Excerpt: ...mber 2019 until her death on September 5, 2020. Decedent abused alcohol and amphetamines, while also suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to...

Excerpt: ...nd Pledge Agreement are collectively referred to as "Contracts"). Though the Note provides that payment terms are quarterly installments of $100,000 beginning March 1, 2019, none of the agreements provide on what day of the month the quarterly payments were due. Accordingly, without any language suggesting otherwise, Ciaburri was entitled to make payment until the last day of every quarter. In April 2019, Ciaburri began making timely quarterly pa...

Excerpt: ...vision, and retention against PUSD. Specifically, Plaintiff alleges he was a victim of sexual assault and molestation at the hands of Regalado, an employee of PUSD (as a coach and tutor), from 2013-2014, when he was 15-16 years old. (Complaint at 1, 10.) During this time period, Regalado was also charged and found guilty of sexually assaulting at least one other student of PUSD. (Complaint at 12.) *** On June 7, 2023, Plaintiff served requests fo...

Excerpt: ...that FCM's authorized repair facilities failed to repair the defects after a reasonable number of attempts. The complaint sets forth three causes of action for violation of the Song-Beverly Act. * * * on June 22, 2023, the parties entered into a settlement under which Defendants agreed to pay $52,510.75. In addition, Defendants agreed to pay attorney's fees and costs to be determined by motion in which Plaintiffs would be deemed the prevailing pa...

Excerpt: ...nsferred to Residential Funding Company, LLC ("Residential Funding") or 21st Mortgage Corporation ("21st Mortgage"). In 2022, 21st Mortgage allegedly recorded a notice of default. A notice of trustee's sale was recorded in March 2023. Plaintiffs allege that these documents were improperly filed because Attorney Lender Services, Inc. ("Attorney Lender") failed to record a substitution of trustee. Plaintiffs allege that Residential Funding and 21st...

Excerpt: ...r se. On October 3, 2023, Plaintiffs filed their operative First Amended Complaint ("FAC"), alleging the same two causes of action— negligence and negligence per se. Plaintiffs subsequently agreed to dismiss their second cause of action for negligence per se. (Becker Decl. 6.) In the FAC, Plaintiffs seek exemplary and punitive damages based on their first cause of achon for negligence. *** Defendant now moves to strike a portion of the FAC seek...

Excerpt: ...m 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") were aware of the fraternty's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operati...

Excerpt: ..."), Exhibit A.) Plaintiffs allege that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11, 22-29, 63-85.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(B); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability and ...

Excerpt: ...serious injuries. On October 6, 2023, Plaintiff filed his Complaint against the Inn and principle, Kalpesh Solanki (collectively "Defendants"). He asserts five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Negligence; and (5) Negligent Hiring, Supervision and Retention. Defendants now move for terminating sanctions against Plaintiff. Defendants assert that on July 17, 2023, their counsel obs...

Excerpt: ...iffs allege that the Vehicle was delivered with serious defects and nonconformities to warranty and that the Vehicle manifested additional defects and nonconformities within the applicable warranty period, which HMA's authorized facility was unable to repair. (Complaint, "1 10, 18, 22-24.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach...

Excerpt: ...uary 26, 2021 alleging negligence and premises liability. The matter proceeded to jury trial on May 15, 2023, and the jury returned a verdict in favor of Defendants and against Plaintiff. Judgment was entered on August 15, 2023. Defendants filed a memorandum of costs on August 25, 2023, seeking $48,319.26 in costs. Plaintiff now moves to tax $972.75 in filing and motion fees, $22,600 in witness fees and $11,803.09 in other costs. Defendant oppose...

Excerpt: ... was the driver of a 2003 Chevrolet Silverado who struck and killed Ms. De La Luz. Plaintiffs in the instant matter are decedent's heirs. Plaintiffs have sued the following defendants under the following theories of liability: (1) Bookout on the theory that aookout negligently operated her motor vehicle at the time of the incident; (2) Defendants IPS, Shariden, and Zimmer Consultants, Ltd. on the theory that they negligently designed and/or const...

Excerpt: ... agency named in Gov. Code, S 6103, and no filing fees were paid, the clerk shall include as part of the judgment the amount of the fees that would have been paid but for Gov. C'Nle, S 6103. Thus, under Gov. C'Nle, S 6103.5, filing fees are costs incurred but not paid, which are recoverable under the general costs statute. Since Gov. Code, S 5103.5, specifically prescribes the inclusion of these fees as costs in a judgment, a trial court has no d...

Excerpt: ...ntiff had entered into a PSA that is the basis of Plaintiff's claims. The PSA was not executed by SEQ and SEQ is not identified as a party to said agreement. Plaintiff asserted in this motion that SEQ is the alter ego of GKL, in an attempt to hold SEQ liable for an alleged breach of the PSA. The Court continued the 9/28/23 hearing to allow Plaintiff to take Gary Leff's deposition, and on 10/24/23 granted Defendants ex parte application to file fu...

Excerpt: ...ting relevance and specific facts justifying discovery. (CCP Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production "is met simply by a fact-s#cific showng of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the burden to justify any objections. (Kirkland, supra, 25 Cal.App.4th at 98.) l. he Discovery at Issue Is Relev...

Excerpt: ...racey, Ill and Gina Tracey, individually and as successorsin-interest to JOSEPH THOMAS TRACY IV ("Plaintiffs"), allege that Defendants Riverside Sheriffs Deputy SM TH #5198, Riverside County Sheriffs Investigator PORRAZZO #3299, Hemet Police Department Sergeant PAEZ #10459, and Riverside Police Department KERR #1697 (collectively, "Defendants" or "Hemet Defendants") ambushed JOSEPH TRACY IV ("Tracy' or "Decedent"), which caused him to flee. (Seco...

Excerpt: ...on stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) l. Overrule the Demurrer to the 5th Cause of Action for Fraudulent Inducement—concealment A. Specificity The elements of an action for...

Excerpt: ...n to the hospital where he died the next day. Plaintiffs Myesah Kimble 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 fratern-ty"s history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orche...

Excerpt: ...ts") allegedly owned, managed, maintained, operated, repaired, directed, leased, and/or controlled 67990 E. Palm Canyon Drive in Cathedral City where the incident c„ccurred. The raised curb was a dangerous condition that Defendants knew of, or should have known of, for a sufficient time prior to the incident to have it repaired or warned of it. On 10/4/22, Plaintiffs Deborah and Justin Armstrong ("Justin") (collectively "Plaintiffs") filed thei...

Excerpt: ... for repair of defects and nonconformities, including, but not limited to, engine malfunction, transmission malfunction, the vehicle jerking while accelerating, and the vehicle shaking while driving. (ld. at '111.) She alleges that Defendant has failed to repair the subject vehicle to warranty after a reasonable number of attempts. (ld. at 12—13.) She further alleges that Defendant has refused to replace the vehicle or make restitution in accor...

Excerpt: ...iolation of the Song-Beverly Consumer Warranty Act. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiffs contend that they have noticed the PMK deposition multiple times but Defendant refuses to a PMK for relevant categories of testimony. It has also failed to provide dates to reschedule the deposition. They argue that both the categories and the documents identified in the depositi...

Excerpt: ... compulsory, leave must be granted so long as defendant is acting in good faith. (CCP 5426.50.) A Defendant always has the option of asserting any cause of action defendant has against the plaintiff in a cross-complaint. The cause of action need not be related to the subject matter of plaintiff's complaint in any way. The purpose is to allow plaintiff and defendant to settle all of their differences in a single lawsuit. (CCP 5428.10(a).) If defen...

Excerpt: ...ty"). Specifically, he alleges that Defendants have 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 alleges he and Edward R. Cardoosl and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and...

Excerpt: ...bject collision, Defendant Jeremiah Montoya Haney ("Deputy Montoya Haney") was employed as a Deputy with the Riverside County Sheriff's Department ("RCSD"), was acting in the course and scope of his employment with RCSD, and was operating a RCSD issued patrol unit equipped with emergency lights and siren. (Def.'s Separate Statement of Undisputed Material Facts ["DSSUMF"] 2.) He was also equipped with a RCSD issued body worn camera. (ld. at '1 3.)...

Excerpt: ...of its anti-SLAPP. An appeal from an order denying an ant-SLAPP moton divests the trial court of jurisdiction to conduct any "further trial court proceedings on the merits upon the causes of action affected by the motion." (Varian Med. Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 192-193.) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the...