Excerpt: ...to detective a nd in April 2016 she became the first female in the Inland Empire to become a public bomb safety technician. Plaintiff alleges she routinely received excellent reviews, but was subject to discrimination, harassment and retaliation while on TSU. She was d enied a properly fitted bomb suit, denied training opportunities provided to male members of the team, subjected to sexually charged comments, her desk was vandalized, she was ex...

Excerpt: ...to provide Scruton with caregivers at a rate of $28.50 an hour for a minimum of four hours each visit. Scruton has failed to pay for the services provided. He owes Home Care $48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a Cross - Complaint against Home Care. He alleges that he did n...

Excerpt: ...��Individual Defendants”) are her former supervisors and managers. The DA's office consists of various units which specialize in prosecuting different categories of cases. In 2011, Plaintiff was placed in the Special Prosecutions Unit, White -Collar Crime (“White Crime Unit”), prosecuting auto i nsurance fraud cases. She spent eight years in the White Crime Unit, and became an expert in the field. (Complaint, ¶¶ 16, 24.) In June 2013, Pl...

Excerpt: ... employment action based on alleged disability discrimination. Plaintiff Amy Zeta alleges she was employed by defendant County of Riverside (the “County”) as a Deputy District Attorney (“DDA”) from 2008 to 2023. Defendants John Henry (“Henry”), Melissa Moore (“Moore”), Kelly Catlett (“Catlett”) and Michelle Paradise (“Paradise”) (collectively “Individual Defendants” or “Defendants”) are her former supervisors and m...

Excerpt: ...alifornia (“OCTCSC”) pr ovided BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company (“RATIC”) (collectively “Plaintiffs”). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker indiv idually (“2018 Indemnity Agreement”). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement...

Excerpt: ...��), suffers from Brake Defects ("Defects"), and that GM has been unable to repair the Subject Vehicle within a reasonable number of attempts. Plaintiffs further allege that GM knew that the Subject Vehicle suffered from these Defects and knew that it lacked any ability to repair them y et failed to disclose these facts to Plaintiffs at the time of sale, repair, or thereafter. GM thus willfully violated the Song -Beverly Consumer Warranty...

Excerpt: ...enhower Medical Center continued to treat Plaintiff and eventually discharged him with a dislocated hip. Plaintiff returned the day after discharge where he was diagnosed with the dislocation of his hip. Defendant Sinha performed another hip surgery, where he notic ed a new fracture along his femur, requiring additional cabling to secure the fracture. Plaintiff now has a leg length discrepancy that continues with pain. Plaintiff's husband, Plaint...

Excerpt: ... -425.) The County a ssessed the property value as $35,099,925, but Plaintiffs asserted that the value declined to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46 -187.) On 12/20/21, the Board issued its notice o f d eci si o n . ( AR 16) . O n 2/17/22, the Board issued a final findings of fact. (AR 1 -15.) Pl a i n t i ffs' exp er t , Ben F. Tunnell, III of BTI Appraisal, used both a cost approach and sale...

Excerpt: ...lly (collectivel y, “Plaintiffs”), filed their operative Third Amended Complaint (“TAC”) against Defendants American Logistics Company, LLC (“ALC”); AmLogCo, LLC (“AmLogCo”); and Star Patient Transport, LLC (“Star Patient Transport”) (collectively, “Defendants”), alleging (1) Elder Abuse and Neglect ( Welf. & Inst. Code § 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4)...

Excerpt: ...ce Manager. (Id.) In March 2022, Defendant Sarah Franco (“Ms. Franco”) was appointed Director of Procurement and Fleet. (Id. at ¶ 12.) Under Ms. Franco's leadership, Plaintiff allegedly noticed a negative change in her treatment, as well as that of Procurement Services Officer Lydia Bell (“Ms. Bell”), both of whom are Black women. (Id.) Plaintiff alleges that during her tenure, Ms. Franco treated her and Ms. Bell, the only two Black empl...

Excerpt: ...iness and Professions Code § 17200 [use of deceptive practices]; (3) Breach of Contract and (4) Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff alleges that on August 10, 2023, Plaintiff hired Defendants to installed below listed parts, which the parties agreed would repair his semi -truck. (Complaint, ¶6.) Plaintiff paid the collective Defendants the agreed amount of $25,169 immediately. (Id., ¶¶ 7 -16.) Plaintiff in ess...

Excerpt: ...ounty filed a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County alleged that Defendants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and traffic issues for the community, causing a public nuisance. (Id. at ¶ 4.) In the Complaint, the County asked the Court to declare that the conditio...

Excerpt: ... Food, Inc. , and Rise of Healthy Choice, Inc. Defendant Nishant Patel, along with his wife, Defendant Radha Patel, holds another 47.5% of each corporation, and Defendant Mili Nikunj Patel holds the remaining 5%. Plaintiff alleges that Defendant Nishant Patel has be en improperly removing funds from the corporations for his personal use and benefit, has excluded Plaintiff from the operations, and has failed to allow Plaintiff to inspect and copy...

Excerpt: ...he applicable warran ties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On 3/16/23, Plaintiffs filed the FAC against Defendant, alleging (1) breach of implied warranty of merchantability under the Song -Beverly Act, (2) breach of express w arranty under the SongBeverly Act, and (3) Violation of Civil Code § 1750 (The Consumer Legal Remedies Act, “CLRA”). Plaintiffs brings this Motion to Defendant to pr...

Excerpt: ...take, inadvertence, surprise, or excusable neglect.” The moving party bears the burden of demonstrating by a preponderance of the evidence that at least one of these conditions is met. Hopkins & Carley v. Gens (2011) 200 CA4th 1401, 1410, 135 CR3d 1, 8 –9; Luz v. Lopes (1960) 55 C2d 54, 62, 10 CR 161, 165 –166. a. Mistake Mistake may be one of fact or law. Mistake of fact occurs when a person understands the facts to be other than they are;...

Excerpt: ... court granted Defendants ' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plaintiffs failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. Plaintiffs have made repeated a ttempts to sets aside the dismissal and have brought repeated motions for reconsideration. On February 16, 2024, the court granted Defendants unopposed motion for CCP §...

Excerpt: ...ation against Defendant GM alle ging causes of action for: (1) Violation of CC § 1793.2(d); (2) Violation of CC § 1793.2(b); (3) Violation of CC § 1793.2(a)(3); (4) Breach of Express Written Warranty, CC §§ 1791.2(a), 1794; and (5) Breach of the Implied Warranty of Merchantability, CC §§ 1791.1; 1794. * * * Plaintiff now moves to compel Defendant GM to designate and produce for deposition the Person Most Qualified (“PMQ”) on all categ...

Excerpt: ...ng Veva' s direct care ne eds (Complaint ¶ 9). Plaintiff alleges that Rod interviewed and hired Plaintiff to care for Veva on 9/23/16 and that Defendant at some unspecified time thereafter promised to provide Plaintiff with free room and board and to pay the Plaintiff a salary in an unspecified amount to care for Veva. (Complaint ¶¶ 10 & 17); Plaintiff alleges Defendant had no intention of fulfilling that promise, and made the promise t...

Excerpt: ... the pandemi c, Decedent Raul Galindo (“Decedent”) was a healthy 40 -year - old who presented to Defendant Corona Regional Medical Center (“Medical Center”) with symptoms of COVID -19. Instead of being prescribed a safe, low -risk “standard treatment” for COVID, Decedent wa s sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed about the low -r...

Excerpt: ... of the Song Page 2 of 6 Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiffs allege that on February 25, 2018, they purchased a 2018 Honda Accord (the “vehicle”), and entered into a bumper to bumper warranty agreement on the vehicle with Defendant. (Complaint at ¶¶ 7, 15.) Defects and nonconformities manifested that impaired the use, value, and safety of the vehicle. (Complaint at ¶ 16.) Plaintiffs fir...

Excerpt: ... complaint fo r: (1) breach of contract; (2) open book account; (3) account stated; (4) restitution; and (5) goods and services rendered. Defendants move for judgment on the pleadings contending that the contract attached to the complaint says that there is an additiona l form, yet no form is attached. Therefore, there is no complete copy of the contract. In opposition, Plaintiff contends that there is no issue with the terms of the contract alle...

Excerpt: ...or various acts of fi nancial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from an incident wh...

Excerpt: ...�led the underlying action against his real estate agent, Rodriguez and Vanguard Real Estate, and his broker, Herrera who now operates business under Good Life Realtor, for the agent's conduct of secretly refraining from letting the sellers know that another offer was made in addition to the offer made by Bernal. Bernal alleges the agent's conduct was motivated by financial gain as he stood to make more money if sellers accepted Bernal's offer a...

Excerpt: ...ries, inst ead of Eastern Municipal Water District Facilities Corporation who was erroneously sued. Plaintiff alleges, on June 06, 2022, he was injured when he drove his vehicle over an exposed utility hole which was a dangerous condition on the roadway. On or about August 22, 2022, Plaintiff filed a government claim against Eastern Municipal Water District for his injuries. (Declaration of Ramin T. Montakab [“Montakab Decl.”], Ex. 1 [Claim ...

Excerpt: ...th defendant J.B. Hun t Transport, Inc. (“Defendant”). On August 4, 2022, Plaintiff filed the Complaint alleging negligence, negligent entrustment and negligent hiring/supervision/retention. On February 14, 2023, Defendant served its first set of written discovery requests on Plaintiff, including form interrogatories, 29 special interrogatories, and 34 requests for production of documents, to which Plaintiff timely responded. Plaintiff cont...

Excerpt: ...nths (3 years) o r 36,000 miles; Drivetrain/Powertrain Warranty for the earlier of 72 months (6 years) or 60,000 miles; and Emissions Warranty for the earlier of 7 years or 70,000 miles. (Id. at ¶ 7.) During the applicable express warranty period, the subject vehicle dev eloped defects and nonconformities to warranty. (Id. at ¶ 16.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conf...

Excerpt: ...ames Hodges for vario us acts of financial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from a...

Excerpt: ...intiff alleges that ser ious defects and nonconformities to warranty manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, ¶¶ 15, 16, 54.) The Complaint sets forth four causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code § 17200; and (4) Negligent Re...

Excerpt: ...nd (3) vicarious liability un der Gov. Code § 815 et seq (On 2/24/2024, Plaintiffs filed a Request for Dismissal of Defendant State of California from this action without prejudice, which was granted by the Clerk that same day.) On April 28, 2022, Sullivan, while in the course and sc ope of her employment with the District, was operating a motor vehicle owned by the District. (Compl. 6.) Plaintiffs allege that Sullivan negligently operated the ...

Excerpt: ...di (“Michael”) (Be cause multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect is intended.” (Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal. App. 4th 280, 283.)) and Pasquale Justin Baldi (“Pasquale”) for: (1) conversion; (2) money had and received; (3) violation of Penal Code § 496; (4) breach of fiduciary duty; (5) breach of the duty of loyalty; (6) fraud; and ...

Excerpt: ...10.) On November 13, 2018 , Plaintiff was criminally charged with vehicular manslaughter, Case No. INM1807905 (“criminal case”). (Id., ¶ 11.) Thereafter, Plaintiff retained Defendants to defend him in the criminal case. (Id., ¶¶ 12, 13.) Plaintiff alleges that Defendants mishandl ed and mismanaged the underlying criminal case, resulting in a criminal restitution order in excess of $400,000, notwithstanding his payment of $1.5 million to se...

Excerpt: ...ts Complaint. Plaintiff assert s four causes of action for: (1) Open Book Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on Feb ruary 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, enter...

Excerpt: ...complaint for pre mises liability and general negligence against Defendant Cardenas Markets, Inc. for a slip and fall on 11/4/21 at Defendant's Moreno Valley store. On 10/2/23, Plaintiff filed a doe amendment naming Cardenas Markets, LLC as Doe 1. Plaintiff moves to comp el the depositions of the PMQs for both Defendants, contending that Defendants have failed to provide alternative dates and Defendants have refused to appear. Plaintiff requests...

Excerpt: ...rovision authorizing recovery of fees incurred in connection with the enforcement of a prior judgment (Code Civ. Proc., § 685.040). It appears the merger rule does apply, and therefore, HOA cannot establish a basis for recovery of fees under the contractual fee provision of the Performance Deed of Trust as the entry of the judgment in the prior action is said to have absolved the defendant of further contractual obligations as the judgment repla...

Excerpt: ..., set one, nos . 1-70. He contends Defendant provided boilerplate objections, and refused to produce any documents related to repurchase policies, or knowledge of the defect. He argues the claim are relevant to Song -Beverly penalties and fraud claim. He requests sanctions of $3,220.00. Defendant opposes the motion on the grounds that this is a basic lemon law case and is not entitled to information other than Plaintiff's vehicle. It argues Plain...

Excerpt: ...usiness with their brother def endant Mazen Jawdat Hantuli (“Mazen”) for thirty years at 6111 Quail Valley Court (“property”) in Riverside and that they each own equal shares of the property and inventory. The business they conducted was car business and there are numerous cars remainin g on the property, along with related tools, car lift, spare parts, compressors, and a pressure washer. The business is now closed and plaintiffs allege t...

Excerpt: ...se where in Plaintiff alleges that he rendered $260,000 worth of plumbing services on a construction project for Defendants who also requested Plaintiff to spend an additional $ 117,000 on materials. Plaintiff alleges Defendants have refused to pay him for his services and the materials. The second amended complaint (“SAC”), is the operative pleading and asserts the following causes of action: 1. Breach of Oral Contract; 2. Work, Labor and Ma...

Excerpt: ...f modular homes. He work ed at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). Skyline contracted with Defendants Atlas Copco Compressors, LLC and Atlas Copco Compressors (collectively “Atlas”), as well as Buds Air Compressor Company (“Buds Air”) (collectively with Atlas “Defendants”), for the purchase and installation of products, including an air tank, to be used at the jobsite. Pl...

Excerpt: ...that express and implied warranties accompanied the lease, the subject vehicle had defects and nonconformities that could not be repaired by Hoehn. On August 24, 2020, Plaintiffs filed their complaint alleging a single cause of action for Violation of Song -Beverly Consumer Warranty Act — B reach of Express & Implied Warranty. On S eptember 9, 2021, Defendants served a C.C.P., § 998 offer to Plaintiffs under which Defendants offered to “pay...

Excerpt: ...standard treatment” for C OVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed of the standard treatment. Eventually, Decedent was admitted to the Medical Center. Defendan ts Ramin Akhavan, MD, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively “Physician Defendants”) concealed the “standard treatment” and in...

Excerpt: ...pped on a greasy piz za box and fell at least six stairs causing serious injuries. On October 10, 2023, Plaintiff filed her Complaint against the Garage and the City of Riverside (“City”). She asserts two cause of action for: (1) Negligence —Premises Liability; and (2) Acts and Omission of Public Employees within the Scope of Employment. The City now demurs to the second cause of action against it. The City argues that a pizza box is not a...

Excerpt: ...ity should b e retained. The attractiveness of consolidation varies widely, depending on the characteristics of the actions involved. Accordingly, there are no fixed rules on when permissive consolidation is desirable. The principal statute regulating permissive cons olidation, CCP §1048(a), specifies only one factor to be considered: whether the actions proposed to be consolidated involve "a common question of law or fact." Therefore,...

Excerpt: ...from nonconformities, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶¶ 10, 12.) The nonconformities Plaintiff complains of include defects of the engine, check engine light, lifters, cylinder s, and other defects. (Complaint, ¶ 10.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to ...

Excerpt: ...ptr. 766 (3d Dist. 1 990); Wolf v. Walt Disney Pictures & Television, 162 Cal. App. 4th 1107, 1138, 76 Cal. Rptr. 3d 585 (2d Dist. 2008)) The motion may be made by any party or the court sua sponte, and allows the court to grant judgment in favor of the party against whom the jury has rendered a verdict whenever a motion for nonsuit or directed verdict should have been granted if such a motion had been made. (CCP § 629) A motion for JNOV is esse...

Excerpt: ...w brings a moti on to exclude Defendant's designated expert witness, James Oaks, at trial as it has not produced him for deposition despite attempts to meet and confer. In the alternative, Plaintiff requests that Defendant be ordered to provide dates for deposition to occ ur immediately. In Opposition, Defendant contends that Plaintiff did not meet and confer. In addition, it asserts the categories and document requests are overbroad and its obje...

Excerpt: ...es of actio n for: (1) private nuisance; (2) public nuisance; (3) intentional interference with prospective economic relations; (4) preliminary and permanent injunctive relief, and (5) declaratory judgment. Plaintiff alleges in its verified Complaint that, since the early morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to...

Excerpt: ...tained the real property of 5302 Mission Boulevard, Jurupa Valley, California 92509 (the “Property”) as a public nuisance, in violation of California law and the Jurupa Valley Municipal Code (the “Municipal Code”). In the Complaint, the City prayed for payment of its costs and a ttorney's fees. (Complaint, page 22; Civil Code § 3496(c).) On July 3, 2023, the Court entered a Judgment for Permanent Injunction (the “Judgment”) against D...

Excerpt: ...Code §§ 1601 and 1602. In the FA C, Plaintiff alleges that, at all times relevant to his claims, he was a director (CEO) and 12.195% shareholder in Fleetwood. (FAC at ¶¶ 1, 7, 21.) Although the board of directors of Fleetwood attempted to remove him as a director on February 11, 2022, Fle etwood filed its Statement of Information with the Secretary of State on July 7, 2022, and identified him as a director at that time. (FAC at ¶ 8, Ex. A....

Excerpt: ...ed by the econ omic loss rule. However, the court sustained, with leave to amend, as to the fraud cause of action on the grounds that the Complaint did not plead with specificity, but rather only conclusory statements. As the concealment was based on providing false or i ncomplete statements, the court found that the pleading must at least set forth the substance of the statements at issue, which it did not. Defendant Ford Motor once again demur...

Excerpt: ...FMC), (2) Violation of Civ. Co de § 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code § 1793.2(a)(3) of Song -Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement – Concealment (against FMC); and ( 6) Negligent Repair (against Palm). Plaintiff alleges that, on March 28, 2023, he entered into a warranty contract regarding a 2023 Ford F150, which was manu...