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

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...