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: ..., 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: ...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: ...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: ...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: ...��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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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 ...