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...

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