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: ...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: ...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...