Excerpt: ...ntiff") was riding a 2020 Yamaha MC Motorcycle. Plaintiff filed a Complaint alleging personal injury on June 16, 2021. Defendant filed an Answer on March 4, 2022. The matter is now set for trial to commenced on June 30, 2023. On March 23, 2023, Plaintiff underwent an independent medical examination ("IME") performed by Dr. Paul Edward Kaloostian, a neurosurgeon. Defendant now seeks a second IME by Rosabel Young, M.D., a neurologist. This motion i...

Excerpt: ...s") (all collectively, "All Defendants"), asserting three (3) causes of action for (1) General Negligence (against All Defendants); (2) Negligent Entrustment (against Michael and the Dominos Defendants); and (3) Negligent Hiring, Supervision, or Retention of Employee (against the Domino Defendants). Plaintiff alleges that on March 10, 2022 at approximately 8:04 p.m., she was a #destrian who was struck by a 2022 Volkswagen Tiguan driven by Defenda...

Excerpt: ... Negligence Against All Public Entities; (3) Negligence — Motor Vehicle Against Benjamin Guzman. By this Motion, Plaintiff moves for relief from waiver of objections to Form and Special Interrogatories, Requests for Document Production and Requests for Admissions. He contends that substantially compliant responses have been served and the failure to serve the written objections was the result of mistake, inadvertence or excusable neglect due to...

Excerpt: ...m the Department of Industrial Relations ("DIR") as to whether Petitioner's project was subject to prevailing wage laws (Labor Code S 1720, et seq.). In August 2018, DIR's hearing officer determined that the project was subject to prevailing wage laws. Petitioner contends this determination was incorrect because City is a charter city with a code provision that makes the prevailing hourly rate inapplicable to the project. Petitioner appealed the ...

Excerpt: ...lief. Defendant filed an Answer on December 2, 2022. Defendant now moves for an order granting leave to file the attached Cross-complaint ("XC"). This motion is made pursuant to CCP SS 426.30(a) and 426.50 on the grounds that Defendant's motion to assert a related cause of action against Plaintiff should be granted because failure to assert the related cause of action was due to oversight, inadvertence, mistake and neglect, and Defendant acted in...

Excerpt: ... defects, Plaintiffs brought the vehicle in for repairs to Defendant General Motor, LLC's ("GM" or "Defendant") authorized dealership(s) who were unable to repair the defects, despite having cumulative possession of the vehicle for 55 or more days. These were days that the vehicle was unavailable to Plaintiffs and were days out of service. Yet Defendant refused to buy back the vehicle, so Plaintiffs seek an appropriate remedy under California law...

Excerpt: ...ified Pre-owned 2019 Chevrolet Silverado 1500, VIN IGCPYFED8KZ26S383, ("Subject vehicle" or "Vehicle") for $83,005.75. As a result of persistent manufacturing defects, Plaintiffs brought the vehicle in for repairs to Defendant General Motor, LLC's ("GM" or "Defendant") authorized dealership(s) who were unable to repair the defects, despite having cumulative possession of the vehicle for 55 or more days. These were days that the vehicle was unavai...

Excerpt: ...laims for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) retaliation; (6) failure to provde reasonable accommodations; (7) failure to engage in a good faith interactive process; and (8) wrongful termination. Defendant brings the instant motion to compel arbitration. Defendant contends Plaintiff executed a binding arbitration agreement in connection with his employment w...

Excerpt: ...lyn Conway, Gloria V. Herrera, American Legion Auxiliary Department of California, Gloria Williams, Anita Biggs, and Veronica Verdusco Garcia (all Defendants except Veronica Verdusco Garcia are collectively referred to as "Defendants"). On January 24, 2023, Plaintiff filed her operative First Amended Complaint for Damages for Libel ("FAC") against the same Defendants. Defendant American Legion Auxiliary Department of California ("ALAD") is a non-...

Excerpt: ...d continued contributing to the mortgage every month, he would receive title to the Property. (Comp., 18.) Plaintiff and Josephina resided at the Property. (Comp. , '1 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, 2015, a grant deed was recorded transferring title from Defendants to Thelma only. (Comp., Exh A.) As of June 2021, Plaintiff and Josephina's relationship ended. (Comp., 8....

Excerpt: ...S, INC„ MBK TRADE INC. Tentative Ruling: Plaintiffs Mofeed Jawdat Hantuli ("Mofeed"), Kazem Jawdat Hantuli ("Kazem"), and Basem Jawdat Hantuli ("Basem") ("collectively, "Plaintiffs") filed the complaint for declaratory relief in this action on May 13, 2021 against defendant Mazen Jawadat Hantuli ("Defendant" or "Crosscomplainant"). Plaintiffs and Defendant are brothers who own equal shares in real property located on Quail Valley Ct. in the Cit...

Excerpt: ...leging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. On September 6, 2022, Defendants demurred to the entire SAC on the grounds of uncertainty, and to the third cause of action for fraud and intentional concealment for failing to allege sufficient facts to...

Excerpt: ...'s name to title without any monetary contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. On January 5, 2022, Plaintiff filed a verified complaint to: 1) quiet ttle; and 2) declaratory relief. Defendant now demurs to the complaint on the ground that each cause of action fails to state facts sufficient to constitute a c...

Excerpt: ...endant initiated a care plan to prevent Plaintiff from falling. The care plan was generic and not individualized to Plaintiff's needs. Plaintiff alleges that during her residency, she suffered a fall which caused injuries to her head, shoulders, and hip along with causing her to suffer a brain injury. (Complaint "1 12-16.) The Complaint alleges causes of action for (1) elder abuse; (2) negligence; and (3) violation of patient's rights. Defendant ...

Excerpt: ...elied on codefendant Benjamin Iverson to act as her primary caregiver and custodian. The Complaint alleges that on an unspecified date, Decedent went to a BANA branch in Lake Elsinore, California, and transferred funds from her BANA accounts to accounts where Iverson was named as the POD beneficiary. Plaintiff contends this breached the terms of the trust which required Decedent to notify Patrick upon removal of assets from the trust. Decedent pa...

Excerpt: ...Brown and his wife have resided on their property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they intended to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/county. The engineer installed new monuments on the Trust's property; th...

Excerpt: ...or distributed by Defendant General Motors, LLC ("Defendant"). The vehicle was sold with a 3-year/36,OOO-mile basic coverage warranty and a 5-year/60,OOO-mile powertrain warranty. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including Page 7 of 8 transmission, engine and structural issues. Plaintiff delivered the Subject Vehicles to authorized repair facilities on several occasions, but Defenda...

Excerpt: ...erienced financial hardship during the Covid pandemic, and lost income making it difficult to pay his mortgage. He sought to obtain a PPP loan and California grant as well as unemployment to support his family. On 9/25/21, Plaintiff submitted a loss mitigation application in response to which Defendant, Cenlar FSB (Cenlar) requested additional information, but wrongfully closed the review of this first application on 12/3/21. Plaintiff submitted ...

Excerpt: .... 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. In his original cross-complaint he alleged that he could not be released from his rehabilitation center without proof of 24-hour care. Home Care represented that it could provide sa...

Excerpt: ...en filed on 1/11/23. There is a motion for Protective order in that matter as well set for 5/18/23. Defendant brings this motion for protective order requesting the court enter a protective order that permits the parties to identify documents as confidential and process by which to challenge the designation. Defendant contends good cause is shown as the information sought relates to proprietary business, trade secret, financial information and or...

Excerpt: ...ng a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application with supporting declarations (CRC 3.1332(b)). Continuances of trials are disfavored. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance (CRC 3.1332(c)). A stipulation that good cause exists does not ...

Excerpt: ...Motor Vehicle Against Benjamin Guzman. On January 24, 2023, Defendant served Plaintiff with Requests for Admission, Set One, Requests for Production of Duuments, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set one. (Declaration of John Higginbotham, 93, Ex. 1-4.) Decl."] On February 19, 2023, Plaintiff's counsel's assistant emailed Mr. Higginbotham requesting a twoweek extension, which was granted. This extended the deadl...

Excerpt: ...two causes of action for Cancellation of Deed and Quiet title. The underlying facts are generally undisputed. Defendant Lea J. Jones is Plaintiff's granddaughter. (Verified First Amended Complaint ["FAC"], 2.) In November 2010, Plaintiff and her late husband, Gary Leroy Bock, signed a Grant Deed by which they conveyed title to the Subject Property to themselves as husband and wife, and Lea Jacqueline Williard, a married woman as her sole and sepa...

Excerpt: ...Think Eventos, LLC dba Toro Wapo Arena Event, Center (collectively "Plaintiffs") lease property within an area commonly known as the Lake Perris Fairgrounds. The California Department of Water Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the P...

Excerpt: ...been received by the court. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure S473(b). A moton to set aside a default judgment under CCP S473(b) must be based on either: declarations or other evidence showing "mistake, inadvertence, surprise, or excusable neglect" (in which event, relief is discretionary). CCP S473(b) grants the trial court discretion to vacate a default judgment (and/or any othe...