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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...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 ...