Excerpt: ... sanctions against the attorney as the Court does not find that counsel advised sanctionable conduct. (Ghanooni v. Super Shuttle (1993) 20 Cal. App. 4th 256, 261.) Factual / Procedural Context: This is an action against General Motors LLC (GM). Plaintiff complains the 2019 Buick Enclave she bought is defective and has not been repaired. The 12/3/21 complaint pleads two causes of action under the Song‐Beverly Act. Plaintiff served RFPs on 6/14/2...

Excerpt: ...t. Page 4 of 5 This case has a complicated procedural history. The court granted Burlington's motion for judgment on the pleadings, finding that there was no coverage. However, the court of appeals reversed, finding that there was a potential of coverage if a lawsuit was filed in the U.S. (“Planet Bingo I.”) Thereafter, AIG (Leisure's insurer), upon Planet Bingo's prodding, sued Planet Bingo in the U.S. Burlington settled with AIG for the pol...

Excerpt: ...f 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 Harvey (“Maricel”) by Defendant ABC Foster Family Agency (“ABC”). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulted and molested by Curtis, as well as Defendant Rey Lucero (“Lucero”), who was another foster care minor ...

Excerpt: ...ls; 3. The Court orders Plaintiff to immediately dismiss this action against Defendants with prejudice. Factual / Procedural Context: This is a specific performance case arising out of a real estate contract for the sale of certain property. Plaintiff filed this action for specific performance on January 16, 2019, based on the alleged breach of contract by Curtis Shaver to sell his residential property to Plaintiff. After the sale to Plaintiff wa...

Excerpt: ...trolled by Defendants Frouad Francis, Nevart Ohanian, and Symmetry the Caulking Company, Inc., where Plaintiffs were residing (“Premises”). On July 3, 2021, Plaintiff Eulalia Santiago Perez (“Eulalia”) attempted to exit the Premises via a gate on the Premises, when the gate fell on top of her, crushing her and resulting in serious personal injuries and other damages (the “Incident”). At the time of the Incident, Eulalia's mother, Plai...

Excerpt: ...rior small claims case) and (2) the existence of events and rulings that took place in the small claims case. (Evid. Code 452(d), 453.) Factual / Procedural Context This lawsuit arises from an automobile accident in which plaintiff Octavio Ortega (Mr. Ortega”) allegedly sustained personal injuries and property damage to his vehicle. Several months after the accident, Mr. Ortega filed a small claims court action against the other driver, Hafed F...

Excerpt: ...e unopposed Motion to compel further responses to Special Interrogatories (“SROG”). Plaintiff is ordered to serve verified further responses within 20 days of the order. Factual / Procedural Context: Defendant Kia America, Inc. brings three motions to compel further responses to written discovery requests, namely its first sets of Request for Production of Documents (“RFP”), Form Interrogatories (“FROG”), and Special Interrogatories (...

Excerpt: ... Chen Tentative Ruling: The Court grants Plaintiff GKT CORONA HILLS TMI, L.L.C. and GKT CORONA HILLS LW, L.L.C.'s 3 (“Plaintiffs”) Motion for Summary Judgment as to Defendants Xue Jiao Chen and Zen Yue Tin. Plaintiffs are awarded $731,012.78. The Court grants Plaintiff GKT CORONA HILLS TMI, L.L.C. and GKT CORONA HILLS LW, L.L.C.'s 3 (“Plaintiffs”) Motion for Summary Judgment as to Defendant Jia Yong Chen. Plaintiffs are awarded $731,012.7...

Excerpt: ... Vista del Lago High School (“High School”) in the Moreno Valley Unified School District (“defendant” or “District”) at the time of the alleged sexual battery by another minor student, J.M., who also attended the High School. Plaintiff alleges that she was at the time of the events described in the complaint in the High School's special needs 1 Notably, while not binding on this Court, federal courts considering Felisilda, have overwh...

Excerpt: ...laint”) in this action on June 8, 2022 against defendant Nissan North America, Inc. (“Nissan”). On March 8, 2018, Plaintiff purchased a new 2018 Nissan Sentra (the “Vehicle”), which was backed by express warranties. (Complaint, ¶¶ 8‐9.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that the Vehicle developed other defects and nonconformities within the warranty period – i...

Excerpt: ...nd Cassandra Churchill (collectively “Churchills”) via a short sale. The property was encumbered with two secured loans. The first was for $481,500.00 from BNC Mortgage, Inc. (“first loan”) and the second for $45,000.00 from GMAC Mortgage Corporation dba ditech.com (“GMAC”) (“second loan”). Plaintiff alleges that as part of the short sale negotiations, Plaintiff and the Churchills negotiated a $20,000.00 payout to satisfy the seco...

Excerpt: ... this action against multiple defendants, including Defendant Church of Jesus Christ of Latter‐Day Saints (the “Church”) for their alleged involvement in the alleged sexual assault. On September 3, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”), alleging (1) negligence, (2) negligence – assumed duty, (3) sexual abuse, and (4) intentional infliction of emotional distress (“IIED”). Plaintiff alleges that she wa...

Excerpt: ...efendant”). Plaintiff alleges that Defendant failed to meet her payment obligations under a student loan. The FAC sets forth a single cause of action for breach of contract. Plaintiff seeks to recover the principal balance of $55,053.82, plus interest, late charges and attorney fees and costs. Defendant now demurs to the Complaint and argues that Plaintiff has no standing to collect the debt because it was not properly licensed as a debt collec...

Excerpt: ... subpoena to: 1. Any account statements issued by East West Bank accounts during the RELEVANT PERIOD for any bank accounts held by LEGEND, including but not limited to monthly statements, ledgers, profit and loss statements, revenue statements, account summaries, and/or any other documents that refer to or memorialize the deposit, transfer, withdrawal, or wiring of funds to and from the accounts, including any payee, beneficiary, cosignee, or col...

Excerpt: ...d set of Specially Prepared Interrogatories (“SROGs”) on Plaintiff. (Lal Decl. ¶ 2, Ex. A.) Plaintiff's responses to this discovery was due by August 13, 2022. (Id. at ¶ 3.) On August 17, 2022, after Plaintiff failed to respond by the deadline, Defendants sent a meet and confer letter, asking Plaintiff to provide complete and verified responses to all outstanding discovery requests, without objections. (Id. at ¶ 4, Ex. C.) On August 25, 20...

Excerpt: ...tia and need for assistance with all activities of daily living. (Compl. ¶ 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's residency at The Gardens, she died after being permitted to wander into the outdoor courtyard area, unsupervised, in blistering heat conditions. (Id. at ¶¶ 28–51.) The cause of her death was determined to be environmental heat exposure. (Id. at ¶ 48.) On March 2, 2022, Plaintiffs filed a Complaint a...

Excerpt: ...d Employment Form Interrogatories (Set One). Said responses to each motion shall be served within 20 days. Monetary sanctions are imposed against Defendant in the amount of $1,275.00 for each motion. Said sanctions to be paid in 60 days. Factual / Procedural Context: Plaintiff Claudia German alleges Defendants La Floure, LLC and Joe DiBenedetto employed her as a prep chef and cashier. After Plaintiff became pregnant and could no longer lift heavy...

Excerpt: ...Permit or Conditional Use Permit (CUP). One exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obtained a General Plan Amendment. A meeting occurred between Plaintiff and Merrill, but no change occurred. Plaintiff filed this action on 8/5/19. After the Court granted in ...

Excerpt: ...red to meet and confer regarding the deficiencies in the responses and file a motion it compel supplemental responses to any discovery still at issue. However, if the meet and confer efforts are not successful, the Court invites the parties to contact the Court Clerk to schedule an Informal Discovery Conference, (IDC) to be conducted by Zoom, prior to filing another motion. Factual / Procedural Context Plaintiff alleges on 9/13/21, she was attack...

Excerpt: ...ny relief under the Song‐Beverly Act as required. (Compl. ¶ 19; Lopez Decl. ¶ 2.) On August 16, 2021, Plaintiffs filed a Complaint against Defendants FCA and Moss Bros. CJD, Inc., alleging (1) breach of express warranty— violation of Song‐Beverly Act, (2) breach of implied warranty—violation of Song‐Beverly Act; (3) violation of Song‐Beverly Act § 1793.2; and (4) negligent repair. On July 19, 2022, Plaintiffs moved to compel furthe...

Excerpt: ...grandparents may be present, but not interviewed, during the examination. The Motion to Compel Further Responses to Special Interrogatories is granted in its entirety. The request for sanctions is denied. Factual / Procedural Context: X.H. (“Plaintiff”) was a minor and student at Vista del Lago High School (“High School”) in the Moreno Valley Unified School District (“defendant” or “District”) at the time of the alleged sexual bat...

Excerpt: ...d William Youngblood Insurance Agency to procure liability insurance coverage, who recommended and procured insurance through Defendant The Burlington Insurance Company. Plaintiff had a distribution agreement with nonparty Leisure Electronics, LTD, a UK company, and it agreed to indemnify Leisure. Leisure leased the PHDs to Beacon Bingo, who subsequently suffered fire losses due to a PHD battery. Beacon made a claim against Leisure, who subsequen...

Excerpt: ...eatment after a pregnancy and then testing Covid‐positive. The 11/23/21 complaint pleads 6 causes of action under the Fair Employment and Housing Act (FEHA), retaliation under Labor Code section 1102.5, wrongful termination in violation of public policy, and failure to pay overtime. The moving party, Kamran Staffing, Inc. (Kamran), answered on 1/13/22. Two other defendants, White Horse Logistics and Transportation, Inc., and GCE International, ...

Excerpt: ...Forman (Plaintiff) entered into a warranty contract for a 2019 Chevrolet Bolt (“subject vehicle”) manufactured by Defendant General Motors, LLC. (FAC ¶ 6.) Plaintiff alleges that the subject vehicle was delivered with serious battery defects that Defendant was aware of and failed to disclose. (FAC ¶¶ 21‐39.) Plaintiff provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle. (FAC ¶ 39.) Plaint...

Excerpt: ...used its discretion when it denied Plaintiffs' request that the Court issue a written Statement of Decision per CCP section 632. Plaintiff has also complained that the Plaintiffs were prevented from having a fair trial, and that in so doing that the Court abused its discretion in both the denial of issuing a Statement of Decision and in its ruling for Judgment for the Defendant. For the reasons stated below, the Court denies the motion for a new ...

Excerpt: ...ess, Petitioner was required to write each subcontractor's name, license number, and work scope on a subcontractor list for each and every subcontractor who would perform work valued at more than .5% of the contract value. This information was provided to comply with the California Subletting and Subcontracting Fair Practices Act (“Listing Law”). Years after the bid and original subcontract list was provided by Petitioner, the Respondent rais...

Excerpt: ...ussed in Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2018), § 8:2145 et seq., once a party or witness has been ordered to attend a deposition, or to answer discovery, or to produce documents, more severe sanctions are available for continued refusal to make discovery (e.g., CCP §2030.300(c), §2031.310(i)). CCP §2023.010(g) makes “disobeying” a court order to provide discovery a misuse of the discovery p...

Excerpt: ...NSES TO REQUEST FOR ADMISSIONS SET TWO BY X.H. Tentative Ruling: Page 8 of 14 The Motion to Compel Further Responses to RFP is granted as to 42 and 43 and denied as to 31, 32, 46, 48, 49, 51, 54‐61. The Motion to Compel Further Responses to Special Interrogatories is granted in its entirety. The Motion to Compel Further Responses to RFA should be granted as to 2, 6, 7, 12, 14, 17 and 26 and denied as to RFAs 5, 8, 9, 10, 11, 15, 18, 20, and 25....

Excerpt: ...efendants Elena R. Summerlin, P.A. and Todd C. Hanna, M.D. The Court denies/overrules Defendants' evidentiary objections. Factual / Procedural Context: This is a medical malpractice action filed against various medical professionals who treated Plaintiff. As to the Moving Defendants, Plaintiff alleges a failure to properly diagnose a spinal abscess and for causing a delay in the proper diagnosis that resulted in worsening of the condition. Plaint...

Excerpt: ... of promissory notes. Plaintiff Mohtasham Shalikar and Defendant Mohammad Shalikar are brothers and co‐own several real estate properties together. Apart from properties they own together, Defendant, Mohammad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust,...

Excerpt: ...hich trailer was manufactured and distributed by defendant Thor Motor Coach, Inc. dba Jayco, Inc. (“Jayco”). Plaintiff alleges the trailer was defectively manufactured, designed and/or assembled relating to the main function of the trailer, along with mechanical and battery charging issues, and that Defendants were unable to fix the defects despite numerous attempts. Plaintiff alleges the trailer has been out of service to Plaintiff for at le...

Excerpt: ...ka Reynaldo Galloway aka Ronaldo Galloway (“defendant” or “Galloway”) reduced her potential inheritance when he transported her then‐elderly father (Solomon Galloway Jr.—now deceased), who had been adjudged legally incompetent at the time, to a third party to create a fraudulent trust (“Trust”). Plaintiff alleges her father was unaware that he was signing a trust naming defendant as the trustor. Plaintiff alleges that when her fat...

Excerpt: ...Second Street‐LLC and American R.V. and Boat Storage (“defendants), as well as defendant Richard Fell dba Fell Capital Management (“Fell”). The complaint states two causes of action: 1. Violation of Page 3 of 6 the California Self‐Service Storage Facility Act; 2. Violation of Business and Professions Code section 17200. Plaintiffs filed Proofs of Service on 8/17/20, indicating that each of the defendants had been served by personal serv...

Excerpt: ...ons. Procedural History The instant action arises out of a car accident. Joshua Gonzales (“Joshua”) owns a Tesla X that was being driven by Michael Ulloa (“Michael”). Maryann Reina (“Maryann”) owns a Lexus IS 250, which was being driven by Melissa Reina (“Melissa”). At the time of the accident, Michael and Melissa were in a relationship. Joshua alleges Maryann and Melissa rear‐ended his vehicle, which caused him to lose use of t...

Excerpt: ...nt and argues otherwise, the Court shall continue this trial to March 3, 2023, at 8:30 am in Dept 3. The Court grants Plaintiff's request for judicial notice. Factual / Procedural Context: The operative pleading is the Second Amended Complaint (SAC) filed on 4/30/19 for: (1) declaratory relief; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) professional negligence; and (5) breach of oral contract. T...

Excerpt: ...Dodge Chrysler Jeep Ram (“Dealership”). The Subject Vehicle was manufactured and/or distributed by Defendant FCA US, LLC (“Defendant” or “FCA”). Plaintiff received various warranties, including a 3‐year/36,000 miles bumper to bumper express warranty and a 5‐year/100,000 miles express powertrain warranty, which covers the engine and transmission. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonco...

Excerpt: ...nied by an exclusion form that the class member may use. The order shall provide that any exclusion form shall be submitted to the settlement administrator rather than filed with the court. The order shall not require the class member to send copies of the exclusion form to counsel, but may require the settlement administrator to do so. The order shall provide that the settlement administrator shall file a declaration concurrently with the filing...

Excerpt: ...greement”) with Defendant Bedazzling Beaumont, LLC (“Bedazzling”) and its owner, Reid Bradley (“Bradley”) (collectively “Defendants”), whereby Plaintiff agreed to purchase, and Bedazzling agreed to sell a fitness facility called Anytime Fitness (“Anytime” or “Gym”). Plaintiff alleges Defendants knew that Planet Fitness, a national chain that operates thousands of gyms, intended to open a Planet Fitness across the street from...

Excerpt: ...he was subjected to years of rape and molestation by her stepfather, Defendant Richard Fitzgerald (“Fitzgerald”). She 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. She alleges that she suffered genital mutilation from the abuse. (Trepanier Decl. ¶ 12, Ex. D.) She also ...

Excerpt: ...y Hills Plaza, LLC (“Cherry Hills”). Plaintiffs contend that on 6/24/20, they attempted to exercise their right to inspect the books and records of Cherry Hills as set forth in the Operative Operating Agreement and Corporations Code §§ 17704.10 and 17701.13. Cherry Hills' manager, Stephen M. Tapley (“Tapley”) (who is also a shareholder), has allegedly failed to comply with this request. Tapley has also called a special meeting to vote o...

Excerpt: ...l Medical Center (“CRMC”). Plaintiff is a physician on the Medical Staff at CRMC (the “Medical Staff”). The Medical Staff is governed by the Medical Staff Bylaws (“Bylaws”). (Defs.' Separate Statement of Undisputed Material Fact [“DSSUMF”] ¶ 7.) Under the Bylaws, the Medical Executive Committee (“MEC”) is responsible for overseeing the Medical Staff. (Id. at ¶ 1.) Plaintiff was allegedly involved in various altercations with...

Excerpt: ...he aftermarket filters that they produced. Plaintiff believes that Defendant's intention with these false statements is to cause California consumers to stop purchasing Plaintiff's air filters, and instead purchase Defendant's replacement air filters, enticed by the false representations. The operative pleading is the first amended complaint, which followed the Defendant's original demurrer. Like the prior complaint, the FAC also asserts one caus...

Excerpt: ... the driver working through the Lyft app, picked her up, drove her to a place several miles away from her intended destination, and “engaged in sexual intercourse with her at a time when she was intoxicated and had no capacity to consent.” (FAC, ¶8.) The First Amended Complaint alleges causes of action for (1) sexual battery (against Lyft and Soliman); (2) civil battery (against Lyft and Soliman); (3) intentional infliction of emotional dist...

Excerpt: ...CCP § 426.16 in the amount of $16,650.00 and costs of $151.11. Factual / Procedural Context: Now before the Court are two separate fee motions filed by Cross‐Defendants after prevailing on their respective anti‐SLAPP motions. The original underlying action is for wrongful termination based on various alleged violations of the California Fair Employment and Housing Act (“FEHA”) and the Labor Code. Plaintiff/ CrossDefendant Claudia German ...

Excerpt: ...errogatories, set one and Form Interrogatories, Employment Law, set One, and the motion to compel RCOE to respond to Requests for Production of Documents, set one. Said responses shall be served, without objections, within 10 calendar days. For the reasons stated below, the Court denies Plaintiff's request for sanctions. Facts/Procedure This is an employment discrimination action. Plaintiff propounded form interrogatories, set one, form interroga...

Excerpt: ...all be taken off calendar due to the proposed amendment, but the Court orders the parties to appear to discuss future dates. Factual / Procedural Context: Plaintiff Rosalie Jones filed this action regarding a used 2013 Chrysler 300 that contained defects to the powertrain (engine/transmission) and electrical system. The complaint, filed on 5/27/21, asserts: (1) Civil Code §1793.2(d); (2) Civil Code §1793.2(b); (3) Civil Code §1793.2(a)(3); (4)...

Excerpt: ...guez, 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 is owned and/or managed by Defendants Group V. San Bernardino and Pama Management, Inc. (“Defendants”), as well as Co‐Defendant Pro Management Company, Inc. dba Pro Management Company XIV, Inc. Plaintiffs allege that the Property is mainta...

Excerpt: ...on 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, where lead care was designated to Defendant David Fukada, M.D. Decedent had run out of Xarelto, but Defendants had failed to deliver it and decedent ultimately suffered a massive stroke, and ultimately died. Plaintiff file...

Excerpt: ...ff submit a declaration and evidence verifying the amount of attorney fees and costs; the Defendant shall be permitted to provide a written response. The Court orders the parties to appear to discuss a future date. Facts/Procedure On 11/02/21, the Court issued a written ruling on Plaintiff's motion for summary adjudication as to Plaintiff Espinoza against Defendant Leslie Frias. The Court ruled in favor of Plaintiff on Plaintiff's first cause of ...

Excerpt: ...ithin 30 days, to be taken by Zoom or other similar remote method. The Court denies the request for monetary sanctions. The Court grants the motion to deem matters admitted as to Defendant Request for Admissions, set two. The Court denies Defendant's request for monetary sanctions. Factual / Procedural Context: Plaintiff Joseph O. is a minor and has been diagnosed with autism, schizophrenia, and bi‐polar disorder. Plaintiff takes medication to ...