Excerpt: ...to detective a nd in April 2016 she became the first female in the Inland Empire to become a public bomb safety technician. Plaintiff alleges she routinely received excellent reviews, but was subject to discrimination, harassment and retaliation while on TSU. She was d enied a properly fitted bomb suit, denied training opportunities provided to male members of the team, subjected to sexually charged comments, her desk was vandalized, she was ex...

Excerpt: ... this, Defendants alleged ly failed to properly compile, account for, and pay Plaintiff for the hours she worked. The complaint asserts the following causes of action: (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to timely pay wages upon termination, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to indemnify for business expenses, and (7) unfair competition. Defendants co...

Excerpt: ...ation: (1) the first and second causes of action based on the report to the California Department of Justice; and (2) the first and second causes of action based on the entry on the County's JIMS website. As to the first issue, Defendant County met its burden of producing evidence demonstrating a complete defense based on the absolute and qualified privilege under Civil Code section 47, subdivisions (b) and (c). Once the burden shifted, Plain...

Excerpt: ...hat the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.” A provisional remedy includes an injunction. (Id. at §1281.8(a)(3).) In order to obtain an injunction, the court must consider the likelihood of success and whether the moving party will suffer irreparable harm if the injunction is not issued. (Jay Baharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443.) The applicant must...

Excerpt: ... answer to r emaining causes of action within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiffs, Oscar and Patricia Zamorano, allege that Defendant, Jorgen Harjo, is a sales person/employee of Defendant, Energy Serv ice Partners, Inc. dba ESP Contracting (ESP), which is a partner to Defendant, Goodleap, LLC (Goodleap). Plaintiffs allege Harjo represented to them that he was selling solar, which ...

Excerpt: ...(“Defendant”). (Compl. ¶ 6 –7, 12; Kaneko Decl. ¶ 5, Ex. 4.) The Sales Contract included an “Arbitration Provision” which provides, in relevant part as follows: 1. Either you or we may choose to have any dispute between us decided by arbitration and not in court or by jury trial. . . . Any claim or dispute, whether in contract, tort, statute or otherwise . . . between you and us . . . which arises out of or relates to your credit appl...

Excerpt: ...vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty, and emission warranty. (FAC, ¶ 7.) Plaintiff alleges that certain defects and nonconformities manifested themselves within the applicable express warranty period that substa ntially impaired the use, value, or safety of the vehicle, including “transmission defects, infotainment defects….” (FAC, ¶¶ 11, 12.) Plaintiff presented the vehicle on var...

Excerpt: ...ll or substantially all of its assets to ORT, such that ORT is the alter ego of OR. Plaintiff further alleges that OR has been stripped of its assets to render it judgment proof in the present action. Defendant ORT now brings this Demurrer to each cause of action in the TAC for failure to state facts sufficient to constitute a cause of action, and for uncertainty. (CCP §§ 430.10(e),(f).) Here, the TAC alleges that “all defendants were acting ...

Excerpt: ...��Individual Defendants”) are her former supervisors and managers. The DA's office consists of various units which specialize in prosecuting different categories of cases. In 2011, Plaintiff was placed in the Special Prosecutions Unit, White -Collar Crime (“White Crime Unit”), prosecuting auto i nsurance fraud cases. She spent eight years in the White Crime Unit, and became an expert in the field. (Complaint, ¶¶ 16, 24.) In June 2013, Pl...

Excerpt: ... attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP §§ 2025.450(h); 2030.290(c); 2031.300(c).) “To the extent authorized by the chapter governing any particular discovery method . . . the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in condu...

Excerpt: ...its counsel, represents in its opposition that it has served supplemental responses to Plaintiff as to the at -issue RFPs. Plaintiff argues, however, that Plaintiff has not received these supplemental responses, which FCA has failed to include with its supporting decla ration. Therefore, the motion is granted to the extent FCA is compelled to re -serve the verified supplemental responses to ensure receipt by Plaintiff. Nonetheless, sanctions is ...

Excerpt: ...to provide Scruton with caregivers at a rate of $28.50 an hour for a minimum of four hours each visit. Scruton has failed to pay for the services provided. He owes Home Care $48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a Cross - Complaint against Home Care. He alleges that he did n...

Excerpt: ...spass caus e of action. Statute of Limitations. County argues that the tort claims for nuisance and trespass fail because Plaintiff did not file the Complaint within six months from the County's rejection of the claim under the Government Claims Act, and that any damage suffered by Plaintiff accrued prior to July 2019, and is thus timebarred by the one - year statute of limitations under the Government Claims Act. County further contends that th...

Excerpt: ...t failed to keep the parking lot in a safe condition and failed to properly inspect its property. The complaint asserts a claim for negligence and premises liability. Defendant contends that Plaintiff's claims fail because the hose was open and obvious. Defendant had plac ed a yellow caution sign out because its employee was watering plants. It argues that Plaintiff ignored these signs, its employee, the water on the ground, and the red/orange ho...

Excerpt: ...o meet and confer in good faith as ordered may result in sanctions. The Court also notes that it has reviewed motions and oppositions at issue. Based on the tone of the documents, the Court finds it is necessary to remind all counsel that civility and professionalis m among counsel should be the norm and not the exception. Counsel need not always agree, but their disagreements, especially when relayed to the Court, should be free of rancor unbec...

Excerpt: ... with 20 days leave to amend. Because the Court is sustaining with leave to amend, the Motion to Strike is moot. Factual/Procedural Context On October 31, 2023, Plaintiff Shirley Hicks (“Decedent”), by and through her Successorin- Interest, Latish Hicks (“Plaintiff s”), filed their operative First Amended Complaint (“FAC”) against Defendants Mt Rubidouxidence Opco, LLC; Providence Group of Southern California, LLC; Providence Group, ...

Excerpt: ...aintiff's harm. (CACI 1201; see also Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486, 1500.) The SAC here alleges that Defendant manufactured the battery and it was defective as it was manufactured with wire insulation that was not of adequate resistance and a rem ovable or loose terminal cap (SAC ¶ 24.) It further alleges that Plaintiff was harmed and the defect was a substantial factor in causing the harm. As such, the Demurrer to this c...

Excerpt: ... employment action based on alleged disability discrimination. Plaintiff Amy Zeta alleges she was employed by defendant County of Riverside (the “County”) as a Deputy District Attorney (“DDA”) from 2008 to 2023. Defendants John Henry (“Henry”), Melissa Moore (“Moore”), Kelly Catlett (“Catlett”) and Michelle Paradise (“Paradise”) (collectively “Individual Defendants” or “Defendants”) are her former supervisors and m...

Excerpt: ...dant Sarnowski, only. The remainder of the demurrer is overruled as to the fraud cause of action. Motion to strike is moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include various court records from the underlying action (Exs. 1 -8, 12- 14, and 17); the recorded quit claim deeds (Exs. 9 -11); and discovery responses in this action (Exs. 15- 16.). The court grants t...

Excerpt: ...t Bank FSB; and U.S. Bank National Page 2 of 6 Association, as Trustee for Bank of America Funding Corporation Mortgage Pass -Through Certificates, Series 2006- D (erroneously sued as U.S. Bank National Association.) Plaintiff alleged causes of action for: (1) Quiet Titl e; (2) Cancellation of Instrument; and (3) Wrongful Foreclosure. On 1/17/24, the Court sustained a demurrer to the FAC with leave to amend. The Minute Order from the 1/17/24 hea...

Excerpt: ...evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken....

Excerpt: ...alifornia (“OCTCSC”) pr ovided BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company (“RATIC”) (collectively “Plaintiffs”). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker indiv idually (“2018 Indemnity Agreement”). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement...

Excerpt: ... Santos Guillen Martinez (“Plaintiff”) alleges that on March 6, 2018, he was involved in an automobile collision caused solely by the negligence of third- party Javier Legaspi (“Legaspi”). (Complaint, ¶ 12.) As a result, Plaintiff suffered injuries totaling at least $242,315 as of November 2018. (Id., ¶ 18.) Legaspi's liability insurer, Kemper Insurance, paid the $15,000 policy limit for Plaintiff's injuries, which was insufficient to c...

Excerpt: ...ge Property Fund 2 016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on November 27, 2023. The FAC set forth eleven causes of action: (1) Violation of HBOR – Dual Tr acking (against RMF); (2) Breach of Contract (against Breckenridge); (3) Gross Negligence (against Breckenridge); (4) Intentional Misrepresentation (against...

Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. However, AVI did not inspect the property. Instea...

Excerpt: ...uit occurre d in Wyoming (Compl. ¶¶ 6, 8– 9); Plaintiff's claims are not time -barred in Wyoming;1 and all Defendants are subject to and have agreed to submit to jurisdiction in Wyoming regarding this lawsuit. (Razavi Decl. ¶ 3; Hahn v. Diaz - Barba (2011) 194 Cal.App.4th 1177, 1190 [“It is well settled under California law that the moving parties satisfy their burden on the threshold suitability issue by stipulating to submit to the juris...

Excerpt: ...enied. Defen dant shall provide further responses and documents within 30 days. Plaintiff's request for sanctions is granted in the reasonable reduced amount of $860 (2 x $400/hr. plus filing fee), to be paid within 30 days. EVIDENTIARY OBJECTIONS Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, lack of personal knowledge, misstatement of evidence, etc. Plaintiff's obj...

Excerpt: ...ay bring a motion to compel further responses to requests for production of documents, if it finds the responses evasive, incomplete, or an objection to a request is made without merit or is too general. CCP § 2031.310(a). A party bringing a motion to compel further respons es to requests for production of documents must engage in a good faith meet and confer attempt before bringing a motion. CCP § 2031.310(b)(1). A meet and confer requires a ...

Excerpt: ...ed a ne w 2022 Ford F-150 from Fritts Ford. (Complaint, ¶ 13.) Plaintiffs allege that, the subject vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty includi ng, “screen blacking out, the speakers not working, a crackling noise coming from the passenger speakers, the Vehicle veering side to side when in cruise control, the rear axle hub br...

Excerpt: ...enhower Medical Center continued to treat Plaintiff and eventually discharged him with a dislocated hip. Plaintiff returned the day after discharge where he was diagnosed with the dislocation of his hip. Defendant Sinha performed another hip surgery, where he notic ed a new fracture along his femur, requiring additional cabling to secure the fracture. Plaintiff now has a leg length discrepancy that continues with pain. Plaintiff's husband, Plaint...

Excerpt: ...1) 91 Cal.App.4th 875, 881.) “It is not sufficient that the complaint might be barred.” (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324.) Fraud is subject to a 3 -year statute of limitations from the date of discovery. (C.C.P., §338(d).) “The discovery rule provides that the accrual date of a cause of action is delayed until the plaintiff is aware of her injury and its negligent cause.” (Jolly v. Eli Lilly & Co. (1988) 44 ...

Excerpt: ...t Centers, I nc. For its part, Banning RV claims that Horgan had misappropriated funds. In the cross- complaint, Horgan alleges that, in the wake of lay -offs during the COVID -19 pandemic, he was given monthly bonuses as compensation for the additional work he was being required to do. In his crosscomplaint Horgan alleges causes of action for intentional misrepresentation, negligent misrepresentation, breach of contract, unjust enrichment, and p...

Excerpt: ...��), suffers from Brake Defects ("Defects"), and that GM has been unable to repair the Subject Vehicle within a reasonable number of attempts. Plaintiffs further allege that GM knew that the Subject Vehicle suffered from these Defects and knew that it lacked any ability to repair them y et failed to disclose these facts to Plaintiffs at the time of sale, repair, or thereafter. GM thus willfully violated the Song -Beverly Consumer Warranty...

Excerpt: ... objections are without merit or too general. In a motion to compel further responses as to document requests, the moving party must state specific facts demonstrating good cause justifying the discovery sought. (CCP §2031.310(b)(1).) To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause...

Excerpt: ...ime to defend the action and a default or default judgment has been entered against him or her in the action...” (C.C.P. § 473.5(a).) “This section is designed to provide relief where there has been proper service of summons (e.g., by substitute service or by publication) but defendant nevertheless did not find out about the action in time to defend.” (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) ¶ 5:420, p. 5 -1222...

Excerpt: ...s (l992) 4 Cal.App. 4th 238, 244.) “Allowable costs shall be reasonable in amount.” (CCP §1033.5(c)(3).) The court may allow or deny costs not mentioned in CCP § 1033.5. (CCP §1033.5(c)(4).) A “properly verified memorandum of costs is considered prima facie evidence that the costs listed in the memorandum were necessarily incurred.” (Bach v. Cnty. of Butte (1989) 215 Cal.App.3d 294, 308; see CRC Rule 3.1700(a)(1) [“The memorandum of...

Excerpt: ...oice”), and Anschutz Entertainment Group, Inc. (“AEG”) for: (1) negligence (against all Defendants); (2) strict liability (against Palma only), and (3) premises liability (against Goldenvoice and AEG). Plaintiff alleges that on April 23, 2022, while attending the Coachella Va l ley Music and Arts Festival (“Coachella”), located at 81 -800 Avenue 51, Indio, California (the “Premises”), Plaintiff was bit by a dog brought onto the Prem...

Excerpt: ...y various judgment debtors in this case as means to avoid judgment creditors from reaching those assets to satisfy a prior judgment entered in favor of creditors in a separate lawsuit. On 4/14/23, this Court entered a judgment in favor of Plaintiffs to set aside the fraudulent transfers of real properties and awarding monetary awards in various amounts, jointly and severally, against the judgment debtors. The instant application seeks an order au...

Excerpt: ... -425.) The County a ssessed the property value as $35,099,925, but Plaintiffs asserted that the value declined to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46 -187.) On 12/20/21, the Board issued its notice o f d eci si o n . ( AR 16) . O n 2/17/22, the Board issued a final findings of fact. (AR 1 -15.) Pl a i n t i ffs' exp er t , Ben F. Tunnell, III of BTI Appraisal, used both a cost approach and sale...

Excerpt: ...xt. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. ...

Excerpt: ...“IIED”); 6th Caus e of Action for Violation of the Ralph Act [California Civil Code §51.7]; and 7th Cause of Action for Gender Violence in Violation of California Civil Code § 52.4 “[A]n employer is vicariously liable for the torts of its employees committed within the sco pe of the employment.” (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296 (Lisa M.).) An employer's vicarious liability may extend to an empl...

Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...

Excerpt: ...��led must file a cross-complaint before or at the same time as the answer to the complaint or cross -complaint filed against him. (Code Civ. Proc., §428.50(a).) Thereafter, it may only be done by permission of the court. (Code Civ Proc., §428.50(c).) A cross- complaint is either permissive or compulsory. (See K.R.L. Partnership v. Superior Court (2004) 120 Cal.App.4th 490, 498.) Code of Civil Procedure section 428.10, subdivision (a) provide...

Excerpt: ...Amended Comp laint (FAC) for negligence that after Riverside County sheriff deputies arrived at the scene of a murder, they dragged decedent's body behind a police vehicle, and in the process of dragging the body, decedent's pants slid down, exposing his genitals. Plai ntiff alleges that decedent's body lay with the genitals exposed for eight hours while the deputies and other law enforcement personnel continued to investigate the shooting. Plain...

Excerpt: ...ll 4/19/24 discovery motions: Plaintiffs purchased a 2022 GMC Sierra 1500 Limited, manufactured by General Motors, LLC (“GM”). They contend the vehicle has defects and nonconformities. They contend that they brought the vehicle to Dutton Motor Company (“Dutton”) nu merous times and it failed to properly repair the vehicle, failed to tow the vehicle to its facility, and failed to provide Plaintiffs with a loaner vehicle. The complaint asse...

Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) filed a Complaint against ...

Excerpt: ...of harassment by Plai ntiff, which the court ruled in Defendant's favor. (Compl. 1.) Plaintiff alleges that the instant action was filed “as a result of [Defendant's] allegations [in the harassment claim] and the recovered damages collected as a result of the [San Bernardino co urt's] ruling in her favor . . . .” (Id.) On February 26, 2024, Defendant filed a Special Motion to Strike pursuant to CCP § 425.16 on the grounds that Plaintiff's ...

Excerpt: ...alleges, amon g other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the ...

Excerpt: ...lution of the federal action(s). Either party may seek to restore the case back to active status pending the resolution of the federal action. Facts/Procedure On September 14, 2023, Plaintiff Eric Jerome Phillips filed a demurrer against the County of Riverside and several other County officials, as well as against several doctors and his former attorney, alleging numerous civil rights violations, including the Bane Act, Ralph Civil Rights Act, ...

Excerpt: ...operating ag reement that gave Defendant a 100% ownership stake in the dealership despite assurances that it would not change the 50/50 ownership agreement. (TAC ¶ 14 - 16.) Plaintiff further alleges that Defendant knew he suffered from dyslexia and he could deceive him by hiding language deep in the agreement (TAC ¶ 16.) Plaintiff alleges that by the time he realized the deception, it was already too late as Defendant had taken title to all of...

Excerpt: ...Commerci al Capital Loan Trust 2021-3. The deed of trust secures a $937,500 Note that carried a 7.99% interest rate. (Lawrence declaration, Exhibit “6”.) It should be noted in Plaintiff's Complaint that the alleged interest rate was 9.6%. While in his complaint P laintiff alleges that the property is his personal residence, supporting documents executed simultaneously with the deed of trust show that the property was intended to be operated a...

Excerpt: ... staying with a large group at a vacation rental property owned and operated by Defendants Avantstay, Inc., Avantstay Real Estate, Inc., Avantstay California, Inc., Avantstay Brokerage and Sean Breuner (collectively “Avantstay” or “Defendants”). Plaintiff alleges that she was using the hot tub in the early hours of the morning. Plaintiff went to an unlit enclosure containing maintenance equipment, which was unlocked where she fell into a ...

Excerpt: ...nder the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be ...

Excerpt: ...of Undisputed Materia l Fact [“FSS”] ¶ 1.) On October 1, 2012, Fracasse, through his attorneys, recorded an abstract of judgment in the Office of the County Recorder of Riverside County. (Id. at ¶ 2.) That abstract of judgment acted to create a judgment lien on Redmond's real p roperty located at 41750 Avenida Ortega, Temecula, California 92592 (the “Property”). (Id. at ¶ 3.) On or about May 5, 2020, the County of Riverside (the “Cou...

Excerpt: ...most qualified t o testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “t he witness or someone in authority is expected to make an inquiry of everyone who might be holding Page 3 of 5 responsive documents or everyone who knows where such documen...

Excerpt: ...ant”). He co ntends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ex press written warranty, and (5) breach of implied warranty of merchantability. Plaintiff brings the instant motions. He brought a prior motion to compel the Person Most Quali�...

Excerpt: ...lly (collectivel y, “Plaintiffs”), filed their operative Third Amended Complaint (“TAC”) against Defendants American Logistics Company, LLC (“ALC”); AmLogCo, LLC (“AmLogCo”); and Star Patient Transport, LLC (“Star Patient Transport”) (collectively, “Defendants”), alleging (1) Elder Abuse and Neglect ( Welf. & Inst. Code § 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4)...

Excerpt: ...Factual and proc edural background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Direc tors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that...

Excerpt: ..., and Eisenhower Medical Group (“ EMC”) (together “Defendants”) for: (1) negligence (against Invacare and Compass); strict liability – failure to warn (against Invacare and Compass); (3) strict liability – manufacturing defect (against Invacare and Compass); (4) strict liability – design d efect (against Invacare and Compass); (5) breach of the implied warranty of merchantability (against Invacare and Compass); (6) negligence (again...

Excerpt: ...d confer p rior to filing the demurrer or motion to strike. (CCP §§ 430.41(a), 435.5(a).) The Declaration of Ryan Kay indicates that prior to the filing of the present demurrer and motion to strike, his office attempted to meet and confer telephonically with Plain tiff's counsel to discuss the issues Defendant had with Plaintiff's First Amended Complaint, but unfortunately, were unsuccessful in their attempts. Mr. Ryan declares that he sent e...

Excerpt: ...ause of action for re stitution of money paid “pursuant to the Agreement” (Cross -Complaint ¶ 12). The basis of the Cross -Complaint is that The Altum Group is not a licensed contractor and that a contractor's license was required in order to lawfully perform the construction ser vices at issue in the Agreement. (Cross- Complaint ¶¶ 4, 5, 9, 12.) The Altum Group demurrers arguing that both causes of action are uncertain or insufficiently p...

Excerpt: ...iness and Professions Code § 17200 [use of deceptive practices]; (3) Breach of Contract and (4) Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff alleges that on August 10, 2023, Plaintiff hired Defendants to installed below listed parts, which the parties agreed would repair his semi -truck. (Complaint, ¶6.) Plaintiff paid the collective Defendants the agreed amount of $25,169 immediately. (Id., ¶¶ 7 -16.) Plaintiff in ess...

Excerpt: ...en O'Neill (“ O'Neill”) owns a mobile home located at 74711 Dillon Road, Space 416 in Desert Hot Springs, which Stargardt rented. Stargardt alleges there were various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful inter...

Excerpt: ...ce Manager. (Id.) In March 2022, Defendant Sarah Franco (“Ms. Franco”) was appointed Director of Procurement and Fleet. (Id. at ¶ 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. (Id.) Plaintiff alleges that during her tenure, Ms. Franco treated her and Ms. Bell, the only two Black empl...

Excerpt: ...ty -owned roadway. Defendant City brings this demurrer to Plaintiff's Second Amended Complaint (“SAC”) on the second cause of action for dangerous condition of government property. This demurrer is brought after the Court's sustaining an earlier demurrer to Plain tiff's First Amended Complaint (“FAC”) on the ground of Plaintiff's failure to allege facts sufficient to state a cause of action for a dangerous condition of government property...

Excerpt: ...e sole shareholder of Sportman's Bar, Inc. (“SBI”), which was the owner of the Sportman's Bar (“Bar”) in Corona, California. Plaintiff alleges that in April 2021, Martin caused SBI to transfer and assign all assets and interest in SBI to himself personally, to be transferred to Plaintiff upon his death. Melvin Vander Molen (“Vander Molen”) was employed by SBI as a bar manager. Vander Molen had no authority to make financial decisions...

Excerpt: ...ducts li ability, and negligence, and names as defendants (1) Gongco Foods, dba Food 4 Less, the owner of the grocery store and the shopping cart, and (2) The Peggs Company, the company alleged to design and manufacture the shopping cart. The defendants filed answ ers to the original complaint on October 6, 2023 and November 21, 2023; none of them have filed answers to the FAC filed March 13, 2024. There are no crosscomplaints filed nor any D...

Excerpt: ...of Action in the FAC is sustained with leave to amend within 20 days. The motion to strike is granted as to the prayer for punitive damages for failure to comply with C.C.P., § 425.13 with leave to amend within 20 days. A party may object by demurrer to a complaint on g rounds that the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Pro. §430.10(e).) For the purposes of a demurrer, the allegations in the com...

Excerpt: ...t the event, which altercation was followed by one of the males reentering the event area with a gun that ended in death of one attendee and shooting injuries of another attendee. On 2/27/19, Plaintiffs filed their Complaint against Defendants, alleging: (1) n egligence, (2) premises liability, (3) negligent hiring, retention, and supervision, (4) negligent infliction of emotional distress, and (5) wrongful death. Plaintiffs contend the only em...

Excerpt: ... the hole (Exh ibit E) but provides no measurements of how big it is, its placement in the backyard, or the layout of the backyard. While the hole appears large in the picture, it is unclear whether this evidence alone meets the Defendant's initial burden. Additionally, a triable issue of material fact exists regarding whether the open and obvious exception applies. Open and obvious does not negate duty if it is foreseeable based on necessity or ...

Excerpt: ...n the amou nt of $1,000, payable within 30 days. In general, a notice of deposition is sufficient to compel a party to appear at deposition and to produce documents. (CCP § 2025.280(a).) Pursuant to CCP § 2025.450(a), where a party fails to appear, without a valid ob jection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be ...

Excerpt: ...sts to movi ng party in the amount of $510.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Felix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (...

Excerpt: ...hen he tripped over a tire stop, lost his balance, and fell forward down the stairs from the leasing office. He alleges Defendants, Fairfield Waterstone, LLC; and FF Properties II, LP knew or should have known of the dangers of inadequate lighting fixtures or illum ination because the lack of lighting was caused during/by a remodel of the leasing office. On 2/6/24, Plaintiff's motion for leave to amend the complaint was granted. Plaintiff file...

Excerpt: ...ntiffs Myeasha Ki mble and William Hillard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its employee/agent, Edkpeju Ed E -Nunu (“E -Nunu”), allegedly orchestrated the hazing and receive...

Excerpt: ...CCP § 430.50 p rovides that a demurrer to an answer may be taken in whole or to one or more of the defenses. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Reg ents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred fro...

Excerpt: ...ey Middle Sc hool Modernization, Phase 3B, Increment 2, New Classroom Buildings BP 15 HVAC” (Project). Plaintiff alleges that the District breached its contract in numerous ways (e.g., failing to timely pay for work performed, failing to execute valid change order requ ests.) Plaintiff filed its Complaint on 12/21/22 alleging a single cause of action for breach of contract. On 1/16/24, the District filed a Cross- Complaint alleging two causes...

Excerpt: ...oth parties reside in Georgia, but travelled to California, including Napa Valley and Riverside County, where Plaintiff alleges some of the violence occurred. This action was initially filed in Napa County on November 26, 2019 and subsequently transferred to Riversid e County by stipulation, following Plaintiff's successful appeal of a ruling granting Defendant's motion to quash service of summons. The Complaint alleges causes of action for dome...

Excerpt: ...tion for breach of contract and breach of the covenant of good faith and fair dealing, respectively. Defendant is ordered to file an answer to the First Amended Complaint within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019 .5. This action involves a dispute over misrepresentations allegedly made to an owner of a commercial property by a general contractor who submitted documentations seeking payment for...

Excerpt: ...tha Coro na, Alfred Corona, and Maria De Jesus Rosas Lopez, allege that on 12/26/22, Defendants, Eloy Figueroa Trucking, Inc. (Figueroa Trucking); Francisco Castillo -Cendejas; Bagdasarian Farms, LLC; and Bloom to Box Crop Care, Inc., negligently owned, operated, en trusted the Freightliner so as to cause a collision with Plaintiffs' vehicle causing them to sustain severe injuries and damages. Plaintiff, Maria Corona was the driver of her vehicle...

Excerpt: ...480 E. 2nd Street, Beaumont, California. (UMF ## 3-4, 7, 14.) The facts herein are based upon the allegations of the Complaint and the undisputed facts reflected in Plaintiff's response to Defendant's Separate Statement of Undisputed Material Facts (“Separate Statement”). The incident occurred between 10 and 11 a.m., it was sunny outside, and Plaintiff was wearing sunglasses. (UMF ## 6, 18.) According to Plaintiff's deposition testimony, she...

Excerpt: ...blish that Defendant's conduct was extreme or outrageous, or that Plaintiff sustained severe emotional distress as a result of Defendant's conduct. For NIED, Shannon argues that there is no independent tort of NIED, but rather a negligence claim, and Plaintiff cannot establis h any duty owed by Shannon to her, cannot establish any breach of any duty, and cannot establish that his conduct caused her to suffer severe emotional distress. Sixth Cause...

Excerpt: ...larations showing why the “interests of justice” will be served by granting the preference request. (CCP §36(e).) The decision to grant or deny a preferential trial setting under CCP §36(e) “rests at all times in the sound discretion of the trial court in light of the tot ality of the circumstances.” (Salas v. Sears, Roebuck & Co. (1986) 42 Cal.3d 342, 344.) In general, “judges are reluctant to grant preferential trial setting. With t...

Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...

Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...

Excerpt: ...bined co ntract and tort in this claim against Defendants as such it is uncertain. Plaintiffs allege they entered into a contract with Defendants to provide physical therapy services, Plaintiffs agreed to pay for the services, but Defendants failed to perform as p romised as the therapist abused NJ instead of providing therapy. (SAC, ¶¶ 42 -46.) However, Page 2 of 3 Plaintiffs have not alleged damages as a result of the breach of contract, inst...

Excerpt: ...tely at the commencement of the action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendan...

Excerpt: ...ntiary and/or terminating sanctions. (Code Civ. Proc., § 2023.030(a) -(d).) The court has discretion to issue a terminating sanction in response to a misuse of the discovery process. (Code Civ. Proc., §§ 2023.030(d), 2030.300(e).) Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's actio...

Excerpt: ...ssage En v y. Pl aintiff alleges sh e was termin ated af ter s h e protested unsafe instructions to personally engage with clientele, and to contact them directly to solicit their business on an unrecorded line. Plaintiff filed the original complaint on July 17, 2023 and the operative First Amended Complaint on November 2, 2023 (“FAC”), alleging 1) whistleblower retaliation (Labor Code §§ 1102.5 et. seq.), and 2) wrongful termination in vi...

Excerpt: ...ounty filed a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County alleged that Defendants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and traffic issues for the community, causing a public nuisance. (Id. at ¶ 4.) In the Complaint, the County asked the Court to declare that the conditio...

Excerpt: ...“Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 2022, alleging breach of contract, quantum meruit, foreclosure o...

Excerpt: ...n of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiff alleges that on October 17, 2021, he purchased a 2021 Forest River Puma (the “RV”) from Beaumont RV. (Complaint at ¶ 4.) In connection with the sale, Forest River provided an express limited warran ty on the RV. (Complaint at ¶ 5.) Beaumont RV sold the RV to Plaintiff with defects in materials and workmanship. (Complaint at ¶ 7.) During th...

Excerpt: ...e the January 8 , 2024 Notice of Motion is untimely. However, the order of dismissal was entered on December 8, 2023. Also, there is technically no “judgment” of dismissal. So, this motion is seeking relief from a judgment that does not exist. (See below). Nonetheless, a motion to vacate under CCP § 663 is the wrong procedural mechanism for Plaintiff to seek redress. A ‘judgment' is defined as “the final determination of the rights of ...

Excerpt: ... Food, Inc. , and Rise of Healthy Choice, Inc. Defendant Nishant Patel, along with his wife, Defendant Radha Patel, holds another 47.5% of each corporation, and Defendant Mili Nikunj Patel holds the remaining 5%. Plaintiff alleges that Defendant Nishant Patel has be en improperly removing funds from the corporations for his personal use and benefit, has excluded Plaintiff from the operations, and has failed to allow Plaintiff to inspect and copy...

Excerpt: ...l be perm itted. This is a lemon law case stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly aft...

Excerpt: ...erica, Inc. (“Volkswagen”) and SHAYCO, Inc. dba Ontario Volkswagen (together “Defendants”) for: (1) breach of express warranty in violation of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”); (2) violation of § 1793.2 of the Song Beverly Act; and ( 3) negligent repair. In his Complaint, he alleged that the 2021 Volkswagen ID.4 that he purchased on 9/18/22 had defects and nonconformities that substantially impaired its...

Excerpt: ...he applicable warran ties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On 3/16/23, Plaintiffs filed the FAC against Defendant, alleging (1) breach of implied warranty of merchantability under the Song -Beverly Act, (2) breach of express w arranty under the SongBeverly Act, and (3) Violation of Civil Code § 1750 (The Consumer Legal Remedies Act, “CLRA”). Plaintiffs brings this Motion to Defendant to pr...

Excerpt: ...l distress. Plaintiff argues that this motion should be denied because the arbitration agreement is unconscionable is prohibited under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401, 402. The Court agrees and denies the motion. The parties agree that the agreement at issue is governed by the Federal Arbitration Act, which favors enforcement of arbitration provision in any contract “evidencing a tran...

Excerpt: ... are prop erly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs lack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counsel...

Excerpt: ...k directly next to the racetrack constitutes gross negligence. Additionally, there are triable issues as to whether this truck increased the inherent risks of go -kart racing for the purpose of the doctrine of primary assumption of risk. The motion for summary judgeme nt is granted as to American Indoor Speedway and Robert Peterson as there is no evidence that American Indoor Speedway or Robert Peterson owned, operated, managed or controlled the ...

Excerpt: ... On September 6, 20 23, Defendant moved for summary judgment on the grounds that there were no triable issues of material fact that Defendant did not create any hazard that caused Plaintiff's fall or that they had a reasonable time to discover and correct any hazard. On November 17, 2023, Defendant filed a notice of non- opposition. On November 20, 2023, Plaintiff filed an ex parte application, seeking relief under CCP § 437c(h) for continuanc...