Excerpt: ...Defendant engaged in discriminatory conducts in violation of the Fair Employment and Housing Act ("FEHA", Gov. Code, S 12900 et seq.) and the Unruh Act (Civ. Code, S 51 et. seq.) and retaliated against Plaintiff for participating in meeting and protest against the owners for uninhabitable conditions at the premises. Defendant now demurs to each of the 12 causes of action alleged by Plaintiff in her Complaint. Plaintiff alleges that, in August 201...

Excerpt: ... 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 2030.300(c), 2031.310(c).) Defendant served responses on 8/19/22-8/22/22. However, Defendant provided an extension to 2/15/2. (Motion, Ex. 13.) The parties are required to meet and confer. (CCP "2030.300(b...

Excerpt: ... 1, 2021, Plaintiff filed her complaint for premises liability and negligence. Trial is currently set for May 5, 2023. Defendant now moves for summary judgment. (C.C.P., S 437c.) It argues the wheel stop was not a dangerous condition as it was unobstructed, and Plaintiff was walking quickly in flip flops with her five-month-old daughter in an infant car seat and not looking where she was going when she tripped and fell. It also argues that the wh...

Excerpt: ...verified complaint was filed alleging causes of achon for (1) Financial Elder Abuse [Welfare & Insttutions Code SS 15610.07; 15610.30]; (2) Intentional Misrepresentation; and (3) Quiet Title [CCP S 750.020.] Plaintiff, Margaret E. Adkins, is an 82-year-old woman and mother to Defendant Christopher Adkins ("Defendant," for purposes of this demurer). Defendant Diana Jones ("Diana") is in an unidentified relationship with Christopher, and apparently...

Excerpt: ...Storck, allege that Defendant, Spencer Food Services, Inc. (Spencer's), operates Spencer's Restaurant in Palm Springs. They allege that on 11/20/22, Plaintiffs went to Spencer's for breakfast, but were informed that they were not welcome because the owner has instituted a new policy of no children under twelve; Ellis and August are under twelve years old. Plaintiffs allege Spencer's, as owners/operators, have a duty to comply with Civil Code S 51...

Excerpt: ...ectively "Plaintiffs") were moving from Oregon to California and were looking to purchase a home in Riverside County. They hired California Dream Real Estate and Joshua Andrade ("Andrade") to help them with this task. Plaintiffs found a singlefamily residence in Beaumont. The property was owned by Yunbo Xia and Jiang Fe Li. It was disclosed that marijuana had been grown inside the house for a period of time. Plaintiffs were concerned about potent...

Excerpt: ...ntal declarations). Civ. Code S 1717(a) provides: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attor...

Excerpt: ...Bright Futures"), Perris Union High School District ("PUHSD"), and County of Riverside (the "County"), through 50 (collectively, "Defendants"). On 1/17/2023, Plaintiffs filed their First Amended and Does 1 Complaint ("FAC") against Defendants, alleging (1) assault and battery (by Clarissa against aright Futures), (2) negligence (by all Plaintiffs against all Defendants), (3) negligent retention and hiring (by all Plaintiffs against Bright Futures...

Excerpt: ...ich manages commercial properties in the counties of Riverside, Orange and San Bernardino. (Complaint, 7.) Plaintiff was hired as a non-exempt employee of MPl on 6/24/19. (Complaint, 5, 8.) Plaintiff's duties included, among other things, visiting properties, performing property inspections, drafting lease agreements, drafting evicton notices, appearing at small claim proceedings, answering phones, handling monthly billing, processing tenant stat...

Excerpt: ...aintiffs filed their Complaint on 11/8/21 alleging two causes of achon for motor vehicle and general negligence. On 1/5/22, CRST filed a Cross-complaint against Cross-Defendant, Tianyu Liu Consdante, alleging three causes of action: 1) equitable indemnity; 2) comparative partial indemnity; and, 3) declaratory relief. On 6/8/22, Hight filed a Cross-complaint similar to CRST's alleging the same three causes of action against Consdante. *** Defendan...

Excerpt: ... to replace or repurchase the vehicle in accordance with the Song-Beverly Consumer Warranty Act (the "Song-Beverly Act"). On June 22, 2022, Plaintiff filed a Complaint for: (1) Violation of the Song-Beverly Act — Express Warranty; (2) Violation of the Song-Beverly Act — Implied Warranty; (3) Fraudulent Inducement Intentional Misrepresentation; and (4) Fraudulent Inducement — Concealment. The present motion is a motion to compel arbitration ...

Excerpt: ...r and file a joint declaration, within 10 days before the continued hearing, identifying any remaining issues to be resolved by the Court. This case arises out of an automobile accident that oc:curred on February 29, 2020. Defendant Patricia Ferrusca allegedly made an unsafe left turn on a red arrow in front of Plaintiff Felizitas Hernandez's vehicle, which caused injuries to Plaintiff Felizitas and her passenger, Plaintiff Ignacio Hernandez. (Co...

Excerpt: ... for the California Department of Real Estate ("Respondent" or "DRE") revoking his real estate broker license and granting in its place a restricted broker license. 1. Petitioner's License History Cusumano has been a real estate licensee of the DRE since 1991, originally obtaining a salesperson license. He obtained his real estate broker license in 1999, and a mortgage loan originator license endorsement on his broker's license in 2010. Petitione...

Excerpt: ...subject of judicial notice), 8, 9, 10, 11, 12, 13, and 14. The remaining objections are OVERRULED.I FACTS According to the first amended complaint (FAC), on June 9, 2019, Plaintiff Shenji Liu dba Stone Buddha Transport's ("Plaintiff") tractor- trailer truck ("truck") was being driven by non-party Richard Brown on the 1-10 freeway. Defendant Armando Cardin ("Cardin"), who was allegedly under the influence of alcohol, collided with the truck causin...

Excerpt: ...contends that Respondent informed it that it would renew the lease agreement, if Petitioner spent millions of dollars repairing and improving the property. Petitioner alleges that it agreed to this proposal and a contract was formed. It asserts that despite this agreement, Respondent solicited bids through a request for proposal process and did not select Petitioner despite the agreement and the $1.3 million spent by Petitioner to improve the pro...

Excerpt: ...estified that he was the current property owner of the subject property at 500 East Amado Rd., Palm Springs. In May 2022, he leased it to Michael De Angelo. At Michael De Angelo's request (purported tax advantage) he changed the lease to reflect IICR, LLC as the leaseholder with Michael De Angelo remaining as a guarantor. Exhibit 1 was introduced reflecting the aforementioned change in handwriting. After the lease started, Michael De Angelo reque...

Excerpt: ...ated a duty to disclose, the Court grants the moton for summary adjudication. The Court finds no triable issues of fact exist for a duty to disclose underthe Asset Purchase Agreement. Factual / Procedural Context: On August 5, 2019, Plaintiff Humble Fitness Beaumont, Inc. ("Plaintiff") entered into an Agreement for the Purchase and Sale Assets ("Agreement") with Defendant Bedazzling Beaumont, LLC ("Bedazzling") and fts owner, Reid Bradley ("Bradl...

Excerpt: ... California Clerk Recorder Fictitious Business name searches. JUDGMENT ON THE PLEADINGS A moton for judgment on the pleadings has the same function as a general demurrer and the same rules govern except as provided by CCP 5438. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) CCP 5438 sets forth the grounds and procedures for the motion. The grounds for a motion for judgment on the pleadings must appear on the face of the challen...

Excerpt: ...]o policy of insurance shall provide, or be construed to provide, any coverage or indemnity for the payment of any fine, penalty, or restitution in any criminal action or proceeding .. (Ibid.) It does not prohibit the use of insurance proceeds to offset criminal restitution. To the contrary, case law establishes that settlement payments made to a crime victim by the criminal defendant's insurance carrier must be offset to respondent's restitution...

Excerpt: ...ond Amended Complaint (the operative complaint), filed on July 26, 2021, against Life Care Centers of America, Inc. dba Life Care Center of Menifee; Roger Groves, KND Development 54, LLC dba Kindred Hospital of Riverside ("Kindred Riverside"); Kindred Healthcare Operating, LLC ("KHO"); Silverscreen Healthcare, Ind. Dba Asistencia Villa Rehabilitation and Care Center; Renew Health Consulting Services, LLC; Crystal Solorzano; Shawn Stallworth, a No...

Excerpt: ...d by a second position deed of trust recorded against Plaintiffs' property. In 2008, they had trouble making payments on the loan and contacted the servicer. After settlement negotiations, no statements were sent and Plaintiff believed the loan was charged off. Twelve years later, in 2020, defendants Planet Home Lending LLC ("PHL") and Prestige Default Services ("Prestige") sought to foreclose on Plaintiffs' property. Plaintiffs tried to negotiat...

Excerpt: ...g with a companion when she tripped and fell on uneven or protruding pavement in front of a residence located at 6639 Wells Springs Street located in Defendant City of Eastvale ("City"). The residence is owned by Defendants Frank and Janet Seo ("Seos"). Plaintiff allegedly sustained serious injuries as a result of the fall. On December 18, 2020, Plaintiff served a government tort claim on the City pursuant to the Government Claims Act. Plaintiff'...

Excerpt: ...to Nos. 4146 and 59-61. The Court denies the request for sanctions. Factual / Procedural Context: This is a derivative action brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested ...

Excerpt: ...s counsel and signed by this Court is void because the Court lacked jurisdiction to sign said order since a 4/6/22 minute order indicates the matter was dismissed. Plaintiff is correct that a court has limited jurisdiction when a matter is properly dismissed. "Upon the proper filing of a request to voluntarily dismiss a matter, the trial court loses jurisdiction to act in the case, 'except for the limited purpose of awarding costs and statutory a...

Excerpt: ...Defendant to provide notice pursuant to CCP 1019.5. This is an action brought by Plaintiff Michael Capozza, as Trustee of the Michael A. Capozza Separate Property Trust dated January 25, 2018 ("Plaintiff"), individually and derivatively, on behalf of 395 Palm Canyon, LLC ("395 PC"). On December 22, 2022, Plaintiff, individually and derivatively on behalf of Nominal Defendant 395 Palm Canyon, LLC ("395 PC") filed the operative First Amended Compla...

Excerpt: ...ural background: Plaintiff alleges that on 6/6/21, at McCall Blvd and Sandy Lodge Road in Menifee, Plaintiff, who was riding his bike, collided with an object attached to a fire hydrant that was obstructed by an cwergrown tree and poor lighting. A Protective Cage Rental was attached to the fire hydrant and improperly installed such that it was encroached on the sidewalk. The complaint, filed 5/27/22, asserts general negligence and premises liabil...

Excerpt: ...based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas Three LLC by which Cardenas loaned to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conveyed the properties to Zenith for fake private hard money loans. According to Plaintiffs, the result wa...

Excerpt: ...anager, FF Proper
Ÿes, L.P. (collec
Ÿvely “Defendants”). Carrie contends that the property was kept in untenantable condi
Ÿons. A
Ler she complained about said condi
Ÿons, she was retaliated against and harassed. She lived at the premises with her partner and children. The third amended complaint asserts causes of ac
Ÿon for: (1) breach of contract, (2) breach of the covenant of quiet enjoyment, (3) breach of the warranty of habitability...

Excerpt: ...(Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. (C.C.P. §576; Grieves v. Sup. Ct. (Fox) (1984) 157 Cal.App.3d 159, 168; Price v. Dames & Moore (2001) 92 Cal.App.4th 355, 360.) Irrelevant matter includes allegations that are not essential to the claim; ...

Excerpt: ...t of the sale of a single-family house in Palm Springs. Plaintiffs Greta Protctor and Brian Headman bought the property in the summer of 2018 from Jacqueline Thomas, DeeAnn McCoy, Freyed So LLC, and Thomboy Properties Inc. (“Sellers”). Plaintiffs allege the Sellers had purchased the property in 2017 as unlicensed flippers, knowing the property had significant construction defects. The Sellers used unlicensed subcontractors to perform work but...

Excerpt: ...waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel specific pe...

Excerpt: ...e 3. It then states the issues regarding the first and second causes of action are set forth together on page 12. This would be improper. Each cause of action where summary adjudication is sought must be separately set out. (California Rules of Court, Rule 3.1350(d)(1).) However, on page 12, it does not appear to address the first and second causes of action, but instead addresses the first cause of action in Roripaugh's cross-complaint. The noti...

Excerpt: ...he expiration of the two year statute of limitations, Defendant terminated his representation by letter. The letter stated that the date of the collision was 12/16/18 and although the letter repeatedly stated that the two year anniversary of the accident was coming up and that Plaintiff needed to file a cause before that date, the letter did not give the exact date of expiration of the statute of limitations or whether Defendant would assist in p...

Excerpt: ...losure or concealment may constitute actionable fraud: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. Where, as here, a fiduciary relationship does not exi...

Excerpt: ...gh the filing of a timely creditor's claim (Prob. Code, § 9100 et seq.) in the pending probate proceeding for the administration of Jorge Cuevas's estate. The demurrer is sustained without leave to amend if Plaintiff cannot explain how the Complaint may be amended. As to the fifth, sixth, and seventh causes of action, the Demurrer is overruled for the reason that Plaintiff has sufficiently stated a cause of action for impairment of community pro...

Excerpt: ...nd otherwise overruled the demurrer. Plaintiffs subsequently amended the complaint. Defendant now demurrers to the first cause of action for Elder Abuse in the First Amended Complaint arguing that the pleadings are insufficiently specific and do not set forth recklessness, malice, oppression or fraud. The Court disagrees. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary a...

Excerpt: ... records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Here, Defendant requests the Court take judicial notice of the prior lawsuit, but it is not relevant based on the sole argument presented – that the Court lacks jurisdiction over the matter because it is barred by the two-year statute of limitations in C.C.P., § 338.1. A...

Excerpt: ...urt stating the means by which the parties met and conferred and identifying the specific objections in the demurrer that the parties were unable to resolve. As of March 2, 2023, no declaration had been filed. Without this declaration, there is no evidence the parties have properly met and conferred. Thus, for failure to follow the Court's order, the Court shall overrule the demurrer. However, even if there was a proper meet and confer, the Court...

Excerpt: ...19, Plaintiff attended Riverside Polytechnic High School and was on the varsity basketball team. Defendants Desmond Granger (“Granger”) was an assistant basketball coach who continuously engaged in grooming behavior, sexual harassment and inappropriate sexual touching of her and other members of the team. Plaintiff alleges she reported this behavior to Defendant Ashley Trotter “(Trotter”), another assistant basketball coach, and Sid Llara...

Excerpt: ...th a similarly named business, “Ellis Hospitality Services, LLC” and that that entity is the one that is or should be addressed in Plaintiff's complaint, along with its managing member “Tim Ellis,” and that instead of “Ellis Hospitality Group LLC” and “Jyoti Patel” have no relationship with Plaintiff. They cite Exhibit 12 to the Complaint, a Letter of Intent signed by the various Defendants named in this action, including “Ellis...

Excerpt: ...sputed facts show they did not breach any duty owed to Cano (the first cause of action for negligence) and did not make any material misrepresentations and further that Cano's failure to read the insurance policy makes his reliance on any alleged misrepresentations unreasonable as a matter of law. Take judicial notice as requested by moving parties. Deny motion for summary judgment/adjudication. Cano or his assignee is not seeking to recover agai...

Excerpt: ...cal error” is shown, the judgment is corrected nunc pro tunc, i.e., the correction dates back to the when the judgment was entered. (Ames v. Paley (2001) 89 Cal.App.4th 668, 673; Bell Farmers Ins. Exch. (2006) 135 Cal.App.4th 1138, 1144.) A “clerical error” results when the order or judgment misstates the court's actual intent, i.e., an error in recording the judgment rendered. (Burch v. CertainTeed Corp. (2019) 34 Cal.App.5th 341, 346; Mar...

Excerpt: ...at it needs to pay the entire settlement amount of $75,000 to resolve this action. (Def.'s Opp. 1:23–24.) Even if it does, the evidence shows that Defendant repudiated the Settlement Agreement by failing to make the first and second installment payments and by refusing to provide the conforming declaration of Mr. Dodd. Thus, Plaintiffs are entitled to a judgment for the entire $75,000 settlement amount. Paragraph 6 of the Settlement Agreement i...

Excerpt: ...party bears the burden of proving the existence of a valid arbitration agreement, which can be met by attaching a copy of the agreement. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842. The burden then shifts to the opposing party to prove any defense. Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2015) 55 Cal.4th 223, 236. “In these summary proceedings, the trial court sits as a trier of fact, weighi...

Excerpt: ... $45,566.43 which includes: a. $18,165 for a jury consultant; b. $22,746.50 for a one-time bulk printing fee; c. $4,654.96 for the computational error as noted Plaintiff in its reply. c. Item 16 – Tax $816.72 ABI Document Support Services claimed in item 16 as these costs appear to be for Halio and Presley. The Court finds insufficient evidence to blanket tax any other costs. d. The Court calculates interest accrued as to Andrew to be $39,323.7...

Excerpt: ...tial and owned by Defendants. The County filed the Complaint on 3/15/22 for preliminary and permanent injunctive relief for abatement of a nuisance. The County filed proofs of service showing Defendants were personally served with the summons and complaint on 3/26/22. Defendants were given notice of ex parte hearing and they appeared on 4/27/22, at which time the Court granted the County's ex parte application for a TRO, ordering Defendants to ce...

Excerpt: ...empts. Plaintiff filed the Complaint on October 22, 2021, alleging violations of subsections (a)(3), (b) and (d) of Civil Code § 1793.2, as well as breach of express and implied warranty under the Song-Beverly Warranty Act (the “Act”). Plaintiff noticed the deposition of GM's Person Most Qualified (PMQ) on May 4, 2022. GM objected to the notice on several grounds. Plaintiff's counsel made multiple attempts to set a date with GM's counsel. On...

Excerpt: ...”) which included an agreement to arbitrate. (Won Decl. ¶ 6, Ex. B at 5; Compl. ¶ 5, Ex. 1.). During the warranty period, the subject vehicle developed defects and nonconformities in the transmission. (Compl. ¶¶ 10–11, 15, 33.) Ford has been unable to service or repair the vehicle to conform to the applicable warranties after a reasonable number of attempts. (Id. at ¶¶ 12, 34–38.) On September 6, 2022, Plaintiffs filed a Complaint for...

Excerpt: ...2 and 3. Respondent does not have a mandatory duty to distribute the entirety of the Trust res upon Decedent's death (UFs 26-27) The trustee's duty to distribute under Probate Code § 16220 is subject to Respondent's paramount fiduciary duty under Probate Code § 16202. There is a triable issue of fact as to whether Respondent has properly withheld distribution of the Trust assets. On issue 3, Respondent asks the court to adjudicate the issue of ...

Excerpt: ...based on a Residential Lease Agreement (RLA), dated 12/29/16, which included an option to purchase provision. The first option to buy was for $110,000 and the second at $169,000 (represented by a Residential Purchase Agreement between the Trust and Defendants), but based on the lender's appraisal of the Subject Property Page 5 of 9 should be $150,000) The RLA included an attorney's fee provision (paragraph 40) providing that in any action or proc...