Excerpt: ...erine Page as Doe 1 (“Page”). Plaintiff, a Canadian citizen, was a passenger in a truck driven by Page at the time of the accident. In the instant motion, Plaintiff now moves for a protective order that prevents the taking of her deposition until her treating doctor, Dr. Margaret Watty, determines she is not in a “very fragile state both physically and emotionally.” (C.C.P., § 2025.420.) On January 26, 2024, Page noticed Plaintiff's depo...

Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...

Excerpt: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...

Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...

Excerpt: ...he y fail to state facts sufficient to constitute a cause of action and are uncertain. In opposition, Plaintiff asserts that the demurrer is without merit, improperly submitted and should be overruled. Further, Plaintiff asserts that Tamara Cross was sued i n her individual capacity, not the law firm. In reply, the Defendant law firm asserts that the FAC simply amounts a retaliatory lawsuit against an opposing Attorney for simply representing h...

Excerpt: ...his former employer, 23 ½ Hour Home Services dba KC's 23 ½ Hour Plumbing, Inc. and its general manager, Bruce Smith (“Defendant” or “Smith”), for the alleged violation of various California wage and hour laws, including failure to provide overtime, failure to pay m inimum wage, failure to provide meal and rest breaks, failure to pay wages upon termination, failure to issue accurate itemized wage statements, and unlawful business practic...

Excerpt: ...ed. Verified further response to RFA No. 12, without objections, is to be provided to moving party within 30 days of this order becoming final. This is an elder abuse case. In May 2023, Plaintiff Marilyn Convey (“Plaintiff”), who is over 65 years old and suffe ring from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” ...

Excerpt: ...4. These motions are nearly identical. Plaintiffs have filed a supplemental opposition to Johns and Strebe's 2/15/24 demurrer. Plaintiffs argue that whether a plaintiff should have discovered facts to determine if delayed discovery is applicable is a question of fact and should only be decided as a matter of law if the evidence can support only one reasonable conclusion. She argues that six licensed real estate professionals received the deed an...

Excerpt: ...with the purcha se of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to experience significant problems with the Vehic l e 's electrical system transmission. Plaintiffs brought the Vehicle in to authorized dealerships and/or repair facilities of Defendant on numerous occasions. As a result of ...

Excerpt: ...esk, asked that the room be inspected and bedding changed. On August 2, 2018, Plaintiff woke up with more bite marks. He alleges that the bites were becoming intensely itchy and painful. He again notified the front desk, and was informed that his bedding would be changed. When Plaintiff returned to the room, he inspected the bed, and under the newly changed sheets and found a bed bug infestation. Plaintiff checked out of the hotel. On August 6, ...

Excerpt: ...out ob jection within 30 days of this order becoming final. Sanctions denied. Plaintiff to provide notice pursuant to CCP 1019.5. Page 8 of 10 Defendant WG Hacienda SH LP (Hacienda) is a Residential Care Facility for the Elderly. (Complaint ¶2.) Plaintiff Marilyn Convey was admitted to the facility in May 2023. She suffered from Advanced Alzheimer's Dementia. (¶21.) The Complaint alleges the following: (1) Elder Abuse; (2) Negligence; and (3) ...

Excerpt: ...is order becoming Þnal. Sanctions are denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. This is an elder abuse case. In May 2023, Plainti
¯ Marilyn Convey (“Plainti
¯”), who is over 65 years old and su
¯ering from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” or “Defendant”) and Atria Management Co,...

Excerpt: ...¯ Jags Care alleges that, since 2001, it leased from defendant County of Riverside a fueling station, convenience store and truck stop at the Blythe airport. Just before the parties' lease was scheduled to expire in June 2020, the County told Plainti
¯ that it would enter into a long-term lease with Plainti
¯ if Plainti
¯ spent millions of dollars repairing and improving the premises. Plainti
¯ contends that it agreed to this proposal and a ...

Excerpt: ...ion 1st Amended Complaint as to Defendant Gabriel Deniz. Leave granted to Þle 2nd Amended Complaint within 20 days of this order becoming Þnal. Moving party, Zixta, to provide notice pursuant to CCP 1019.5. In May 2023, Plainti
¯ Isenia Salcedo (“Plainti
¯”) was an employee of Defendants Zixta Enterprises, Inc.; Zixta Enterprises, Inc. Vallerta Supermarkets 11, 15, 18, 21, 25, 54 (“Zixta Defendants”) at the Vallarta Supermarket in Ind...

Excerpt: ...side the judgment Þled in the companion case Þled under CVPS2106001. In both motions, Appellant argues that the cases were improperly decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate the cases. Appellant's challenge of the December 22, 2022 judgment is also based on a labored contention that this matter should not have been designated a limited civil case when in fact the “real” und...

Excerpt: ...rity as ordered by the Court in its order granting Respondent City's motion to declare Appellant a vexatious litigant. Appellant argues that the motion was decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate such a motion. On that basis, Appellant argues that the order granting the motion to declare Appellant a vexatious litigant and the related order mandating Appellant to post security was...

Excerpt: ...orce Growing Systems, Ltd. (“Defendant”). Through the PSA, Plainti
¯ agreed to sell non-residential real property located at 50th Avenue and Filmore Avenue, City of Coachella, County of Riverside, State of California (the “Property”) to Defendant. Plainti
¯ alleges that Defendant breached the PSA by failing to complete the purchase. On September 13, 2023, Plainti
¯ Þled a Complaint alleging causes of action for: (1) Breach of Contract...

Excerpt: ...tions are both denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. On October 6, 2023, Plainti
¯ Oasis Independent Medical Associates, Inc. (“Plainti
¯” or “Desert Oasis”) Þled a Complaint against Defendants, Job Lopez, Nurse Practitioner (“NP Lopez”), Juan M. Acosta, M.D. (“Dr. Acosta”), Coachella Valley Medical Group IPA Inc. (“CVMG”), Francisco Cordova, M.D. (“Dr. Cordova”), Carlos Lopez, M.D. (“Dr. Lopez�...

Excerpt: ...rt to Þle their Second Amended Complaint within 16 days of this order becoming Þnal. The deadline is mean to coincide with the previously sustained demurrer of other defendants in this action. Moving party to provide notice pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plainti
¯ Je
¯ Johnston, acting in pro per, alleges 27 causes of action. In the instant motion, Defendants Reliance Partners, Inc...

Excerpt: ... case. Plainti
¯ Dilia Kepley (“Plainti
¯”) alleges she was employed by defendant Desert Sands UniÞed School District (the “District” or “Defendant”) from November 2011 to April 2021 as a Food Tech Prep. (First Amended Complaint (“FAC”), ¶¶ 19, 51.) Plainti
¯ alleges that she su
¯ered a work injury in 2017 while preparing food for student meals, including a torn rotator cu
¯, biceps tendon tear and subacromial shoulder imp...

Excerpt: ...t D/T Carson Enterprises (“Carson Enterprises”) from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. alleges that co-worker, Steven Young (“Young”) made sexually explicit comments and gestures to Plainti
¯ due to his perceived orientation. Plainti
¯ asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was ter...

Excerpt: ...ted a modiÞcation of the deed of trust which reßected deferred principal of $119,829.99. In March 2022, Defendant US Bank Trust National Association, (“US Bank”) became the assignee and holder of the Deed of Trust. On April 5, 2022 Defendant MTC Financial, Inc. dba Trustee Corps (“Trustee Corps”) recorded a notice of default. In May 2021, HOA acquired the property. In July 2023, Trustee Corps recorded a notice of trustee sale. Plainti
�...

Excerpt: ...vil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plainti
¯s move for an order (1) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party Lyon Real Estate on November 8, 2023, (2) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party United Wholesale Mortgage, LLC...