Excerpt: ...CCP § 430.50 p rovides that a demurrer to an answer may be taken in whole or to one or more of the defenses. 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. (Moore v. Reg ents 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 fro...

Excerpt: ...larations showing why the “interests of justice” will be served by granting the preference request. (CCP §36(e).) The decision to grant or deny a preferential trial setting under CCP §36(e) “rests at all times in the sound discretion of the trial court in light of the tot ality of the circumstances.” (Salas v. Sears, Roebuck & Co. (1986) 42 Cal.3d 342, 344.) In general, “judges are reluctant to grant preferential trial setting. With t...

Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...

Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...

Excerpt: ...bined co ntract and tort in this claim against Defendants as such it is uncertain. Plaintiffs allege they entered into a contract with Defendants to provide physical therapy services, Plaintiffs agreed to pay for the services, but Defendants failed to perform as p romised as the therapist abused NJ instead of providing therapy. (SAC, ¶¶ 42 -46.) However, Page 2 of 3 Plaintiffs have not alleged damages as a result of the breach of contract, inst...

Excerpt: ...tely at the commencement of the action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendan...

Excerpt: ...blish that Defendant's conduct was extreme or outrageous, or that Plaintiff sustained severe emotional distress as a result of Defendant's conduct. For NIED, Shannon argues that there is no independent tort of NIED, but rather a negligence claim, and Plaintiff cannot establis h any duty owed by Shannon to her, cannot establish any breach of any duty, and cannot establish that his conduct caused her to suffer severe emotional distress. Sixth Cause...

Excerpt: ...ssage En v y. Pl aintiff alleges sh e was termin ated af ter s h e protested unsafe instructions to personally engage with clientele, and to contact them directly to solicit their business on an unrecorded line. Plaintiff filed the original complaint on July 17, 2023 and the operative First Amended Complaint on November 2, 2023 (“FAC”), alleging 1) whistleblower retaliation (Labor Code §§ 1102.5 et. seq.), and 2) wrongful termination in vi...

Excerpt: ...ntiary and/or terminating sanctions. (Code Civ. Proc., § 2023.030(a) -(d).) The court has discretion to issue a terminating sanction in response to a misuse of the discovery process. (Code Civ. Proc., §§ 2023.030(d), 2030.300(e).) Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's actio...

Excerpt: ...“Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 2022, alleging breach of contract, quantum meruit, foreclosure o...

Excerpt: ...ounty filed a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County alleged that Defendants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and traffic issues for the community, causing a public nuisance. (Id. at ¶ 4.) In the Complaint, the County asked the Court to declare that the conditio...

Excerpt: ...n of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiff alleges that on October 17, 2021, he purchased a 2021 Forest River Puma (the “RV”) from Beaumont RV. (Complaint at ¶ 4.) In connection with the sale, Forest River provided an express limited warran ty on the RV. (Complaint at ¶ 5.) Beaumont RV sold the RV to Plaintiff with defects in materials and workmanship. (Complaint at ¶ 7.) During th...

Excerpt: ... are prop erly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs lack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counsel...

Excerpt: ...ined a h ead injury and concussion. She was driving her vehicle at the time of the accident with a blood alcohol level above the legal limit. She was arrested at the scene by police officers from Cathedral City. Although she had a head injury, she was not taken to a hospital nor examined by medical personnel. Instead, she was booked at the Riverside County John Benoit Detention Center, and did not receive medical care at the jail. The next mornin...

Excerpt: ...acate afte r being served with a 60-Day Notice to Quit, failing to pay rent due on 2/1/22, taking all of the furnishings/personal property of Plaintiff when they vacated the premises; and fraudulently delaying legal proceedings to harm Plaintiff knowing he intended t o sell the property. Plaintiff filed his operative Second Amended Complaint (SAC) on 12/22/22 alleging four causes of action: 1) breach of contract; 2) common counts; 3) conversion;...

Excerpt: ... On September 6, 20 23, Defendant moved for summary judgment on the grounds that there were no triable issues of material fact that Defendant did not create any hazard that caused Plaintiff's fall or that they had a reasonable time to discover and correct any hazard. On November 17, 2023, Defendant filed a notice of non- opposition. On November 20, 2023, Plaintiff filed an ex parte application, seeking relief under CCP § 437c(h) for continuanc...

Excerpt: ...k directly next to the racetrack constitutes gross negligence. Additionally, there are triable issues as to whether this truck increased the inherent risks of go -kart racing for the purpose of the doctrine of primary assumption of risk. The motion for summary judgeme nt is granted as to American Indoor Speedway and Robert Peterson as there is no evidence that American Indoor Speedway or Robert Peterson owned, operated, managed or controlled the ...

Excerpt: ...e the January 8 , 2024 Notice of Motion is untimely. However, the order of dismissal was entered on December 8, 2023. Also, there is technically no “judgment” of dismissal. So, this motion is seeking relief from a judgment that does not exist. (See below). Nonetheless, a motion to vacate under CCP § 663 is the wrong procedural mechanism for Plaintiff to seek redress. A ‘judgment' is defined as “the final determination of the rights of ...

Excerpt: ...l distress. Plaintiff argues that this motion should be denied because the arbitration agreement is unconscionable is prohibited under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401, 402. The Court agrees and denies the motion. The parties agree that the agreement at issue is governed by the Federal Arbitration Act, which favors enforcement of arbitration provision in any contract “evidencing a tran...

Excerpt: ...he applicable warran ties. 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 w arranty under the SongBeverly Act, and (3) Violation of Civil Code § 1750 (The Consumer Legal Remedies Act, “CLRA”). Plaintiffs brings this Motion to Defendant to pr...

Excerpt: ...erica, Inc. (“Volkswagen”) and SHAYCO, Inc. dba Ontario Volkswagen (together “Defendants”) for: (1) breach of express warranty in violation of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”); (2) violation of § 1793.2 of the Song Beverly Act; and ( 3) negligent repair. In his Complaint, he alleged that the 2021 Volkswagen ID.4 that he purchased on 9/18/22 had defects and nonconformities that substantially impaired its...

Excerpt: ...l be perm itted. This is a lemon law case stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly aft...

Excerpt: ... Food, Inc. , and Rise of Healthy Choice, Inc. Defendant Nishant Patel, along with his wife, Defendant Radha Patel, holds another 47.5% of each corporation, and Defendant Mili Nikunj Patel holds the remaining 5%. Plaintiff alleges that Defendant Nishant Patel has be en improperly removing funds from the corporations for his personal use and benefit, has excluded Plaintiff from the operations, and has failed to allow Plaintiff to inspect and copy...

Excerpt: ...n Devitt (“De cedent”) was admitted to Orange Treeidence Opco, LLC dba Riverwalk Post -Acute Care (“Riverwalk”) skilled nursing facility on 8/12/22, due to lower body weakness. It is alleged that due to said issues, she was dependent on Riverwalk, Providence Group of Sou thern California, LLC; Providence Group, Inc,; and Providence Administrative Consulting Services, Inc. (collectively “Facility Defendants”) for physical assistance wi...

Excerpt: ...) Kim dis missed her Complaint in this action. On 6/1/22, the Estate of Frances Marsh (Estate) dismissed its First Amended Joint Verified Cross -Complaint (the “FACC”). On 8/1/22, Kim along with Mark Wynne (Plaintiffs) filed the Complaint in Wynne v. Wynne, CVRI 2203209, against defendants James P. Wynne (James), Timothy P. Wynne (Timothy), and A. Scott Kalkwarf (Kalkwarf), the personal representative of the Estate, asserting claims based o...