Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4, but was not filed or served. Plaintiff alleges that at 1627 South Hargrave Street in Banning on October 24, 2019 he was injured by an Interlift liftgate model numbe...

Excerpt: ...ION TO COMPEL PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT NORCO TRUCK CENTER, INC. (SET ONE) BY GREY-CON CONSTRUCTION, INC. Tentative Ruling: With respect to the substantive portions of the motions to compel the Form Interrogatories and Requests for Admissions, the Court denies the motions to compel as moot. Per the opposition of Defendant Norco Truck Center, Defendant submitted responses to Pl...

Excerpt: ... overruled the demurrer on the basis that Plaintiff did not exhaust administrative remedies under CCP 5403.41(b). The court overruled the demurrer as to the first, second, fifth, and ninth causes of action. The court sustained the demurrer with leave to amend as to the eighth cause of action. Defendants bring the instant motion for reconsideration of the order overruling the demurrer. Defendants contend there may have been a "possible inadvertent...

Excerpt: ...located at 1415 Via Vallarta, Riverside, CA 92505 (the "Property"). (FAC "1 3, 9.) Amie purchased the Property in 2015 for $555,C03 with cash and a private loan of $45WN secured by a deed of trust ("2015 Deed of Trust"). (ld. at 11.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (ld.) Defendant Karen...

Excerpt: ...filed the complaint (the "Complaint") on February 14, 2022 against defendant General Motors LLC ("GM"). Plaintiff alleges that on March 2, 2019, she purchased a 2017 Chevrolet Camaro (the "Subject Vehicle") and received a written warrantyfrom GM. (Complaint, 11'18-9, 17.) Plaintiff alleges that the Subject Vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects, including transmission and str...

Excerpt: ...intiff Heather Chacon ("Plaintiff") tripped and fell on the premises of the Rustic Lane Elementary School. Plaintiff retained Defendants Gerald Marcus and the Law Offices of Gerald Marcus ("Defendants"). Defendants served complaints under the Government Claims Act on the City of Riverside, Jurupa Valley Unified School District and the County of Riverside, and, after the claims were rejected, filed a civil action against these entities. However, i...

Excerpt: ... BEYER, ET AL Tentative Ruling: As to Defendant Lending Bee, the Court sustains the demurrer with 30 days leave to amend as to the third, sixth, and seventh causes of action; all other aspects of the demurrer are overruled. The Court finds the motion to strike is moot. As to Defendants Beyer, et al, the Court overrules the demurrer. As the Plaintiff is granted leave to amend as to Lending Bee's demurrer, Defendants Beyer et al. shall file their a...

Excerpt: ...As the Court would prefer to decide this issue on the merits, the Court shall order Plaintiff to file the opposition within 3 court days, and the Court shall set Ford's demurrer on September 11, 2023, at 8:30am. The Court sustains the demurrer to Defendant Rancho Ford's demurrer with 20 days leave to amend, after the hearing on Ford's demurrer. Factual / Procedural Context: Plaintiff Jose Frutos alleges that on 4/24/22, he purchased a 2021 Ford M...

Excerpt: ...23.030, 2023.040, and 2031.320 for Plaintiff's failure to produce his vehicle for inspection on February 10, 2023. Plaintiff failed to file an opposition which was due June 28, 2023, and on July 12, 2023, Judge Lydia Villareal (a rebred judge who is not available) heard and granted Defendants an award of sanctions in the amount of $2,361 (as opposed to the requested $4,736). Plaintiff moves the court for reconsideration of that order based on the...

Excerpt: ...g on May 19, 2023: The Court would note, however, that with respect to the attorney fees or costs, the bankruptcy stay would preclude the Court from awarding said fees. In this case, the appeal was filed and pending before the filing of the involuntary Chapter 7 bankruptcy petition, and any action to recover costs which were incurred at the prepetition stage, at this juncture, may constitute a claim against the debtor to collect a debt. "[A] 'cla...

Excerpt: ...Chevrolet Traverse ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant" or "GM") authorized repair facility on numerous for the various defects, including the transmission, sus#nsion, electrical, engine, and emission system defects. (Complaint, 94.) Various defects pe...

Excerpt: ...eterle Trust dated October 23, 2012 and Jacqueline Dieterle Trust dated October 29, 2012 alleges that he owns four parcels of vacant property located at the northwest corner of Clark Street and Martn Street in the City of Perris. (First Amended Complaint ("FAC"), "1 2, 3.) Defendant Delfino aasbdas ("Bastidas") owns the property directly north of Plaintiff's property, defendant Lesli Meza Madrid ("Meza" or "Defendant") owns the property directly ...

Excerpt: ...20 days. The Court is mindful the parties have a case management hearing set today. To allow the parties to get the case at-issue and complete discovery, the Court shall continue the case management hearing to December 7, 2023 at 8:30am. All parties are ordered to file u#ated CMC statements prior to that date. Factual / Procedural Context: On July 12, 2020, Plaintiffs purchased a 2020 Chevrolet Silverado. (Complaint at '1 11.) On February 24, 202...

Excerpt: ...use of action as to Torres. The Court sustains the demurrer to the fifth cause of action regarding Regents. Unless Plaintiff can articulate facts to cwercome a subsequent demurrer, the Court sustains these causes of action without leave to amend. The Court overrules the remainder of the demurrer. The Court denies the motion to strike. Factual / Procedural Context: This is case arises out of Manuela Martins-Green's ("Plaintiff") employment (and in...

Excerpt: ...he motion as to RFP no. 5. The Court denies the entirety of the motion to compel further responses to special interrogatories. The Court denies both parties' requests for sanctions or costs. TSC — Arbitration Venue Furthermore, the Court is mindful that on today's calendar is a trial setting conference, however, the parties indicated that they would submit to binding arbitration with a bar association. The issue is what the proper venue should ...

Excerpt: ...herd, Inc. and Nader Habil, allege that Shepherd was formed to purchase certain business assets from Defendants, Magdy Helmy Baskharoon (Baskharoon) and Select Investments, LLC (Select), who owned and operated Norco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $165,000. As conditions of sale, Defendants made representations and warranti...

Excerpt: ...(2) nuisance per se; and (3) unlawful business practices. Plaintiffs allege that Defendants Juan Carmelo Nunez, Adriana Nunez and Lucy Huidor own commercial real property in Jurupa Valley that is subject to a deed of trust by Peter A. Corti and UJius Corn trustees under the Peter A. and Lois M. Corti Family Trust. City conducted an inspection finding unpermitted electrical conduits, connections modifying the existing electrical panel, and a large...

Excerpt: ...If the meet and confer efforts are not successful, the Court invites the parties to engage in an informal discovery conference prior to filing another motion to compel. Factual / Procedural Context On July 10, 2021, Plaintiff leased a new 2021 Hyundai Kona EV. Plaintiff alleges that during the warranty period the vehicle contained or developed defects. Plaintiff presented the subject vehicle to Defendant's authorized repair facility on numerous o...

Excerpt: ...al / Procedural Context: Plaintiff Rick Romandetta is the son of decedent Louise Romandetta. Decedent was recovering from strokes, hypertension and atrial fibrillation. Doctors prescribed Xarelto on a daily basis to treat her atrial fibrillation and prevent future strokes. Decedent received home health care services by Defendant Equanimity Hospice & Palliative Care ("Equanimity"), where lead care was designated to Defendant David Fukada, M.D. Dec...

Excerpt: ...aj Kumar Pandey formed the corporate entity. Plaintiff purchased a new commercial truck that was financed through Opportunity Fund, who demanded that the truck be put in the name of the party with a valid Commercial Driving License. Only Defendant Pandey had the license and the parties agreed to put the truck in Defendant's name, which was formalized in a Tractor Lease Agreement. Since the truck was in Defendant's name, he leveraged this to incre...

Excerpt: ...ge 7 of 7 causes of action for 1) quiet title, 2) cancellation of written instruments, 3) declaratory relief, 4) negligence, 5) equitable indemnity, and 6) contribution. This case was consolidated with CVR12000792, Citizens Business Bank v. Michael Glenn Smith, Allison Campbell-Smith, and Renfeng Wang, seeking three counts of breach of guaranty claims and a fourth claim for unjust enrichment. Plaintiffs assert that they first requested a jury tri...

Excerpt: ...he application to the extent it seeks a) an inspection in the absence of owners/occupants b) forcible entry and/or c) demolition or destruction of any portion of the property, including but not limited to walls or flooring. The Court orders the City to submit a revised proposed inspection warrant in accordance with this ruling within 5 days. Factual / Procedural Context: This is a nuisance abatement action relating to commercial property located ...

Excerpt: ...ve damages. Plaintiffs' evidentiary objections as to Jayco Sustain: #s 1, 2, 3, 5, 8, 9 Overrule: #s 4, 6, 7 Plaintiffs' evidentiary objections as to MORryde Sustain: # 1, 2, 3, 6 Overrule: # 4, 5 Facts/procedure This is an action for product liability concerning a recreational camper, more specifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufac...

Excerpt: ...rs/offcers at various tmes between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, i.e., Riverside Juvenile Hall and Indio Juvenile Hall. (First Amended Complaint ("FAC"), 2-4, 52-81.) Plaintiffs allege they were under the direct custody, care and control of the County and its agents, Plaintiffs' detention was court ordered and mandatory, and the duration and nature of their commitment we...

Excerpt: ...LC (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 affiliate of AERC, received a short-term loan from the partnership. Additionally, the general partners charged management fees, consulting fees, etc. Plaintiff file...