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: (...

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 ...