Excerpt: ...al provision was adopted, the enactors intended that it include a damages remedy for a violation (Katzberg v Regents of University of California (2002) 29 Cal4th 300, 317 (analyzing section 7)) If there is no a
¯irmative intent to allow or withhold damages, the court must then determine whether an adequate remedy exists, the extent to which a constitutional tort action would change established tort law, and the nature and signiÞcance of the...

Excerpt: ...spite it being Þled a day late, because it was only late due to the change in the hearing date or the demurrer, and Plainti
¯ still had su
¯icient time to Þle a reply, so it was not prejudiced by the 1-day delay. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all o its parts in their context. (Moore v. Regents o University o Caliornia (1990) 51 Cal.3d 120, 125.) The court a...

Excerpt: ...uled as to the Þfth cause of action for Accounting. As the case is not at-issue, the Court shall continue the currently-set CMC to April 29, 2024 at 8:30am. Factual / Procedural Context: Plainti
¯ Radhe Radhe Transport Inc. alleges that Jagdish Kumar Rajgor, Harish Raj Kumar and Defendant Raj Kumar Pandey formed Plainti
¯. Plainti
¯ purchased a new commercial truck that was Þnanced through Opportunity Fund, who demanded that the truck be put...

Excerpt: ...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 Þled a Cross-Complaint against Home Care. In his original cross-complaint he alleged that he could not be released from his rehabilitation center without proof of 24-hour care. Home Care represented that it could provide said care and it would ...

Excerpt: ...in Plainti
¯ and Defendant Bing Dai (“Defendant Bing Dai”) lived and owned as marital property. According to Plainti
¯, the Eastvale Property was not subject to the martial dissolution, and on or about June 8, 2017, Plainti
¯ obtained a judgment against Defendant Bing Dai in the amount of approximately $300,000.00 for unpaid marital dissolution settlement funds. Since obtaining the Judgment, Defendant has transferred assets and other valua...

Excerpt: ...Reel Fathers Rights (“RFR”) and Mark A. Reel, Jr. (“Mr. Reel”) (collectively, “Defendants”) in April 2022 as a Managing Attorney of RFR, a law Þrm dedicated to representing fathers in family law matters. (Complaint (Compl.) ¶¶ 8–10.) Plainti
¯ executed an Employment Agreement on 4/21/2022, and began working for Defendants on 5/2/2022. (Id. at ¶¶ 10–11.) Under the Employment Agreement, Plainti
¯ was to be provided 10% equity...

Excerpt: ...ted a modiÞcation of the deed of trust which reßected deferred principal of $119,829.99. In March 2022, Defendant US Bank Trust National Association, (“US Bank”) became the assignee and holder of the Deed of Trust. On April 5, 2022 Defendant MTC Financial, Inc. dba Trustee Corps (“Trustee Corps”) recorded a notice of default. In May 2021, HOA acquired the property. In July 2023, Trustee Corps recorded a notice of trustee sale. Plainti
�...

Excerpt: ...t must provide further responses that comply with the requirements of CCP §2031.230; speciÞcally, Defendant must identify why the requested documents are unable to be produced (never existed, lost, misplaced, stolen, in another's possession, etc.). RFP Nos. 15-20, 35-40, 55-60, 75-80, 95-100, 119, 121: Defendant is ordered to produce any relevant police reports related to the incidents alleged in Plainti
¯s' Complaint. Defendant is ordered to ...

Excerpt: ...�'s vehicle. Defendant Patricia Solis is alleged to own the vehicle operated by Analley Solis (“Solis Defendants”). Plainti
¯ Þled the complaint on November 10, 2022, alleging 1) motor vehicle negligence; and 2) general negligence. On July 20, 2023, the Solis Defendants Þled a Notice of Settlement and simultaneously Þled an Application for Determination of Good Faith Settlement. Plainti
¯ Þled an Objection to the Notice of Settlement on...

Excerpt: ...(2) Bonds' prior workers' compensation claims, is reasonable (Defendant has agreed to withdraw the subpoena as to and Robbins Brothers Inc) Page 3 of 10 Defendant is ordered to serve revised subpoenas to Plainti
¯'s former employers Lineage Logistics, LLC and Harbor Freight Tools that is consistent with this ruling The Court also orders the parties to enter into a Protective Order to preserve the privacy interests of Plainti
¯ The Court den...

Excerpt: ...ness” (food truck business) located at 5666 Etiwanda Ave., Suite F, in Jurupa Valley. Nunez also agreed to assign the lease and any other necessary assignments. She acknowledged receiving $100,000 from Plainti
¯. The Master Lease is between Defendant, Nunez Plaza, LLC and Plainti
¯ for 3800 square feet of warehouse space and 21,700 square feet of parking lot space. The Lease term was three years beginning 6/1/20. Plainti
¯ gave Nunez a $6,00...

Excerpt: ...cts that Thor's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled ...

Excerpt: ...NT ON 2ND AMENDED COMPLAINT FOR OTHER COMPLAINT (OVER $25,000) OF JASON HUNTER Tentative Ruling: This action for recovery under the California False Claims Act (“CFCA”) at Government Code, § 12650, et seq. has been brought by Plainti
¯ Jason Hunter in a representative capacity on behalf of the public. The Second Amended Complaint (SAC) revolves around a City Council closed session meeting that occurred on 12/10/19 when former City Manager T...

Excerpt: ...dustry standards. (Id. at ¶ 57.) Dealer allegedly breached this duty by failing to properly store, prepare and repair the vehicle in accordance with industry standards. (Id. at ¶ 58.) With respect to damages, Plainti
¯ allege, in a conclusory way, that Dealer's “negligent breach of its duties” proximately caused their damages. (Id. at ¶ 59.) Plainti
¯s fails to otherwise plead the nature or extent of what their damages are. (Id.) Therefo...

Excerpt: ...y, and is causing downstream property damage to the Deleo property, including but not limited to, severe erosion, signiÞcant damage to trees, and the destruction of the irrigation system. (Complaint, Para. 25.) Defendant KB asserts that this action is time barred because Plainti
¯ has failed to timely challenge the government approval of KBs subdivision plan for the development during the approval process and the applicable period for review. ...

Excerpt: ...rator, Doe 3, demurrers once again to the only cause of action against it, for negligent hiring, supervision, and retention. The Court previously sustained a similar demurrer to the Complaint. Plainti
¯ has now addressed the deÞciencies in the prior complaint. Doe 1 contends that Plainti
¯'s third cause of action is barred by the applicable statute of limitations under Code of Civil Procedure section 340.1. Doe 1 contends that nothing in the F...

Excerpt: ... the veriÞed complaint in this matter on May 30, 2023 against defendants Reverse Mortgage Funding, Inc (“RMF”), Breckenridge Property Fund 2016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plainti
¯ Þled the operative Þrst amended complaint (“FAC”) on November 27, 2023. With the exception of a handful of paragraphs, the allegations of the FAC are virtually identical ...

Excerpt: ...aint, Plainti
¯s seek dissolution of a partnership that was created between the parties on January 1, 1999, to manage the Oak Crest Ranch (the “partnership”). Plainti
¯s allege dissolution is proper because of Defendant M. William Tildens improper unilateral control of the partnership, and denial of Plainti
¯s access to the partnerships books, reports, and records. (Complaint at ¶¶ 9-10, 19-27, 34-35.) On January 3, 2022, Defendants �...

Excerpt: ...as Gomez (“Gomez”), who was driving in the scope of his employment with Defendants Jat Trucking (“Jat”) 50 60 Heaven (“Heaven”) and/or Fedex Ground Package Systems, Inc. (“Fedex”). Plainti
¯s allege that Gomez was driving negligently at the time of the incident. Decedents parents Plainti
¯s Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg (“Plainti
¯s”) Þled their Complaint on M...

Excerpt: ...igence; and 2) premises liability Page 3 of 11 Defendant Forge Partners LLC (“Defendant”) (owner of the property) now moves for summary judgment on the ground there is no issue of material fact as the allegedly unsafe condition was “open and obvious” and there was no necessity that Plainti
¯ encounter the allegedly unsafe condition Defendant argues Plainti
¯ was leaving her daughter's apartment in the afternoon and stepped o
¯ the co...

Excerpt: ... requested.” (CCP § 2025.230.) The deponent must “designate and produce at the deposition those of its o
¯icers, directors, managing agents, employees, or agents who are most qualiÞed to 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, “...

Excerpt: ...various warranties, including a 4-year/50,000-mile express bumper to bumper warranty, a 4-year/50,000-mile powertrain warranty. Plainti
¯ asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, emission, steering, electrical and suspension defects. Plainti
¯ delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to r...

Excerpt: ...ral), that party may Þle a motion compelling further responses. (CCP § 2031.310.) The motion to compel further responses “shall set forth speciÞc facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and speciÞc facts...

Excerpt: ...vil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plainti
¯s move for an order (1) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party Lyon Real Estate on November 8, 2023, (2) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party United Wholesale Mortgage, LLC...

Excerpt: ...side, Inc., Riverside Healthcare Systems, L.P. as a resident physician at Riverside Community Hospital in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plainti
¯ alleges the defendants discriminated against her based on age, sex, national original, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, su
¯ering from a spinal defect. She alleges that individ...