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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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...

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: ...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: ...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: ...�'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: ... a registered security and Þnancial asset, such that there could be no securitization o the asset The complaint, Þled 11/21/23, asserts: (1) wrongul oreclosure (Civil Code §29235); (2) violation o the FDCPA; (3) violation o TILA; (4) breach o contract; (5) violation o ederal trust and lien laws; (6) slander o title; (7) slander o credit; and (8) inßiction o emotional distress Deendants contend that Catamount Properties purchase...

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...

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: ... 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: ...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: ...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: ... 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: ...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: ...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: ... is injured due to a risk that is inherent in an activity in which plainti
¯ chose to participate. (Knight v. Jewett (1992) 3 Cal.4th 296, 308; Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, 1154.) Assumption o the risk does not depend on i) the reasonableness or unreasonableness o plainti
¯'s conduct to subject himsel or hersel to the risk o deendant's conduct, or ii) whether plainti
¯ subjectively knew o and voluntarily chose to en...

Excerpt: ...and this indemniÞcation action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. On 10/20/23, Plainti
¯ Þled an application for writ of attachment. The amount to be secured by the attachment is $53,664.60 which includes estimated co...

Excerpt: ....) It was not sent to Defendant's “clerk, secretary, auditor, or governing body” and it was not sent to Defendant's principal o
¯ice. Instead, the address to which the claim was sent was a private residence. (See, Decl. of Deena O. Zaki at ¶¶ 3-4, Exs. B & C; Decl. of Kim Bentrum [“Bentrum Decl.”] at ¶ 7.] Therefore, the claim was defective. Additionally, it is undisputed that Defendant never received this claim. (Bentrum Decl. at ¶�...

Excerpt: ... of GM. (FAC at ¶ 4.) The vehicle, and the transmission it contained, were manufactured by GM. (FAC at ¶¶ 4, 14, 16.) GM provided a full warranty of the vehicle and all its parts. (FAC at ¶¶ 9-10.) The vehicle was equipped with a defective Hydra-Matic 8L90 transmission (“transmission”). (FAC at ¶ 4.) GM knew the transmission had defects and failed to Þnd the cause or Þx those defects. (FAC at ¶ 4.) Despite this, GM marketed the trans...

Excerpt: ...res (“Plainti
¯s”) Þled a Complaint against Defendant, General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song-Beverly Consumer Warranty Act (“Song Beverly Act”); (2) breach of implied warranty in violation of the Song Beverly Act; (3) violation of § 1793.2 of the Song Beverly Act; and (4) fraud/fraudulent inducement/concealment. In the Complaint, Plainti
¯s allege that on July 28...

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: ...Inc. and City of Palm Springs. Defendant American Airlines, Inc. moves the court for summary judgment, or in the alternative summary adjudication, as to the two causes of action asserted against them for negligence and premises liability on the grounds that Defendant was not on notice of a hazardous condition of the premises, nor is there evidence of any such condition. In opposition, Plainti
¯ asserts the following arguments: 1. There are multi...

Excerpt: ...a document that is in the possession o another party. A demanding party may move to compel a urther response to a demand or inspection i the party determines that the statement o compliance or representation o inability to comply is incomplete or i an objection is without merit. (Cal. Code Civ. Proc. §2031.310(a)(1)-(3).) I the court grants the motion to compel urther responses and the responding party ails to obey the court's order, t...

Excerpt: ...e subpoena entirely, modiying it, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee rom “unreasonable or oppressive demands, including unreasonable violations o the right o privacy o the person.” (Code Civ. Proc., §1987....

Excerpt: ...ant, Wanhoo, LLC (Wanhoo) to purchase real property known as 1713 Beam Hollow in San Jacinto, with a completion date of 7/31/20. Plainti
¯s allege they were targeted by Wanhoo as Þrst-time buyers, and were promised a newly built home, which was not delivered. Plainti
¯s allege that Wanhoo intended to defraud Plainti
¯s of their initial deposit and had no intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the ...

Excerpt: ...App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be su
¯icient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.Ap...

Excerpt: ...ong-Beverly Act (against VWGoA); (3) Violation o Civ. Code § 1793.2(a)(3) o Song-Beverly Act (against VWGoA); (4) Breach o the Implied Warranty o Merchantability (against VWGoA); (5) Negligent Repair (against Moss); and (6) Violation o the Magnuson-Moss Warranty Act (against all Deendants). Plainti
¯ alleges that, on July 25, 2020, she entered into a warranty contract with VWGoA regarding a 2020 Volkswagen Tiguan. (Compl. ¶ 8.) The warra...

Excerpt: .../14/13 Their real estate brokers/agents were Vicky Johns dba Lake Laguna Realty (“Johns”) and Amy Vanocur Strebe (“Strebe”) Plainti
¯s believed they were purchasing a 100% interest in the property They assert that in August 2021, they learned for the Þrst time that they were only conveyed 50% interest in the property They assert that JAMKE, Johns, and Strebe all failed to disclose that JAMKE was only conveying a 50% interest They a...

Excerpt: ...hich Plainti
¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti
¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...

Excerpt: .... (C.C.P., § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) When the moving party is a defendant, the motion may only be made on the following grounds: “(i) The court has no jurisdiction of the subject of the cause of action against that defendant” or “(ii) The complaint does not state facts su
¯icient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438(c)(1)(B)(i)&(ii).) The mot...

Excerpt: ... of expert qualiÞcation, inadmissible speculation and conclusion, improper legal conclusion, and assume facts not in evidence. “In granting or denying a motion for summary judgment [], the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Here, the Court declines to rule on Defendants' evidentiary objections because they are not directed at evidence that are mater...

Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti
¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti
¯, Julie Scha
¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti
¯ was walking on the premises when she tripped over what appe...

Excerpt: ... Street – LLC, American R.V. and Boat Storage and Richard Fell dba Fell Capital Management (collectively, “Defendants”). On January 31, 2023, the court granted Defendants' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plainti
¯s failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. The court subsequently denied Plainti
¯s' motion ...

Excerpt: ...eges causes of action for (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation of Civil Code § 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794, and 1795.5.) SpeciÞcally, Plainti
¯ alleges that his 2021 GMC Yukon Denali, which was manufactured and distributed by Defendant, su
¯ers from widespread defects—including the Electrical Defects—and that Defe...

Excerpt: ... veteran's status related to a real estate transaction. In the instant motion, Defendants move the court for an order compelling Plainti
¯s to provide further responses to RFPs (Set Two). As to Plainti
¯ Mark Baird numbers 21, 22, 24, 25, 29 and 30. As to Plainti
¯ Bradley Baird numbers 20, 21, 22, 23, 24, 28 and 29. Defendants assert that the documents at issue are relevant to Plainti
¯s' allegations and damages claims, is not otherwise avai...

Excerpt: ...alleges that Defendant then presented an amended operating agreement that gave Defendant a 100% ownership stake in the dealership Plainti
¯ was surprised and disappointed about his loss of control to A& Y Enterprises LLC but felt compelled to sign the Amended agreement as Defendant Ihmud was strongly insistent and tried to give Plainti
¯ the impression that the additional provision had no bearing on their business relationship Nevertheless, p...

Excerpt: ...are ordered to provide updated CMC statements prior to that date. Factual / Procedural Context: Plainti
¯ Doug Chadwick alleges that he was employed full time by Defendant TNT Plastic Molding as Vice President and director, along as a shareholder. His brother, Defendant Dennis Chadwick began Þnancial mismanagement of the company as he ran a separate company (Crystal Tex) at TNT's business. When Plainti
¯ complained about mismanagement, Defenda...

Excerpt: ...aints of shortness of breath. (Complaint, ¶ 14.) She was subsequently diagnosed with acute respiratory failure and admitted to the ICU. (Complaint ¶ 14.) Decedent physician's orders included an order for steroids and GERD medication which Plainti
¯s' allege that Defendants failed to administer. (Complaint ¶¶ 16-20.) As a result, the Complaint alleges that decedent deteriorated and needed to be intubated. (Complaint ¶ 21.) Plainti
¯s conten...

Excerpt: ...octrine and are limited to the time period from the time of Plainti
¯s' purchase to present. As to Sanctions, it is denied. CCP §2025.230 governs the depositions of persons most qualiÞed as follows: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event the deponent shall designate and produce at the deposition those of its o...

Excerpt: ...background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Directors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that the Board Members failed...

Excerpt: ... whole and all 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, and 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: ... (CCP § 430.10(e).) 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. 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, and of any material facts of which judicial notice has been req...

Excerpt: ...ant David Orozco Pliego, an employee of the City of Riverside (“O
¯icer Pliego”), was operating a vehicle traveling on Central Avenue in the same direction ahead of Plainti
¯'s vehicle in the number two (2) lane, the lane next to Plainti
¯ P l a i n t i
¯ alleges that O
¯icer Pliego suddenly, and without warning, made a U-turn from the number two (2) lane, causing Plainti
¯ to collide with O
¯icer Pliego's vehicle Plainti
¯ alleges ...

Excerpt: ...olved in a project, Ro cket must b e named as an addition al insured under the subcontractor's policy or the SNIC Policy does not apply to the occurrence and thus there is no coverage. (FACC, Exh. B.) SNIC argues Rocket's ailure to allege it was an additional insured under Divine's policy means that Rocket has not stated a cause o action. However, SNIC cites to no authority requiring it to make such a speciÞc allegation. Indeed, Rocket's alleg...

Excerpt: ...), alleging (1) wrongful termination in violation of Lab. Code § 1102.5(b); (2) wrongful termination in violation of Labor Code (Lab. Code) § 6310(a)(1); (3) wrongful termination in violation of Lab. Code § 98.6; (4) wrongful termination in violation of public policy; (5) failure to provide meal periods; (6) failure to provide rest periods; (7) failure to pay minimum wage; (8) failure to reimburse expenses; (9) failure to pay Þnal wages; and ...

Excerpt: ...s to the breach of contract that was the subject of the Complaint. Khodaverdian's counsel declares in support of the motion that he learned in November 21, 2023, for the Þrst time through discovery responses that Eisenhower Defendants contend that the ConÞdential Separation Agreement and Release of all Claims, the subject of the sole existing cause of action for breach of contract, does not apply to acts by Wilson, and that Wilson is not part o...

Excerpt: ...r'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 in Indiana. ...

Excerpt: ...al Arbitration Act or California Arbitration Act govern this dispute Defendant o
¯ers su
¯icient evidence that it is engaged in interstate commerce Further, the arbitration agreement expressly states that the FAA applies If an arbitration agreement expressly states that it is governed by the FAA the FAA applies Aviation Data, Inc v Am Express Travel Related Servs Co, Inc (2007) 152 CalApp4th 1522, 1534-1535; Victrola 89, LLC v Jama...

Excerpt: ...greement indicate that it is subject to the FAA. Since the FAA does not apply, the EFAA as well has no application to the arbitration agreement at issue. While the claims as set forth in the Complaint are covered by the language of the arbitration agreement, the arbitration agreement itself is unconscionable. A contract is unenforceable if it is unconscionable. (Civ. Code § 1670.5.) “The doctrine of unconscionability contains two components: p...

Excerpt: ...§ 19871) A deposition subpoena may be attacked based on, inter alia, deects in the orm and content o the subpoena, records sought not within the permissible scope o discovery, and a consumer's right o privacy in among other grounds (Weil & Brown, CPG: Civ Proc Beore Trial (TRG 2023) §8:598; see also, CCP §19853(e) [consumer's right to privacy in “personal records”) This motion addresses two deposition subpoenas or medical rec...

Excerpt: ...l.App.4th 690, 697.) Factual and procedural background: Plaintiff purchased a 2019 Chevrolet Silverado on 8/10/19 from Riverside Chevrolet. Plaintiff alleges the vehicle was equipped with a defective Hydra-Matic 8L90 transmission. (First Amended Complaint Plaintiff generally alleges that GM permitted its vehicles equipped with defective Hydra-Matic 8L90 transmissions to be placed into the stream of commerce despite knowing there were a myriad of ...

Excerpt: ...a Land, LLC, where Plaintiffs were obligated to enter into a Home Construction Agreement (HCA) with Defendants. Plaintiffs allege various construction defects, including the concrete Page 3 of 4 slab, wood floor planks, exterior stucco, etc. On February 10, 2021, Plaintiffs filed their complaint for: (1) violation of Civil Code S 896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On April 7, 2021, the Toscana Defendants file...

Excerpt: ...records exception is a sufficient exception to overcome hearsay objections. Evidence Code 51552 governs admission of computer records. under the Evidence Code, the computer records are deemed reliable unless there is evidence that they are inaccurate or unreliable. Defendant has not met his burden in this regard. The Court notes that Defendant failed to follow the requirements of California Rule of Court 3.1354(b) and submit his objections in a s...

Excerpt: ...tion is issued, a judgment creditor may apply to the court for an order directing a judgment debtor to transfer to the levying officer possession of property sought to be levied upon by taking custody, and/or possession of documentary evidence of title to property of a debt owed to the judgment debtor that is sought to be levied upon. If the personal property sought to be levied upon is located in a private place of the judgment debtor and the le...

Excerpt: ...nd Sunbelt Rentals, Inc. made claims against the bond which exceed the sum of the bond. On January 26, 2023, Plaintiff filed its limited complaint in interpleader. On March 29, 2023, N&J, LLC ("N&J") filed a cross complaint alleging it is the owner of the property where the construction services were performed that are the subject of the bond claims. N&J alleges the following eight (8) causes of acton: 1) breach of written contract; 2) breach of ...

Excerpt: ... injury. She alleges that the store's manager was responsible for maintenance, and for verifying there was a policy to maintain the premises according to industry standards, policies, and procedures. Plaintiff filed her Complaint on 9/13/23 alleging two causes of action for general negligence and premises liabil-ty. *** Defendant, Costco Wholesale Corporation (Costco), brings this motion to disqualify Plaintiff's counsel, Downtown L.A. Law Group ...

Excerpt: ...out waiting for trial. (See CCP S 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 defendant came into possession; (3) a particular descr...

Excerpt: ...se of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable." Freemont Indemnity Co. v. Freemont General Corp. (2007) 148 Cal.App.4th 97, 114; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457 n. 9 (although the existence of a document may be judicially noticeable, the truth of statements in it are not subject to judicial notice if reasonably disputable). Deny request for judicial ...

Excerpt: ...fendant in addition to the current Defendant, Robin Shea. On 5/5/22, the Court sustained Desiree's Demurrer without leave to amend based on the same analysis included below. Plaintiff appealed and the remittitur issued on 11/27/23 after denying Plaintiffs request to vacate the dismissal of the appeal. As such, what follows below is almost identical analysis to the demurrer based on the same arguments. A defendant's motion for judgment on the plea...

Excerpt: ...d Eric Flores, individually ("Flores") (collectively, "Plaintiffs"), filed their operative Second Amended Complaint ("SAC") against Defendants American Logistics Company, LLC; AmLogCo, LLC; and Star Patient Transport, LLC (collectively, "Defendants"), alleging (1) Elder Abuse and Neglect (Welt & Inst. Code S 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4) Wrongful Death. The SAC alleges that, o...

Excerpt: ... lemon law matters. (Kirnos Decl. "29-32.) Kirnos provides the following information for timekeepers on this matter: Timekeeper Years in Practce Hourly Rate Roger Kirnos 15 years $550/hour Armando Lopez 6 years $375/hour (currently) Amy Morse 11 years $450/hour (currently Deepak Devabose 10 years $425/hour (currently) Elvira Kamosko 3 years $295/hour Jeffery Mukai 14 years $495/hour (currently) Jacob Cutler 15 years $495/hour (currently) Maite Co...

Excerpt: ...lving interpretation of commercial lease, parties agreed to try lease interpretation issue separate from damages issue). The objectives of this bifurcation of the trial are to • Avoid wasting time and money on the unnecessary trial of damage questions if the liability issue is resolved against the plaintiff; • Promote settlement of the case if the liability issue is resolved against the defendant; and • Afford a more logical presentation of...

Excerpt: ... injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued." (Smith v. Adventist Health System/west (2010) 182 Cal.App.4th 729, 749.) This test functions on a sliding scale, such that a greater showing on one factor ...

Excerpt: ...rized shopping cart in the entrance area of the warehouse. Ms. Stevens is a third party and is not employed by Costco. Ms. Stevens was looking down when she hit Plaintiff. Now, Plaintiff sues Defendants for negligence and premises liability for the negligence of a third party. The Complaint was filed on May 16, 2023 and alleges causes of action for (1) negligence and (2) premises liability. Motion for Summary Judgment/Adjudication Summary judgmen...

Excerpt: ...ded Care), is alleged to be a licensed 24-hour skilled nursing facility (SNF) located at 8171 Magnolia Avenue in Riverside. Plaintiffs allege that Decedent was over 65 years of age with physical and mental limitations that restricted her ability to carry out normal activities. She was admitted to Extended Care on 7/21/22, which was to provide care or services to Decedent as her "care custodians" in a trust and fiduciary relationship. Decedent was...

Excerpt: ...ent arising out of her employment with Defendant, American Leak Detection, Inc. ("ALD"). On November 16, 2023, Plaintiff sent a copy of the summons and Complaint by first class mail to Specially Appearing Defendant, Water Intelligence, PLC ("Water Intelligence") at 199 Whitney Ave., New Haven, Connecticut, with a return receipt requested. (Decl. of Tiara Gose- Hardy ["GoseHardy Decl."l at 3.) This moton follows. Water Intelligence argues in its m...

Excerpt: ...stantial cause of Plaintiffs injuries. Defendants' Evidentiary Objections. The matters to which objections are made were not material to the preparation of the analysis on this motion, and therefore are overruled on such grounds. Objections not ruled upon by the trial court are presumed overruled and preserved for appellate review. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [summary judgment motionl.) l. Defendants met their initial bur...

Excerpt: ...Group, Inc. ("Cornerstone") (collectively, "Plaintiffs") allege Mandy Zhang is a real estate agent and that since 2016 she has specialized in the acquisition of undeveloped parcels of real estate zoned for the growth of hemp and cannabis. Plaintiffs also alleges that when requested by customers, Mandy Zhang prov-des management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversig...

Excerpt: ...nt's Anthony P. Cara. (Exhibit C.) The court may take judicial notice of all of the above; however, none of the documents ultimately have any relevancy to ruling on this demurrer. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (C.C.P. S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that...

Excerpt: ...ee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Plaintiff filed this action on 2/7/23, and filed...

Excerpt: ...t the fifth cause of action is not stated with particularity, that it fails to allege a transactional relationship giving 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., S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually fo...

Excerpt: ... sustains the objections to the declarations of Pablo and Dyman. The objections to the exhibits to the verified complaint are overruled. In reply, Pablo submitted evidentiary objections, which the court overrules as irrelevant since Pablo did not meet his initial burden. II. Standard "Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion." (Jessen v. Keystone...

Excerpt: ... is an ex parte motion to contnue trial, which is apparently stipulated by all parties. The Court orders counsel to appear to discuss. Statement of Facts/procedure This case involves an allegation that on July 15, 2020, Plaintiff Reams was working at a construction site at Defendant's facility when he fell approximately 15 feet to the ground through and "unguarded, unprotected and unmarked" opening on the second floor. Plaintiff has alleged that ...

Excerpt: ... that the vehicle developed certain defects during the warranty period that substantially impaired the use, value, or safety of the vehicle, but AHM failed to conform the vehicle to the terms of the express warranty after a reasonable number of repair attempts. (FAC, 11-14.) The nonconformities Plaintiff complains of include, but are not limited to: transmission defects; infotainment defects; engine defects; electrical defects, among other defect...

Excerpt: ...dants asserting causes of action for (1) quiet title, (2) fraud, and (3) conversion. Defendants demurred to the FAC, and on October 27, 2023, the Court sustained the demurrer with 30 days leave to amend. Plaintiff did not file a Second Amended Complaint ("SAC"). On December 5, 2023, Defendants filed a request for dismissal of the achon as to them for failure to file an amended complaint, pursuant to C.C.P. S 581(f)(2). On December 20, 2023, the C...

Excerpt: ...atter of law for many reasons, including lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Ordinarily, there is no time limit on a collateral attack on a void judgment. "A judgment void on its face ... is subject to collateral attack at any time." (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) The law favors judgment on the merits, so any doubts regarding whether relief from a def...

Excerpt: ...ough its sole director, offcer and agent for service of process, Joshua Spatig, acknowledges that he received a letter dated 2/2/21 that a hearing was going to scheduled pursuant to S 98 of the Labor Code. The letter also provided that pursuant to Labor Code S 98(a) he was to notify the Labor Commissioner in writing of any change in business or personal address within 10 days. The Labor Commissioner contends that notce of the hearing along with s...

Excerpt: ... becoming final. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, an...

Excerpt: ... Heaven Heights Senior Care; and Jacqueline Hawk (owner of HH Care, Heaven Heights) employed Plaintiff as a 24-hour in-home live-in caregiver to Defendant Dorcas Greene from 2014 to 10/31/22. Defendants initially paid Plaintiff $144/day until she received $200/day. She originally provided services under the entities, until Greene and Firth agreed to hire Plaintiff directly of $9,000 per month plus $4,500 for room and board. However, she never rec...

Excerpt: ... basis, Defendant argues in very short measure that the court does not have personal jurisdiction and that the forum selection provision does not amount to a consent to personal jurisdiction and is otherwise unenforceable. Defendant further argues that service of the complaint was improper. In opposition, Plaintiff argues that there are sufficient contacts with California and that Defendant consented to litigate any dispute in California. Plainti...

Excerpt: ...ponses to SPROG nos. 56 and 57, and order Plaintiff to provide further, Code-compliant responses within 20 days. The Court imposes sanctions against Plaintiff, not counsel, in the amount of $560. Sanctions to be paid in 60 days. Motion to Compel Further Responses to RFPs The Court grants the motion to compel further responses to RFP nos. 15, 16 and 17. The Court denies the motion as to RFP no. 19. The Court denies the request for sanctions. Factu...

Excerpt: ... certain electrical constructon services as part of improvements to the SCGC Blythe Plant 4 Compressor Station. Defendant ARB moves the court for an order requiring Johnson-Peltier's Jeremi West to appear for his deposition on a date certain in compliance with ARB'S deposition notice; and for an order imposing monetary sanctons against JP and its counsel Ali Salamirad and Jennifer Needs of SMTD Law, jointly and severally, in an amount not less th...

Excerpt: ...ger ("Phyllis") (collectively "Plaintiffs") against defendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC ("Los Angeles"). Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, h...

Excerpt: ...ion for summary judgment set for 3/29/23. Defendant Kuo moves for a protective order excusing him from responding to discovery contending that he was not a driver nor owner of the vehicle. He points out Plaintiffs have refused to dismiss him and therefore, an improper party. He requests sanctons of $1,460.00. Plaintiffs oppose the motion on the grounds that discovery is broad and there is no oppression for discovery. In reply, Defendant contends ...