Excerpt: ...operating ag reement that gave Defendant a 100% ownership stake in the dealership despite assurances that it would not change the 50/50 ownership agreement. (TAC ¶ 14 - 16.) Plaintiff further alleges that Defendant knew he suffered from dyslexia and he could deceive him by hiding language deep in the agreement (TAC ¶ 16.) Plaintiff alleges that by the time he realized the deception, it was already too late as Defendant had taken title to all of...

Excerpt: ...of harassment by Plai ntiff, which the court ruled in Defendant's favor. (Compl. 1.) Plaintiff alleges that the instant action was filed “as a result of [Defendant's] allegations [in the harassment claim] and the recovered damages collected as a result of the [San Bernardino co urt's] ruling in her favor . . . .” (Id.) On February 26, 2024, Defendant filed a Special Motion to Strike pursuant to CCP § 425.16 on the grounds that Plaintiff's ...

Excerpt: ...ntiffs Myeasha Ki mble and William Hillard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its employee/agent, Edkpeju Ed E -Nunu (“E -Nunu”), allegedly orchestrated the hazing and receive...

Excerpt: ...ey Middle Sc hool Modernization, Phase 3B, Increment 2, New Classroom Buildings BP 15 HVAC” (Project). Plaintiff alleges that the District breached its contract in numerous ways (e.g., failing to timely pay for work performed, failing to execute valid change order requ ests.) Plaintiff filed its Complaint on 12/21/22 alleging a single cause of action for breach of contract. On 1/16/24, the District filed a Cross- Complaint alleging two causes...

Excerpt: ...n of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiff alleges that on October 17, 2021, he purchased a 2021 Forest River Puma (the “RV”) from Beaumont RV. (Complaint at ¶ 4.) In connection with the sale, Forest River provided an express limited warran ty on the RV. (Complaint at ¶ 5.) Beaumont RV sold the RV to Plaintiff with defects in materials and workmanship. (Complaint at ¶ 7.) During th...

Excerpt: ... are prop erly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs lack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counsel...

Excerpt: ... On September 6, 20 23, Defendant moved for summary judgment on the grounds that there were no triable issues of material fact that Defendant did not create any hazard that caused Plaintiff's fall or that they had a reasonable time to discover and correct any hazard. On November 17, 2023, Defendant filed a notice of non- opposition. On November 20, 2023, Plaintiff filed an ex parte application, seeking relief under CCP § 437c(h) for continuanc...

Excerpt: ...ilure to provide rea sonable accommodations in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent retaliation and/or harassment in violation of FEHA; (6) whistleblower retaliation; (7) wrongful termination in violation of public policy; (8) constru ctive discharge; (9) failure to indemnify; and (10) unfair business practices. In the Complaint, Plaintiff alleges that in 2004, she was hired by Defendant as an administra...

Excerpt: ... the Subject Vehicle. Plaintiff alleges that during the warranty period, the Subject Vehicle developed several defects and nonconformities to warranty, which Defendant was unable to repair after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle in violation of the Song Beverly Consumer Warranties Act (“Song Beverly Act”). On August 22, 2023, Plaintiff filed a Complaint, alleging (1) B...

Excerpt: ...n the campaign. Bennett is a busi ness representative and lawyer for International Brotherhood of Electrical Workers, Local 47 (“Local 47”). Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint on 4/20/22. After the court sustained in part Defendant Local 47's demu r r e r, Plaintiff filed the Second Amended Complaint (“SAC”) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online im...

Excerpt: ...�led its Com plaint on 7/13/22 alleging a single cause of action for subrogation. *** Defendant, Rachelle Stanisci, brings this motion to set aside the default entered against her on 6/16/23, and to vacate the default judgment entered on 12/6/23 so, she can file an ans w e r, a n d defend the action. Defendant asserts that proper service was not made on her as the service address was wrong so, the default judgment is void. (CCP § 473(d).) The m...

Excerpt: ...ning of September 15, 2018. Tyler was taken to the hospital where he died the next day. Plaintiffs Myesha Kimble and William Hilliard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured variou s forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its emplo...

Excerpt: ...legations we re discovered; and (4) The reasons why the request for amendment was not made earlier. Here, the supporting Picozzi Decl. states the effect of the amendment (without using those words) in ¶1. Mr. Picozzi declares that the amendment is necessary and prop er to allow Plaintiff to present all remedies available for damages alleged in the original complaint arising from Defendant's wrongful acts related to the subject matter of this act...

Excerpt: ...rking on the roof o f a commercial building located at 3777 Mission Avenue, Riverside, California (the “Property”). The roof of the Property was covered with waterproof paper and there were no signs or anything else indicating it was a hazard zone. (Complaint at ¶¶ GN -1, Prem .L.1.) Defendants negligently owned, maintained, and operated the Property, and willfully and/or maliciously failed to warn of the dangerous condition. (Complaint at ...

Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...

Excerpt: ... are prope rly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs l ack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counse...

Excerpt: ... Inc. (“Defendant” or “Tilly's”) sale of a 2017 Axis A22 boat with a motor and a trailer (the “Subject Boat”) to ANTHONY MAI (“Mai”). Plaintiff, Bank of the West (“Plaintiff” or “BMO”), alleges that on 6/22/16, Defendant Tilly's submitted its application to do business with the Plaintiff BMO under a written Master NonRecourse Dealer Installment Sale Contract Agreement- Marine (“Dealer Contract”), which was approved/acc...

Excerpt: ... and 128.7, seeking t he complaint be stricken and monetary sanctions in the amount of $4,922.00 be awarded, for Plaintiff improperly bringing a complaint that lacks evidentiary support and asserting frivolous legal contentions. It asserts that Plaintiff tripped and fell over a gas hose that she placed into her vehicle herself. Costco contends that Plaintiff created the situation and had full knowledge that the hose was there and made the decisio...

Excerpt: ...nce per se. On May 2 2, 2023, Plaintiffs Johnna Burnett and James David Burnett (“Burnett Plaintiffs”) filed their initial Complaint against Defendant, alleging negligence and negligence per se. On October 3, 2023, Koziel Plaintiffs filed their First Amended Complaint (“FAC”) alleging the same two causes of action. That same day, Burnett Plaintiffs also filed their FAC alleging the same two causes of action. On November 6, 2023, Defend...

Excerpt: ...ly. Grant t he motion to quash in its entirety to the subpoena propounded on UBS. Deny both parties requests for sanctions. Portero Commercial, LLC (“Portero”) owns undeveloped property in Riverside County. It began improving the property in 2005. It planned on c onstructing residential, commercial, and industrial spaces on the property. In 2018, Portero entered into a loan agreement with Southland Equities, LLC (“SEQ”). The loan was to m...

Excerpt: ...nt on 10/26/23. On 12/1/23, Defendant filed a memorandum of costs for $11,002.21. Plaintiffs move to tax costs as to filing fees ($1,092.45), deposition ($120), witness fees ($394.40), court reporter charges ($848.06), and other charges ($4,404.60), contending that t hey are unreasonable and unnecessary. They contend that the receipts are not itemized or are vaguely labeled. Defendants oppose the motion contending the costs for filing, exhibit...

Excerpt: ... bins at 9:30 p.m. on 3/7/21 where he opened the trash bin gate, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defenda nts, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premise...

Excerpt: ...eaning of hazardous material (“Haz Mat”) that was never requested, authorized, performed or necessary. Page 4 of 7 On October 5, 2023, Plaintiffs filed this qui tam action alleging Defendants violated Penal Code, § 550 and Insurance Code §  1871.7 (Insurance Frauds Prevention Act). *** Defendant Fire Recovery USA, LLC (“ Fire Recovery”) now demurs to the complaint arguing it fails to state facts sufficient to constitute a cause of ac...

Excerpt: ...On September 20, 2 022, Plaintiff filed his Judicial Council form complaint alleging two causes of action: 1) premises liability; and 2) general negligence. *** Defendants now demur to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action and is uncertain. (C.C.P., § 430.10(e), (f).) Defendants argue Plaintiff alleges “Defendants paid Plaintiff to execute a task on their premises which they knew or sh...

Excerpt: ...Michael Dacolias (the “E state”) for purposes of keeping the business of ERC afloat and running. In July of 2023, Karl Anderson was appointed as the General Administrator of the Estate. On September 19, 2023, Plaintiffs filed a Complaint against Defendants Karl Anderson in his capacity as Administrator of the Estate of Michael James Dacolias; ERC; Richard Neate; and Linda Neate aka Linda Wirsig. The Complaint alleges causes of action for: (...