Excerpt: ...R $25,000) OF GREGORY O'CONNOR 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR BY EASTERN MUNICIPAL WATER DISTRICT FACILITIES CORPORATION CVRI2301595 O'CONNOR VS EASTERN MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR Tentative Ruling: With respect to E...

Excerpt: ... under ERISA § 502(a), 29 U.S.C. § 1132. Conßict preemption does not apply under ERISA § 514, 29 U.S.C. § 1144, since Plainti
¯'s c l a i m s h e r e or implied contract, misrepresentation, negligence and quantum meruit are based on the alleged oral representations made by United's employee regarding a promise to pay or services provided by the Surgery Institute. While the Plan may be the initial step in the causation chain, in that the a...

Excerpt: ...inti
¯ alleges that during the warranty period, the Subject Vehicle developed nonconformities, including a transmission defect which causes the vehicle to experience hesitation, delayed acceleration, harsh or hard shifting, jerking, shuddering and/or juddering (“Transmission Defect”). Plainti
¯ asserts that, despite its inability to repair the Subject Vehicle, Defendant refuse to repurchase the vehicle in violation of the Song Beverly Consu...

Excerpt: ... by Defendants from January 2014 to April 2017. (Complaint, ¶¶ 7-8.) Plainti
¯s allege that during their tenancy they repeatedly complained to Defendants about maintenance of the septic well/tank and repeatedly requested that Defendants change the water Þlters connected to the Property in order to avoid contamination of the water from harmful bacteria. (Complaint, ¶¶ 12.) However, Defendants ignored Plainti
¯s' requests and failed to maint...

Excerpt: ...h his LLC 1801 Boulevard Holdings, LLC, is alleged to have wrongfully taken Plainti
¯s' property at 1817 Pintura Circle West. Plainti
¯s' case against Bordewick and the LLC was Þled in 2019 and tried before Judge John Vineyard in September 2021. That case resulted in a verdict in favor of Bordewick and the LLC, and a statement of decision explaining that Plainti
¯s' transfer of the 1817 Pintura property was supported by adequate consideration...

Excerpt: ...of need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plainti
¯ need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549550.) A demurrer on the ground of uncertainty will only be sustained where a defendant cannot reasonably determine what issues must be admitted or denied, or ...

Excerpt: ...he FAC is uncertain based on incorporating by reference paragraphs. (See FAC, ¶¶ 45, 70, 79, 89, 111, 124, 140, 145, 155, 163, 168.) Incorporating by reference is a common pleading practice and the demurrer is overruled to the extent it is based on this practice. Defendant also contends that Plainti
¯s fail to state who the eighth, ninth, tenth, eleventh, and twelfth causes of action are brought by. Typically this is indicated in the heading t...

Excerpt: ...alleges that defendant Jea So (“Defendant” or “So”) swindled him out of his retirement savings by convincing him to invest in her company, defendant 100Bio, LLC (“Company”). (Second Amended Complaint (“FAC”), ¶¶ 8, 9.) Plainti
¯ alleges So represented that she was well experienced in the biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (Id., ¶ 10.) Defendant So was the founder ...

Excerpt: ...rt to Þle their Second Amended Complaint within 16 days of this order becoming Þnal. The deadline is mean to coincide with the previously sustained demurrer of other defendants in this action. Moving party to provide notice pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plainti
¯ Je
¯ Johnston, acting in pro per, alleges 27 causes of action. In the instant motion, Defendants Reliance Partners, Inc...

Excerpt: ... for elder abuse. Plainti
¯ was 87-years old at the time of his residence at Defendant's facility. (FAC, ¶ 1.) On May 22, 2022, Plainti
¯ was admitted to the hospital at which Defendant took on a custodial relationship. (Id at ¶ 11.) Plainti
¯ alleges that Defendant's sta
¯ failed to properly monitor and assess his skin condition, failed to reposition his legs, failed to provide wound care or notify a physician when his skin deteriorated an...

Excerpt: ...on to strike punitive damages. The Court orders Defendants to Þle their answer within 30 days. Factual / Procedural Context On December 10, 2021, Plainti
¯ Ashley Perkins was shot with a gun while at Defendant Valley Wide Towing, LLC (“Valley Wide”) located at 24850 Rivard Road in Moreno Valley. Plainti
¯ alleges Plainti
¯ Randy A. Wilson (“Wilson”) is a manager and owner and/or operator of Valley Wide. Plainti
¯ was shot in the back...

Excerpt: ...PLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. JOINDER TO DEMURRERS AND REQUESTS FOR JUDICIAL NOTICE FILED B...

Excerpt: ...ll expenses including upgrades, and within 30 days of closing, Defendant agreed to execute a new grant deed naming Plainti
¯ and Defendant as joint tenants in common with each holding a 50% ownership interest in the real property. Defendant did not execute the new grant deed, and Plainti
¯ Þled a lawsuit seeking speciÞc performance of the Agreement and obtained a judgment stating that Plainti
¯ is a tenant in common with a 50% ownership in t...

Excerpt: ...ndants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and tra
¯ic issues for the community, causing a public nuisance. (Id. at ¶ 4.) On September 25, 2023, the County Þled 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 ...

Excerpt: ... prior MSJ was never withdrawn. Procedurally, Moving Party should have withdrawn the original MSJ and then reÞled its new MSJ. Accordingly, the only Motion that can be heard today is the Original Motion Þled on August 16, 2023. The so-called “Amended” MSJ is stricken. On its merits, the MSJ is DENIED. Plainti
¯s objection to the photographs is SUSTAINED. This leaves the only relevant evidence to be Plainti
¯s deposition that only identi...

Excerpt: ...nt of Horizon Mobile Village and RV Park, which is owned or operated by Defendant Laguna and, it appears, Horizon, which was added into the action as Doe 2. On December 17, 2020, another tenant, Raymond Bernal, stabbed McKee when McKee intervened to stop Bernal from assaulting another tenant. McKee asserts that moving Defendants breached a duty of care owed to the Plainti
¯ by creating a dangerous condition, failing to warn of danger, and failin...

Excerpt: ... Keating (1984) 465 U.S. 1 12; Volt Ino. Sciences Inc. v. Board o Trustees o Leland Stanord Junior University (1989) 489 U.S. 468 477. The FAA embodies a strong ederal policy avoring arbitration. Southland 465 U.S. at 12. The arbitration agreement provides that “[a]rbitration shall be conducted in accordance with and pursuant to the then-e
¯ective provisions o the CAA or i applicable the then-current provisions o the FAA.” D...

Excerpt: ...tions are both denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. On October 6, 2023, Plainti
¯ Oasis Independent Medical Associates, Inc. (“Plainti
¯” or “Desert Oasis”) Þled a Complaint against Defendants, Job Lopez, Nurse Practitioner (“NP Lopez”), Juan M. Acosta, M.D. (“Dr. Acosta”), Coachella Valley Medical Group IPA Inc. (“CVMG”), Francisco Cordova, M.D. (“Dr. Cordova”), Carlos Lopez, M.D. (“Dr. Lopez�...

Excerpt: ...t denies Plainti
¯'s request for sanctions. Facts/Procedural Summary Plainti
¯ purchased a 2018 Chevrolet Silverado manufactured and warranted by Defendant GM. Plainti
¯ alleges the vehicle is plagued with serious defects and nonconformities to warranty and Defendant has been unable to remedy the problem within the warranty period. Plainti
¯ alleges Defendant failed to promptly repurchase or replace the vehicle in accordance with the SongBeve...

Excerpt: ...Defendants”), alleging (1) violation of the California Self-Service Storage Facility Act (Bus. & Prof. Code §§ 21700) and (2) violation of the Unlawful, Unfair or Fraudulent Business Acts and Practices (Bus. & Prof. Code §§ 17200 et seq.). On 5/31/2023, the Court dismissed the entire action without prejudice (Order of Dismissal was Þled by the Court on 6/5/2023). Plainti
¯s had failed to appear at two consecutive hearings after having bee...

Excerpt: ...19, defense counsel Þled an answer on behalf of Defendants Lopez and David Sanchez dba Apple Markets, Inc (erroneously sued as “Apple Markets, Inc”) At no time did Defendants seek to amend their answer indicating who was appearing before the court Trial commenced before a jury On 10/20/22, a jury returned a verdict in favor of Plainti
¯ and against Defendants Lopez and Sanchez dba Apple Markets, Inc On 11/21/22, the court entered judgm...

Excerpt: ... Blvd. in Perris (“property”). On June 15, 2019, Plainti
¯'s predecessor, 420 Harley Knox, LLC, a California LLC (“Prior Landlord”), entered into a lease with Defendant COTC Management, LLC (“COTC”) for the property. On July 27, 2021, Prior Landlord and Tenant entered into that certain First Amendment to Lease (“First Amendment”), whereby Defendants 420-1, LLC (“420-1”) and 420-3, LLC (“4203) were added as additional tenant...

Excerpt: ... respect to sanctions, no sanctions are awarded to either party. The court, upon motion reasonably made by the party, the witness, any consumer, or employee whose personal records are sought, “or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may declare, including ...

Excerpt: ... case. Plainti
¯ Dilia Kepley (“Plainti
¯”) alleges she was employed by defendant Desert Sands UniÞed School District (the “District” or “Defendant”) from November 2011 to April 2021 as a Food Tech Prep. (First Amended Complaint (“FAC”), ¶¶ 19, 51.) Plainti
¯ alleges that she su
¯ered a work injury in 2017 while preparing food for student meals, including a torn rotator cu
¯, biceps tendon tear and subacromial shoulder imp...

Excerpt: ...t D/T Carson Enterprises (“Carson Enterprises”) from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. alleges that co-worker, Steven Young (“Young”) made sexually explicit comments and gestures to Plainti
¯ due to his perceived orientation. Plainti
¯ asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was ter...