title of two parcels of real property are in dispute (the Nuevo Property and the Gardena Property). The FAC is based on the allegations that Respondent took advantage the Settlor's...

Excerpt: ... parties. The dates selected must be on Fridays no more than six months after the TSC. Factual / Procedural Context Plaintiffs Elizabeth Barcenas aka Elizabeth Lisa L. Barcenas and Olivia Evans (together, “Plaintiffs”) filed the complaint (“Complaint”) in this action on July 22, 2022 against defendant Nissan North America, Inc. (“NNA”). On July 25, 2020, Plaintiffs purchased a new 2020 Nissan Sentra (the “Vehicle”), which was back...

Excerpt: ...ed, and which support granting the motion. The Court denies Defendant's motion to continue the Motion for Summary Judgment/Adjudication. 1 Notably, while not binding on this Court, federal courts considering Felisilda, have overwhelmingly refused to enforce an arbitration provision in a sales contract where only the manufacturer was a defendant. (See, e.g., Ngo v. BMW of N. Am., LLC (9th Cir. 2022) 23 F.4th 942, 950; Ruderman v. Rolls Royce Motor...

Excerpt: ...NIFIED SCHOOL DISTRICT Tentative Ruling: The Court sustains the City's demurrer to the 1st and 7th causes of action, with 30 days leave to amend. The Court grants the City's unopposed motion to strike, without leave to amend. The Court sustains BUSD's demurrer to the 4th and 5th causes of action, with 30 days leave to amend. The Court overrules BUSD's demurrer as to the other constitutional arguments. Factual / Procedural Context Plaintiff allege...

Excerpt: ...urt to “reexamine” any issue of fact or law, and is the proper procedure to challenge a trial court judgment for judicial error whether the judgment is based on law or fact or both. (See Wegner, et. al., CPG, Civil Trials and Evidence (TRG 2014), § 18:115, p. 18‐29, citing Carney v. Simmonds (1957) 49 Cal. 2d 84, 90.) CCP § 657 provides the grounds for a new trial and states: The verdict may be vacated and any other decision may be modifi...

Excerpt: ... dining room and family room. A plumber identified the issue as a failed pressurized water line. As the policy required mitigation, Plaintiffs contacted Defendants Carlo Terzian and Alltra Fresh Cleaning Specialists, Inc., who assured that the claim would be covered by State Farm. Plaintiffs allowed Alltra to perform work and State Farm did not inspect the property until 10/28/20. State Farm denied the claim on the grounds that the plumbing was d...

Excerpt: ...efendants also have a motion to strike set on 1/18/23 to strike any references to punitive damages or attorney fees. As the Court is sustaining the demurrer with leave to amend, the Court finds that the motion to strike is moot. The Court shall take the 1/18/23 motion to strike off calendar, without prejudice. Analysis This is a wrongful death action, where Plaintiff alleges that Carlo Forne was a patient at Defendants' facility, Bristol Hospice ...

Excerpt: ...red that there was no discriminatory animus when Plaintiff's employment was terminated. However, Plaintiff submitted a status as to the sixth cause of action, in which Plaintiff agreed to dismiss the sixth cause of action and that both sides would bear their costs and fees. As such, the sixth cause of action is resolved. Plaintiff also objected to the declaration of Darnell in its entirety, as the declaration addressed issues that Defendant could...

Excerpt: ...Item 8 c. $58,250.96 from Item 12 d. $843,486.28 from Item 16 2. Plaintiff Carlos‐ Tax Costs in the amount of $93,670.60 as follows: a. $14,122.73 from Item 8 b. $79,547.87 from Item 16 Factual / Procedural Context: This action arises from a motor vehicle accident between Plaintiffs and Defendant Premier General Engineering's employee Carlos Guevara. After trial, judgment was entered in favor of Sheena ($3,380,083.63), Carlos ($321,009.98) and ...

Excerpt: .../ Procedural Context Plaintiff Hal Hays Construction, Inc. (HHCI) was the prime contractor on a construction project involving the placement of the Humboldt County Juvenile Hall. The County of Humboldt is the project owner. Defendant Flooring Solutions, Inc. (FSI) was HHCI's subcontractor. In October of 2021, FSI's own subcontractor, All Bay Area Floors, Inc. (All Bay) caused a fire in the juvenile hall. The fire caused damaged to the structure a...

Excerpt: ...d by the attachments shall be $10,200,000 jointly and severally among the three Defendants. Plaintiff is ordered to post an undertaking in the amount of $10,000 within 30 days of the order. Factual / Procedural Context: On October 27, 2022, Plaintiff filed its Complaint arising out of a breach of a settlement agreement relating to the sale of a business. The operative First Amended Complaint (“FAC”) was filed on October 31, 2022, alleging the...

Excerpt: ...fects, which could not be repaired after FCA was given repeated opportunities. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and implied warranties. Plaintiffs also allege that defendant Geovel, Inc. dba I‐10 Chrysler Jeep Dodge Ram (“Geovel”) is authorized by FCA to perform service on FCA‐manufactured vehicles and performed negligent repairs when the subject vehicle was brought into the dealer...

Excerpt: ...ing. The Court shall not accept further briefings. Factual / Procedural Context: This is a motor vehicle accident case. The 12/22/21 complaint pleads causes of action for motor vehicle and general negligence. Plaintiff served special interrogatories, form interrogatories, and requests for production of documents (RFPs) on defendant on 4/15/22. The parties agreed to extensions, and defendant served unverified responses on 6/15/22. The Court notes ...

Excerpt: ...subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240[; and [¶]] (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” (CCP, § 2030.290, subd. (a).) Page 4 of 7 The Court denies the application for order to show cause, however, the Court shall order that all future case‐related documents be served by email, other ...

Excerpt: ... Juan Munoz (“Officer Munoz”), and Officer Gavin Lucero (“Officer Lucero) (collectively, “Defendants”). On January 7, 2015, Tyesha and her son (Tyzjon) and twelve‐year‐old daughter (non‐party) were involved in a traffic collision in which the other driver was driving under the influence. Tyesha's daughter was injured and in need of medical attention, and the police were called. (Complaint, ¶ 17.) Tyesha's sister, Taletha and othe...

Excerpt: ...aged in the business of shipping and logistics, providing shipping, warehousing, planning and cargo management for customers. Plaintiff's customers (primarily freight forwarders, manufacturers and/or distributors) place orders with Plaintiff to coordinate the shipping, warehousing and delivery of goods, including shipping container drayage. (Complaint, ¶ 7.) In mid‐2021, Plaintiff hired defendant Jianwei Lin aka Justin Lin (“Lin” or “Def...

Excerpt: ...Department in 2001. Hoyos worked Patrol and as a member of the SWAT team for more than a decade. In 2016, after sustaining an injury, Hoyos was placed in charge of the Shooting Range and Firearms Training Unit. In December 2019, Hoyos was selected for promotion to Sergeant and was ultimately placed in charge of the Auto Theft Unit in June 2020. (Comp. ¶8.) Hoyos alleges discriminatory treatment of Hispanic officers on the part of the City and va...

Excerpt: ...s, Inc. (“Barry's Security”) as a security officer. He is currently 75 years old. Plaintiff injured his wrist, hand, and shoulder on the job on 2/28/20. He could not perform all of his work tasks due to said injuries. After he reported said injuries and requested leave, he contends that he was subjected to discrimination and harassment due to his disabilities. He returned to work on the condition that he would be placed on light duty. However...

Excerpt: ...se arises from an automobile collision that occurred in Palm Springs, California, on June 28, 2020. Plaintiff Barry Trailer (“Plaintiff”) alleges that, Defendant John Charles Crosier (“Defendant”), who was operating a vehicle owned by Innovative Automotive Holdings LLC (“Innovative”), collided with his vehicle, causing him serious injuries. On August 3, 2021, Plaintiff filed a Complaint against Defendant, alleging (1) motor vehicle an...

Excerpt: ...tal declaration regarding whether he was entitled to relief under Code of Civil Procedure section 473.5 and whether he had actual notice to defend the matter before his default was entered. Defendant stated in his declaration that he didn't find out about the lawsuit until his real estate agent told him about it, but the original declaration failed to state a date when he was told—i.e., before or after his default was entered. Supplemental Repl...

Excerpt: ...y Unified School District at the time of the alleged sexual battery by another minor student, J.M., who also attended the High School. Plaintiff alleges that at the time of the events described in the complaint she was in the High School's special needs program and that, on October 21, 209, while plaintiff was being transported by bus to the High School, plaintiff was the victim of sexual battery and assault by J.M., who forced her to perform ora...

Excerpt: ...liction of Emotional Distress. The Court denies the Defendant's motion grant summary adjudication that Plaintiff's claim for punitive damages fails. Factual / Procedural Context: Jose Perez (“Plaintiff”) notified his employer, QG Printing II LLC (“QG Printing”) and Quad Graphics, Inc. (“Quad Graphics”), on 1/22/19 that he had to take a leave of absence due to colon cancer. On 3/12/19, he provided a doctor's note that he needed to be o...

Excerpt: ...ctual / Procedural Context: This is an action under the Song‐Beverly Act. On May 28, 2012, Plaintiffs Jose and Alicia Enriquez (“Plaintiffs”) purchased a 2012 Kia Optima, which was manufactured and/or distributed by Defendant Kia Motors America (“Kia”). Plaintiffs received a 5‐year warranty at the time of purchase. Plaintiffs allege that during the warranty period, the vehicle developed numerous Page 7 of 9 defects, including problems...

Excerpt: ...eginning when she was five or six years old. Plaintiff's mother, Defendant Kathleen Bingley (“Bingley”) knew the abuse was ongoing. Plaintiff alleges that she reported the abuse to bishops from Defendant The Church of Jesus Christ of Latter‐day Saints (the “Church”) as a teenager, but the Church did not report the abuse nor take action against Fitzgerald. On January 28, 2021, Plaintiff filed her original Complaint against the Church, Fi...

Excerpt: ...hich was backed by express warranties. (Complaint, ¶¶ 5‐8.) Plaintiff alleges that the Vehicle was delivered with defects and nonconformities to warranty which NNA was unable to repair. (Complaint, ¶¶ 10‐13, 18, 29‐31.) The Complaint sets forth two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song‐Beverly Act; and (2) Breach of Express Warranty under the Song‐Beverly. * * * NNA now moves to compel Pl...

Excerpt: ...On January 30, 2022, Plaintiff texted her GXO supervisor, Vanessa Perez, to request family medical leave to care for her mother who tested positive for COVID‐19. Plaintiff was informed that a doctor's note was needed and that she was expected work if she was symptom‐free. On February 3, 2022, Plaintiff tested positive. Plaintiff obtained a note from her doctor placing her on leave until February 7, 2022. Therefore, Plaintiff did not appear fo...

Excerpt: ...and 211. The Court also strikes portions of the following paragraphs to the extent that they reference reports to animal control/social services/public agencies and issuance/service of the 3‐Day Notice: ¶¶ 122, 134, 142, 161, and 190. Factual / Procedural Context: Plaintiffs, Rebecca Gremling; Josephine and Owen Barjols, minors, by and through their Guardian Ad Litem, Carrie Barjols, allege that they were tenants in an apartment located at 39...

Excerpt: ...7/20 complaint pleads causes of action for breach of contract, unjust enrichment, negligent misrepresentation, and conversion. Plaintiff took defendant's default on 10/18/21. A default judgment packet was submitted on 10/6/22, and an OSC re default judgment on 01/11/23. On 10/19/22, defendant filed a motion to vacate the default. She admits her counsel had talked to plaintiff's counsel in an attempt to informally resolve things, but she says she ...

Excerpt: ...Court sustains the demurrer with 30 days leave to amend as to the 1st, 2nd and 5th causes of action. The motion to strike is denied. Factual / Procedural Context: Plaintiffs Lorena Betancourt, Alexander Betancourt, Samantha Lopez, America Rodriguez, Michelle Arvelo, Raymond Anthony Garcia, Jose Ortez and Dylan Hainult (collectively “Plaintiffs”) are tenants of a multi‐family residential building in Riverside (“Property”). The property i...

Excerpt: ...reach of express warranty in violation of Song‐Beverly Act, and (2) breach of implied warranty in violation of Song‐Beverly Act. Plaintiffs allege that, on August 20, 2019, they purchased a 2019 Chevrolet Silverado 1500, manufactured and distributed by Defendant. (Compl. ¶¶ 4, 11, 14.) They allege that the subject vehicle came with defects and nonconformities in transmission, engine and exterior, and that Defendant's authorized repair facil...

Excerpt: ...ion (MND) and related approvals for the Dedeaux Harvill Truck Terminal Project (Project), which is to be built by Real Party in Interest, DP Harvill, LLC2 (Project developer.) (Petition [Pet.] ¶¶ 1, 11‐12.) The Project involves converting 11.5 acres of vacant land in Mead Valley to warehouse logistics (a 53,275 square foot building3 ) and truck terminal distribution uses. (Id. ¶ 2.) The Project site is located between Patterson and Harvill A...

Excerpt: ...mplaint on July 22, 2022 against cross‐defendants Michael Ulloa and Joshua Gonzales. Ulloa and Gonzales (together, “Cross‐Complainants”) thereafter filed a cross‐ complaint for indemnity and contribution against the Reinas on September 22, 2022. * * * The Reinas now move to strike Cross‐Complainants' demand for attorney fees on the ground that the cross‐complaint fails to set forth a contractual or statutory basis to support the dem...

Excerpt: ... the hearing that the documents were selected by counsel for review). EcoMaster is to provide further responses without objections (except as to RFP nos. 4‐5 overbreadth) within 30 days. The Court denies the request for sanctions due to lack of compliance with CCP §2023.040. Factual / Procedural Context: Plaintiff EcoMaster Corporation (“EcoMaster”) alleges it entered into a written contract on 1/9/18, with defendant Moon Lev Investments L...

Excerpt: ...but a TSC is set for today. Defendants move to compel Plaintiff's deposition, to appear at deposition within 14 days and sanctions of $1,587.50. Defendants requested Plaintiff's availability from counsel, but received no response, and served a deposition notice for 9/7/22 and continued to 9/23/22, to which Plaintiff failed to appear. Plaintiff's counsel submitted a declaration indicating that Plaintiff suffered a serious brain injury and right te...

Excerpt: ...2/02/23 at 8:30am. All counsel/parties may appear by Zoom/telephone at the next hearing, but the Court orders updated CMC statements prior to the next hearing. Factual / Procedural Context: Plaintiff David Krahn alleges that he is a 50% beneficiary of the Loyola Street Land Trust, of which Defendant Lori Houchin is the trustee. Defendants Craig Backstrom and Wendee Backstrom are the managers of Defendant Molly‐Two, LLC, and parents of Defendant...

Excerpt: ...e to Defendant's home. (¶ 3‐4.) Plaintiff considers herself a Moreno Valley activist, and has used the CA Public Records Act to bolster her activism. (¶ 7,8.) Plaintiff alleged that she has had many dealings and “grudges” with Defendant over the years. (¶ 8‐9.) To that end, Plaintiff alleged that Defendant has told members of the Mongols that Plaintiff has taken pictures of them from her home. (¶16.) She alleged in ¶ 17: “Is known ...

Excerpt: ...ulently obtained an interest in Plaintiff's property located at 1430 W. Wilson Street in Banning, recorded fictitious forged deeds of trust against the subject property using sham entities, and has twice improperly initiated foreclose proceedings. Plaintiff alleges Defendant used multiple alter ego corporations to perpetrate the fraud, including defaulted defendants Janitorial Services and Distribution, Inc., Western Lien Service, First Artisan F...

Excerpt: ... a qualified psychologist. (4) Dr. Shelby is prohibited from asking questions about Plaintiff's consensual sexual history. (5) The raw test data shall be produced to Plaintiff's qualified expert. (6) The mental examination of Plaintiff is limited to 6 hours. Thus, the Court orders Plaintiff to submit to a mental examination with Dr. Shelby on December 2, 3, 5, 9, or 10, 2022, or to a date mutually agreed upon by all parties, subject to the limita...

Excerpt: ...4AC] ¶¶1‐2.) Plaintiff Leslie Frias is Joseph O.'s GAL. Plaintiff was a student at Paloma High School in the Perris Union High School District (“District” or “Defendant”). In September 2019, it was reported to Leslie Frias that District employee Steven Carter had been providing Plaintiff Joseph O. with marijuana and Plaintiff smoked marijuana under Carter's supervision. (4AC ¶¶60‐62.) Specifically, at some time in 2019 Carter saw ...

Excerpt: ...ir dealing, the demurrer as to these causes of action is sustained without leave to amend. If Plaintiff does not seek to amend the complaint, or the Court does not grant leave to amend, then Defendant shall file an answer within 20 days on the remaining causes of action. Factual / Procedural Context: This is a foreclosure action. Plaintiff, Chris Darden, admits he defaulted due to economic hardship but alleges he submitted a complete loan modific...

Excerpt: ...stina Gordon dated June 11, 2020 (RFP No. 15); and (4) Letter from Lonetta Bryan to Kristina Gordon dated June 11, 2020 (RFP No. 15), subject to a protection order or redactions of any privileged materials. o The Court recognizes that Plaintiffs are agreeable to accepting production of these Notices subject to a protective order to alleviate any concerns related to privacy rights and/or other privilege. (See Pls.' Mot. 8:12–13, 9:7–8.) The Co...

Excerpt: ...l institutions 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 action against the State, the California Department of Corrections and Rehabilitation (CDCR), and various CDCR employees levying violations of state and federal law that allegedly occurred between March 2008 and April 2017 during plaintiff's term of incarcer...

Excerpt: ...tion of Plaintiff's counsel, Anna Levsky, the evidentiary objections to No. 5 should be overruled and sustained as to Nos. 6 and 7. Plaintiff's request for judicial notice in support of opposition: The Court grants the request only to extent this document exists as part of a court record or file, which should not be accepted as true matters stated, unless the matters are indisputably true. (Evid. Code, §452(d) [judicial notice may be taken of re...

Excerpt: ...es of action for (1) Financial Elder Abuse [Welfare & Institutions Code §§ 15610.07; 15610.30]; (2) Intentional Misrepresentation; and (3) Quiet Title [CCP § 760.020.] Plaintiff, Margaret E. Adkins, is an 82‐ year‐old woman and mother to Defendant Christopher Adkins (“Christopher”). Defendant Diana Jones (“Diana”) is in an unidentified relationship with Christopher, and apparently acted in concert with him. Plaintiff alleges that b...

Excerpt: ...cedural Context Plaintiff Robert Whitton (“Plaintiff”) filed the complaint (“Complaint”) in this action on April 21, 2022 against defendants Ford Motor Company (“FMC”) and Raceway Ford (“Raceway”) (together, “Defendants”). On August 5, 2017, Plaintiff purchased a 2017 Ford F‐150 (the “Vehicle”) from the non‐party dealer, Sunrise Ford. (Complaint, ¶ 10; Declaration of David M. Keithly in Support (“Keithly Decl.”), ...

Excerpt: ...answer within 20 days. With respect to Plaintiff/Cross‐ Defendant Northgate's ex parte request/application to file a summary judgment motion in excess of the 20‐ page limit, the ex parte motion is denied with respect to filing a 40‐page brief. The Court agrees with the Defendant/Cross‐Complaint and Plaintiff/Cross‐Defendant's alternative request, that it would be more prudent and practical for Plaintiff/Cross‐Defendant to file two sep...

Excerpt: ...on Plaintiff's first cause of action for physical elder abuse, but denied as to financial elder abuse. However, neither side had briefed the issue of damages. On 04/15/22, Plaintiff submitted a proposed judgment in the amount of $34,461.83 against Leslie Frias. Defendant Frias filed an objection on 06/13/22 to the proposed Judgment. The Court recognized that damages had not been addressed in its writing ruling on Plaintiff's motion, and damages b...

Excerpt: ...rike the reference to Labor Code §210, 226.3, 246 and 558 referenced in PAGA, without leave to amend. The Court denies the remaining portions of the motion to strike. Factual / Procedural Context: Plaintiff Parminder Singh alleges that Defendant RX Staffing Solutions, Inc, owned by Defendant Steven Moore, employed Plaintiff as a registered nurse at Calipatria State Prison. He contends Defendant violated wage and hour laws. On 3/16/21, Plaintiff ...