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...

Excerpt: ...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 $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her credit card; and 3...

Excerpt: ...ase”) with defendant Maham Corp. to rent property located at 12860 Perris Blvd., Unit D -7 in Moreno Valley, where Trapp had lived for 24 years prior. The Lease contained two options to purchase the property. Trapp exercised both options to purchase the property, the first in 2018 for $110,000 and then a second in 2019 for $169,000, both of which Maham breached. Trapp filed a civil lawsuit seeking specific performance for the sale of the pro...

Excerpt: ...nder the rules currentl y applied by the Department, they are auto -assigned rates exceeding 70 percent in Riverside County and 60 percent in San Bernardino County. They allege that the Department unveiled a new auto -assignment algorithm that will result in Defendants receiving fa r fewer Medi -Cal members. They argue that these changes were not made pursuant to the requirements in the Administrative Procedure Act (“APA”). The complaint asse...

Excerpt: ...al interest to be ser ved or some particular right to be preserved or protected over and above the interest held in common with the public at large.'” (Holmes v. California Nat. Guard (2001) 90 Page 6 of 13 Cal.App.4th 297, 315.) “This interest must be concrete and actual, and must not be conjectural or hypothetical.” (Iglesia Evangelica Latina, Inc. v. S. Pac. Latin Am. Dist. Of the Assemblies of God (2009) 173 Cal.App.4th 420, 445; Associ...

Excerpt: ... this case. After a trial in this case, on December 12, 2023, this Court Page 3 of 7 issued a Final Statement of Decision in favor of Plaintiff Association. Plaintiff Association is the present assignee of the interest in a 2007 Performance Deed of Trust encumbering the golfcourse. (Final Statement of Decision, pg. 1.) In 2015, a judgment was entered in the prior case in favor of Association that it is entitled to the remedy of foreclosure on its...

Excerpt: ... problems with the vehic le. Plaintiffs presented the vehicle for repair, but Defendant was unable to conform the vehicle to the applicable warranties. 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 warranty under the SongBeverly Act, and (3) Vio...

Excerpt: ...sign and manufacturing def ect; strict liability – failure to warn; and res ipsa loquitor. In the Complaint, Plaintiff alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purch...

Excerpt: ... 22, 2023 (the “Policy”). Plaintiffs filed the original complaint on August 2, 2023 and the operative First Amended Complaint (“FAC”) on October 13, 2023. The Resolution bans “Critical Race Theory or other similar frameworks” in the classroom. In particular, the Resolution bans te aching of the following five elements of Critical Race Theory (“CRT”): 1. Racism is racial prejudice plus power, a concept that is often used to argue...

Excerpt: ...efendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, City approved RASI's development and construction 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...

Excerpt: ...ailure to timely file proof of service on complaint pursuant to CRC 3.110(b & f). A motion to set aside a dismissal is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a dismissal under CCP §473(b) must be based on either: declara tions or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in whic...

Excerpt: ... property to t he south. 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 inte nded 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 o...

Excerpt: ...ention to resign or retire” (SAC ¶ 12) The SAC alleges sometime that day, DeSantis struck a “secret deal” with former Mayor Yxstian Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a “settlement agreement” to pay DeSantis “an enhanced settlement package worth over $300,000” (SAC ¶ 13) After the closed session, Early “reported out of closed session defendant DESANTIS' notice of resigna...

Excerpt: ...ility – failure to warn; and res ipsa loquitor. In the Complaint, Plainti
¯ alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skylines jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purchase and installation of products at the jo...

Excerpt: ...acility Act (Bus & Pro Code §§ 21700) and (2) violation o the Unlawul, Unair or Fraudulent Business Acts and Practices (Bus & Pro Code §§ 17200 et seq) On 5/31/2023, the Court dismissed the entire action without prejudice (Order o Dismissal was Þled by the Court on 6/5/2023) Plainti
¯s had ailed to appear at two consecutive hearings ater having been given notice On 8/10/2023, Plainti
¯s Þled a Motion to Set Aside the dismi...

Excerpt: ...co San Diego, and Randall Hoover • CVRI2306261: Plainti
¯s Michael Manzanarez and Keith Koko; Defendants Sysco Corporation and Sysco Riverside, Inc The causes of action in CVRI2203227 are: 1 Violation of Labor Code §11025 (all plainti
¯s) 2 Wrongful constructive termination in violation of public policy (all plainti
¯s) 3 Negligent hiring, supervision, and retention (all plainti
¯s) 4 Age discrimination (all plainti
¯s) 5 Associati...

Excerpt: ... CRYSTAL GALO Tentative Ruling: Motions by Plainti
¯ to Compel Responses to Request for Production of Documents, Set One and to Compel Responses to Form Interrogatories Set One were Þled on 12/21/23. Notice was given by electronic mail on 12/21/2023 regarding the motion and hearing date. Any response would need to be Þled and served 9 court days prior to the hearing (CCP 1005). The Court has not received any opposition to these motions. Accord...

Excerpt: ...inti
¯ alleges that during the warranty period, the Subject Vehicle developed nonconformities, including a transmission defect which causes the vehicle to experience hesitation, delayed acceleration, harsh or hard shifting, jerking, shuddering and/or juddering (“Transmission Defect”). Plainti
¯ asserts that, despite its inability to repair the Subject Vehicle, Defendant refuse to repurchase the vehicle in violation of the Song Beverly Consu...

Excerpt: ...ndants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and tra
¯ic issues for the community, causing a public nuisance. (Id. at ¶ 4.) On September 25, 2023, the County Þled 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 ...

Excerpt: ...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 Þled 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 said care and it would ...

Excerpt: ... Blvd. in Perris (“property”). On June 15, 2019, Plainti
¯'s predecessor, 420 Harley Knox, LLC, a California LLC (“Prior Landlord”), entered into a lease with Defendant COTC Management, LLC (“COTC”) for the property. On July 27, 2021, Prior Landlord and Tenant entered into that certain First Amendment to Lease (“First Amendment”), whereby Defendants 420-1, LLC (“420-1”) and 420-3, LLC (“4203) were added as additional tenant...

Excerpt: ...Defendants”), alleging (1) violation of the California Self-Service Storage Facility Act (Bus. & Prof. Code §§ 21700) and (2) violation of the Unlawful, Unfair or Fraudulent Business Acts and Practices (Bus. & Prof. Code §§ 17200 et seq.). On 5/31/2023, the Court dismissed the entire action without prejudice (Order of Dismissal was Þled by the Court on 6/5/2023). Plainti
¯s had failed to appear at two consecutive hearings after having bee...

Excerpt: ...�'s vehicle. Defendant Patricia Solis is alleged to own the vehicle operated by Analley Solis (“Solis Defendants”). Plainti
¯ Þled the complaint on November 10, 2022, alleging 1) motor vehicle negligence; and 2) general negligence. On July 20, 2023, the Solis Defendants Þled a Notice of Settlement and simultaneously Þled an Application for Determination of Good Faith Settlement. Plainti
¯ Þled an Objection to the Notice of Settlement on...

Excerpt: ...various warranties, including a 4-year/50,000-mile express bumper to bumper warranty, a 4-year/50,000-mile powertrain warranty. Plainti
¯ asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, emission, steering, electrical and suspension defects. Plainti
¯ delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to r...

Excerpt: ...igence; and 2) premises liability Page 3 of 11 Defendant Forge Partners LLC (“Defendant”) (owner of the property) now moves for summary judgment on the ground there is no issue of material fact as the allegedly unsafe condition was “open and obvious” and there was no necessity that Plainti
¯ encounter the allegedly unsafe condition Defendant argues Plainti
¯ was leaving her daughter's apartment in the afternoon and stepped o
¯ the co...

Excerpt: ...NT ON 2ND AMENDED COMPLAINT FOR OTHER COMPLAINT (OVER $25,000) OF JASON HUNTER Tentative Ruling: This action for recovery under the California False Claims Act (“CFCA”) at Government Code, § 12650, et seq. has been brought by Plainti
¯ Jason Hunter in a representative capacity on behalf of the public. The Second Amended Complaint (SAC) revolves around a City Council closed session meeting that occurred on 12/10/19 when former City Manager T...

Excerpt: ...eges causes of action for (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation of Civil Code § 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794, and 1795.5.) SpeciÞcally, Plainti
¯ alleges that his 2021 GMC Yukon Denali, which was manufactured and distributed by Defendant, su
¯ers from widespread defects—including the Electrical Defects—and that Defe...

Excerpt: ... Street – LLC, American R.V. and Boat Storage and Richard Fell dba Fell Capital Management (collectively, “Defendants”). On January 31, 2023, the court granted Defendants' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plainti
¯s failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. The court subsequently denied Plainti
¯s' motion ...

Excerpt: ...ong-Beverly Act (against VWGoA); (3) Violation o Civ. Code § 1793.2(a)(3) o Song-Beverly Act (against VWGoA); (4) Breach o the Implied Warranty o Merchantability (against VWGoA); (5) Negligent Repair (against Moss); and (6) Violation o the Magnuson-Moss Warranty Act (against all Deendants). Plainti
¯ alleges that, on July 25, 2020, she entered into a warranty contract with VWGoA regarding a 2020 Volkswagen Tiguan. (Compl. ¶ 8.) The warra...

Excerpt: ...ant David Orozco Pliego, an employee of the City of Riverside (“O
¯icer Pliego”), was operating a vehicle traveling on Central Avenue in the same direction ahead of Plainti
¯'s vehicle in the number two (2) lane, the lane next to Plainti
¯ P l a i n t i
¯ alleges that O
¯icer Pliego suddenly, and without warning, made a U-turn from the number two (2) lane, causing Plainti
¯ to collide with O
¯icer Pliego's vehicle Plainti
¯ alleges ...

Excerpt: ...nd Sunbelt Rentals, Inc. made claims against the bond which exceed the sum of the bond. On January 26, 2023, Plaintiff filed its limited complaint in interpleader. On March 29, 2023, N&J, LLC ("N&J") filed a cross complaint alleging it is the owner of the property where the construction services were performed that are the subject of the bond claims. N&J alleges the following eight (8) causes of acton: 1) breach of written contract; 2) breach of ...

Excerpt: ...d Eric Flores, individually ("Flores") (collectively, "Plaintiffs"), filed their operative Second Amended Complaint ("SAC") against Defendants American Logistics Company, LLC; AmLogCo, LLC; and Star Patient Transport, LLC (collectively, "Defendants"), alleging (1) Elder Abuse and Neglect (Welt & Inst. Code S 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4) Wrongful Death. The SAC alleges that, o...

Excerpt: ...fendant in addition to the current Defendant, Robin Shea. On 5/5/22, the Court sustained Desiree's Demurrer without leave to amend based on the same analysis included below. Plaintiff appealed and the remittitur issued on 11/27/23 after denying Plaintiffs request to vacate the dismissal of the appeal. As such, what follows below is almost identical analysis to the demurrer based on the same arguments. A defendant's motion for judgment on the plea...

Excerpt: ...ded Care), is alleged to be a licensed 24-hour skilled nursing facility (SNF) located at 8171 Magnolia Avenue in Riverside. Plaintiffs allege that Decedent was over 65 years of age with physical and mental limitations that restricted her ability to carry out normal activities. She was admitted to Extended Care on 7/21/22, which was to provide care or services to Decedent as her "care custodians" in a trust and fiduciary relationship. Decedent was...

Excerpt: ...dants asserting causes of action for (1) quiet title, (2) fraud, and (3) conversion. Defendants demurred to the FAC, and on October 27, 2023, the Court sustained the demurrer with 30 days leave to amend. Plaintiff did not file a Second Amended Complaint ("SAC"). On December 5, 2023, Defendants filed a request for dismissal of the achon as to them for failure to file an amended complaint, pursuant to C.C.P. S 581(f)(2). On December 20, 2023, the C...

Excerpt: ... that the vehicle developed certain defects during the warranty period that substantially impaired the use, value, or safety of the vehicle, but AHM failed to conform the vehicle to the terms of the express warranty after a reasonable number of repair attempts. (FAC, 11-14.) The nonconformities Plaintiff complains of include, but are not limited to: transmission defects; infotainment defects; engine defects; electrical defects, among other defect...

Excerpt: ...mental declaration that includes billing statements to reflect the Page 3 of 4 work completed since October 17, 2021. In response to the court's order, the HOA submitted the Supplemental Declaration of Rian W. Jones ("Supp. Jones Decl."), which includes counsel's billing records as Exhibit A. As reflected in the declaration and billing records, counsel's lodestar is $124,290, which is based upon 267.20 hours at $450/hour plus an additional 9 hour...

Excerpt: ... and 3rd Causes of Action, the demurrer is overruled. Motion to Strike is denied. Motion for a protective order is moot. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. CCCP, S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of university of California (1990) 5...

Excerpt: ... noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 95...

Excerpt: ...sts for Production ("RFPs"). Plaintiff timely opposed all three motions but failed to request oral argument after the court posted fts tentative ruling. On November 17, 2023, the court adopted its tentative ruling and granted all three motions and imposed sanctions against Plaintiff in the total amount of $4,205. Plaintiff now moves to set aside the order granting the motions to compel and imposing sanctions. Plaintiff argues that she is entitled...

Excerpt: ...arly 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, ingress to and egress from, the distribution center, which has led to violence and threats of violence. (Complaint, '1 1.) The allegedly unlawful conducts include using human blockades consisting of 20-40 union picketers and traffic cones to blocking the only availab...

Excerpt: ...ng injuries. Plaintiff is also suing the store manager (DOE 1) alleging he is responsible for maintenance of the store at the time of the incident including ensuring a policy was in place, and that employees were properly trained and tasked with maintenance. Plaintiff filed his Complaint on 9/25/23 alleging two causes of action for general negligence and premises liability. *** Defendant, Costco, brings this moton to disqualify Plaintiff's counse...

Excerpt: ...ng this lawsuit, leading Plaintiff to dismiss her claims against him, and consequently, there is no cause of action against Perpetrator. The Complaint alleges that Plaintiff was sexually assaulted and battered by Gonzales from 1977 to 1981. Plaintiff alleges that her initial contact with Gonzales and his family stemmed from her father and Gonzales attending the sheriff academy together. (Complaint 15.) The Complaint alleges that during the period...

Excerpt: ...e secton 41600 et seq. and that officers where compared to one another based on the average number of citations. Plaintiff alleges that the Department retaliated against those officers refusing to participate in and/or reported the unlawful citation and arrest quota. Plaintiff alleges he reported the illegality of the citaton quota system to his superiors and suffered numerous, negative job consequences as a result. Plaintiff filed his Complaint ...

Excerpt: ...uthorized repair facility, defendant Ford of upland ("Upland"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on June 27, 2023, and the operative First Amended Complaint ("FAC") alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, a fifth cause of action for fraudulent inducement — con...