Excerpt: ...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 disfawred. 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 constitute good cause. Good cause may exist for a continuance of trial on the grounds of the failu...

Excerpt: ... the demurrer (CCP 1005). The Court has not received any opposition to this Demurrer. Accordingly, the Demurrer is granted without leave to amend. The United States Supreme Court established the rule that judges are immune from civil suits arising out of the exercise of their judicial functions. (Mireles v. Waco (1991) 502 U.S. 9, 11.) "[l]t is the general principle of the highest importance to the proper administration of justice that a judicial...

Excerpt: ...f is mandatory). Under CCP S473(b), the court is required to vacate any default or dismissal "whenever an application for relief is made no more than six months after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." CCP S473(b) grants the trial court discretion to vacate a dismissal on the basis of "mistake, inadvertence, ...

Excerpt: ...'s offce from December 5, 2016 to September 10, 2021. (Second Amended Complaint, 1.) Plaintiff, among other things, alleges that the stress from having her probation extended without a reason and being forced to work with her harasser (Daniel DeLimon) caused Plaintiff to have a miscarriage. Plaintiff now moves to compel deposition attendance of the District Attorney, Mike Hestrin. Plaintiff contends that D.A. Hestrin's deposition is sought becaus...

Excerpt: ...pert designation by adding Minho Yu, M.D., who was the attending physician of Plaintiff from the date of his stroke. (Declaration of Jeff Grotke ["Grotke Decl."l, 4.) Plaintiff's motion is accompanied by the declaration of his counsel, Jeff Grotke, who explains that Minho Yu, M.D. was retained by Plaintiff since submitting his expert witness list to give his expert opinion at trial. (Ibid.) Counsel also explains that, for reasons unknown, at the ...

Excerpt: ...) In March 2022, Defendant Sarah Franco ("Ms. Franco") was appointed Director of Procurement and Fleet. (ld. at '1 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. (ld.) During her tenure, Ms. Franco allegedly treated Black employees differently from other non-Black employees. (ld. at 12—13.) ...

Excerpt: ...) AND REQUEST FOR SANCTIONS IN THE AMOUNT OF CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. PLAINTIFF CHRISTINE WACHIURI'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF DEFENDANT COLUMBIA RIVERSIDE, INC. TO PLAINTIFF'S REQUEST FOR ADMISSION (RFAS), SET ONE, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $2,901.90 ...

Excerpt: ...cation wages, unreimbursed business expenses, waiting time penalties, late payroll penalties, and other damages. An administrative hearing occurred and the Hearing Officer found that Plaintiff failed to establish her claims as to Kim, Cho, and Ko. She found that Plaintiff's claims had merit as to and awarded Plaintiff $160,345.16. She found that out of this amount, Chung was jointly liable for $156,605.46. Plaintiff filed a Request that Clerk Ent...

Excerpt: ...eway Ill, LLC ("Defendant"). Plaintiff alleges that the Premises were designed or maintained in a dangerous condition. Plaintiff alleges that she suffered injuries as a result of the fall. On May 19, 2022, Plaintiff filed her Complaint, asserting one cause of action for Premises Liability. Defendant now moves for summary judgment. Defendant argues that it had no actual or constructive notice of the dangerous condition because there were no prior ...

Excerpt: ...sing her to fall and sustain injuries. She alleges that the ice rink was maintained so as to create an unsafe condition leading to an unreasonable risk of injury, which Defendants could have and should have repaired, protected against, or adequately warned Plaintiff about. Her Complaint was filed on 10/19/22 alleging two causes of action for prem-ses liability and general negligence. Defendants, Peltzer, bring this motion for summary judgment, al...

Excerpt: ...asures and Plaintiff fell and fractured her hip. Even after this fall, Defendants continued to implement fall prevention measures. It appears, Plaintiff fractured her hip a second time at Defendants' facility, after an altercation with another resident. Defendants waited two days before taking her to the hospital, even though she complained of pain. The complaint asserts a claim for elder abuse/neglect and negligence. Plaintiff brings a motion se...

Excerpt: ...Plaintiffs allege that they were under the direct custody, care and control of the County and its agents; Plaintiffs' detention was court-ordered and mandatory; and the duration and nature of their commitment were dependent upon compliance with the County's agent's demands. (ld. at '13.) They allege that the County's agents used their position of trust and authority to sexually abuse them. (ld. at '14.) According to Plaintiffs, the County establi...

Excerpt: ...tal responses to requests for production of documents nos. 7, 8, 43-48, 53-56, and 59. If supplemental responses have been provided by the date of the hearing the motion is moot as to these requests. If not, the Court grants the moton as to these requests. The remaining requests for production of documents addressed in the joint statement are requests nos. 14-29, 49, and 65. Plaintiff's notice, memorandum of points and authorities, and separate s...

Excerpt: ..., Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "Proscribed Drugs") to Decedent...

Excerpt: ...26, 27, 33, 35, 35, and 43 at issue. Plaintff's issue with requests nos. 1-6, 9, 10, 12, 14-16, 23, 26, 27, 36, and 43 is that while the responses indicated that Moreno Valley Unified School District ("District") would comply with the request, they did not say whether the compliance was in full or in part. In response to requests nos. 1, 3-5, 14-16, 23, 26, 27, and 43, District responds without objections and states that it will comply with these...

Excerpt: ...an of El Salvadorian decent who suffered from drug addiction. She alleges on April 3, 2021, a 911 call was placed for decedent who was prone on a public sidewalk and reported recent drug use. At approximately 5:58pm, the fire department and ambulance were dispatched, and decedent was examined and found to be suffering from an overdose. Decedent was transported to Defendant Doctor's Hospital of Riverside, LLC dba Parkview Community Hospital Medica...

Excerpt: ...At the same date and time, Co-Defendant, CHD, LLC dba Adrenaline Lacrosse, ("Adrenaline Sports") sponsored, organized and managed a high school lacrosse event at the Sports Complex, perpendicular to the children's soccer game. Plaintiff alleges that as she watching the game, she was struck with an errant lacrosse ball from the adjacent field where the high school lacrosse game was being played. (FAC '1 15.) The FAC alleges "[dlefendants were resp...

Excerpt: ...of Service of Summons filed in this achon on February 02, 2023, Moving Defendant was served with the Summons and Complaint on June 05, 2020, by substituted service to a cooccupant, Artemio Villicana, who is also named as a Defendant in this case. On March 30, 2023, Plaintiff filed a Request for Entry of Default, and, on the same day, default was entered against Moving Defendant by the clerk of the court. On September 29, 2023, Moving Defendant fi...

Excerpt: ...: On July 6, 2021, Plaintiff, while employed by a staffng agency, was working at Defendants' premises. (Complaint, pg. 4.) Plaintiff was transporting and re-filling Defendants' propane gas tank within their warehouse facility in Perris, California when the propane gas tank exploded and caught fire, causing severe burns to Plaintiff (Ibid.) On June 30, 2023, Plaintiff filed his Complaint in this case, alleging three causes of action for: (1) Gener...

Excerpt: ...12 SHAH VS DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA IMITED LIABILITY COMPANY, DBA PARKVIEW COMMUNITY HOSPITAL MEDICAL CENTER MOTION TO STRIKE COMPLAINT ON COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY, DBA PARKVIEW COMMUNITY HOSPITAL MEDICAL CENTER BY DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA LIMITED LIABILITY COMP...

Excerpt: ... his secretary/paralegal of 21 years left and he had to run the firm on his own for two months. (Decl. of Mark A. Mellor ("Mellor Decl.") at '1 4.) Thereafter, he hired new staff and obtained new case management software. (Mellor Decl. at 5, 9.) He was first notified of the default and default judgment in October 2022, and asked his staff to calendar a follow-up date. (Mellor Decl. at 6-8.) The filing date was mis-calendared, which was his ultima...

Excerpt: ...pear at two consecutive hearings after having been given notice. On 8/10/23, Plaintiffs filed a Motion to Set Aside Default Judgment entered on 5/31/23. Although there had been no default judgment, the court considered the moton as a moton to set aside the dismissal entered on 5/31/23. Plaintiffs requested an Ex Parte to shorten time to hear the Set Aside motion. The Ex Parte request was denied on 8/11/23. Defendants filed their opposition 8/30/2...

Excerpt: ...on 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 Act. Defendants demur to the 5th and 6th causes of action in Plaintiff's complaint. As to the 5th cause of action Ford asserts that the Complaint fails to allege facts sufficient to state a cause of action, including the failure to allege a duty to disclose, and on the...

Excerpt: ...��hole golf course and landscaped areas, called "fingers," that extend into the residential community and create greenbelts between the homes. Homeowners located adjacent to the golf course and/or its fingers generally have paid more for their homes. The Golf Course is currently owned and operated by plaintiffs/Cross-Defendants Majestic Asset Management, LLC and Wintech Development, Inc. and Cross-Defendants Jen Huang and Hai Huang (collectively,...

Excerpt: ...the grounds that the costs are not properly awardable to DWR under the Code of Civil Procedure, the California Rules of Court and relevant case law. Specifically, this Moton based upon the following: (1) The Memorandum of Costs indiscriminately seeks an award against three distinct Plaintiffs without particularizing the costs attributable to each, thereby making it unascertainable which costs are claimed against which party, (2) Item No. 1 in the...

Excerpt: ...ot return her money. On September 14, 2022, Plaintiff filed her complaint alleging claim for medical negligence. Defendant Erik Sahl, D.D.S. ("Dr. Sahl") has now filed three (3) separate motions to compel further responses. As to Form Interrogatories, Set One, Dr. Sahl seeks an order finding Plaintiff has waived all objections, waived the option of producing writings, and seeking to compel further verified responses to Nos. 2.3, 2.4, 14.1, and 17...

Excerpt: ...wned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep ft. City also informed Plaintiff that they would give him a 20-year lease with two 10-year options to extend. In June 2014, RASI delivered a bill of sale for th...

Excerpt: ...the declarations of Maria Diaz and Ernesto Garc:ia. The declaration of Maria Diaz declares as follows: • She is Defendant's HR Director. • On December 15, 2017, in connection with his onboarding with NP, Plaintiff signed a Mutual Arbitration Agreement, attached as Ex. A. • On August 10 2021, Plaintiff signed an updated agreement, attached as Ex. B. • On April 15, 2022, Plaintiff signed another updated agreement attached as Ex. C. • The ...

Excerpt: ...ved from the Equestrian Center. CLPOA terminated the contract effective on or about August 10, 2020. Gardner failed to remove his horse from CLPOA's Equestrian Center until about 7 months thereafter. All the while, CLPOA housed, fed, watered and otherwise sheltered Gardner's horse, at CLPOA's expense, even as the reputation of the Equestrian Center and CLPOA's authority to enforce its Governing Documents was being undermined. On September 22, 202...

Excerpt: ...ndoza and the Court set a Trial Setting Conference for May 9, 2023. At the May 9th TSC, there was no appearance by plaintiff or plaintiffs counsel. The Court continued the TSCto June 14, 2023 and set an order to show cause re: sanctons. On June 14th the Court held the TSC and OSC, at which Plaintiff did not appear and the Court's Minute Order reflected that defense counsel reported there has been minimal contact with plaintiffs counsel in the las...

Excerpt: ...A. ("MA Travis") (collectively, "Defendants") (because 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). Plaintiffs allege Defendants failed to timely refer Chona to an endocrinologist and failed to prescribe the correct medication resulting in their damages. On July 25, 2022, Plaintiffs filed th...

Excerpt: ... before the condominium was damaged in a fire. On November 19, 2021, Plaintiffs filed a Complaint against FN8A alleging breach of contract and negligence related to FN8A's failure to timely pay Plaintiffs' homeowners' insurance premiums. Thereafter, FNBA filed a Cross-complaint against Rockledge Gardens Condominium Association ("Rockledge") and the home insurance carrier, Amica Mutual Insurance ("Amice") seeking to recover attorney's fees and lit...

Excerpt: ...ward Financing, LLC, and when that party breached, Defendant filed an arbitration proceeding. The arbitrator awarded Defendant $33,784.30, which Defendant filed a petition to confirm (CVRI 2100121), and the court granted. Plaintiffs first learned of the agreement when they received notice of entry of judgment. Defendant specially moves to strike the complaint on the grounds that it is trying to enforce a judgment, and therefore protected by the l...

Excerpt: ...eatment for COVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, Page 4 of 7 but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "D...

Excerpt: ...ornia (the "Property"). (Comp'. "14—5.) In September 2022, Davis, as the Sellers' agent, listed the Property for sale. (ld. at 9.) Based on the listing, Plaintiff Kevin Williams Page 11 of 13 ("Plaintiff") contacted Davis and asked about the listing price of nearly and Davis allegedly told Plaintiff that the Sellers would be willing to carry back a sizeable loan secured by a second deed of trust, which would allow Plaintiff to purchase the Prop...

Excerpt: ... as Alzheimer's disease for which he was taking medications, including Aricept and (ld.) He had a secondary diagnosis of hypertension and dementia. (ld.) The report noted that the Decedent was disoriented with aggressive behavior and sundowning behavior. (ld.) For his AOL's, the report noted that the Decedent was able to feed himself, but required assistance with medication management, grooming, and bathing. (ld.) Prior to admission, to Defendant...

Excerpt: ...ruction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep it. City also informed Plaintiff that they would give him a 20-year lease with two 10-...

Excerpt: ...im. Plaintiff alleges that as a sign of his affection added Defendant'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. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her to pay for the burial of her son in law who was ...

Excerpt: ...ul use of the Property for unpermitted weddings, large events, rentals, and ass•uiated activities and improvements, generated noise and traffic issues for the community, causing a public nuisance. (ld. at 4.) On September 25, 2023, the County filed a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County asked the Court to declare that the condition at the Property constituted publ...

Excerpt: ...t One, Propounded Upon Defendant Moreno Valley Unified School District by ARACELI NARANJO Tentative Ruling: Araceli Naranjo and Esther Bravo (collectively "Plaintiffs") were injured when a vehicle they were in was struck by a vehicle owned by Moreno Valley Unified School District ("District"). Plaintiffs contend the vehicle was negligently drive by Kayla Kristine Sullivan ("Sullivan"), an employee of the District, who was operating the vehicle in...

Excerpt: ... discovery process. Pursuant to Code of Civil Procedure section 2023.010, failing to respond to discovery, disobeying a court order or making an evasive response to discovery is a misuse of the discovery pruess. If a party engages in these activities, the court may order the imposition of an issue sanction, an evidence sanction, a terminating sanction or monetary sanction. (Code Civ. Proc„ S 2023.030.) The court has the authority to impose a br...

Excerpt: ...lt was entered on July 13, 2021, and default judgment was entered on January 28, 2022. Notice of entry of default judgment was served on Defendant on June 21, 2022. In this motion, Defendant argues she is entitled to relief pursuant to C.C.P. S 473.5 because she had no actual notce of the lawsuit. She submits several declarations to show she has memory issues due to Alzheimer's. In opposition, Plaintiff argues the motion is untimely, and further,...

Excerpt: ...he following manner: Plaintiff was coming out of the when slipped on a dog toy(bone) that was left on the floor unattended. The Defendants knew or should have known of the dangerous condition in the area, as they were previously advised of the dog leaving toys in a hazardous location. Defendant failed to barricade the area and/or warn of the hazardous condition. The conduct of the Defendants and/or its employees was below the standard of care and...

Excerpt: ...verside ("County"). The Sidewalk was adjacent to a home owned by Defendant Anita Cervantes ("Cervantes"). Plaintiff alleges that the Sidewalk was uneven, cracked and broken. The Sidewalk was raised by the growth of roots from adjacent trees. As a result of the allegedly negligently maintained Sidewalk, Plaintiff tripped and fell, causing serious injuries. On August 5, 2021, Plaintiff filed her Complaint. She asserts one cause of action for Neglig...

Excerpt: ...as Craig Tang, M.D.; and Tiffany Michelle Pierce, M.D. (collectively "Defendants") to render care and medical treatment to him. He contends that Defendants negligently selected hospitals and physicians to treat him and Page 5 of 7 negligently examined, treated and cared for him. He asserts that Defendants also failed to adequately select and monitor their staff. He contends that Defendants' negligence has caused him injury. His wife, Katherine Wr...

Excerpt: ...tion to strike complaint on complaint for Other Contract (Over $25,000) of ELT PLUMBING by SHAWN RYAN Tentative Ruling: This case arises out of contracts entered into between the parties. On February 17, 2022, Plaintiff ELT Plumbing ("Plaintiff") and Defendants Shawn Ryan and Ryan Contractors, Inc. (collectively "Defendants") entered into their first contract ("First Contract"), requiring Plaintiff and his employees to work at Quest Diagnostics i...

Excerpt: ...of this and the FAC is more difficult to follow than the original Complaint was. The following analysis focuses solely on the FAC given this is a demurrer to the FAC). Defendant Junelyn Melon Palmer is the current of a 2nd mortgage loan that is secured against the property by way of a 2nd deed of trust (DOT) dated October 21, 2021. (Comp. 92, Ex. A.) Defendant C.N.A. Foreclosure Services, Inc. is the duly appointed Trustee underthe 2nd DOT. (Comp...

Excerpt: ...da Avenue (unit F) in Jurupa Valley (the "Property"). The City alleged, among other things, that the Defendants erected buildings/structures and conducted demolition on the Property without obtaining a building permit and that the Defendant have continued to use and or occupy the unpermitted structures. (See Complaint, "1 11-24.) Defendants' defaults were entered on January 11, 2021. In September 2021, the court denied Defendants' motions to set ...

Excerpt: ...xtended Care. She contends that upon admission, she was deemed a fall risk due to her unsteady gait. The First Amended Complaint (FAC) alleges that Defendant 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 Page...

Excerpt: ...nd states: The verdict may be vacated and any other decision may be mulified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either par...

Excerpt: ...confer efforts do not appear to address RFP No. 36.) The Court continued the hearing to October 27, 2023 and ordered the parties to further meet and confer, and ordered a status report about 7 days before the hearing. The parties filed Joint Status Report on their further meet and confer efforts on October 20, 2023. Joint Status Report On October 20, 2023 the parties met and conferred to attempt to resolve the outstanding discovery disputes. The ...

Excerpt: ...rive by Kay a Kristine Sullivan ("Sullivan"), an employee of the District, who was operating the vehicle in the course and scope of her employment. Plaintiffs contend that Sullivan made a negligent and/or illegal turn maneuver that caused the accident. The complaint contains three causes of action for negligence — 1 motor vehicle, (2) general negligence, and (3) negligence giving rise to vicarious liability of public entity. Plaintiffs bring th...

Excerpt: ...e the prevailing party entitled to seek an award of costs ($129,240 in damages plus costs). Defendant contends the Notice of Entry of Judgment was not served on Defendant. On August 22, 2023, Plaintiff filed and served her Memorandum of Costs seeking to recover the following: • Jury Fees: $590.24 • Deposition Costs: $5,523.89 • Service of Process: $50 • Court Reporter Fees: $13,265 • Models, Enlargements, Photocopies: $958.03 • Electr...

Excerpt: ...ascus Road before it was safe to do so. Due to this failure, Defendant drove her vehicle across the northbound lane directly in front of Plaintiff Araceli Naranjo's ("Plaintiff') vehicle, which was traveling northbound on Nason Street. This caused Plaintiff's (a sedan) to collide into Defendant's vehicle (a truck owned and maintained by Defendant Moreno Valley Unified School District ("MVUSD") at a speed of 40 mph. Plaintiff sustained debilitatin...

Excerpt: ...vises, and oversees the school district where Eleanor Roosevelt High School is located. (ld. at 2.) At all relevant times, Defendant Greg Anderson ("Anderson") was the principal of Eleanor Roosevelt High School. (ld. at 6.) On August 7, 2023, Plaintiff filed his operative Third Amended Complaint ("TAC"), alleging (1) violation of civil rights (42 U.S.C. S 1983) (against Quinonez); (2) interference with the exercise of civil rights (Civ. Code S 52...

Excerpt: ...endant"). She contends the vehicle has serious defects and nonconformities. The complaint contains the following causes of action: (1) violation of Civil Code S 1793.2(d); (2) violation of Civil Code S 1793.2(b); (3) violation of Civil Code S 1793.2(a)(3); (4) breach of express written warranty; and (5) breach of the implied warranty of merchantability. Plaintiff brings these motions seeking to compel further responses to form interrogatories nos...

Excerpt: ...tive Complaint alleging violations of the Consumers Legal Remedies Act (CLRA), intentional misrepresentation, concealment, negligent misrepresentation, breach of implied warranty of merchantability, violation of the Federal Odometer Act, and violation of Business and Professions Code 517200. The RISC contains an arbitration provision that provides, in pertinent part: Any claim or dispute, whether in contract, tort, statute or otherwise (including...

Excerpt: ..., and after his delivery was below the standard of care and constituted professional negligence, which caused multiple personal injuries. Plaintiff filed his Complaint on 7/11/23 alleging two causes of action: 1) professional negligence/medical malpractice; and, 2) negligent hiring/supervision/retenton. *** Counsel for Defendant, Desert Regional Medical Center (DRMC), Haig Arabian, filed a meet and confer declaration in compliance with CCP S 430....

Excerpt: ...reas, called "fingers," that extend into the residential community and create greenbelts between the homes. Homeowners located adjacent to the golf course and/or its fingers generally have paid more for their homes. The Golf Course is currently owned and operated by plaintiffs/Cross-Defendants Majestic Asset Management, LLC and Wintech Development, Inc. and Cross-Defendants Jen Huang and Hai Huang (collectively, "Majestic"). The Golf Course has t...

Excerpt: ...is "On receipt of a response to a demand for inspection .„, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general." (CCP 52031.310(a).) CCP provide...

Excerpt: ...rs disposing of cases on the merits. He further requests that the writ of execution entered on 7/19/23 be recalled and/or quashed. In Opposition, Plaintiff contends any relief sought pursuant to CCP S 473(b) is untimely and Defendant was properly served. There was no Reply as of this memo. Analysis CCP S 473(d) provides that a Court may set aside a judgment or order that is void as a matter of law. An order or judgment may be void as a matter of ...

Excerpt: ...r 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; the Trust relied on the old monuments to ...

Excerpt: ...he mother of decedent, Shiloh Shah ("decedent"). Plaintiff alleges decedent was an indigent man of El Salvadorian decent who suffered from drug addiction. She alleges on April 3, 2021, a 911 call was placed for decedent who was prone on a public sidewalk and recent drug use. At approximately 6:58pm, the fire department and ambulance were dispatched, and decedent was examined and found to be suffering from an overdose. Decedent was transported to ...

Excerpt: ... relevant employment records. Defendant also requests sanctions of $2,560. Plaintiff states that she has not claimed or asserted at any time that she claims damages related to treatment provided her for medical, psychological, or psychiatric care by any healthcare provider. In her declaration filed simultaneously herewith she states she will not offer evidence of her seeking or obta-ning any medical, psychological, psychiatric, or other treatment...

Excerpt: ...her Relief. As to Defendant Dashonda Hopper ("Hopper"), the proof of service, filed April 6, 2023, indicates that the People served Hopper on April 5, 2023 by personal service at 31948 Poppy Way, Lake Elsinore. On June 6, 2023, the court clerk entered Hopper's default. As to Defendant Donae Lee ("Lee"), the proof of service, filed May 4, 2023, indicates that the People served Lee on April 5, 2023 by personal service at 31948 Poppy Way, Lake Elsin...

Excerpt: ... of action under the Song Beverly Act (SBA): 1) violation of Civ. Code S 1793.2(d); 2) violation of Civ. Cade S 1793.2(b); 3) violation of Civ. Code S 4) violation of Civ. Code SS 1791.2(a), 1794; and 5) breach of the implied warranty of merchantability. Plaintiff asserts that after nearly a year and a half of litigation, the parties agreed to settle the matter. GM agreed to repurchase Plaintiff's vehicle, and pay him a civil penalty for not doin...

Excerpt: ... parties were to pay to the attorney-client trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Wynne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285mo) within 60 days of the executon of the Binding Term Sheet. (Complaint...

Excerpt: ...other, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Pro#rty") and continued contributing to the mortgage every Page 5 of 7 month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp., 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Ex...

Excerpt: ...filed forthwith, but one has not yet been filed. This is a PAGA acton. Plaintiff Cynthia Miller alleges she was employed by defendant Barry's Security Services, Inc. from May 2021 to June 2021 as a non-exempt employee. During her employment, Defendant allegedly failed to pay overtime, failed to provide meal and rest periods, failed to pay minimum wages, failed to pay timely wages during employment and upon termination, failed to provide accurate ...

Excerpt: ...proper medical treatment, as Dr. Largoza denied requests for medical service. Dr. Kuersten denied his requests for medical tests, blood work and CT scans. The SAC complaint, filed 3/21/22, asserts: (1) general negligence (against Mariana Lotersztain); (2) general negligence (against Nonato Largoza); (3) general negligence (against Martin Kuersten); (6) general negligence (against Wade Faerber); (8) general negligence (Chancellor Daniel, P&S, Cali...

Excerpt: ...t, and made a timely demand for UIM benefits, and arbitration under his auto Defendant, Interinsurance Exchange of the Automobile Club (Exchange) has failed and refused to engage in contractual binding arbitration. Plaintiff filed his Complaint on 7/7/23 alleging four causes of action: 1) an order to compel UIM binding arbitration; 2) an order appointing an arbitrator; 3) an order that arbitration be completed by a date certain; and, 4) an order ...

Excerpt: ... Filing & Motion Fees: $520.04 Jury Fees: $266.91 Deposition costs: $15,627.64 service of Process: $2,601.70 Witness Fees: $101,518.90 Other (subpoenas, transcripts, trial tech): $94,959.58 Plaintiff brings the instant motion to tax costs contending Defendant's January 13, 2021 CCP 5998 offer was invalid. Plaintiff argues the 998 offer was not made in good faith. Plaintiff further argues the amount of costs is unreasonable, citing the unreasonabl...

Excerpt: ...ember 10, 2020 automobile accident. On April 20, 2023, Plaintiff served Defendant with Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by two separate motions to compel Defendant to provide initial responses to FROGS and RFPs. Plaintiff requests an award of sanctions in the amount of $2,060 on each motion ($4,120 total). In...

Excerpt: ...ation that state law and the governing documents of two common interest developments ("CIDs") permit Pettioners Matthew and Rebecca Parsons to rent their property as an STR without a thirty- day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction...

Excerpt: ... In October 2012, Thelma and her mother, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Property") and continued contributing to the mortgage every month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp. , '1 7.) The deed of trust was recorded on October 3, 2012, and names D...

Excerpt: ... LLC ("Breit") and managed by Greystar California, Inc. ("Greystar") (collectively with Breit "Defendants"). Plaintiff asserts that in June 2021, there was a water leek on the subject property. When plumbers removed a portion of the drywall, they discovered black mold. Plaintiff hired a mold testing company and determined that there were high levels of Chaetomium and Stachybotrys throughout the property. Additionally, Plaintiff alleges that water...

Excerpt: ...ssignment. Now before the Court is Judgment Creditors' motion for an assignment order, pursuant to Code of Civil Procedure section 708.510 et seq. The judgment was originally entered on September 25, 2008, and thereafter renewed on August 30, 2018, and a notce of renewal of judgment was filed on that same date. By way of this motion, Judgment Creditors seek an order to assign to the Judgment Creditors any of Judgment Debtors' rights to payment du...

Excerpt: ...v-ded BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company ("RAT C") (collectively "Plaintiffs"). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker individually ("2018 Indemnity Agreement"). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement ("2019 Indemnity Agreement." ) Plaintiffs...

Excerpt: ... This is a lemon law case. On April 28, 2019, Plaintiffs purchased a 2019 Chevrolet Silverado 1500, which was manufactured and distributed by GM. (Compl. '1 6.) The subject vehicle came with an express warranty that the vehicle would be free from defects in materials, nonconformity, or workmanship during the applicable warranty period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at '1 10.) During the warranty...

Excerpt: ...fendant violated the CC&Rs by failing to paint all wood areas on the outside of his residence. Beginning in 2019, Plaintiff notified Defendant of the violation to the CC&Rs. Plaintiff alleges that Defendant has failed to take any steps to correct this violation. The complaint asserts a cause of achon for breach of the CC&Rs and governing documents and one for declaratory relief. Defendant was personally served on 10/27/22. Default was entered on ...

Excerpt: ...o the roof, the Defendants failed to make any timely or proper repairs. After a second roof leak occurred in the same location, Defendants hired an unlicensed handyman to put a tarp on the roof, which remained from approximately 12/15/21 through 2/10/22. Plaintiffs allege the tarp was not even placed properly on the roof, did nothing to prevent leaks and water intrusion, and was hanging off of the roof, allowing chronic water and moisture intrusi...

Excerpt: ...veloped defects and non-conformiäes, including a Transmission Defect and Steering Defect. Plaintiff delivered the Subject Vehicle to authorized repair facilities, including Defendant Lake Elsinore Chrysler Dodge Jeep Ram ("Lake Elsinore"), on multiple occasions. However, Defendant was unable to repair the defects. Plaintiff requested that Defendant repurchase the Subject Vehicle, but Defendant refused. Plaintiff filed his Complaint on August 18,...

Excerpt: ...the declarations of Maria Diaz and Ernesto Garc:ia. The declaration of Maria Diaz declares as follows: • She is Defendant's HR Director. • On December 15, 2017, in connection with his onboarding with NP, Plaintiff signed a Mutual Arbitration Agreement, attached as Ex. A. • On August 10 2021, Plaintiff signed an updated agreement, attached as Ex. B. • On April 15, 2022, Plaintiff signed another updated agreement attached as Ex. C. • The ...

Excerpt: ...ary sanctions of $10,000 due to Defendant CoreMarks spoliation of evidence, i.e. the surveillance video. When Plaintiff requested the video in RFPs, Defendant did not produce the original video, but rather, a video shot from a cellphone depicting the surveillance video on a computer screen, which does not show the entire screen or in real time. Defendant confirmed that the video was lost. Plaintiff asserts Defendant had a duty to preserve the vid...

Excerpt: ...t and confer discussion with Plaintiff. (See Declaration of Alexander A. Schindler, 3-9.) Accordingly, the court deems the HOA's statutory obligation to meet and confer to have been satisfied. Factual / Procedural Context: Plaintiff, John P. Kloss, filed a Petition for Court Order Approvng Amendment to Bylaws, or in the alternative, to Reduce the Number of Votes Required to Elect Members to the Board of Directors. (Corp. Code S 7515; Civil Code S...

Excerpt: ...and (2) general negligence. On November 8, 2022, Plaintiffs filed their First Amended Complaint ("FAC"), alleging the same causes of action against Larkins. At the time of the December 23, 2019 accident, Larkins had a personal automobile with Defendant-in-Intervention Liberty Fire Insurance Company ("Defendant"). (Williams Decl. 2.) Larkins passed away on August 4, 2021. (ld. at '1 5.) On January 6, 2023, Plaintiffs filed a Proof of Service of Su...

Excerpt: ...nted in that Plaintiff's mere conclusions are insufficient to state a claim and because the available facts suggest that Plaintiff's claims were remedied and/or were not sufficiently material so as to give rise to any lability against Defendants. In opposition, Plaintiff asserts that the Complaint is sufficient. Plaintiff has alleged that the Defendant failed to do two things that are required by the statute. These are not conclusions. They are f...

Excerpt: ...eges that Rancho Verde High School is owned by Defendants Val Verde, RCOE and Riverside County Special Education Local Plan Area (RCSELPA.) (SAC '1 17.) Plaintiff alleges he was injured when he fell from the heights of a second-floor balcony at the school premises after being unsupervised, inadequately supervised, and/or unobserved by Defendants' adult attendant employees causing injuries and damages including but not limited to, orthopedic and h...

Excerpt: ...2 alleging claims for: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; (3) Violation of Song-Beverly Act, Section 1973.2. Trial is set for November 9, 2023. *** Plaintiffs move to compel further responses to Requests for Production of Documents, Set Two, Nos. 1-17, contending that Defendant served boilerplate objections. Plaintiffs assert that the requests seek re...

Excerpt: ...liability; (4) premises liability; and (5) negligent entrustment. On 9/27/23, Defendants filed a Second Amended Answer that asserted 19 affirmative defenses. Plaintiff moves for summary adjudication of the 1st-5th, 8th and 14th causes of action. Plaintiff worked at Defendant Core-Mark's facility via a staffing agreement with Instawork, i.e. gig worker. She contends neither Core-Mark nor Instawork ever obtained worker's compensation coverage, and ...

Excerpt: ...endants and people on their made false statements that Ryan Wicks owed Wicks Brewing Co., LLC and that the owner of Wicks Brewing Co, LLC was a murderer. The posts harmed Plaintiffs reputations and resulted in Wicks Brewing Co., LLC going out of business. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) defamation, (2) false light, and (3) negligence. This motion is brought by Bryan J. Boeldt an...

Excerpt: ...l 17, 2018, Defendants Jose Gaitan ("Ga-tan") and Maria Hagenah ("Hagenah") entered into a credit agreement with LIFPR for the purchase of lumber. Plaintiff contend that Gaitan and Hagenah formed alter ego business entities Lingus, Inc., JC Logistics International, LLC, Furniture Innovatve Designs, LLC and Woodply, LLC ("San Diego entities"), which all share the same address in San Diego, California, as well as Defendant Carpimat Del Noroeste, a ...

Excerpt: ...wo) Nos. 1 through 3, the separate statement identifies RFPs 22, 23, 24, 25, and 26. Plaintiff moves on the grounds that Defendant did not submit proper response to these RFPs and therefore the court should compel further response. In opposition, Defendant asserts that the RFPs in question seek information protected by the attorney work product doctrine as codified at Code of Civil Procedure S 2018, et al., and as such are improper discovery. In ...

Excerpt: ..., LLC ("GM") regarding a 2021 Chevrolet Silverado 15CK) (the "Subject Vehicle"). (Complaint, 96.) Plaintiff alleges that her 2021 Chevrolet Silverado 1500 vehicle, which was manufactured and distributed by GM, suffers from widespread defects—including the Transmission Defects—and that GM has unable to repair the vehicle within a reasonable of attempts. Plaintiff also alleges that GM knew that the vehicle suffered from prevalent defects, but n...

Excerpt: ...rain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle. Plaintiff alleges that Defendant refused in violation of the Song Beverly Consumer Warranties Act ("Song Beverl...

Excerpt: ...erly (express warranty); (2) violation of Song-Beverly (implied warranty); (3) Civ-l Code 51793.2, and (4) fraudulent inducement/concealment. Trial is not set. Plaintiff moves to compel further responses to requests for production, nos. 1-64, contending that Defendant served boilerplate objections. He contends that Defendant was aware of the transmission defects in multiple vehicles. He asserts the information is directly relevant to the civil pe...

Excerpt: ...rake system defects, engine defects and body defects that Ford's authorized repair facility, defendant Hemborg Ford ("Hemborg"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on May 18, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, and a fifth cause of action for negligent r...

Excerpt: ... 1/12/23, Plaintiff filed a notice of settlement. Plaintiff moves for attorney fees of $38,323.53, consisting of $24,178.50 in fees, a 1.35 multiplier, $2,182.65 in costs and for drafting this motion. The parties settled after Plaintiff accepted Defendants' CCP 5998 offer. Plaintiff discusses the procedural history and contends the amount is reasonable. Plaintiff contends there is no duplication. Plaintiff argues a multiplier is warranted due to ...

Excerpt: ...in order for Defendant to save money. ("17, 18.) Plaintiffs allege this made the home not level. ('120.) Since the home is not level, an infiltration of water, dust, pests, air, and other pollutants has occurred. (921.) Due to the water infiltration, the home is contaminated with poisonous black mold. (922.) Plaintiffs assert the home is unsafe for human occupation. (923.) Plaintiffs filed the instant Complaint against Defendant on May 26, 2022 a...

Excerpt: ...indenture. On 6/14/23, County filed a declaration of summary basis of appraisal for just compensation of $49 and $1,350. County moves for prejudgment possession of two slope easements, a temporary construction easement and a road easement. County has deposited the probable compensation ($1,850) with the California State Treasurer. It has an overriding need for possession as it proposes to widen the median and shoulders along Gilman Springs Road f...