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...

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...