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: ...on stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) l. Overrule the Demurrer to the 5th Cause of Action for Fraudulent Inducement—concealment A. Specificity The elements of an action for...

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: ... inadvertence, surprise, or excusable neglect within six months after judgment, dismissal, order, or proceedings has been taken. In the absence of an attorney affidavit of fault, the burden is on the moving party to show that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. The court is empowered to relieve a party "upon such terms as may be just... from a judg...

Excerpt: ...l be severely prejudiced if she has to oppose the motion for summary judgment and prepare for trial at the same time. Defendants do not contend that their motion was timely served. Instead, they argue that Plaintiff ignores the ruling in Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88. They also assert that in the cases relied on by Plaintiff, the notce provided was much shorter. Defendants contend that their service only reduced the notice t...

Excerpt: ...t merit or too general. (CCP 52031.310.) Unless notice of the motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2031.310(c).) Failure to comply with the discovery deadline "is only 'jurisdictional' in the sense...

Excerpt: ...ttorney's fees. Thus, the Court declines to rule on Defendants' evidentiary objections filed in support of their opposition since the objections concern evidence immaterial to the Court's decision on the motion. "under the American rule, each party to a lawsuit ordinarily pays its own attorney fees ... ." (Orozco v. WPV San Jose, LLC (2019) 36 Cal.App.5th 375, 406.) "Parties may validly agree that the prevailing party will be awarded attorney fee...

Excerpt: ...ion. Defendant Breckenridge to provide notice pursuant to CCP 1019.5. Plaintiff Wendy Gray ("Plaintiff") filed the verified complaint (the "Complaint") in this matter on May 30, 2023 against defendants Reverse Mortgage Funcrng, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subje...

Excerpt: ...tle pertaining to real property that plaintiff Amie Lonsdale (formerly Amie Pannazzo) lost at a foreclosure sale during the pendency of her Chapter 7 bankruptcy that was filed in April 2018. Plaintiffs allege that during Ms. Lonsdale's bankruptcy case, the Plaintiffs entered an agreement with defendant Karen Massey whereby Ms. Massey allegedly agreed that she would purchase the property in Riverside ("Via Vallarta" or the "Property") from the for...

Excerpt: ... complaint ("FAC") against defendants Larry Moore and Trinidad Moore (together, "Defendants"). Plaintiff seeks to quiet title to property located in Banning and alleges various causes of action for rescission and financial elder abuse. Plaintiff was 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. In 2014, Plaintiff was distressed over the condition of her home. She reached ...

Excerpt: ...dant RPM at the tme of her purchase, and Defendant RPM maintains the position that Plaintiff had access to Defendant RPM's records and property, and sold the Vehicle to herself without the knowledge or consent of Defendant RPM. Plaintiff signed an agreement to arbitrate any acton arising from the Retail Installment Sales Contract ("RISC (Declaration of Frank Vizcarra ["Vizcarra Dec."), 92, Exhibit "1. Shortly after Plaintiffs purported purchase o...

Excerpt: ...but reasonable amount of $1500 (4 hours X $375 + $60 filing fee). Factual and procedural background: Plaintiff filed this Song-Beverly action regarding a 0217 Ford Super Duty F-350 that contained engine defects. The complaint, filed 2/7/23, asserts: (1) breach of express warranty; (2) Civil Code 51793.2; and (3) negligent repair. Plaintiff moves to compel further responses to the Request for Production of Documents. Plaintiff contends Defendant's...

Excerpt: ...exatious litigant and "there is not a reasonable probability that she will prevail in the litigation against the moving defendant." (CCP S 391.1.) If the motion is granted, the case is automatically stayed from the time the motion was filed until 10 days after plaintiff posts the required security. (CCP S 391.6.) If the bond is not posted, the action must be dismissed as to the defendant in whose favor the bond was ordered. (CCP S 391.4.) Page 3 ...

Excerpt: ...he present motion. Importantly — and as discussed below — the court may determine for itself the reasonableness of the fees demanded. Accordingly, the court declines to rule on the evidentiary objections. under Civ. Code 51794(d), "[i]f the buyer prevails in an acton under [the Song-Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including atto...

Excerpt: ...ment on the grounds that any such easement was extinguished either by way of a merger of the dominant and servient property at one point in the chain of ownerships or by way of adverse possession by the prior owner of the servient tenement. On June 02, 2023, Plaintiff filed her Complaint, alleging 6 causes of action for: (1) extinguishment of easement; (2) quiet title; (3) slander of title; (4) trespass; (5) private nuisance; and (6) declaratory ...

Excerpt: ... demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].) Defendant's evidentiary objections are sustained. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters out...

Excerpt: ... paid off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (SAC 6-8.) Plaintiff alleges during the many conversations that Plaintiff had with Defendant Bagwell, Plaintiff was told by defendant Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff can cancel the current insurance she had with GEICO Insurance Co...

Excerpt: ...citations omitted.) C.C.P. S 1021 states: "Except as attorney's fees are specifically provided for by statute, the measure and mode of com#nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided." (Ibid.) A prevailing party in an action can recover costs, including attorney's fees, only if authorized by contr...

Excerpt: ... matter concerns two separate petitions for writs of mandate. The first Petition was filed by Petitioner, Supporters Alliance for Environmental Responsibility (SAFER) against Respondents, City of Riverside, City of Riverside City Council, and Riverside Planning Commission (City) along with Real Parties in Interest, Greens Ehrenberg, LLC; Greens (Ehrenberg), LLC; Greens Group, Inc.; Greens Development, Inc.; Greens Inv 10, LLC; and Overland Develo...

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: ...Hyatt (1998) 61 Cal. App. 4th 581, 596.) However, leave to amend may be denied where inexcusable delay and probable prejudice to the opposing party is shown. (Magpali v. Farmers Group (1996) 48 Cal. App. 4th 471, 487.) Pursuantto Cal. Rules of Court, Rule 3.1324(a), a motion to amend a pleading before trial must include a copy of the amended pleading, which must be serially numbered to differentiate from previous pleadings and must state what all...

Excerpt: ... Corona, California (the "Property") from Defendant pursuant to a lease dated October 3, 2022. He further alleges that the Property was unfit for human occupation due to numerous problems; that he repeatedly notified Defendant of these problems from October 2022 to May 2023, and Defendant refused to make repairs; and that the issues with the Property affected Plaintiff's health and safety. *** In this Motion, Defendant seeks sanctions against Pla...

Excerpt: ...ts") allegedly owned, managed, maintained, operated, repaired, directed, leased, and/or controlled 67990 E. Palm Canyon Drive in Cathedral City where the incident c„ccurred. The raised curb was a dangerous condition that Defendants knew of, or should have known of, for a sufficient time prior to the incident to have it repaired or warned of it. On 10/4/22, Plaintiffs Deborah and Justin Armstrong ("Justin") (collectively "Plaintiffs") filed thei...

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: ...n to the hospital where he died the next day. Plaintiffs Myesah Kimble 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 fratern-ty"s history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orche...

Excerpt: ...ntitled court, to show cause if any, why she should not be adjudged in contempt of court and punished accordingly for wil fully disobeying the (amended) judgment of this Court entered on January 20, 2023 as to the following: "Plaintiff Waud and defendant Dixon are 50 percent owners of Classic 1. Classic 1 shall be partitioned by sale and the next proceeds from the sale shall be divided between plaintiff Waud (50%) and defendant Dixon (50%).... Th...

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: ...e matters are indisputably true. (Evid. Code, 5452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569.) "Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion." (Jessen v. Keystone Savings & Loan Assn. (1983) 142 Cal.App.3d 454, 458.) The burden is on plaintiff to show all elemen...

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: ...ls (RJN, Exs. C-NI), and Plaintiff concedes in the Opposition that he does not personally hold title to any of the parcels. (Opposition, pp. 4-5.) Instead, he alleges in the SAC that the Association assigned him the right to collect assessments levied upon Defendants. (SAC, 3, 12.) Plaintiff does not dispute that, under Civil Code S 5735(a), a homeowner association is prohibited from assigning its rights to collect assessments. Thus, Plaintiff fa...

Excerpt: ...guez v. County of Los Angeles (1985) 171 Cal .App. 3d 171, 175.) In order to show mistake or excusable neglect by a preponderance of the evidence, "[al petitioner or counsel for a petitioner must show more than mere failure to discover a fact until tcho late; he or she must establish the failure to discover the fact in the use of reasonable diligence" [Citationl (Munoz v. State of California (1995) 33 Cal.App.4th 1757, 1783. There must be suffici...

Excerpt: ...party moving for summary judgment bears the burden of persuasion. (Aguilarv. Atlantic Richfield Company (2001) 25 Cal.4th 826, 855.) When a plaintiff is the moving party, the plaintiff has the burden to produce admissible evidence on each element of a cause of action entitling him to judgment. (CCP The plaintiff does not have the burden to disprove affirmative defenses. (ld.) At that point, the burden shifts to the defendant to show that a triabl...

Excerpt: ... for repair of defects and nonconformities, including, but not limited to, engine malfunction, transmission malfunction, the vehicle jerking while accelerating, and the vehicle shaking while driving. (ld. at '111.) She alleges that Defendant has failed to repair the subject vehicle to warranty after a reasonable number of attempts. (ld. at 12—13.) She further alleges that Defendant has refused to replace the vehicle or make restitution in accor...

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: ...o CCP 1019.5. This is a lemon law case. On April 4, 2015, Plaintiff Orlando Sanchez ("Plaintiff") purchased a new 2015 GMC Sierra 1500 ("Subject Vehicle"), which was manufactured or distributed by Defendant General Motors, LLC ("Defendant"). The vehicle was sold with a manufacturer bumper-to-bumper warranty, powertrain warranty and emissions warranty. Plaintiff alleges that Defendant had knowledge that the transmission model installed in the Subj...

Excerpt: ...ls and insignias required by the ANSI codes. Plaintiff filed this action on 2/17/22 and filed the First Amended Complaint (FAC) as a matter of right on 3/29/22. After the court sustained in part Kelly Mac's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 10/11/22. The court then sustained in part Kelly Mac's and Cavco's separate demurrers. Plaintiff then filed the Third Amended Complaint, and subsequently filed a motion for leave ...

Excerpt: ...iolation of the Song-Beverly Consumer Warranty Act. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiffs contend that they have noticed the PMK deposition multiple times but Defendant refuses to a PMK for relevant categories of testimony. It has also failed to provide dates to reschedule the deposition. They argue that both the categories and the documents identified in the depositi...

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: ... Deny Plaintiffs' request for judicial notice as to Exhibits A, D, and G. Grant the moton. The court denies the request to take judicial notice of Plaintiffs' RJN Exhibit A, the Health Canada Omniscan label from 2014. Accordingly, Plaintiffs have not provided any other evidence of "newly acquired information" that GEHC had, so the motion is properly granted. Evidence Code 5452(f) permits a court to take judicial notice of "[tlhe law of an organiz...

Excerpt: ...the spa at the Hotel when he experienced diffculty breathing, shortness of breath, chest tightness and pain. He also felt a burning sensation in his skin and developed a rash. Plaintiff alleges that the spa contained unsafe levels of chemicals that caused severe chemical burns to his body and injuries to his lungs and respiratory system. On October 1, 2019, Plaintiff filed his Complaint for Negligence against Hilton and Defendant EHT ESPD, LLC. O...

Excerpt: ...efendants and that his derivative claims cannot survive in light of this buyout. Plaintiff does not oppose the motion as to the "derivative causes of actions." (Opposition, 2:3-10.) However, Plaintiff's position differs from Defendants in that the buyout renders moot only the 2nd through 9th and the 11th causes of action. Therefore, the causes of achon which are the subject of the parties' dispute in this matter are the 1st, 10th, 12th, 14th, and...

Excerpt: ...d (page 13, lines 2 through 5, and page 14, line 15). DEMURRER A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) 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. (Minre v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts ...

Excerpt: ... Corona, California (the "Property"). (Complaint, 6-9.) The Complaint sets forth six causes of action: (1) breach of contract; (2) work, labor and materials furnished; (3) open book account; (4) account stated; (5) reasonable value of work; and (6) foreclosure of mechanics lien. Plaintiff has filed an Application for Right to Attach Order (the "Application") seeking a writ of attachment in the amount of $101,154.14 against defendant Shirley Tolli...

Excerpt: ...g (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; and (3) Fraudulent Inducement —Concealment. On 10/11/2022, after the Court granted Plaintiffs' motion for leave to amend, Plaintiffs filed their First Amended Complaint ("FAC") against Defendant alleging the same three causes of action. On 11/18/2022, Defendant filed a demurrer to the third cause of action for fr...

Excerpt: ...ttlement pursuant to CCP S 654.6. (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206; Wackeen v. Malis (2002) 97 Cal.App.4th 429, 439-440.) "Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement." (Sully-Miller Contracting Co. v. Gledson/cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) A request for the trial co...

Excerpt: ...loan. Lending Bee and Isperov (Fiduciary Defendants) represented they would be agents to obtain the mortgage loan with a third-party lender. Plaintiffs alleges Defendants engaged in predatory lending, fraud and extortion to obtain their property through wrongful foreclosure. Plaintiffs allege that the Fiduciary Defendants serviced the loan taking $14,000 in payments, which they did not credit to Plaintiffs' account. On 8/16/22, Isperov and certai...

Excerpt: ...f was experiencing credit issues, title to the property is in Lee's name, although Plaintiff and Lee each paid one-half of the down payment. Lee obtained a loan from Pinnacle Capital Mortgage ("Pinnacle"), which recorded a Deed of Trust (DOT) against the property. On December 5, 2012, Lee refinanced the loan and Pinnacle recorded a new for $135,cm. Plaintiff resided at the Subject Property from 2009 to present. Plaintiff and Lee each paid half th...

Excerpt: ...aid in 60 days. Factual / Procedural Context: Plaintiff Mary Janeth Vasquez alleges that Defendants Advance Oil, Inc. and Ky Chau employed her as a store manager. Defendant Chau would sexually harass a co-worker, nonparty Tammy Nguyen, resulting in her quitting her employment. Plaintiff complained about Chau's harassment, and would make inappropriate sexual comments to Plaintiff. Plaintiff also complained about the lack of meal and rest breaks fo...

Excerpt: ... compulsory, leave must be granted so long as defendant is acting in good faith. (CCP 5426.50.) A Defendant always has the option of asserting any cause of action defendant has against the plaintiff in a cross-complaint. The cause of action need not be related to the subject matter of plaintiff's complaint in any way. The purpose is to allow plaintiff and defendant to settle all of their differences in a single lawsuit. (CCP 5428.10(a).) If defen...

Excerpt: ...ty"). Specifically, he alleges that Defendants have been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an "absent homeowner or occupant" as he has been providing care to his paraplegic wife. Plaintiff alleges he and Edward R. Cardoosl and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and...

Excerpt: ...Rancho re-circulated the stipulation and proposed order on August 4, 2023, but Plaintiff, again, did not sign it. (Declaration of Rebecca CKray-Murphy, 7, 8, 14-19.) Rancho filed the instant action on August 30, 2023, three weeks later. Under these facts, Rancho timely moved for a protective order. Rancho's employees' right to privacy is implicated. The DM8 Report contains information obtained from Rancho's past and current employees during an in...

Excerpt: ..., a fifth cause of action for fraudulent inducement — concealment, and a sixth cause of action against Defendant Fairway for negligent repair. The Complaint alleges that on October 17, 2021, Plaintiffs purchased a 2021 Ford Explorer ("Subject Vehicle" or the "Vehicle"). (Comp'. 9.) It further alleges that "[dlefects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to,...

Excerpt: ...AC. Accordingly, battery is irrelevant and Defendant failed to actually address medical negligence—other than the general argument of PREP. Second, the function of a demurrer is to test the legal sufficiency of a pleading, but not the truthfulness of the allegations. (Donabedian v. Mercury Ins. Co. (2W4) 116 Cal.App.4th 968, 994.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (...

Excerpt: ...aised by special demurrer." (Johnson v. Mead (1987) 191 Cal.App.3d 156, 160.) 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 665, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (D...

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: ...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: ...ctured by Defendant, General Motors, LLC (GM), and was accompanied by express warranties. Plaintiff alleges that the vehicle was delivered to her with serious defects and nonconformities to warranties and/or developed same including engine, electrical, emission, and transmission system defects. Plaintiff alleges that GM knew the transmission defects, that she delivered the vehicle to GM authorized repair facilities, but GM was unable to conform P...

Excerpt: ...s that on June 20, 2020, she tripped over a curb and fell in the parking lot of the Stater Bros. located at 1537 S. San Jacinto Ave„ San Jacinto, California (the "Property"). Plaintiff asserts causes of action for negligence and premises liability. Defendant Stater Bros. moves the court to reclassify this case as a Limited Civ-l case pursuant to CCP 5403.040(b) and Walker v. Superior Court (1991) 53 Cal.3d 257, on the ground that Plaintiff seek...

Excerpt: ...tual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (CCP S 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...

Excerpt: ...to comply that is incomplete or evasive. (CCP 52031.310(a).) Here, Defendant responded to Plaintiff's demand to inspect the property with an assertion that his Fourth Amendment right to be free from unreasonable searches and seizures prohibited such an inspection. Although no showing of cause is required for the inspection demand, the demanding party must make such a showing if the demand is refused. To establish "gtnd cause," the burden is on th...

Excerpt: ...ble evidence. The service concerns raised in the motion have been remedied. (See Declaration of Sean a. O'Keefe, 93, Ex. 1.) The Motion is not sufficiently particular. The subpoena demands a blanket category of all communicatons regarding the parties and the hotel property and an unrelated property which is not a subject matter of this case. The opposing parties fail to show fact-specific justification for relevance or to show that the informatio...

Excerpt: ...s" for an alleged wrongful repossession of a Lamborghini Huracan Evo, stating causes of achon for trespass to chattel and conversion. Service of the summons and complaint was effected 6/17/23 on both Defendants through substituted service on Grozav's wife, Alina Grozav ("Alina"). Defendants failed to file a timely answer. On 8/29/23, Plaintiff filed a request for the entry of default as to both Defendants, and default was duly entered that same d...

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: ...agreement contained in the Warehouse Services Agreement (WSA) and CCP S 1281.2. The parties do not dispute that the WSA contains an arbitration clause. (See Zhu. Decl., Para.3, Ex."A", Para.17.) Plaintiff's claims fall squarely within the arbitration clause as they concern the indemnification provision within the WSA arising from or related to the storage of products at Plaintiffs warehouse and/or Opene's performance under the Warehousing Service...

Excerpt: ...bject collision, Defendant Jeremiah Montoya Haney ("Deputy Montoya Haney") was employed as a Deputy with the Riverside County Sheriff's Department ("RCSD"), was acting in the course and scope of his employment with RCSD, and was operating a RCSD issued patrol unit equipped with emergency lights and siren. (Def.'s Separate Statement of Undisputed Material Facts ["DSSUMF"] 2.) He was also equipped with a RCSD issued body worn camera. (ld. at '1 3.)...

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: ...eal property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411-10481 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a ...

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: ...iled the Complaint against Alpha Beta Company dba Ralphs ("Ralphs"), alleging: 1) premises liability; 2) failure to warn and 3) loss of consortium. Shortly thereafter, Plaintiffs filed a Doe Amendment, identifying Defendant Vortex Industries, Inc. ("Vortex") as Dæ 1. Vortex is alleged to have serviced the doors at the location, both before and after the incident. Vortex and Ralphs filed cross-complaints against each other for indemnity and contr...

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: ... Deposition to take place within 46 days of October 26, 2023.2. cvps2203383 PILUTlKvs GENERAL MOTORS, LLC Hearing re: Plaintiff's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set Two Tentative Ruling: Granted. Responding party is ordered to serve verified responses to the Demand for Production of Set Two, Nos. 70-71, 73-78, 80-85, 87-92, and 94-96 without objections within 30 days of service of notice (CC...

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: ...n defects that Defendant was aware of and failed to disclose. (SAC "16-70.) Plaintiff provided her vehicle to Defendant and its representatives but they were unable to repair the vehicle.(SAC 73-76, 89.) The Court previously sustained the Demurrer to the Fraud cause of action in the FAC finding: The Demurrer to the fraudulent concealment cause of achon is sustained on the grounds that Plaintiff has failed to allege the misrepresentations with suf...

Excerpt: ...sary evidence to prove their affirmative defenses. Plaintiff's objections are overruled. Summary Adjudication of the third and sixteenth affirmative defenses is Granted Plaintiff is entitled to incidental and consequential damages under the Song-Beverly Act and because Plaintiff does not assert a Magnuson Moss claim in the complaint. As to the tenth affirmative defense, Defendant does not oppose the motion to this affirmative defense. Summary Adj...

Excerpt: ...in Adam Shaw was placed to work at Defendant Lowe's Home Centers, LLC by Defendant Partners Personnel Management Services, LLC. A manager, Esther, would refer to him as "black boy" when speaking to him on a consistent basis. When Plaintiff complained, he was terminated. On 10/7/22, Plaintiff failed a complaint for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) whistlebl...

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: ...e FAC was not willful as he to the initial Complaint, but was ignorant of the fact that another response was required to the FAC, a document he did not understand. (ld. 7.) He declares he appeared at hearings, but it was never made clear to him that he was at risk of default until the MSC on 7/14/23 when Plaintiff's counsel informed him that he was in default and had no right to attend the MSC. (ld. 8-9.) Yang then retained counsel who filed this...

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: ...times, she was over 55 years old and a custodial care resident and patient at the skilled nursing facility owned and operated by defendant P.T.C.H., Inc. dba Palm Terrace Care Center ("Palm Terrace"). Plaintiff was admitted to Palm Terrace for rehabilitation of a broken hip and required assistance with all activities of daily living and other medical oversight. Plaintiff alleges Palm Terrace failed to provide proper nutrition and failed to turn/r...

Excerpt: ...of its anti-SLAPP. An appeal from an order denying an ant-SLAPP moton divests the trial court of jurisdiction to conduct any "further trial court proceedings on the merits upon the causes of action affected by the motion." (Varian Med. Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 192-193.) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the...

Excerpt: ...nt contains conclusory allegations that Defendants acted intentionally, deliberately, recklessly or simply failed to act (951-52), but these conclusory allegations are not sufficient as no facts of intentional conduct are pled. For this reason, the demurrer is sustained as to the First Cause of Acton. The Fifth Cause of Action makes the same allegations as the negligence claim, to which no demurrer is brought. The nuisance claim is based on the g...

Excerpt: ...the work from October through December 2022 and issued invoices in the total amount of $133,655.54 which Defendants failed to pay. Plaintiff filed the Complaint on 2/27/23, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value /work, labor and services; and 6) foreclosure of mechanic's lien. Plaintiff filed the instant application for right to attach order...

Excerpt: ...ction of emotional distress, (2) retaliation in violation of FEHA, (3) violation of California Labor Code S 1102.5, (4) harassment in violation Page 7 of 10 of Government Code S 12940, (5) failure to prevent discrimination and harassment, (6) failure to engage in interactive process, (7) failure to accommodate, and (8) discrimination. Defendant demurs to the first, second, third, fourth, fifth, sixth, seventh, and eighth causes of acton on the gr...

Excerpt: ...rer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead...

Excerpt: ... are to be filed with the court and served on opposing party within fifteen dates. Hearing on this matter is continued to 11/17/23 8:30 a.m. for the sole purpose of confirming the reasonableness of the amount of attorney fees. Factual and procedural background: This action arises out of a business deal between Plaintiffs JTLH Enterprises, LLC ("JTLH"); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, "Plaintiffs") and numerous Defend...

Excerpt: ...'S EVIDENTIARY OBJECTIONS: As to objection #'s 2, 3, 4, 7, and 11, they are sustained. As to the rest, the objections asserted were not determinative to the analysis and outcome of this motion, and they are therefore overruled. (See Reid v. Gingle, Inc. (2010) Cal.4th 512, 532 ["motion for summary judgment" l.) The burden is on plaintiff to show all elements necessary to support issuance of a preliminary injunction. (See O'Connell v. Superior Cou...

Excerpt: ...to sever the claims against Mr. Capriotti from the claims against Mrs. Capriotti, so that a default judgment may be entered against Mr. Capriotti. Bifurcation under CCP S 1048 is not appropriate because Plaintiffs do not seek to bifurcate causes of action or issues such as liability and damages. What Plaintiffs seek is a separate judgment of default against Mr. Capriotti. (See Motion, p. 4 (bifurcation is needed to prevent "a possible future atta...

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: ...J& A Havendale, LLC move to strike the follow-ng portions of the Palm Cross-compliant: 1. Heading B ("Facts re the Cross-Defendants' Efforts to Commingle the Sale of the Carmona Real Property with the Restaurant Lease"), page 7, in its entirety. 2. Paragraphs 23-26, page 7, in their entirety. (General Allegations) 3. Paragraph 33, page 8, the portion of which states "reasonable attorneys' fees and." (2nd Cause of Acton) 4. Paragraph 54, page 11, ...

Excerpt: ...that, in she and Defendant Brandon Weimer, who were then high school friends, began a joint venture to sell toffee as a fundraiser, which they later turned into an actual business, which became Brandini Enterprises, Inc. (Second Amended Complaint ["SAC" l, 10.) It is further alleged by Plaintiff that, as the two friends were still minors at that time, they got their parents involved in the business, and all of them entered an oral partnership agr...

Excerpt: ...ntract and repair orders. As such, they are not unreasonable and the Motion to Tax is denied as to these costs. For expert witness fees, under CC 51794(d), the Legislature intended the phrase "costs and expenses" to cover items not included in the detailed statutory definition of "costs" set forth in CCP S 1033.5.(See Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 42. And Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 11...

Excerpt: ...atter is embraced in or affected by the appealed judgment or order within the meaning of Code of Civil Procedure secton 916, subdivision (a) only trial court proceedings on the matter would affect the effectiveness of the appeal." (Henry M. Lee Law Corp. v. Superior Court (2012) 204 Cal.App.4th 1375, 1383.) As a general rule, an award of attorney's fees is a collateral matter. (Bankes v. Lucas (1992) 9 Cal.App.4th 365, 369.) As such, there is no ...

Excerpt: ...nlike a privilege, the protection is qualified and disclosure may occur to serve a "compelling state interest." (Britt v. Superior Court (1978) 20 Cal. 3d 844, 855-855 [applying a balancing test to determine if the need for discovery outweighs the privacy rights of third partiesl.) under Britt, the court conducts a balancing of the competing interests. "On occasion [a party s] privacy interests may have to give way to [thel opponent's right to a ...

Excerpt: ... stated "No documents will be produced." (see Plaintiff's Separate Statement [PSS].) There is no dispute that, based on good cause, the Court initially ordered GM to provide further responses and responsive documents (including ESI) to RPD Nos. 15, and 19-21 as well as maintaining and providing a privilege log to the extent GM is withholding documents. (8/8/22 Minute Order.) The Court also found that GM's objections were not well founded. (Ibid.)...

Excerpt: ... the costs of notice; and (5) if cost shifting or sharing is proposed, an estmate of the cost involved in giving notice. (Cal. Rules of Court, rule 3.766(b).) Plaintiff asserts that the motion now includes the statement required by subdivision (b), but the motion in fact does not comply with this subdivision. Instead of addressing each item, Plaintiff merely states in the motion that "The parties have agreed that notice should be mailed to class ...

Excerpt: ...t General Motors, LLC ("GM" or "Defendant") regarding a 2017 Cadillac XT5 which was manufactured and distributed by GM. Plaintiffs allege they purchased the vehicle at Boulevard Cadillac, a GM authorized dealer. (First Amended Complaint ("FAC"), '1 6.) Plaintiffs allege that the vehicle came with material defects and nonconformities to warranw, including transmission defects, infotainment defects, engine defects, and electrical defects, that GM's...

Excerpt: ...ll continue the CMC to 1/25/24 at 8:30am. All parties are ordered to file updated CMC statements prior to that date. Factual / Proc:edural Context: On October 26, 2020, Plaintiff VIP Style LLC entered into a written agreement with Defendant Abdallah Abu-Samrah under which Plaintiff agreed to provide construction related labor and materials for the home improvement project located at 7088 Gaskin Place, Riverside. A copy of the agreement is attache...

Excerpt: ...d in the first place, but it is not clear why such a motion would cost $451.85 to file. The memo of costs indicates this amount included a "first appearance and filing fee," but the Answer to the Complaint would have been the first appearance fee of $450, which is the firstfee listed on the memo of costs. Plaintiffs have thus met their burden to show this cost is unreasonable and is taxed. The court taxes $2,ff9.48 of the deposition costs for the...