Excerpt: ...��cant delay, other parties to the action may be prejudiced by the withdrawal. Accordingly, more information is needed to determine whether the breakdown of the attorneyclient relationship is irreconcilable. The request for in camera hearing is granted. 2. CVRI2000489 CORONA COMMUNITY VILLAS INC vs CORONA POST ACUTE LLC Motion to Compel Tentative Ruling: Plaintiff Corona Community Villas (“Plaintiff” or “CCV”) is the successor -in -intere...

Excerpt: ...(“Defendant”). (Compl. ¶ 6 –7, 12; Kaneko Decl. ¶ 5, Ex. 4.) The Sales Contract included an “Arbitration Provision” which provides, in relevant part as follows: 1. Either you or we may choose to have any dispute between us decided by arbitration and not in court or by jury trial. . . . Any claim or dispute, whether in contract, tort, statute or otherwise . . . between you and us . . . which arises out of or relates to your credit appl...

Excerpt: ...ation: (1) the first and second causes of action based on the report to the California Department of Justice; and (2) the first and second causes of action based on the entry on the County's JIMS website. As to the first issue, Defendant County met its burden of producing evidence demonstrating a complete defense based on the absolute and qualified privilege under Civil Code section 47, subdivisions (b) and (c). Once the burden shifted, Plain...

Excerpt: ...ed a ne w 2022 Ford F-150 from Fritts Ford. (Complaint, ¶ 13.) Plaintiffs allege that, the subject vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty includi ng, “screen blacking out, the speakers not working, a crackling noise coming from the passenger speakers, the Vehicle veering side to side when in cruise control, the rear axle hub br...

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: ... 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: ...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: ...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: ... 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: ...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: ...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: (...

Excerpt: ... § 17200. In the Complaint, Plaintiff alleges that on February 15, 2009, Defendant purchased the property located at 16749 Cresent Glen Court, Riverside, California (the “Riverside Property”), and the parties agreed that Defendant would transfer title to the Riverside Property to Plaintiff in 2022, when she graduated medical school. (Complaint at ¶¶ 7, 9.) At the time of purchase, Plaintiff paid $100,000 toward the down payment on the Rive...

Excerpt: ...Ayala Flores (“Mr. A yala” per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC (“E AN”), the owner of the rented vehicle (a Ford Fusion). EAN Holdings has requested that the Court rule on its Motion in Limine No. 1 regarding the standard of care of...

Excerpt: ...fication inspection on the sub ject vehicle and advertised the vehicle for sale as “certified. (Id., ¶¶ 6, 7.) The vehicle came with Defendant's 90 -day or 4,000 miles express warranty. (Id., ¶ 13.) At the time of sale, Defendant's employee Daniel Lomeli (“Lomeli”) gave Plaintiff the Cer tified Inspection Report, which stated that the air conditioning system had been thoroughly inspected, that the evaporator met Defendant's standards ...

Excerpt: ...as shopping at Defendant 's store when she tripped on an unmarked and/or unsecured lumber and/or similar item on a cart, causing her to fall and sustain injuries. (Compl. ¶ 8.) On December 28, 2021, Defendant filed its Answer, denying each and every allegation in the Complaint an d asserting affirmative defenses based on the fact that Plaintiff's injuries/damages were caused by the negligence and fault of someone other than Defendant, and the c...

Excerpt: ...est in the property to Gerardo and Manuel by Interspousal Transfer Grant Deeds. Nonetheless, it is alleged that Maria made regular payments until February of 2021 when, due to a third party's fraudulent actions, her bank account used to make payments was frozen for four months. She continued to make payments using money orders, but Defendants claimed they did not receive them and initiated foreclosure proceedings. Plaintiff requested a loan modi�...

Excerpt: ...ors-in -interest to Joseph Thomas Tracy IIV (“Decedent”) filed the operative third amended complaint (“TAC”) on November 9, 2023 against defendant the City of Riverside, the City of Hemet, Hemet Police Department Sergeant Paez #10459 (“Sergeant Paez”) and Riverside Police Department Detective Kerr #1697 (“Detective Kerr”) (collectively, “Defendants”). Plaintiffs allege that on January 18, 2022. On January 18, 2022, Decedent w...

Excerpt: ...ave been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an “absent homeowner or occupant” as he has been providing care to his paraplegic wife. Plaintiff alleg es he and Edward R. Cardoos1 and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...

Excerpt: ...ted a dangerous condi tion by failing to post any warning signs while performing repairs on a City sidewalk. It alleged that Plaintiff tripped and fell at the site of the unmarked location where the repairs were being undertaken, sustaining physical injuries. After the Court s ustained the City's demurrer to the Complaint, Plaintiff filed her First Amended Complaint (“FAC”) on November 9, 2022, alleging the same cause of action against the C...

Excerpt: ...as sold with a 3-year/36,000-mile basic coverage warranty and a 5 - year/60,000- mile powertrain warranty. Plaintiffs allege that during the warranty period, the Subject Vehicle developed nonconformities, including issues with defective Hydra -Matic 8L90 transmission, which causes the ve hicle to hesitate or jerk or judder when attempting to accelerate (“Transmission Defect”). Plaintiffs delivered the Subject Vehicles to authorized repair fac...

Excerpt: ...azard. On 1/17/24, Plainti
¯ Þled an ex parte application for relief under CCP §437c(h) for a continuance of this scheduled hearing to allow Plainti
¯ to conduct additional discovery. Plainti
¯ asserted it is waiting on completing the deposition of a PMK and production of records necessary to opposing the motion. On 1/19/24, this court denied the application, noting that “there has been previous continuances of the Motion for Summary Judgm...

Excerpt: ...��) (collectively “Balcor Defendants”) allegedly breached a purchase and sales agreement (“PSA”) by unilaterally canceling it and refusing to sell the Property to Plainti
¯. Shortly after the PSA was cancelled, Balcor Defendants relisted the property for sale, and Defendants PaciÞc Homes at Magnolia LLC (“PaciÞc Homes”), Reed Street LLC (“Reed Street”) and Dean Cook (“Cook”) purchased it. Plainti
¯ alleges that as a result...

Excerpt: ...in Plainti
¯ and Defendant Bing Dai (“Defendant Bing Dai”) lived and owned as marital property. According to Plainti
¯, the Eastvale Property was not subject to the martial dissolution, and on or about June 8, 2017, Plainti
¯ obtained a judgment against Defendant Bing Dai in the amount of approximately $300,000.00 for unpaid marital dissolution settlement funds. Since obtaining the Judgment, Defendant has transferred assets and other valua...

Excerpt: ...aint, Plainti
¯s seek dissolution of a partnership that was created between the parties on January 1, 1999, to manage the Oak Crest Ranch (the “partnership”). Plainti
¯s allege dissolution is proper because of Defendant M. William Tildens improper unilateral control of the partnership, and denial of Plainti
¯s access to the partnerships books, reports, and records. (Complaint at ¶¶ 9-10, 19-27, 34-35.) On January 3, 2022, Defendants �...

Excerpt: ...as Gomez (“Gomez”), who was driving in the scope of his employment with Defendants Jat Trucking (“Jat”) 50 60 Heaven (“Heaven”) and/or Fedex Ground Package Systems, Inc. (“Fedex”). Plainti
¯s allege that Gomez was driving negligently at the time of the incident. Decedents parents Plainti
¯s Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg (“Plainti
¯s”) Þled their Complaint on M...

Excerpt: ... a registered security and Þnancial asset, such that there could be no securitization o the asset The complaint, Þled 11/21/23, asserts: (1) wrongul oreclosure (Civil Code §29235); (2) violation o the FDCPA; (3) violation o TILA; (4) breach o contract; (5) violation o ederal trust and lien laws; (6) slander o title; (7) slander o credit; and (8) inßiction o emotional distress Deendants contend that Catamount Properties purchase...

Excerpt: ...alleges that Defendant then presented an amended operating agreement that gave Defendant a 100% ownership stake in the dealership Plainti
¯ was surprised and disappointed about his loss of control to A& Y Enterprises LLC but felt compelled to sign the Amended agreement as Defendant Ihmud was strongly insistent and tried to give Plainti
¯ the impression that the additional provision had no bearing on their business relationship Nevertheless, p...

Excerpt: ...hich Plainti
¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti
¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...

Excerpt: ... sustains the objections to the declarations of Pablo and Dyman. The objections to the exhibits to the verified complaint are overruled. In reply, Pablo submitted evidentiary objections, which the court overrules as irrelevant since Pablo did not meet his initial burden. II. Standard "Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion." (Jessen v. Keystone...

Excerpt: ...laint, filed 6/28/23, asserts: (1) motor vehicle negligence; (2) general negligence; (3) respondeat superior; and (4) negligent hiring/retention. Defendants uber, Raiser and Raiser-CA move to compel arbitration pursuant to the Terms of Use, which contains an arbitration agreement. They point out that ADR Services is the designated arbitrator and has exclusive authority to determine the threshold questions of arbitration. They point out that the a...

Excerpt: ...eral." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971—972.) Given the policy favoring arbitration, "doubts concerning the scope of arbitrable issues are to be resolved in favor of arbitration." (Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 323; see also Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) Section 1281.2 of the California Arbitration Act requires the trial cour...

Excerpt: ...already purchased. The employees again asked Serrano to leave the store. Armed Security Guard Frank Perla was called back to the store and he repeatedly requested that Serrano leave the store. Serrano refused multiple times and Perla used pepper spray on Serrano. This was ineffective so Perla then utilized a TASER-style electronic control device on Serrano. A Stater Bros. employee was on the phone with the non-emergency law enforcement line and w...