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: ...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: ...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: ...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: ...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: ...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...