Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massieloo to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...

Excerpt: ...ts Riverside Housing and Kulpa move to strike claims for punitive damages and attorney fees from the Complaint. As to punitive damages, Defendants contend that there is no basis to recover punitive damages for simple negligence absent additional factual pleading in accord with CC S 3294. As to attorney fees, Defendants contend that the Complaint does not plead a legally viable basis for the recovery of attorney's fees, which can only be recovered...

Excerpt: ...ersch, alleges three causes of action for 1) declaration of membership rights and order invalidating director appointment, 2) violations of a director's rights of inspection under Corp. Code 58334, and 3) violations of the common interest development open meeting act. On June 15, 2023, Plaintiffs filed an ex parte application to set a hearing date and specifying the manner of notice pursuant to Corp. Cade 57616. The court denied the ex parte appl...

Excerpt: ...uant to CCP 1019.5. This is a Song-Beverly Lemon Law case by Plaintiff Susan Danchak whose Complaint alleges 8 causes of action Defendants Ford Motor Company and Fiesta Ford, Inc. for 1) violation of Civ. code 51793.2(D), 2) violation of Civ. code 51793.2(B), 3) violation of Civ. code 4) breach of the implied warranty of merchantability, 5) fraudulent inducement— concealment, 6) negligent repair, and 7) violation of the Magnusson-Moss Warranty ...

Excerpt: ... to RFPs, Set one, Nos. #1-20, within 20 days of this order becoming final. Sanctions are denied. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed the complaint (the "Complaint") in this action on November 1, 2022 and the operative second amended complaint ("SAC") against defendant George Saezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust ("Defendant"). Plaintiff alleges that sh...

Excerpt: ...nstrument. Specifically, Plaintiff alleges he purchased the property and as a result of undue influence by Defendants Mat and Laurel Thomas, executed a grant deed transferring the property to him and Defendants as joint tenants. In response, Defendants filed their Cross-complaint alleging causes of action for partition, accounting, constructive trust and money had received. They contend that in August 2015, Plaintiff approached Defendant and stat...

Excerpt: ...tiff alleges that Defendant, Trulieve (founded by Defendant, Kim Rivers) has operated a chain of retail marijuana dispensaries throughout the U.S. Plaintiff alleges that Ms. Rivers is the CEO and Chairman of Trulieve and/or its parent company, and is a significant shareholder who effectively controls the business. Before the alleged events herein, Ms. Rivers partnered in the ownership and management of Trulieve with Benjamin Atkins — Plaintiff'...

Excerpt: ...lment; and (5) Public Nuisance. On July 24, 2023, this Court ordered Plaintiff to pay $5W.OO for failure to appear at a June 23, 2023 trial setting conference, and an additional $51% for the failure to participate in the drafting of a joint trial statute conference statement (Declaration of Shelan Toma, 93, Ex. A — Notice of Ruling), and $560 further on September 12, 2023 to be paid jointly and severally by Plaintiff's counsel and Plaintiff for...

Excerpt: ...lege that Defendant Marc Alan Ewingregan ("Defendant") was driving while intoxicated when he drove his vehicle into the vehicle in which Plaintiff Hector was driving and Plaintiff Ava was a passenger, causing damage and injuries to both Plaintiffs. Plaintiffs assert claims for negligence and motor vehicle negligence, and seeks punitive damages against Defendant. In his demurrer, Defendant argues the "cause of action" for punitive damages fails to...

Excerpt: ...5 after hearing. Plaintiff Oasis Independent Medical Inc. ("Plaintiff" or "Desert Oasis") filed the Complaint in this action on October 6, 2023, 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"), and CoachellaMed. The Complaint sets forth seven causes of action: (1) Breach o...

Excerpt: ...hase date of the subject vehicle on September 3, 2019, to the filing of the instant achon on May 18, 2023). Responding party is also ordered to pay sanctions in the amount of payable to moving party's counsel within 30 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a lemon law case. On September 3, 2019, Plaintiff purchased a 2019 GMC Sierra 15W, which was manufactured and warranted by Defendant....

Excerpt: ...ith Defendant, Volkswagen Group of America, Inc., about their 2019 Volkswagen Jetta. Plaintiff allege they revoked acceptance of the subject vehicle under the Song Beverly Act (SBA) due to defects and nonconformities that manifested within the warranty period including body defects, engine defects, electrical defects, among others. The alleged defects impair the use, value, or safety of the vehicle making it worthless. Defendant, VWGOA, was unabl...

Excerpt: ...Group ("EMC") for, among other things, negligence, premises liability, loss of consortium, and negligent infliction of emotional distress. Plaintiffs allege that on April 22, 2017, Victoria was pushing Bernard on his walker through the premises of EMC, and the walker caught on a raised area at the entry to the parking lot, causing Bernard to fall backward and hit his head on the pavement. (Complaint at '1 12.) In December 2020, Bernard was depose...

Excerpt: ...or interference with contractual relationships to the existing complaint against Laverne Dewald ("Dewald"), Brian Davis ("Davis"), Paul Jones ("Jones"), Joe Tucker ("Tucker") and Tom Salinas ("Salinas"). In reviewing the prior motion, the court found that the proposed amended complaint failed to allege any facts to support "wrongful conduct" by the defendants as the formation of a competing softball league does not constitute wrongful conduct, bu...

Excerpt: ...swer, judgment was entered in favor of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On June 24, 2023, Judgment Creditor served his first set of requests for production of documents and s#cial interrogatories. On August 11...

Excerpt: ...e vehicle was sold with bumper-to-bumper and other express warranties. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff asserts that, despite its inability to repair the Subject Vehicle, Defendant refused to repurchase the vehicle in violation of the Song Beverly Consumer Warranties Act ("Song Beverly Ac"). Plaintiff also alleges that ...

Excerpt: ...3, ruling in Kielar v. Superior Court of Placer County (2023) 94 Cal.App.5th 614. In opposition, Defendant asserts that Plaintiff's motion is entirely untimely and procedurally improper, as Plaintiffs ask this Court to change its ruling from nearly two years ago from November 18, 2021. Further, the cases that Plaintiff relies on not only do not overturn the ruling in Felisilda, at best they create a split in authority, but are also distinguishabl...

Excerpt: ... Setting Conference (TSC) with both counsel ordered to file joint TSC declaration 10 days prior to hearing and OSC set for same date and time for failure to comply with court order. Moving party to provide notice pursuant to CCP 1019.5. On January 17, 2023, petitioner/ plaintiff Jags Care ("Jags Care"; "Jags"; or "Plaintiff") filed the Verified Petition for Writ of Mandate and Complaint against the County of Riverside ("the County" or "Defendant"...

Excerpt: ... special interrogatories on Defendant seeking financial information and records. (Yost Decl. at "13-5.) On August 11, 2023, Defendant served objections to the discovery, in which he allegedly complained about actions taken by Plaintiff and his counsel during the course of the litigation and beyond. (Yost Decl. at 6-8.) Plaintiff contacted Defendant and requested that Defendant agree to seal those portions of the objections, and Defendant refused....

Excerpt: ...ion. Defendant Breckenridge to provide notice pursuant to CCP 1019.5. Plaintiff Wendy Gray ("Plaintiff") filed the verified complaint (the "Complaint") in this matter on May 30, 2023 against defendants Reverse Mortgage Funcrng, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subje...

Excerpt: ...o CCP 1019.5. This is a lemon law case. On April 4, 2015, Plaintiff Orlando Sanchez ("Plaintiff") purchased a new 2015 GMC Sierra 1500 ("Subject Vehicle"), which was manufactured or distributed by Defendant General Motors, LLC ("Defendant"). The vehicle was sold with a manufacturer bumper-to-bumper warranty, powertrain warranty and emissions warranty. Plaintiff alleges that Defendant had knowledge that the transmission model installed in the Subj...

Excerpt: ...the spa at the Hotel when he experienced diffculty breathing, shortness of breath, chest tightness and pain. He also felt a burning sensation in his skin and developed a rash. Plaintiff alleges that the spa contained unsafe levels of chemicals that caused severe chemical burns to his body and injuries to his lungs and respiratory system. On October 1, 2019, Plaintiff filed his Complaint for Negligence against Hilton and Defendant EHT ESPD, LLC. O...

Excerpt: ... Deposition to take place within 46 days of October 26, 2023.2. cvps2203383 PILUTlKvs GENERAL MOTORS, LLC Hearing re: Plaintiff's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set Two Tentative Ruling: Granted. Responding party is ordered to serve verified responses to the Demand for Production of Set Two, Nos. 70-71, 73-78, 80-85, 87-92, and 94-96 without objections within 30 days of service of notice (CC...

Excerpt: ...that, in she and Defendant Brandon Weimer, who were then high school friends, began a joint venture to sell toffee as a fundraiser, which they later turned into an actual business, which became Brandini Enterprises, Inc. (Second Amended Complaint ["SAC" l, 10.) It is further alleged by Plaintiff that, as the two friends were still minors at that time, they got their parents involved in the business, and all of them entered an oral partnership agr...

Excerpt: ...t General Motors, LLC ("GM" or "Defendant") regarding a 2017 Cadillac XT5 which was manufactured and distributed by GM. Plaintiffs allege they purchased the vehicle at Boulevard Cadillac, a GM authorized dealer. (First Amended Complaint ("FAC"), '1 6.) Plaintiffs allege that the vehicle came with material defects and nonconformities to warranw, including transmission defects, infotainment defects, engine defects, and electrical defects, that GM's...