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: ...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: ...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...