Excerpt: ...z (“Defendant”). On January 22, 2019, the parties reached a settlement under which Defendant would be permitted to purchase Plaintiff's interest in the subject property. A disagreement with respect to the timing of payments subsequently arose, and Defendant moved to enter judgment under CCP § 664.6. The court granted the motion and entered judgment (the “Judgment”) on August 9, 2019 based upon the terms that the parties previously placed...

Excerpt: ... Court's tentative is to dismiss Defendant Shawn Barrios pursuant to that OSC. BACKGROUND FACTS On or about October 2, 2019, Plaintiff Indressano filed his Complaint seeking damages allegedly incurred as a result of the subject incident. On or about January 15, 2020, Defendant Bravo timely filed an Answer and discovery commenced. Defendant Bravo filed several motions to compel, (Request for Production of Documents, Form and Special Interrogatorie...

Excerpt: ...Court to conduct an Informal Discovery Conference (“IDC”) prior to the filing of the motion. FACTUAL / PROCEDURAL CONTEXT This is a vehicular collision case. On April 12, 2018, Plaintiff Rony Hay (“Plaintiff”) was a passenger in a Toyota Corolla on the 91 freeway. A vehicle driven by Defendant Hayley Claire McIntyre (“McIntyre”) collided with the Corolla. McIntyre was allegedly driving at an excessive rate of speed and was unable to s...

Excerpt: ...csson”) and Fusion Technical Solutions, LLC (“Fusion”). Kenneth and his wife, Plaintiff Gayle Rose (“Gayle”) (collectively “Plaintiffs”) allege that Gutierrez was speeding at the time of the collision. Although Kenneth initially did not experience any injuries as a result of the collision, later that day he became disoriented and was unable to walk or stand. Kenneth was taken to the emergency room of Inland Valley Medical Center (�...

Excerpt: ...hen 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 years old) and her physical condition is declining. Defendant opposes the motion contending Plain...

Excerpt: ...fered damages totaling $36,066.31. (Comp. ¶6.) Defendant Maradiaga was the registered owner of the car Mendoza was driving at the time of the accident. (Ibid.) Plaintiff brought this subrogation action against both defendants. Here is a summary of the relevant events: • December 5, 2013: Summons and Complaint filed. • January 20, 2014: Defendant Maradiaga served by substituted at 14541 Hartland St., Apt. 6, Van Nuys, CA 91405. • January 21...

Excerpt: ...on for conspiracy is sustained with 30 days leave to amend. The demurrer to the fifth cause of action for conversion is sustained with 30 days leave to amend. FACTUAL / PROCEDURAL CONTEXT This is a construction contract dispute. Plaintiff Binnquist Development Incorporated (plaintiff or Binnquist) alleges it is a general building contractor and that defendants Dennis French (French) and Rick Tarnutzer (Tarnutzer) were general partners in a genera...

Excerpt: ...driving east on Hazel Drive, when Defendant Sergeant Michael Koehler caused an accident. Thereafter, another officer from another vehicle ordered Plaintiff out of his car, was handcuffed and sat on the curb while officers searched his vehicle. 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 ...

Excerpt: ...NTEXT Plaintiff Clayton Blood (“Plaintiff”) contends that he was a guest of defendant Hyatt Place Riverside/Downtown. During his stay, he was attacked in the lobby by two other guests – Anthony Mora and Gilbert McGuire. Plaintiff asserts claims against Anthony Mora, Gilbert McGuire, Hyatt Place Riverside/Downtown, and Rui Xin, LLC (“Rui Xin”). His complaint asserts the following causes of action: (1) assault and battery, (2) negligence,...

Excerpt: ...o was employed by Casco Equipment, negligently drove his vehicle into Plaintiffs causing injuries. With respect to punitive damages, Plaintiffs alleged that Defendant Christian was intoxicated after having consumed great quantities of alcohol and that he knew that he would be driving shortly thereafter. It further alleges that Casco was aware that Christian driving in this condition would probably result in great bodily harm or death to another p...

Excerpt: ...s 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. (Second Amended Complaint filed on 11/20/20 (“SAC”), ¶ 13.) He was the first African‐ American in the history of the department. (FAC, ¶ 13.) Soon after he started, Plaintiff disagreed with Dean Tabor on her assessment of his performance. Plai...

Excerpt: ...COMPLAINT FILED BY UNITED RENEWABLE ENERGY CO. LTD Tentative Ruling: The Court overrules all three demurrers in its entirety. Defendants to file answers within 20 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff, United Renewable Energy Co., Ltd., alleges that it entered into a business relationship with Defendants, Sun Pioneer USA, Inc. (Sun Pioneer); Sunspark Technology, Inc. (Sunspark); and Steven Sun (Sun) in June of 2019. Plaintiff would issue w...

Excerpt: ...bute dietary supplements. In 2016, Tariq, Kahn, Defendant and Abdullah Kelker, who eventually transferred his shares to Tariq, executed a partnership agreement (“Agreement”) indicating the shares of Kelker owned by each partner and other rights and obligations of partnership, including involuntary separation. Kelker was not profitable through 2017, so Tariq loaned the business an additional $300,000. Because Kelker was unable to repay the loa...

Excerpt: ...os 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 First Amended Complaint, filed 2/7/19, ...

Excerpt: ...on arises out of a construction project. Plaintiff Binnquist Development Inc. (“Plaintiff”) was the general contractor on a construction project at 1827 Atlanta Avenue in Riverside pursuant to a written contract (the “Contract”) with defendants Laguna Hills Allspace, Dennis French and Rick Tarnutzer (“Defendants”) in which Defendants promised to pay $2,459,532, inclusive of amendments and modifications by change orders. Of that amount...

Excerpt: ... cars to obtain better mileage, greater reliability, and overall improved performance. Defendant Farrell operates Hyperfuel, Inc., which also designs and distributes aftermarket performance auto parts. Hyperfuel and FIT compete with one another in the market. In 2014, Farrell was appointed as FIT's General Manager. He held the position until November 2017, when he left the company, after FIT discovered he was working for another aftermarket autom...

Excerpt: ...ecedent's home on 12/19/18 and ordered four prescriptions with Defendant Equanimity Hospice & Palliative Care, however, only three prescriptions were delivered on 12/20/18 and 12/22/18. Decedent suffered a stroke on 12/22/18 and died on 12/28/18. Plaintiffs filed the original complaint on 6/26/20. After Defendant Fukada demurred, Plaintiffs filed a First Amended Complaint (FAC) as a matter of right on 10/26/20 for professional negligence and wron...

Excerpt: ... cars to obtain better mileage, greater reliability, and overall improved performance. Defendant Farrell operates Hyperfuel, Inc., which also designs and distributes aftermarket performance auto parts. Hyperfuel and FIT compete with one another in the market. In 2014, Farrell was appointed as FIT's General Manager. He held the position until November 2017, when he left the company, after FIT discovered he was working for another aftermarket autom...

Excerpt: ...ecedent's home on 12/19/18 and ordered four prescriptions with Defendant Equanimity Hospice & Palliative Care, however, only three prescriptions were delivered on 12/20/18 and 12/22/18. Decedent suffered a stroke on 12/22/18 and died on 12/28/18. Plaintiffs filed the original complaint on 6/26/20. After Defendant Fukada demurred, Plaintiffs filed a First Amended Complaint (FAC) as a matter of right on 10/26/20 for professional negligence and wron...

Excerpt: ...9 against defendant Riverside Transit Agency (“RTA”). On March 12, 2019, Plaintiff was a passenger on a bus operated by RTA. Plaintiff alleges that she was injured when she was struck by heavy luggage which fell from the storage rack above where Plaintiff was seated on the bus. The complaint sets forth a single cause of action for negligence. * * * RTA now moves for summary judgment. RTA argues that although it had a heightened duty of care a...

Excerpt: ... Rose (“Plaintiff”) alleges on May 15, 2018, he was involved in a traffic accident with Defendant Gutierrez. After the accident, he proceeded to drive home. He alleges that after arriving home, he developed significant symptoms prompting paramedics to be called. He arrived at the Inland Valley Medical Center and met with doctors. Plaintiff alleges that the doctors told him that his injuries were minor, however, Plaintiff indicates that the do...

Excerpt: ..., pursuant to which LLR agreed to purchase products from MyDyer for resale by “independent fashion consultants” (“Consultants”). LLR and Defendant LulaRoe (“LulaRoe”) sell leggings through a direct sales multilayer marketing business. MyDyer alleges that LLR, Lularoe and other defendants breached the Sourcing Agreement by failing to pay for over $30 million in delivered product and continuing to order more product with no intention of...

Excerpt: ... Denzel Cooley (“Cooley”), which started at a restaurant owned and operated by Defendant T.G.I. Fridays, Inc. (“TGIF”) and Briad Restaurant Group, LCC (“Briad”), which owned the TGIF franchise located at the shopping center owned and operated by Defendants Tyler Mall, L.P., GGP‐Tyler Mall, LLC, and Growth Management, Inc. (collectively “Tyler”). The altercation was allegedly initiated by Cooley while Jermaine was at the restaura...

Excerpt: ...e Court has not received an update from Defense Counsel, but Plaintiff has not filed an opposition to this motion and nothing in the record demonstrates that Plaintiff Hwang has produced discovery. Indeed, instead of indicating that Plaintiff has in fact responded to the discovery request or this motion, Plaintiff Hwang filed a motion to reconsider the Court's order from 12/10/20. Regardless, if Plaintiff has produced the requisite discovery, the...

Excerpt: ...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). As concerns the present demurrer, Ginsburg alleges that a January 29, 2018, deed of trust (the “DOT”) recorded against the Property reflecting a sale of the Property for $800,000 by Gloria to ...

Excerpt: ... 10 Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Y...

Excerpt: ...isa Salisbury (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 A...

Excerpt: ...ion against Defendant MercedesBenz USA, LLC for violations of the Song‐ Beverly Act and Magnuson‐Moss Act. Plaintiffs purchased a 2015 Mercedes‐Benz C‐400 on February 4, 2017. (Comp. ¶7.) Plaintiffs allege the vehicle did not conform to the express warranties as it had issues with the engine, transmission, HVAC, and electrical components. (Comp. ¶9.) Plaintiffs took the car in for repairs many times, but Defendant did not repair the veh...

Excerpt: ...will suffer the greater injury if the injunction is denied and their property is sold through foreclosure. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 633.) The Court orders Plaintiff to post a bond in the amount of $15,000.00 within 60 days. FACTUAL / PROCEDURAL CONTEXT Plaintiffs WRF Investments, Inc. (WRF), Renfeng Wang (Mr. Wang), and Tao Sarah Wang (Mrs. Wang) (collectively, “plaintiffs”) allege that WRF was dissolved ...

Excerpt: ...(“Thompson”) and Cedric R. Stewart (“Stewart”). Plaintiff alleges that she was severely injured when Thompson negligently drove his vehicle causing it to collide with Plaintiff, who was a pedestrian. (Complaint, ¶¶ 8‐10.) On July 24, 2018, Thompson executed a sworn statement in which he denied owning any real property, and his insurance carrier tendered the policy limits of $20,000 to Plaintiff. (Id., ¶¶ 12‐13, Exhibit C.) Plainti...

Excerpt: ... strike is moot. The Court further recognizes that by granting leave it necessarily will mean that the matter will not be at issue by the time that the trial readiness conference is heard, which is on January 26, 2021. On its own motion, the Court shall continue the TSC to April 26, 2021, at 8:30 am, to be heard telephonically. FACTUAL / PROCEDURAL CONTEXT This is a medical malpractice matter. On August 25, 2017, Hannah Coates (“Hannah”) was ...

Excerpt: ...ARY SANCTIONS BY PHYSICIANS FOR HEALTHY HOSPITALS Tentative Ruling: The motion for further responses to form interrogatories is granted and sanctions imposed against plaintiff and her counsel in the amount of $975 in attorney's fees and costs of $90. The motion for further responses to special interrogatories is granted, except as to Special Interrogatory No. 34, and sanctions imposed against plaintiff and her counsel in the amount of $975 in att...

Excerpt: ...ntiff”) was driving to work when his vehicle was struck by a 2007 GMC Sierra truck (“subject vehicle”) driven by Defendant Marco A. Manriquez, Jr. (“Driver” or “Marco Jr.”), who allegedly ran a stop sign. Marco Jr.1 was convicted of felony driving under the influence. The subject truck was registered to the Driver's father, Defendant Marco Manriquez, Sr. (“Marco, Sr.”). Driver's mother, Defendant Jacqueline Nunez‐Silva (“Mov...

Excerpt: ... October 27, 2018, Plaintiff Karen Gotschall slipped and fell near the Nitro Puff kiosk at the Galleria at Tyler Mall. On June 10, 2020, Plaintiff Karen Gotschall filed a Complaint for Negligence against Defendants Joshua Mitchell, individually and dba Nitro Puff Magic; Tyler Mall LP; Brookfield Properties, LLC; and the Millard Group. Defendant Joshua Mitchell dba Nitro Puff Magic (“Mitchell”) operated the Nitro Puff kiosk pursuant to a writt...

Excerpt: ...T BREWER'S LEDGE, INC.'S Tentative Ruling: The Court sustains the Regents of the University of California (“Regents”) demurrer as to the first and second causes of action with 30 days leave to amend. The Regents of the University of California's motion to strike is moot as to the first and second cause of action, but grants the motion with 30 days leave to amend as to paragraph 31. The Court grants Defendant Brewer's Ledge's motion to strike ...

Excerpt: ...30 am in D‐3, which shall be vacated if the Judgment is received and signed by the Court prior. ANALYSIS From commencement to conclusion, the party moving for summary judgment bears the burden of persuasion. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 855.) For summary judgment purposes, “[i]n an employment discrimination case, the employer, as the moving party, has the initial burden to present admissible evidence showing e...

Excerpt: ... action. The burden therefore was shifted on Plaintiff to show that a triable issue of one or more material facts exists as to the defense, but Plaintiff has not met her burden. FACTUAL / PROCEDURAL CONTEXT Plaintiff has brought the instant action against the County for the release of her medical records to a third‐party settlement adjustor in violation of HIPAA, alleging the causes of action for (1) Breach of HIPAA Violation and (2) Intentiona...

Excerpt: ...ithout leave to amend unless Plaintiff requests oral argument and can articulate at the hearing how she can cure the defects described below. With respect to leave to amend, the Court notes that on 11/5/20, the Court sustained Urban Park's demurrer and granted 60 days leave to amend. The District's demurrer and motion to strike was originally scheduled to be hear on December 1, 2020, but because the Opposition was not filed the Court continued bo...

Excerpt: ...une 1, 2020, against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Health Care Services), California Department of Health and Human Services (together, the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs are the parents of the decedent child, Natalie Franchini (“Natalie”), who was born on June 1, 2015....

Excerpt: ...ntative ruling, regardless of whether either side requests oral argument, the Court orders all parties to be present at the time of the hearing. STATEMENT OF FACTS AND PROCEDURAL HISTORY This is a wrongful foreclosure action. Plaintiff Yi Fu Hwang (“Plaintiff”) alleges that he obtained a Home Equity Line of Credit (“HELOC”) from defendant Cathay Bank on September 22, 2006, in the amount of $150,000, which is secured by a deed of trust on ...

Excerpt: ... action, the Motion to Strike is denied without prejudice as moot. The Court denies Defendants' request for judicial notice, which was to take judicial notice of their responses to Plaintiff's Form Interrogatories. The request does not cite any statute on which the request is based. When ruling on a demurrer, a court may take judicial notice of inconsistent statements in plaintiff's own affidavits and unequivocal discovery responses based on plai...

Excerpt: ...oom availability. In‐Person Jury Trials Defendant's unopposed motion argued that a jury trial conducted remotely will unconstitutionally affect Defendant's right to jury trial. To be sure, Defendant is absolutely correct that the trial courts have a duty to ensure the right to a jury trial. As cited by Defendants, Article I, section 16, of the California Constitution and the Sixth Amendment to the United States Constitution ensure the right to ...

Excerpt: ...endant Mancha Development Company LLC (“Defendant”). In November 2018, he suffered a workplace injury to his fingers. Plaintiff alleges he was thereafter harassed, discriminated against and ultimately terminated. Plaintiff filed the Complaint on June 20, 2019, alleging various violations of the Labor Code and the Fair Employment and Housing Act (“FEHA”), as well as violation of Bus. & Prof. Code § 17200 et. seq. (“UCL claim”). On Nov...

Excerpt: ... and fourth causes of action with 30 days leave to amend. However, the Court shall sustain the demurrer without leave to amend as to the first cause of action for negligence unless the Plaintiff requests oral argument and can articulate why there should be a cause of action for negligence and gross negligence when considering Health & Safety Code sections 1799.106, 1799.107, and 1799.108. Motion to Strike: Because the Court is granting leave to a...

Excerpt: ...arsen, E. Larsen Bruce, Erick Bruce Larson, Erick Larson and Larsen Bruce F) for a line of credit debt owed to its predecessor Wells Fargo Bank based on a written contract entered into on 4/13/2004. Plaintiff alleges it purchased the debt from Wells Fargo and is the sole owner of the debt. Plaintiff alleges that defendant defaulted on 1/1/2007, and that $31,967.99 is owed, along with interest of 23.99 percent per annum. Defendants were served by ...

Excerpt: ...ave to amend within 30 days. This shall be the final leave to amend. As to Defendant Tsai's demurrer, the Court sustains the demurrer with one final leave to amend within 30 day. As to Defendants Afifi's and Alomaris' demurrer, the Court sustains the demurrer with one final leave to amend within 30 days to the 1st cause of action as to both Afifi and Alomaris, and to the 2nd‐5th causes of action as to Afifi. Factual / Procedural Context as to a...

Excerpt: ...n and Dianne Van Loon, but were dismissed early on in litigation. Two of the cross‐complaints that were filed went to trial – one brought by Winchester‐ Wesselink, LLC (“LLC”) and one brought by Richard Van Loon. LLC asserted in its cross‐complaint that two of its members, Richard and Dianne Van Loon (collectively “Van Loons”), had refused to allow the majority shareholders to act, had engaged in meritless litigation, and had inte...

Excerpt: ...iverside regarding property owned by defendant 1445 University Avenue, LLC at 1445 University Avenue in Riverside. The City alleges numerous Health and Safety Code violations at the property and seeks appointment of a receiver under Health and Safety Code section 17980.5. The City alleges the property is a vacant commercial building and has been in substandard condition dating to at least March 2019. There are transients at the property, homeless...

Excerpt: ...urvivor action brought on behalf of the estate of the decedent, Ying Chi “Eddie” Wong (“Decedent”) against the decedent's spouse, Defendant Lu Li, involving disputes over rights to certain real and personal properties. Plaintiff is Decedent's daughter from his first marriage which ended in a divorce in 2012, who is also the executor of the Decedent's estate. The real properties at issue are located in Riverside County, and are referred to...

Excerpt: ... HISTORY Plaintiff Luvy Leal (“Plaintiff”) filed the complaint (the “Complaint”) in this action on July 27, 2018, against defendants Sabadell United Bank, N.A. (“Sabadell”); Aztec Foreclosure Corporation (“Aztec”); VirtualBank, a division of IberiaBank (“VirtualBank”); and IberiaBank (“IberiaBank). Plaintiff, who is the owner of property located in Corona, California (the “Property”) alleges multiple violations of the Ho...

Excerpt: ...thirteen causes of action, seeking to recover damages and return of business assets for various wrongful acts, including breach of contract and financial elder abuse. Defendant Gastelum demurs to the second and fourth causes of action alleged against her, respectively for Aiding and Abetting Financial Abuse of an Elder and for Aiding and Abetting Conversion. In 1981, Plaintiff founded the business providing firearms and security training, using t...

Excerpt: ...t portion of the subject property in order to widen the street and install a new water line; second, the City seeks to temporarily acquire an 1,828 square foot construction easement for a period of nine months while the construction takes place. The subject property is an unimproved parcel currently zoned Business Park. The City has deposited $10,600 as probable compensation‐‐$10,000 for the permanent taking and $600 for the easement—and no...

Excerpt: ...ani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside Community 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 Fresno. The family returned to Riverside in spring of 2018, at which time Daelani enrolled in Defendant Fullerton College (“College”), which is a part of Defendant North Orange C...

Excerpt: ...lly. Vantage is ordered to file an updated motion that contains the relevant unredacted information that is consistent with the ruling below. The Court orders Vantage to file that updated document within 10 days of today's hearing. FACTUAL / PROCEDURAL CONTEXT Plaintiffs Michael Franchini and Kelsey Garcia's (collectively “Plaintiffs”) minor daughter, Natalie Franchini, died due to cancer on 5/31/19. They contend that defendants Yvonne D'Sylv...

Excerpt: ...hat is subject to the demurrer or motion to strike. The moving party is required to file a declaration with his or her demurrer indicating that a meet and confer occurred, or that Page 4 of 10 the moving party made a good faith attempt to meet and confer and received no response from the other party. C.C.P. §§ 430.41(a)(3). Defendant filed a declaration that stated that he sent a letter to Plaintiff outlining concerns as to the original Complai...

Excerpt: ...quest for attorney's fees. The Court denies the remainder of the motion. * * * The Court shall note one procedural issue: C.C.P. §§ 430.41(a) and 435.5(a) requires that before filing a demurrer or a motion to strike, the moving party must meet and confer in person or by Page 7 of 11 telephone with the party who filed the pleading that is subject to the demurrer or motion to strike. The moving party is required to file a declaration with his or ...

Excerpt: ... action are intentional torts. As such, unless Plaintiff requests oral argument and can articulate facts that would demonstrate viable causes of action, the demurrer is sustained without leave to amend. If Plaintiff can allege facts, the demurrer is sustained with 20 days leave to amend. The Court grants the motion to strike portions of the complaint related to punitive damages, with 20 days leave to amend. The Court grants the motion to strike a...

Excerpt: ...harles Cass (“Plaintiff”) was struck by a vehicle driven by Defendant Douglas Bonilla (“Bonilla”) during the course of his employment by Defendant Lincoln Transportation Services, Inc. (“Lincoln”). Plaintiff alleges that Bonilla was speeding and following too closely at the time of the accident. Plaintiff alleges he suffered serious injuries, including traumatic brain injury and head, neck, back and knee pain as a result of the accide...

Excerpt: ... filed the complaint (the “Complaint”) in this action on June 17, 2020, against defendants Paul Blanco's Good Car Company Inland Empire (“Inland Empire”), Paul Blanco (“Paul”), Putu Blanco (“Putu”) and Jon Balogh (“Balogh”).1 Plaintiff was employed by Inland Empire as a salesperson from August 2016 until his termination on or about March 5, 2019. (Complaint, ¶¶ 20, 34.) Paul and Putu are alleged to be owners, directors, offi...

Excerpt: ...al was performed by Defendant Hla May Latt (“Dr. Latt”). Latt also placed a temporary crown. Plaintiff did not return for a permanent crown until January 2017. The permanent crown was prepared and implanted by moving Defendant Michael C. Oh (“Dr. Oh”). The crown did not fit initially and Plaintiff followed up with Dr. Oh on several occasions. Additionally, Plaintiff asked Dr. Oh to replace silver filling in Teeth Nos. 14, 15, 18 and 19 (�...

Excerpt: ...d by Plaintiff located at 1430 W. Wilson Street in Banning (the “property”). In 2013, Defendant agreed to loan Plaintiff the amount of $55,000 to help finish his construction project on the subject property, with a deed of trust recorded against the property to secure the loan. Plaintiff agreed to issue a grant deed transferring a 5% interest in the property, which he could repurchase from Defendant. Plaintiff alleges he paid off the loan, an...

Excerpt: ...nts Salisbury Group, Inc. (SGI), Lisa Salisbury (Salisbury) and Ivan U. Cisneros. In an underlying suit entitled Barnum v. Aware Self‐Storage Inc (BAC 1300908) alleging ADA violations, Plaintiff told its manager of the property, 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. ...

Excerpt: ... to avoid a ladder on the road and rear ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi‐truck driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) and owned by Defendant Barrillas Trucking, Inc. (“Barrillas”) collided with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Pa...

Excerpt: ...of action. The Court finds that the motion to strike is moot. The Court notes that on 12/1/20, Lake Hemet Municipal Water District also has a demurrer and a motion to strike. Although this Court normally grants a Plaintiff leave to amend 20‐30 days from the hearing date, in order to avoid any confusion, the Court grants Plaintiff 60 days leave to amend. This is only done in order to not have multiple amended complaints; the Court takes no posit...

Excerpt: ...ase No. PSC1606284) and provide him with competent legal services. (Second Amended Complaint (“SAC”), ¶ 14.) On May 23, 2017, the Newport Defendants brought in attorney Christopher Beckom (“Beckom”) to assist in the case, without Plaintiff's knowledge or consent. Plaintiff alleges Beckom was associated with Newport Law. On February 1, 2018, Beckom became lead counsel in the underlying case, without Plaintiff's knowledge or consent. (SAC,...

Excerpt: ...egarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Co...

Excerpt: ...r facts that can overcome these procedural barriers, the demurrer is sustained without leave to amend. Page 3 of 7 The Court sustains the demurrer as to the FEHA claims (4th through 6th causes of action) because Plaintiff fails to allege the wrongful conduct was based on a discriminatory motive or protected activity, however the Court grants Plaintiff 30 days leave to amend. FACTUAL / PROCEDURAL CONTEXT This is an employment discrimination action...

Excerpt: ...s Dennis French (French) and Rick Tarnutzer (Tarnutzer) were general partners in a general partnership known as Laguna Hills Allspace (Laguna Partnership) (collectively, French, Tarnutzer, and the Laguna Partnership are referenced as “defendants”). Plaintiff alleges that defendants owned property in Riverside at 1827 Atlanta Avenue (subject property) at which it performed general contracting work under a written contract for which it was not ...

Excerpt: ...negligence . . . includes the negligent permission of allowing the person responsible for the foregoing acts and/or omissions.” A general demurrer under Code of Civil Procedure section 430.10(a)(e) attacks the complaint for failing to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) A special demurrer, other that subsections (a) & (e...

Excerpt: ...ponding paperwork, the Court shall deny the request for sanctions. On its own motion, the Court notes that there have been prior discovery motions filed in this matter. Thus, the Court orders that before filing a discovery motion that requires a meet‐andconfer declaration, the moving party must first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) FACTUAL / PROCEDURAL CONTEXT This is an underinsured ...

Excerpt: ...acturing aftermarket fuel injection systems for automobiles. In 2016, Farrell was appointed to the positions of President and General Manager for Fitech. (Cross‐complaint, ¶11.) In February of 2017, Fitech and Farrell entered into a contract, entitled External Trade Sales Agreement (“ETSA”), to allow Farrell to independently develop and “market accessories or brands of performance autoparts” during his employment as Fitech's general ma...

Excerpt: ...on paragraph 17(e) as it is immaterial to the Court's ruling. FACTUAL / PROCEDURAL CONTEXT This is a medical malpractice case brought by Plaintiff Sheri Proskow against Defendants Inland Valley Medical Center, Adrian Campo, M.D., and Matthew T. Wilson, M.D., for professional negligence. Plaintiff was admitted to Inland Valley Medical Center's Emergency Department on November 1, 2017. Dr. Campo was the admitting physician who ordered various labor...

Excerpt: ...eceptively induced him to enter into a number of written and oral contracts in an effort to obtain control and custody of his 300 show pigeons. Plaintiff further alleges that Defendants stole and sickened several of the pigeons while failing to adequately pay him for the sale of 130 of the pigeons. Finally, Plaintiff alleges that Defendants converted 30 handpicked pigeons and several widowhood carrying cages. The operative FAC was filed on 3/10/2...

Excerpt: ...ntract and fraud contending that the property where he lives was listed for sale without his knowledge, despite the fact that he made improvements to the property and had an agreement that the property would not be listed for sale and he would have the first right of refusal. After filing the complaint, plaintiff sought the right to record a lis pendens, but the court denied his request. After the denial, plaintiff then obtained counsel, who reco...

Excerpt: ...(the “Complaint”) in this action on March 26, 2019 against defendants Nalin Nanayakkara, M.D., Inc. (“NNMD”) and Nalin Nanayakkara, M.D. (“Dr. Nanayakkara”) (together, “Defendants”). The Complaint arises out of two equipment loans. MonaLisa Touch On June 15, 2016, Plaintiff financed NNMD's purchase of the MonaLisa Touch, a medical device for gynecological use, with a $168,250 loan, as reflected in an Equipment Financing Agreement ...

Excerpt: ...A made no guarantee that the machines were effective.” (Nanayakkara Decl., ¶¶ 3, 5.) Page 7 of 10 The Court overrules the objections made by Plaintiff to the Ruth Declaration and declines to rule on the Larsen's objections to the Pliny Jones Declaration in the original opposition, and the Request for Judicial Notice in the Sur‐Reply as they are immaterial to this Court's decision. The Court shall set a Case Management Conference on January ...

Excerpt: ... 4th and 5th causes of action. The Court grants the motion to strike without leave to amend. Defendants are ordered to file an answer within 30 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Magdai Vences Arellano owns real property in Hemet, subject to a deed of trust. Defendant U.S. Bank is the current beneficiary, and Defendant PHH Mortgage Corporation is the current servicer. On 6/27/18, a notice of default was recorded and on 12/28/18, a notic...

Excerpt: ... 4th and 5th causes of action. The Court grants the motion to strike without leave to amend. Defendants are ordered to file an answer within 30 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Magdai Vences Arellano owns real property in Hemet, subject to a deed of trust. Defendant U.S. Bank is the current beneficiary, and Defendant PHH Mortgage Corporation is the current servicer. On 6/27/18, a notice of default was recorded and on 12/28/18, a notic...

Excerpt: ... employment discrimination case. Plaintiff Jose Aldana (“Plaintiff”) was employed by Defendant Advanced Framing Structures (“Defendant”) from August 2, 2017 through August 16, 2018 as a fulltime carpenter. Plaintiff alleges that he was not paid for all hours worked and Page 9 of 13 was regularly denied rest breaks. In August 2018, Plaintiff experienced back pain and was placed on medical restrictions and medical leave by his physician. Wh...

Excerpt: ...he job while working for BTL. His injury required stiches. After returning to work, the wound became infected and his doctor placed him on a medical leave of absence from 4/25/17 to 5/15/17. When he returned to work, his doctor gave him restrictions. However, even with said restrictions, Plaintiff would have been able to perform his job duties with minimal accommodation. Instead of providing him with a minimal accommodation, BTL subjected him to ...

Excerpt: ...plaint on October 01, 2019, alleging two causes of action: (1) Failure to Secure Payment of Compensation (Lab. Code, §3706) and (2) General Negligence. Defendants now generally demurs to the entire complaint for failure to state a cause of action for each of these claims. Plaintiff alleges in the complaint as follows: Plaintiff has been a general handyman for approximately 15 years, working on mobile homes, plumbing, painting, automotive repairs...

Excerpt: ...trict). Petitioner alleges that he covers political issues in the City of Banning and publishes a blog at www.thebanninginformer.com. He alleges he was informed that Ms. Andrade left employment as a security guard with the District sometime between 2014 and 2016 because she was the perpetrator in an incident involving sexual harassment/misconduct. Petitioner alleges that the information concerning the incident is subject to disclosure under the C...

Excerpt: ...orders that the Parties shall meet and confer. The Court orders that before filing any further discovery motion on these issues the moving party must first request an informal discovery conference (IDC) with the Court. (Code Civ. Proc., §§ 2016.080, subd. (a).). As to sanctions, because further responses were served only after the motion had been served, and no substantial justification exists otherwise, the Court shall award sanctions in the a...

Excerpt: ...motion to strike and both Requests for Judicial Notice from the record due to their inclusion of A.S.' full name and identifying information. Madriaga et al.'s motion to strike, (but not the Luke, Montelongo or Montoya motion to strike) disclosed A.S.'s full name in the motion. Further, both Defendants' request for judicial notice contains sensitive information and identification that names the minor Plaintiff. The Court shall strike these docume...

Excerpt: ...been several discovery motions filed in this matter. Thus, the Court orders that before filing a discovery motion that requires a meet‐andconfer declaration, the moving party must first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) FACTUAL / PROCEDURAL CONTEXT This is a breach of contract action between a former professor at the University of California, Riverside and one of his students that he da...

Excerpt: ...ust first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) FACTUAL / PROCEDURAL CONTEXT Plaintiff Carlton Koontz alleges that on 6/12/16, he purchased a new 2016 RAM 2500 that contained multiple defects. On 5/3/19, Plaintiff filed his complaint against Defendant FCA for (1) breach of implied warranty (Song‐Beverly); (2) breach of express warranty (Song‐Beverly); and (3) negligent repair. By this Mot...

Excerpt: ... a result of the accident, and that he also suffers from “Peripheral Neuropathy, Hypertension, Type 2 Diabetes, Lumbar herniated discs causing foraminal nerve encroachments, medial epicondylitis of the right elbow, and carpometacarpal of the left hand,” among other ailments. Page 5 of 10 Plaintiff now moves for trial preference under CCP § 36(a) and (e) and asks the court to set trial within 120 days of the hearing, arguing that his health i...

Excerpt: ...der cars to obtain better mileage, greater reliability, and overall improved performance. Defendant Farrell operates Hyperfuel, Inc., which also designs and distributes aftermarket performance auto parts. Hyperfuel and FIT compete with one another in the market. In 2014, Farrell was appointed as FIT's General Manager. He held the position until November 2017, when he left the company, after FIT discovered he was working for another aftermarket au...

Excerpt: ...nts.” Factual / Procedural Context: Plaintiff Yi Fu Hwang filed this action against Defendant Cathay Bank, contending that it is improperly trying to foreclose his home. He contends that in 2006, he obtained a HELOC account, where he agreed to pay interest, and would not have to pay capital until 2016. However, in 2014, he was informed that the bank would automatically extend the time to repay the capital by 10 years. In 2016, Defendant refused...

Excerpt: ... amend as to the third, fifth, and sixth causes of action. The Court overrules the demurrer as to the fourth cause of action. The Court sustains the demurrer without leave to amend as to the eighth cause of action. Page 3 of 7 Motion to Strike: The Court grants the motion to strike with 20 days leave to amend with respect to attorney's fees sought against Defendants Coldwell Banker and James Petersen (Comp. ¶¶ 25, 32, 36, 42, 48, 54, 58, 62, an...

Excerpt: ...ering's employee Carlos Guevara. Plaintiff Carlos Holguin contends that as a result of the accident he suffers anxiety, depression, insomnia, headaches and panic attacks. Page 6 of 7 Plaintiff testified that he has sought psychiatric treatment as a result of the accident from Dr. Stephanie Johnson. Dr. Johnson diagnosed Plaintiff as having PTSD, Major Depressive Disorder and Unspecified Neurocognitive Disorder. Defendants bring this Motion to per...

Excerpt: ...rchased a 2014 Dodge Dart (subject vehicle) from defendant Perris Valley AutoCenter (Perris Valley), authorized dealer for the manufacturer, defendant FCA US LLC (FCA) (collectively, FCA and Perris Valley are referenced as “defendants”). Plaintiffs allege that an electronic system in the subject vehicle known as the Totally Integrated Power Module (TIPM), or one similar to it, is the chief component in the distribution of power to various com...

Excerpt: ...), 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). As concerns the present demurrer, Ginsburg alleges that a January 29, 2018, deed of trust (the “DOT”) recorded against the Property reflecting a sale of the Property for $800,000 by Gloria to her ex‐hu...

Excerpt: ... FACTUAL / PROCEDURAL CONTEXT This case involves a multi‐vehicle collision. On March 21, 2018, while driving on the freeway, Plaintiff Janeice Darlene Manthey (“Manthey”) swerved to avoid a ladder on the road and rear ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi‐ truck driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) and owned by...

Excerpt: ...ked as a construction worker for SEMA Construction. On December 2, 2016, Fernando was working on Spruce Street near the junction of the 60 and 91 freeways in Riverside. Fernando was moving Krails1 from one construction yard to another. SEMA contacted Gaspar Transportation, a truck broker, to provide trucks to transports the K‐rails. Gaspar chose Montano Trucking. SEMA also rented a crane and crane operator for Hydraulic Cranes, LLC to load the ...

Excerpt: .../2/19, Defendant Cannady filed his Cross‐Complaint for declaratory relief and comparative indemnity alleging that Jose Salgado was the individual at fault and responsible for any damages to Plaintiffs and that Cannady was not negligent. In the alternative, Cannady alleges that Salgado was contributorily negligent for the damages alleged by Plaintiffs and seeks indemnity from Salgado. By this Motion, Cross‐Defendant Salgado seeks summary judgm...

Excerpt: ...1) wrongful termination in violation of public policy, 2) retaliation against whistle blowing, and 3) UCL violations. Plaintiff seeks an order compelling three of Defendant's employees, Christopher Turner, Don Matthews and Nathan Beyler, to appear for deposition. Plaintiff also seeks sanctions of $4,040 for unnecessarily delaying these depositions. Plaintiff asserts that since December 2019, he has unsuccessfully attempted to schedule these three...

Excerpt: ...ny pickup truck. Plaintiff filed the first action, Long v. McCarty et al. (RIC 1720939) (the “Prior Action”), on November 11, 2017, against McCarty and his employer, Digital Networks Group (“DNG”). Page 6 of 12 McCarty was dismissed from the action without prejudice on May 25, 2018, and the Prior Action proceeded against DNG only. Plaintiff filed the present action, Long v. McCarty (RIC 1901478), on February 13, 2019, against McCarty. The...

Excerpt: ...ssary for Special Interrogatory No. 35. The Court awards sanctions in the amount of $2,500 total for this discovery motions and the prior discovery motion that was continued. FACTUAL / PROCEDURAL CONTEXT This is a lemon law case. On December 26, 2015, Plaintiffs Donald and Connie Deever (“Plaintiffs”) purchased a new 2017 Ford F‐150 (“Subject Vehicle”), which was manufactured and distributed by Defendant Ford Motor Company and sold by D...

Excerpt: ...ainst the County of Los Angeles (“County”) and its subcontractor, Northwest Pipe Company (“NPC”). On April 03, 2017, Minco filed its original complaint against the County only, and later file the First Amended Complaint (“FAC”) on December 11, 2017, including NPC as a defendant, which is the operative complaint. The FAC alleges against NPC the causes of action for (i) Breach of Subcontract, (ii) Breach of Warranty, (iii) Contractual I...