Excerpt: ...” notwithstanding the s tay. (CCP §425.16(g).) The court should allow reasonable and specified discovery “when evidence to establish a prima facie case is reasonably shown to be held, or known, by defendant or its agents and employees.” (Lafayette Morehouse, Inc. v. Chronicle Pub lishing Co. (1995) 37 Cal.App.4th 855, 868.) To show good cause, however, plaintiff must make a prima facie showing at least as to the elements of the claim for ...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ...unlawful sexual conduct against Plaintiff, to meet the extended statute of limitation pleading requirements of CCP § 340.1(c). (FAC Paras. 26 -28,30.) The FAC alleges that Sharp groomed Plaintiff while attending bible study at Sharp's home, that the Defendant church el ders saw Sharp follow Plaintiff into and out of a single person bathroom unsupervised for extended periods of time, and failed to investigate, terminate or take any actions agains...

Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...

Excerpt: ...fication inspection on the sub ject vehicle and advertised the vehicle for sale as “certified. (Id., ¶¶ 6, 7.) The vehicle came with Defendant's 90 -day or 4,000 miles express warranty. (Id., ¶ 13.) At the time of sale, Defendant's employee Daniel Lomeli (“Lomeli”) gave Plaintiff the Cer tified Inspection Report, which stated that the air conditioning system had been thoroughly inspected, that the evaporator met Defendant's standards ...

Excerpt: ...February 2, 2023, this court heard and sustained all three causes of action in Plaintiff's First Amended Complaint alleging for 1) cancelation of written instruments, 2) quiet title, and 3) declaratory relief and granted Plaintiff leave to amend. Page 4 of 8 Thereafter on February 16, 2023, Plaintiff filed a Second Amended Complaint alleging the same three causes of action for 1) cancellation of written instructions, 2) quiet title, and 3) decla...

Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...

Excerpt: ...tes. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pr...

Excerpt: ...FMC), (2) Violation of Civ. Co de § 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code § 1793.2(a)(3) of Song -Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement – Concealment (against FMC); and ( 6) Negligent Repair (against Palm). Plaintiff alleges that, on March 28, 2023, he entered into a warranty contract regarding a 2023 Ford F150, which was manu...

Excerpt: ... 8:30am. A ll sides are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context Plaintiff Zohair Mesrizadeh dba VIP Style Constructions (“VIP Style”) filed the original complaint in this action on February 23, 2023 and the first amended complaint (“FAC”) on July 20, 2023 against defendants Abdallah Nazmi Abu -Samrah (“Abdallah”) and Reham Shaath (“Shaath”) (together, “Defendants”). T...

Excerpt: ...ed by the econ omic loss rule. However, the court sustained, with leave to amend, as to the fraud cause of action on the grounds that the Complaint did not plead with specificity, but rather only conclusory statements. As the concealment was based on providing false or i ncomplete statements, the court found that the pleading must at least set forth the substance of the statements at issue, which it did not. Defendant Ford Motor once again demur...

Excerpt: ...as shopping at Defendant 's store when she tripped on an unmarked and/or unsecured lumber and/or similar item on a cart, causing her to fall and sustain injuries. (Compl. ¶ 8.) On December 28, 2021, Defendant filed its Answer, denying each and every allegation in the Complaint an d asserting affirmative defenses based on the fact that Plaintiff's injuries/damages were caused by the negligence and fault of someone other than Defendant, and the c...

Excerpt: ...Code §§ 1601 and 1602. In the FA C, Plaintiff alleges that, at all times relevant to his claims, he was a director (CEO) and 12.195% shareholder in Fleetwood. (FAC at ¶¶ 1, 7, 21.) Although the board of directors of Fleetwood attempted to remove him as a director on February 11, 2022, Fle etwood filed its Statement of Information with the Secretary of State on July 7, 2022, and identified him as a director at that time. (FAC at ¶ 8, Ex. A....

Excerpt: ...that the Defend ants contacted her “sometime after October 25, 2023, and prior to their due date to respond to the complaint . . . to confirm that I was handing the response to the complaint pursuant to their insurance policy with Generali Global assistance,” but that def ault was entered before the insurance carrier could fully assess coverage and retain defense counsel. (Rivas Dec., ¶¶ 4, 5.) There is no declaration by any of the defenda...

Excerpt: ...ocedural Context Plaintiff, Gavin Ferreira, a minor, by and through his Guardian Ad Litem, Joseph Ferreira, alleges that on 8/28/22, when he was eight years old, he was at Defendant, Barnes Ventures, LLC dba Jump N Jammin in Moreno Valley, which is an indoor c hildren's amusement center. Plaintiff was playing in the jungle gym when he fell forward and struck his mouth on an exposed beam of the play structure sustaining severe injuries to his mout...

Excerpt: ...ffice manager. The complaint sets forth claims for breach of contract and common counts based upon a written contract for collection services (the “Contract”). Plaintiff seeks $5,828.02 in alleged unpaid fees. The Contract includes a forum selection clause requiring that any dispute be litigated in Superior Court of California for Los Angeles County, Riverside County or Orange County. Defendant now moves to dismiss for lack of personal jurisd...

Excerpt: ...ited to the documents used in connection with Plaintiffs' claims; and Nos. 28, 32 -33, and 36, with the requests limited to documents used by GM to determine whether to make a prelitigation offer to repurchase Plaintiffs' vehicle, and what to include in that offer. De nied as to the remaining RFPs. Deny the request for sanctions. The documents are to be produced within 30 days of this order. Factual and procedural background: On 3/6/23, Plaintiff...

Excerpt: ... Belinda Addo (“Addo”) and BAWJ Medical Services, Inc. (“BAWJ”), as nominal defendant, in a related case (Case No. CVRI2202879), alleging judicial dissolution, breach of fiduciary duty, breach of contract, conversion, embezzlement, and cancellation of instrument (hereinafter “Addo matter”). On October 26, 2023, Plaintiff filed a Complaint in the instant action against Defendants Jean La Fontant (“Fontant”), BGM Medical Services,...

Excerpt: ...ently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs.” (Id.) Hearing on this matter is continued to 3/27/24 at 8:30 a.m., Dep artment 5 to allow Defendant to provide information to support his assertion that he is indigent. Factual and procedural background: This matter went to trial in July 2023....

Excerpt: ...tion. Plaintiff has not addressed the deficiencies identified in the Court's ruling on the prior demurrer. In ruling on the demurrer to the First Amended Complaint, the Court finds that it did not sufficiently plead facts to support an inference that EMC had the re quisite intent, or facts from which could reasonably infer that they denied, or withheld Marshall's care by way of oppression, fraud, or malice, or extreme recklessness. The Court e...

Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...

Excerpt: ...al/Proced ural Context On August 9, 2023, Plaintiffs Gregory Franklin Hearn and Pamela Sue Hearn (“Plaintiffs”) filed their initial Complaint against Defendants Ford Motor Company (“FMC”) and Palm Springs Motors Inc. (“Palm”) (collectively, “Defendants”), alleging (1) violation of Civ. Code § 1793.2(d) of Song -Beverly Act (against FMC), (2) violation of Civ. Code § 1793.2(b) of Song -Beverly Act (against FMC); (3) violation of...

Excerpt: ...est in the property to Gerardo and Manuel by Interspousal Transfer Grant Deeds. Nonetheless, it is alleged that Maria made regular payments until February of 2021 when, due to a third party's fraudulent actions, her bank account used to make payments was frozen for four months. She continued to make payments using money orders, but Defendants claimed they did not receive them and initiated foreclosure proceedings. Plaintiff requested a loan modi�...

Excerpt: ...contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her “woman's charm” to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her credit card; and 3...

Excerpt: ...tion. Plaintiff Jarrett Scott alleges that on November 21, 2005, he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, Califo rnia. (Complaint, ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as I...

Excerpt: ... / Proced ural Context This action arises out of the parties' dispute regarding the ownership of real property located at 13139 Acacia Avenue in Moreno Valley, California (the “Property”). On April 6, 2023, Plaintiff Mario Castillo (“Plaintiff”) filed his First Ame nded Complaint (“FAC”) against Defendant David Gomez (“Defendant”), alleging (1) breach of contract, (2) promissory estoppel, (3) declaratory relief, and (4) unjust en...

Excerpt: ... acted as their agents. The Neros countered Ikonte's offer, which was accepted by Ikonte. Ikonte alleges that he was later notified by Hundal and First Team that the seller was backing out and accepting another offer. Ikonte demanded that the Neros perform under the agreement, they refused to do so. The complaint was filed on 12/23/20 and asserts the following causes of action: (1) specific performance for breach of contract, (2) damages for b...

Excerpt: ... the requ est for sanctions. Factual / Procedural Context On January 8, 2021, Plaintiffs Constantino Martinez and Ana Verdin (“Plaintiffs”) entered into a warranty agreement with Defendant General Motors, LLC (“Defendant” or “GM”) in connected with the purchase of a 2021 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured by GM. Plaintiffs allege that nonconformities and defects manifested during the warranty peri...

Excerpt: ...only has an av erage). Is plaintiff's counsel aware of other collective or representative actions asserting similar claims? CMO ¶ H.3. 3. No declaration from defense counsel as to whether counsel is aware of similar claims in another action. CMO ¶ H.3.b. 4. No declara tion from settlement administrator or from plaintiff's counsel as to whether multiple bids from settlement administrators were sought and whether the minimum bid was accepted and ...

Excerpt: ...rumed”), Lubrizol Life Science, Inc., The Lubrizol Corporation, and Lubrizol Advanced Materials, Inc. (“Defendants”) for: (1) discrimination; (2) retaliation; (3) failure to provide reasonable accommodations; (4) failure to participate in the interactive process; (5) violation of the California Family Rights Act; (6) failure to prevent discrimination; (7) wrongful termination; and (8) breach of the implied contract not to terminate without ...

Excerpt: .... Factua l / Procedural Context Plaintiff Analia Lenchantin (“Plaintiff”) filed her initial Complaint against Defendant Revive Contractors Group, LLC on January 12, 2023, and her operative First Amended Complaint (“FAC”) on March 28, 2023, against Defendants Reviv e Contractors Group, LLC (“RCG”), Victor Trejo (“Mr. Trejo”), and Victor Staforelli (“Mr. Staforelli”), alleging fraud, negligence, and breach of contract. On June ...

Excerpt: ...ors-in -interest to Joseph Thomas Tracy IIV (“Decedent”) filed the operative third amended complaint (“TAC”) on November 9, 2023 against defendant the City of Riverside, the City of Hemet, Hemet Police Department Sergeant Paez #10459 (“Sergeant Paez”) and Riverside Police Department Detective Kerr #1697 (“Detective Kerr”) (collectively, “Defendants”). Plaintiffs allege that on January 18, 2022. On January 18, 2022, Decedent w...

Excerpt: ...rse, orders from that court). Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113. Redact social security numbers from any publicly available documents and sustain plaintiffs' objection 25. Appearances requested to discuss the most effici ent way to accomplish this. Sustain plaintiffs' objections 1, 5 -9, 13, 16, 21, 25 -26, 30 -33, overrule all of plaintiffs' other objections. Sustain defendant's objections 1, 6 -7, 1...

Excerpt: ...Balestrac ci (“Plaintiff” of “Madison”), by and through her Guardian ad Litem, Katie Balestracci (“Katie”), alleges that Defendants Debra Kay Lebo, D.O. (“Dr. Lebo”), Joseph E. Glaser, M.D. (Dr. Glaser”) and Temecula Valley Ob/Gyn Medical Associates (“TV Ob/Gyn”), a s well as Loma Linda University Health and Loma Lind University Medical Center – Murrieta, negligently managed Katie's prenatal care, labor, delivery and post-...

Excerpt: ...(“Alicia”) (toget her “Plaintiffs”) filed their original complaint in this action against Defendant Lending Bee, Inc. (“Lending Bee”) on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...

Excerpt: ...nder the rules currentl y applied by the Department, they are auto -assigned rates exceeding 70 percent in Riverside County and 60 percent in San Bernardino County. They allege that the Department unveiled a new auto -assignment algorithm that will result in Defendants receiving fa r fewer Medi -Cal members. They argue that these changes were not made pursuant to the requirements in the Administrative Procedure Act (“APA”). The complaint asse...

Excerpt: ...al interest to be ser ved or some particular right to be preserved or protected over and above the interest held in common with the public at large.'” (Holmes v. California Nat. Guard (2001) 90 Page 6 of 13 Cal.App.4th 297, 315.) “This interest must be concrete and actual, and must not be conjectural or hypothetical.” (Iglesia Evangelica Latina, Inc. v. S. Pac. Latin Am. Dist. Of the Assemblies of God (2009) 173 Cal.App.4th 420, 445; Associ...

Excerpt: ...th 97, 113.) Her e, Defendant, Wanhoo, requests the Court take judicial notice of: 1) a print -out from the California Secretary of State's website of the Statement of Information for Wanhoo, LLC, filed on 7/22/22; 2) the subject POS filed on 12/8/22; 3) three invoices issu ed by Cheung & Chu, CPA to Wanhoo, LLC, in 2022 and 2023, for accounting services; and, 4) a letter dated 11/15/23 from Wanhoo's counsel challenging substitute service as im...

Excerpt: ...ave been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an “absent homeowner or occupant” as he has been providing care to his paraplegic wife. Plaintiff alleg es he and Edward R. Cardoos1 and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...

Excerpt: ...ase”) with defendant Maham Corp. to rent property located at 12860 Perris Blvd., Unit D -7 in Moreno Valley, where Trapp had lived for 24 years prior. The Lease contained two options to purchase the property. Trapp exercised both options to purchase the property, the first in 2018 for $110,000 and then a second in 2019 for $169,000, both of which Maham breached. Trapp filed a civil lawsuit seeking specific performance for the sale of the pro...

Excerpt: ...City) 6/1 5/21 decision to approve the MoVal 2040 Project, which consists of the 2021 General Plan update (GPU) including a Housing Element Update, a Climate Action Plan (CAP), and associated zoning amendments, and to certify an Environmental Impact Report (EIR) for the Project, which provides for large increases in industrial and commercial development within the City. The Project is intended to replace the existing 2006 General Plan (2006 GP) a...

Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...

Excerpt: ...ified in the requests, deeming any such requests as admitted, and establishing the genuineness of any document. Here, Plaintiff served Requests for Admissions (Set One) on Defendant MARILYN V SAINZ via mail on October 31, 2023. Defendant MARILYN V SAINZ response to Requests for Admissions (Set One) was, therefore, due on or before December 5, 2023. According to Plaintiff's attorney's declaration, on December 7, 2023, a meet and confer letter was...

Excerpt: ...or that there i s a complete defense to that cause of action. (CCP §437c(p)(2).) Once the defendant (or cross- defendant) has met that burden, it shifts to plaintiff (or crosscomplainant) to show that a triable issue of one or more material facts exists as to that cause o f action or defense thereto. (CCP §437c(p)(2).) The moving party has met its initial burden regardless of whether the opposing party files counter -declarations. (Aguilar v. ...

Excerpt: ...ted a dangerous condi tion by failing to post any warning signs while performing repairs on a City sidewalk. It alleged that Plaintiff tripped and fell at the site of the unmarked location where the repairs were being undertaken, sustaining physical injuries. After the Court s ustained the City's demurrer to the Complaint, Plaintiff filed her First Amended Complaint (“FAC”) on November 9, 2022, alleging the same cause of action against the C...

Excerpt: ...cent Hospital , Inc. Defendant's default was entered and a default judgment was filed on 4/12/23. On 8/10/23, ACNAR filed a motion to add non- party Magave Care Inc. (Magave) as a judgment debtor via successor liability under CCP § 187. Magave filed an opposition. The Court issued a tentative ruling to deny the motion. At the hearing on 10/10/23, the court heard oral argument and adopted its tentative, denying the CCP § 187 request. Magave m...

Excerpt: ...rd - 6th causes of action, with 30 days leave to amend. Highway 243 argues that Duggin's claims amount to professional negligence, as they are based on design errors and omissions, and therefor the damages claimed are outside of the contractual damages. The problem is th at there are no allegations in the Cross- Complaint to support this. Therefore, the negligence cause of action is barred by the economic loss rule. Further, Highway 243 alleges t...

Excerpt: ...nt surgica l approaches to replace a hip joint. They are both surgical hip replacements, but whether they are substantially different procedures is a factual question for the finder of fact, and not one capable of being decided on demurrer. (See Kaplan v. Mamelak (20 08) 162 Cal.App.4th 637, 647.) As to Defendant's assertions that it cannot be liable for medical battery because only the doctor can provide consent, and the physicians are not empl...

Excerpt: ...ceived to date. The proofs of service filed December 18, 2023 indicate that the Defendants were personally served with the summons and complaint, Notice of Application and Hearing, and a copy of the application and any affidavit in support thereof as required by California Code of Civil Procedure, section 512.030. California Code of Civil Procedure, section 512.060(a) requires that the Court issue a writ of possession where both of the following...

Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...