Excerpt: ...ned total rea sonable amount of $4800.00 payable by Defendant to Plaintiff. Factual and procedural background: Plaintiff began working for Defendant as a yard truck driver in January 2022. On 7/28/22, Plaintiff was injured when a pallet of four mini refrigerators fell out of a shipping container and dropped on Plaintiff's shoulder. Additionally, the shipping container door swung open and hit Plaintiff's ribcage. Plaintiff continued working for th...

Excerpt: ... this case. After a trial in this case, on December 12, 2023, this Court Page 3 of 7 issued a Final Statement of Decision in favor of Plaintiff Association. Plaintiff Association is the present assignee of the interest in a 2007 Performance Deed of Trust encumbering the golfcourse. (Final Statement of Decision, pg. 1.) In 2015, a judgment was entered in the prior case in favor of Association that it is entitled to the remedy of foreclosure on its...

Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...

Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...

Excerpt: ...stituting the fraud until after Defendant's unsuccessful attempts to repair the defects. (FAC , Para. 42.) The court deems, for purposes of demurrer, these allegations to be true. (Hacker v. Homeland Residential, Inc. (2018) 26 Cal.App.5th 270, 280.) Therefore, the 3 year statute of limitations begins to accrue when Plaintiff acquires knowledge that the vehicle is defective, not when the Plaintiff takes delivery of the vehicle. Plaintiff sufficie...

Excerpt: ...nit and made repairs to common areas, all of which were paid by the HOA's insurer. Later, LaPay's sister, Plaintiff here, became Trustee of her brother's Trust and eventually sued the HOA and its Manager for breach of governing documents, negligence, conversion, nuisance, trespass, breach of fiduciary duty, and declaratory relief. The HOA now seeks to recover prevailing -party attorneys' fees under Civil Code sections 1717 and 5975, Code of Civi...

Excerpt: ...al relationship giv ing rise to a duty to disclose. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts suffic ient 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 ...

Excerpt: ...whole and a ll 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, an d 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,...

Excerpt: ...ding trial te stimony by Goger relating to her elder abuse claims, the value of the property at issue, and the taxes paid on the property. (First Amended Complaint (FAC), Paras. 4, 18, 22, 26, 33, 39, 43, 52, 54.) Goger has met her burden of showing that Plaintiff's cla ims arose out of protected activity. Plaintiff's arguments that the anti -SLAPP statute is inapplicable are meritless. The burden now shifts to Plaintiff to show a probability of ...

Excerpt: ...he y fail to state facts sufficient to constitute a cause of action and are uncertain. In opposition, Plaintiff asserts that the demurrer is without merit, improperly submitted and should be overruled. Further, Plaintiff asserts that Tamara Cross was sued i n her individual capacity, not the law firm. In reply, the Defendant law firm asserts that the FAC simply amounts a retaliatory lawsuit against an opposing Attorney for simply representing h...

Excerpt: ... problems with the vehic le. Plaintiffs presented the vehicle for repair, but Defendant was unable to conform the vehicle to the applicable warranties. 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 warranty under the SongBeverly Act, and (3) Vio...

Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...

Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...

Excerpt: ...his former employer, 23 ½ Hour Home Services dba KC's 23 ½ Hour Plumbing, Inc. and its general manager, Bruce Smith (“Defendant” or “Smith”), for the alleged violation of various California wage and hour laws, including failure to provide overtime, failure to pay m inimum wage, failure to provide meal and rest breaks, failure to pay wages upon termination, failure to issue accurate itemized wage statements, and unlawful business practic...

Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...

Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...

Excerpt: ...sign and manufacturing def ect; strict liability – failure to warn; and res ipsa loquitor. In the Complaint, Plaintiff alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purch...

Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...

Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...

Excerpt: ...laint. Dis crimination (1st cause of action): Plaintiff alleges she was constructively terminated from her position. Constructive termination occurs when an employer engages in conduct that effectively forces the employee to resign, i.e., “that the employer either in tentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would real...

Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...

Excerpt: ...f Expert Mark Blanchette on grounds stated. Declaration of Mark Giannamore: OVERRULE Objections Nos. 1-9. SUSTAIN Objections Nos. 9-14 on grounds stated. Declaration of Mark Burns: SUSTAIN Objections Nos. 15, 17, 19 (1st), 19 (2nd), 20 ,21 and 22 on grounds stated. [The Court notes that in there is no Objection 16 indicated in the objections, and that there are two Objections Nos. 19, identified here as "19(1st) and IS(2nd). OVERRULE Objection No...

Excerpt: ... 22, 2023 (the “Policy”). Plaintiffs filed the original complaint on August 2, 2023 and the operative First Amended Complaint (“FAC”) on October 13, 2023. The Resolution bans “Critical Race Theory or other similar frameworks” in the classroom. In particular, the Resolution bans te aching of the following five elements of Critical Race Theory (“CRT”): 1. Racism is racial prejudice plus power, a concept that is often used to argue...

Excerpt: ...efendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, City approved RASI's development and construction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated...

Excerpt: ...ostic tests and procedures, conditions, scope, and nature of the examination. CCP § 2032.320(d). It is unclear what types of tests and what neurological issues the examination will cover. In reply, Defendants make no attempt to fix this issue, even though it is pointed ou t by Plaintiff. Based on this alone, the motion must be denied without prejudice. Defendants' request that Plaintiff be precluded from audio recording the examination is also ...