Excerpt: .... Plaintiff asked the Defendants, his sister and her husband, to be on the title to the property. However, Plaintiff paid the down payment and all carrying costs such as the mortgage payments, insurance, prop erty taxes, utilities, home improvements and maintenance. Plaintiff rented the property to various tenants and alleges that Defendants never lived on the property or otherwise contributed to the property – other than being on title. On Jan...

Excerpt: ...to engage in the interactive process, (4) retaliation under FEHA, (5) retaliation under the Labor Code, and (6) wrongful termination in violation of public policy. The complaint indicates Reyes was jointly employed by Defendants from October 6, 2020 to November 25, 2020. Only 11 days after her employment began, Reyes was injured at work when she fell while cleaning a floor. Reyes returned to work, but had future therapy appointments scheduled in...

Excerpt: ...was defaulted. The Complaint alleges on February 4, 2005, Escareno executed a Note taking a loan from New Century. The Note was secured by a Trust Deed recorded against Escareno's property at 344 Baker Privad o, Ontario on February 16, 2005. Thereafter, New Century transferred the Note and Trust Deed to RRA Trust. However, it failed to record an Assignment of the Trust Deed (¶¶5 -8, Exhs. 1 -2). Plaintiff RRA Trust moves for summary judgment/ad...

Excerpt: ...of the California Code of Civil Procedure. A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. ( Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibi...

Excerpt: ..., 2021, Plaintiff checked himself in to Defendant's facility located at 239 West 9th Street, Upland California 91786 (the Facility). At the time he checked in, Plaintiff had an undiagnosed perforated ulcer, which rapidly became worse during his residency at the Facility. Plaintiff's condition became so painful and incapacitating that he was unable to provide for his own basic needs, including seeking medical care. Despite numerous pleas for help ...

Excerpt: ...0 days leave to amend. Alami then filed the operative first amended complaint (“FAC”) consisting of a form complaint with attachments on October 3, 2023 alleging the same causes of action. Plaintiff alleges that on or about July 14, 2022, an oral contract with “subsequent written confirmation and/or text message agreement” was made between defendants Adebola, Toyin, and Prado. (FAC. p. 3, ¶ PC -1; Attachment BC -1, ¶ 1.) Plaintiff al...

Excerpt: ...nor, Ltd dba Braswells Yucaipa Leisure Manor (esa Braswell Leisure Manor) [“Braswell”]. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. Defendant Braswell moves to compel arbitration and stay the action under the...

Excerpt: ...) (operative pleading) against the County and Anderson (“Defendants”). Plaintiffs allege the following: Brad Wicks is the sole owner of Wicks Brewing. (FAC ¶8.) On March 31, 2022, Ryan Wicks, who is Brad Wicks' son and an employee of Wicks Brewing, was involved in a collision. As the result of the collision, Ryan was arrested and charged with an alcohol -related homicide. The District Attorney issued a press release incorrectly identifying R...

Excerpt: ...nd awarded attorney's fees in the amount of $139,566.90. A Notice of Entry of Judgment was filed on July 5, 2022. On January 2, 2024, the judgment for Defendant Lennar Communities was reversed/ remitted. On remand, among other things, the trial court was to decide the computation of damages anew and Casa Verde was entitled to recover its appeal costs pursuant to California Rules of Court, rule 8.278, subdivision (a)(1). On January 9, 2024, Casa ...

Excerpt: ...z), Lorena Arias -Aguilar (Aries -Aguilar, esa Lorena Aguilar), and Tracy Miller (Miller). The operative first amended complaint (FAC) alleges causes of action for (1) negligence against all; (2) negligent hiring, supervision, and retention against Cucamonga District, Superintendent, and Central District (collectively, District Defendants); (3) assault by Minor against Hernandez; (4) battery by Minor against Hernandez; (5) violation of Civil Cod...

Excerpt: ...) violation o f section 226(A) of the Labor Code; and (5) violation of sections 200 -204 of the Labor Code. Plaintiff alleges on September 21, 2021, Airport Mobil hired him as a tow truck driver. As part of the hiring process, Plaintiff submitted to a criminal backgrou nd check. Plaintiff alleges during his employment, he would repeatedly miss or have to take his lunch past the sixth hour. Further, when he tested positive for COVID -19 on Februar...

Excerpt: ...'s original complaint included three causes of action: (1) negligence/vicarious liability; (2) premises liability; and (3) public nuisance. On November 13, 2023, the Court sustained a demurrer filed by the City to P laintiff's first and third causes of action, with leave to amend; the Court overruled the demurrer as to Plaintiff's second cause of action. On December 4, 2023, Plaintiff filed her operative First Amended Complaint (FAC), which in...

Excerpt: ...ra Inc. filed a Cross- Complaint against Cross -Defendant Cavaniola. The Cross- Complaint pleads 4 cross- claims: (1) breach of contract, (2) open book acc ount, (3) account stated, and (4) reasonable value. Cross -Defendant Cavaniola answered. The pleadings allege that Cavaniola owns the property at 74221 Rocky Rd., City of 29 Palms. Cavaniola entered into a contract with Ficara Inc. to complete excavatin g, grading, and hauling on the property...

Excerpt: ...ilure to Pay Compensation Due Upon Termination/Waiting Time Penalties; 6) Discrimination Based Upon Disability in Violation of the FEHA; 7) Failure to Accommodate Disability; 8) Retaliation in Violation o f FEHA; 9) Failure to Take All Reasonable Steps Necessary to Prevent Discrimination, Retaliation, and Hostile Work Environment in Violation of FEHA; 10) Aiding and Abetting in Violation of FEHA; 11) Failure to Prevent Unlawful Discrimination in ...

Excerpt: ...r to the complaint filed by Defendant Shenzhou Xingyu Global. There is also an unopposed demurrer by Defendant Christopher (Chris) Currie. This proceeding was commenced on June 30, 2023, by Plaintiffs Lesly Zamora (“Lesly”) and Zaira Zamora, by and through her Guardian ad Litem, Karla Zamora Duran (“Zaira”, collectively “Plaintiffs”), asserting causes of action for: (1) negligence; (2) assault and battery; (3) premises liability; and...

Excerpt: ...mination in violation of public policy. Defendant has demurred to all causes of actions on grounds that, inter alia, the causes of action are time -barred and/or fail to allege facts sufficient to state a cau se of action. Defendant also filed a motion to strike requested punitive damages. As to her opposition to the demurrer to the third and fourth causes of action, the plaintiff contends that the causes of action are not time barred because th...

Excerpt: ...ugust 23, 1994, and DOES 1 through 10, inclusive: (1) Violation of Civil Code section 789.3; (2) Wrongful Eviction; (3) Breach of the Warranty of Habitability; (4) Breach of Covenant of Quiet Enjoyment ; (5) Unjust Enrichment; (6) Breach of Contract; and, (7) Intentional Infliction of Emotional Distress. Plaintiff alleged that she was wrongfully evicted from real property (“the property”) owned by the Donald and Barbara Atkinson Revocable Tr...

Excerpt: ...threatened by Debbie's boyfriend and, despite having notice of the abuse, Del Taco simply transferred R.G. to another store and continued to employ Debbie. After being transferred, R.G. left the employmen t, only to seek reemployment two years later. R.G. was informed he could be rehired on the condition that he did not tell anyone about the abuse. (Compl. at ¶¶ 10 - 13.) Based on Del Taco's failure to terminate or discipline Debbie, transferri...

Excerpt: ... warranty; and (3) negligent repair. The first two causes of action are asserted against Defendant Volkswagen Group of America, Inc.; the third cause of action for negligent repair is asserted against demurring Defendant, Riverside Metro Auto Group, LLC d/b/a Riverside Volkswagen (“Riverside VW”). Plaintiffs' complaint alleges that they purchased a 2022 Volkswagen Atlas on January 31, 2022 and that the vehicle manifested defects and nonconfo...

Excerpt: ...enn -Star”), alleging causes of action for: (1) Breach of Contract, (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (Failure or Delay in Payment), (3) Bad Faith and Breach of the Implied Covenant of Goo d Faith and Fair Dealing (Failure to Properly Investigate Claim), and (4) Unfair Business Practices. According to the Complaint, between November 1, 2019 and November 1, 2020, Defendant provided insurance coverage for real prop...

Excerpt: ...“Rodriguez”) stood in ront o Plainti
¯s o
¯ice doorway e
¯ectively blocking it as Plainti
¯ tried to exit. When Plainti
¯ asked Rodriguez to move, he laughed and asked her, “Tienes miedo?” which translates to “Are you araid?” Plainti
¯ replied, “Araid o what?” as she stepped back and asked Rodriguez to move again so she could exit. Not moving away rom the door Rodriguez replied, “Dejame darte una nalgada con esos pa...

Excerpt: ...“Ford”). (Complt. ¶15.) The vehicle allegedly incurred defects and nonconformities and was delivered to Fords repair facility, Defendant Ford of Upland, LLC (hereinafter, “Upland Ford”) for repair, but neither Ford nor Upland Ford (hereinafter, collectively, “Defendants”) were able to conform the vehicle to the warranty terms after a reasonable number of attempts. (Id. at ¶¶ 16-19, 41-43.) Ford also allegedly failed to repurchase ...

Excerpt: ...ehalf of Arthur Lozano (“Arthur”). The complaint alleges that as a result of the negligence of the Defendants, Karen was rendered neurologically impaired and no longer able to care for herself, work or support her family. The Complaint alleges, prior to and on April 22, 2021, Karen was evaluated for complaints of pain relating to her cervical spine. She was admitted to Victor Valley Global Medical Center (“Victor Valley” or “VVGMC”) b...

Excerpt: ...onal distress; (4) breach of express and implied covenant of quiet enjoyment; (5) negligent violation of statutory duties; and (6) violation of Business and Professions Code section 17200 et seq. Plainti
¯s allege Defendant is the owner of real property located at 14231 Petaluma Court in Victorville, California (the Property). Plainti
¯s allege during an undisclosed time in which Plainti
¯s occupied the Property, Defendant breached the implied...

Excerpt: ...tiff experienced various defects that substantially impair the use, value and/or safety of the Subject Vehicle. (Complaint '1 6.). It is also alleged that the defects violate the express written warranties issued to Plaintiff by Defendant manufacturer, as well as the implied warranty of merchantability. (Complaint 7.) The Plaintiff's operative Complaint alleges four causes of action against Defendant: (1) Breach of Written Warranty Pursuant to th...

Excerpt: ...), but made no other substantive changes to the filing. The Plaintiff's First Amended Complaint (FAC) alleges Plaintiff consulted with Defendants as to her medical and cosmetic concerns. Plaintiff was to receive a neck lift, laser skin resurfacing treatment and platelet-rich plasma therapy on her scalp to promote hair growth. The FAC further alleges that, subsequent to the procedures, Plaintiff experienced pain and discoloration to her lower face...

Excerpt: ...l injury action on August 22, 2022, and the summons was issued and filed on October 6, 2022. The complaint was served on defendant on January 21, 2023. Defendant's answer was filed March 15, 2023. The defendant now seeks leave to file and serve a Crosscomplaint for indemnity, contribution and declaratory relief. Ostensibly, Defendant/crosscomplainant Rodriguez is seeking indemnity or contribution from plaintiff/Cross-Defendant Keren Fiore in the ...

Excerpt: ...nst Cross-Defendant Modernize: (1) breach of contract and (2) breach of covenant of good faith and fair dealing. Cross-complainant also prays for "punitive damages according to proof". Cross-Defendant demurs to both causes of action and moves to strike the punitive damage prayer. Demurrer to First Cause of Action — Breach of Contract: The basis of the Cross-Defendant's demurrer to the first cause of action is that Crosscomplainant failed to att...

Excerpt: ... it assumed the contract/agreement at issue. (Compl. at "1 7 & 21.) Around October 14, 2015, Mayra Diaz (Diaz), a representative and agent of Suncrest, made an unsolicited visit to Plaintiff's residence, located at 7958 North Maple Ave., Fontana, CA 92336, and she presented the option to purchase/install roof-mounted solar panel systems on his home. (ld. at 15-17.) The conversaton between Diaz and Plaintiff was in Spanish, which is Plaintiff's na...

Excerpt: ...Leisure Manor (esa Braswell Leisure Manor) ["Braswell"l. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. The Complaint alleges that Ysidra Duarte ("Decedent") began living at Braswell's assisted living facility on Jun...

Excerpt: ...on administration services; Clark Construction Group of California (Clark) was engaged as Plaintiff's general contractor. On June 1, 2020, the County filed its complaint alleging the following four causes of action against HOK: (1) contractual indemnity; (2) declaratory relief; (3) breach of contract; and, (4) negligence. The County alleges the following: In November 2012, the County and HOK entered -nto a design contract (the Professional Servic...

Excerpt: ...garding a 2018 Ford F-1ffJ (the Vehicle), which the Plaintiffs purchased for one hundred thousand nine hundred and thirty-nine dollars and twenty-eight cents ($100,939.28.) Plaintiffs allege the Vehicle had multiple defects and nonconformities to the warranty and Ford is unable to conform the Vehicle to the applicable express warranty. Plaintiffs further allege Raceway breached duty to Plaintiffs in failing to use ordinary care and skill by faili...

Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...

Excerpt: ...e discharge, (7) discrimination (medical/disability), (8) discrimination (race), (9) failure to prevent, (10) harassment, and (11) intentional infliction of emotional distress (IIED). The Complaint generally alleges that Banks was employed as a production manager between 2008 and January 29, 2021, by BEST and ICRC. Banks is an African-American male who has a guardian or power of attorney because of his mental and physical disabilities ("6a-7a). [...

Excerpt: ...tract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Unjust Enrichment; (4) Fraud; and (5) Negligence. Defendants filed the instant Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint (Punitive Damages). The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eureka (2000) 82 Cal.App.4th 354, 367; Hernandez v. City of Pomona (1996) 49 Ca...

Excerpt: ...sional negligence; (4) breach of fiduciary duty; (5) conversion; (6) interference with contract; (7) interference with economic advantage; and (8) tort of another. Plaintiff was assigned the claims of Stephanie Smith. Plaintiff asserts that because the claims were assigned to it, Plaintiff Central Ave., LLC (Central) addresses the actions by Defendant against Smith as if they were actions against Plaintiff Central. To avoid confusion the court wi...

Excerpt: ...ng Hu, M.D., Ramesh Chander Bansal, M.D., Sharmin Kalam, M.D., Sahibzadi Mahrukh Noor, M.D., Cory James Toomasian, M.D., Felipe Jose Zinkweich, M.D., Jennifer L. Mohr, PA-C, KNO Development 55, LLC dba Kindred Hospital Rancho (Doe 1) ["Kindred"] and Faculty Physicians and Surgeons of LLLJSM (Doe 2) ["Faculty Physicians"]. The operative First Amended Complaint (FAC) pleads 3 causes of action: (1) dependent adult abuse (neglect) by Estate against L...

Excerpt: ...dson, M.D., erroneously sued and served as Hudson Parke, M.D.; and Caitlin Suzanne Borkowski, M.D. This action was commenced on October 28, 2020 by minor Plaintiff David Tavatyan ("Plaintiff' or "Tavatyan") through his guardian ad litem, Vilen Tavatyan, asserting causes of action for: (1) professional negligence (medical malpractice); (2) negligent hiring and retention; and (3) negligent infliction of emotional distress. The complaint alleges tha...

Excerpt: ...estitution. As a result, through their First Amended Complaint (FAC) the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducement-concealment. The fraud claim is b...

Excerpt: ...t Barth. The City contends that First Choice is unpermitted and illegal in that it violates several Chino Municipal Codes. Since July 2019, the City has inspected and issued citations and abatement orders for the unpermitted and improper use of the property. (Complaint, 1-3, 5, 10-23.) The Renewed Motion for Order Determining Costs and Fees was previously on the court's calendar for August 28, 2023, having been continued originally from October 2...

Excerpt: ...information. Based on these allegations, plaintiffs initially commenced suit on March 24, 2022 for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under the Act; and (3) fraudulent inducement — concealment. In response to the lawsuit, Honda demurred to the third cause of action and moved to strike the request for punitive damages. The Court sustained the demurrer with leave t...

Excerpt: ...per, alleged causes of action for breach of contract and a common count. Placencia specified damages of $78,500 in the prayer, $10,000 in the breach of contract cause of action, and $88,600 in the common count cause of action. Poblano, also acting in pro per, filed an answer on January 24, 2022. Poblano retained counsel and a substitution of counsel was filed on June 22, 2022, stating he was now represented by M.C. Earle. On October 7, 2022, Plac...

Excerpt: ...ises liability. In the operative First Amended Complaint, Plaintiff alleged he stepped into a hole located in or about a grassy area of the premises while he was playing soccer with family and friends. (FAC, 13.) Plaintiff submitted a notice of claim to the City of Ontario. On January 28, 2021, the City filed an answer. Plaintiff filed an amendment to the complaint naming Merchant Landscape Services, Inc. as DOE 1. On April 1, 2022, a first amend...

Excerpt: ...ssue is Defendants' Demurrer and their Motion for Sanctions. Meet and Confer: Defendants have filed their Declaration of Demurring Party In Support of Automatic Extension. Within their filing, Defendants represent that Plaintiff's counsel has not responded to their letters and phone calls, and that Defendants would make a final effort to meet and confer before filing their Demurrer. The Demurrer makes no mention of this requirement. However, Defe...

Excerpt: ...ity deposit. Defendants Oslenhert LLC and Ophira Sara Lenhert (collectively, "Defendants" or "Oslenhert") filed a demurrer. The defendants have both generally and specially demurred. They have generally demurrer as to all causes of achon premised, in part, upon CCP 5430.10(g), which provides that a demurrer is proper in an action founded on contract if it cannot be ascertained from the pleading whether the contract is in writing, oral, or implied...

Excerpt: ...e text messages intentionally misrepresenting that she was going to pay in order to delay legal proceedings. On July 18, 2023, Tam filed a demurrer to the Second Cause of Action premised upon fraud and moton to strike punitive damages. Tam has demurred to the second cause of action for intentional misrepresentation under Code of Civil Procedure section 430.10, subdivision (e), failure to state facts sufficient to constitute a cause of action and ...

Excerpt: ... action for FEHA "hostile work environment harassment," thirteenth cause of action for NIED, and fourteenth cause of achon for IIED. On December 29, 2022, Kaiser answered. On January 5, 2023, Plaintiff filed a request for dismissal, without prejudice, of "COA 2 & 3: as to Jusuf Panjaitan, an individual; COA 13 & 14: All Defendants." (Req. for Dismissal, filed 1/5/23.) Plaintiff filed the present motion to set aside her voluntary (but inadvertent)...

Excerpt: ... S 426.50, states, "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any tme during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to...

Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...

Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...

Excerpt: ...ff, in pro per, filed a general denial. Attached to his general denial is a response in which he states he feels he is being unfairly charged for transactions he made with the State Fund. He states: "I would like to come to an agreement with the Plaintiffs for a less amount. If we are unable to come to an agreement I may have to file bankruptcy as a last resort." (Def's Response attached to his General Denial, filed 10/5/22.) On December 7, 2022,...

Excerpt: ...sonable number of attempts. Ford also allegedly failed to repurchase the vehicle or make restitution. As a result, Rubio commenced suit against Ford on December 23, 2022, for breach of express warranties under the Song-Beverly Consumer Warranty Act (the Act) and violation of section 1793.2 of the Act, which requires the repairs to be commenced and completed within, respectively, a reasonable time and 30 days. (See Compl. at 15-39.) Also named as ...

Excerpt: ... attempts despite the existence of express and implied warranties. Honda also purportedly failed to make restitution or replace the vehicle. Finally, Honda was also purportedly aware of the defects in advance of the lease and actively concealed the information. Based on these facts, the initial complaint contained claims for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under...

Excerpt: ...ty; and (5) breach of warranty of fitness for a particular purpose. Defendant answered. Now at issue is Defendant's motion to compel arbitration. Statement of Law — Motion to Compel Arbitration: Code of Civil Procedure sectons 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities...

Excerpt: ...vina Sabbah), the estate of the brother's father (the Estate of Ziad Sabbah), the brother's paternal uncle (Ghaleb Sabbah), St. Michael Service Corp., (St. Michael), ZSS Marketing, Inc. (ZSS), and St. Benedict Corporation ("St. Benedict"). The FAC pleads 9 causes of action: (1) Partiton against Omar, Amer, St. George, Savina, the Estate, Ghaleb, ZSS, St. Benedict, and Ted's Plaza; (2) Breach of fiduciary duty against Omar, Amer, St. George, Savin...

Excerpt: ... section 1430, subdivision (b) (survival), and (4) negligence (wrongful death). The Complaint alleges Norcal and own, control, and operate the facility at 819 Salem Dr„ Redlands (i.e., Plymouth Village). Krueger is the administrator 31). Decedent who was 79 years old was placed at Plymouth Village due to stroke symptoms, carotid artery disease, diminishing cognitive ability, and feeding tube-related needs. It is alleged that, during her stay, D...

Excerpt: ...4, 11, and 86-87.) As a result, through their complaint the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducementconcealment. The fraud claim is based upon GM's...

Excerpt: ...ally served on January 20, 2023 at 16333 Windcrest Drive in Fontana. Rodriguez has moved to quash service of summons and complaint under Code Civ. Proc. S 418.10, subd. (a)(l), which states: A defendant, on or the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack o...

Excerpt: ...obable cause. He was booked in jail and charged under Penal Code section 288, subdivision (a), and 287.7, subdivision (b). The arrest was initiated by Beckman and Ilagan. He was released after the District Attorney felt further investigation was needed. The charges were dismissed on February 26, 2020. It was further alleged that there was no basis for the arrest and that the investigation was biased and discriminatory ("12-15 & 18). Defendants Ci...

Excerpt: ..."1 7, 9; Exhibit 1.) An express condition of the lease was that the landlord would develop the land with buildings, water and power, telephone, roads and perimeter security. (SAC '1 9.) Decedents Ronnie Roth Herndon and Ron Alan Herndon were the trustees of the Family Trust, but both died by October 2021. (SAC "1 2-3.) Plaintiff alleges Decedents held themselves out as licensed contractors (SAC 5, 8, 26), and they agreed to complete the construct...

Excerpt: ...ure to prevent harassment, discrimination and retaliation. Defendants Amazon.com Services LLC, Brittanee Mondy and Thomas Carr (collectively, "Defendants") filed this demurrer challenging the first and second cause of action by asserting they do not state facts sufficient to constitute a cause of action. Demurrer--Statement ofthe Law: The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eure...

Excerpt: ...2006 between Guzman, Valdez Sr., and thirdparty Salvador Garc:ia. Shortly thereafter, Valdez Jr. joined the partnership by oral or implied agreement. Guzman contributed $25,000 and it was understood that Guzman and Garcia would handle the day-to-day business, while Valdez Sr. was to handle the administrative tasks and Valdez Jr. performed managerial tasks. Even so, the business decisions were to be made by all the partners. (FAC at "1 10-12 and 3...

Excerpt: ...le Plaintiff was in custody. On May 27, 2022, Default was entered against San Bernardino County. After Plaintiff's request for a Clerk's Judgment was refused (this was not a contract case), Plaintiff filed a default packet and appeared before Judge Foster on December 7, 2022 for a prove- up hearing. The Court then entered judgment against the County. The Specially Appearing County has brought the present Motion to Expunge [Vacate] Default and Def...

Excerpt: ...es for summary judgment. Timely opposition has not been filed. Statement of the Law: A summary judgment moton cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 ["Aguilar"].) Only the pleadings establish the grounds for granting or denying summary judgment. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1343.) When the d...

Excerpt: ...of Good Faith and Fair Dealing (Failure or Delay in Payment), (3) Bad Faith and Breach of the Implied Covenant of Good Faith and Fair Dealing (Failure to Properly Investigate Claim), and (4) Unfair Business Practices. According to the Complaint, between November 1, 2019 and November 1, 2020, Defendant provided insurance coverage for real property owned by Plaintiff, including ccwerage for vandalism, theft and/or fire damage. (Comp. , '1 8.) On De...

Excerpt: ...ainst Defendants Brickley Construction Company, Inc., and James Lawrence Brickley (dismissed), alleging causes of action for (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime; (4) failure to pay wages due upon termination, waiting time penalty; (5) failure to issue accurate wage statements; (6) constructive discharge; and (7) unlawful/unfair business practices. Plaintiff alleges he is a former non-exempt emplo...

Excerpt: ...s roof to fix a leak. Plaintiff sustained injuries when he fell off the roof. At issue is Defendant Patricia Perry's, individually and as Trustee of Perry Family Living Trust, motion for summary judgment, or in the alternative, summary adjudication. Defendant Perry raises the following issues: (1) the case of Privette v. Superior Court (1993) 5 Cal.4th 689, demonstrates Defendant is not liable; (2) there are not triable issue of fact that there w...

Excerpt: ...ly had problems with its totally integrated power module or TIPM. It is further alleged that FCA was unable to repair the vehicle within a reasonable number of attempts and failed to replace the vehicle or provide restitution. The complaint further indicates FCA was aware of the defects in advance and concealed relevant facts. Finally, the repairs were also negligently performed by defendant West Covina Chrysler Dodge Jeep Ram (WC). Overall, the ...

Excerpt: ...amount of $75,853.16, with fees to be decided by motion. (Kirnos Decl., 921; Exh. D.) On March 30, 2023, Plaintiffs filed this motion for attorney fees ($100,680.00); a 0.5 multiplier ($50,340.00); and costs ($46,046.13)—a total request of $197,066.13. Evidentiary Objections: Defendant objects to portions of the declaration of Plaintiff's attorney Roger Kirnos as lacking personal knowledge and foundation, hearsay, and relevance. • Objections ...

Excerpt: ...tarted by Dale Singh ("Dale") in 2009. Lopez currently serves as the company's president. Upon his initial employment, Lopez alleges he purchased 25% of Dale's shares for $100,000. Dale died on February 6, 2013. Dale's widow, defendant Amelia Singh, inherited his shares. Since Dale's death, Lopez has run the business by himself. Lopez and Amelia make up two members of the three-person board of directors of HSST. Disputes arose between ü)pez and ...

Excerpt: ...defenses. On April 3, 2023, Plaintiff filed the instant demurrer to seven of the affirmative defenses. Defendant opposes and Plaintiff replies. Statement of Law — Demurrer to Answer: "When any ground for objection to [an] answer appears on the face thereof, or from any matter of which the court is required to take judicial notice, the objection on that ground may be taken by a demurrer to the pleading." (Code Civ. Proc., 5430.30, subd. (a) .) "...

Excerpt: ...ims for breach of contract (5 contracts-one per barn) and a 6th cause of action for common counts. In response to the lawsuit, Silver-Bronze filed a cross-complaint against Jocer followed by the operative first amended cross-complaint (FACC) against Jocer and its principal, Spencer Graffam. The FACC indicates Silver-Bronze owns the Coto Equestrian Preserve in Orange County and it contracted for the five barns. Jocer, however, failed to properly a...

Excerpt: ...r to trade in her 2004 F-150 truck and purchase a new F-150. After receiving $12K for her trade-in and placing $7K down on the new truck, Gates financed a total of $37,198.15 for the purchase of the new 2015 Ford F-150. However, Bowers agreed to guarantee the financing because Gates could not qualify alone. Gates paid for all of the payments and insurance on the vehicle through the final payment, which she made on October 3, 2021. (Compl. "8-13.)...

Excerpt: ...excessive overtime or for poor performance while non-Caucasian and non-U.S.-born employees were reprimanded. Plaintiff was defendants' Chief Medical Information Officer and is of Persian and Iranian descent. Based on these allegations, among others, plaintiff commenced suit against defendants on May 26, 2022, for (1) wrongful termination in violation of public policy, (2) race and national origin discrimination, (3) failure to prevent discriminat...

Excerpt: ... violation of FEHA; (2) discrimination the basis of disability in violation of FEHA; (3) harassment on the basis of disability in violation of FEHA; (4) failure to provide reasonable accommodation in violation of FEHA; (5) failure to engage in the interactive process; (6) retaliation for engaging in a protected activty in violation of FEHA; (7) failure to prevent discrimination, harassment and retaliation in violation of FEHA; (8) wrongful termin...

Excerpt: ...ud, and violation ofthe Unruh Act. The Complaint alleges Village Owner purchased the Lake Arrowhead Village in 2019. It indicated to the community that it intended to improve the property. Broussard eventually leased unit 02-150 of the Village to operate the Yeshua and Sweets Bakery. However, she was required to do all the repairs within 60 days without any assistance from Village Owner other than it proposing she uses üJgan Construction for the...

Excerpt: ...ud, and violation ofthe Unruh Civil Rights Act ("Unruh Act"). The Complaint alleges Village Owner purchased the Lake Arrowhead Village in 2019. It indicated to the community that it intended to improve the property. Broussard eventually leased unit 02-150 of the Village to operate the Yeshua and Sweets Bakery. However, she was required to do all the repairs within 60 days without any assistance from Village Owner other than it proposing she uses ...

Excerpt: ...r breach of contract, common counts, conversion (or 5 claims total, one as to each project), and unfair competition (the 7th cause of action). Through the course of discovery, Plaintiff, Golden State, served a records upon Liberty Mutual Insurance Company (Liberty). According to Golden State, the seeks documents related to (1) the two projects; (2) Tate's claim he had no money to pay Golden State for the projects because Allen was winding down it...

Excerpt: ...nd (5) Negligent Misrepresentation [as to Giant only]. Plaintiff alleges that on or about August 8, 2021, she and her husband went to Giant's retail location in Montclair, California to consider the purchase of a motor home. After talking to one sale representative about their needs and intended use of a motor home, Plaintiff and her husband left and returned the next day. They talked to the same sale representative, and he introduced them to his...

Excerpt: ...l back pay and benefits, and reimburse her for attorney's fees related to this action. On February 7, 2022, the Court (Judge Arreola) sustained the District's demurrer to Kammeyer's petition with leave to amend. 2) Demurrer Sustained to Kammeyer's First Amended Petiton for Writ of Mandate On March 1, 2022, Kammeyer filed her verified First Amended Petitoner (FAP) for writ of traditional mandate (Code Civ. Proc., S 1085) or administrative mandate ...

Excerpt: ...(4) violation of Health & Safety Code secton 13007, (5) violation of Public Resources Code section 4421, (6) violation of Public Resources Code section 4435, (7) negligent infliction of emotional distress, (8) loss of consortium, and (9) negligent interference with prospective economic advantage. As for the underlying allegations, plaintiffs contend that Gentry was operating an excavator on August 25, 2021, on 1-15 Log-stics's property located at...

Excerpt: ...ustee of the Donald and Barbara Atkinson Revocable Trust dated 8/23/1994; Richard Lee Atkinson (Richard); All Persons unknown Claiming a Legal Interest in the Real Property Commonly Described as 16586 Paine Street, Fontana, California 92336; and DOES 1 through 50, inclusive: (1) Receivership Against All Defendants; (2) Public Nuisance Against All Defendants; and, (3) Nuisance Per Se Against All Defendants. On November 12, 2022, the City filed a P...

Excerpt: ...dant's request, and for a loan extended at Razo's request. On May 6, 2022, Razo filed an answer admitting three (3) paragraphs and generally denying all other allegations. She also asserted two (2) affirmative defenses. On November 22, 2022, Discover filed this motion for summary judgment. Razo has not filed opposition as of April 4, 2023. DISCUSSION: Although summary judgment might no longer be considered a "disfavored" procedure, the rule conti...

Excerpt: ...ged Defendants City of Ontario ("the City") and County of San Bernardino allegedly knew about the fireworks and failed to protect the public. In particular, several 911 calls had been made to the City for the past three years about the fireworks and the City failed to reasonably investigate or inspect the property. Plaintiffs also alleged that the ATF ignited the remaining ammunition and fireworks, which the County failed to stay for, which then ...

Excerpt: ...Merchantability. On June 8, 2021, Plaintiff served his Requests for Production of Documents, Set One, on GM. On July 6, 2021, GM served unverified, objections and responses. GM refused to supplement the responses, despite the parties' meet confer efforts. On August 18, 2021, Plaintiff filed a Mohon to Compel GM's Further Responses to Requests for Production of Documents, Set One, which GM opposed. On February 25, 2022, the Court heard and granted...

Excerpt: ...chattels [work tools, mobile home, fiat-bed trailer); and (8-9) conversion ["doom buggies" and Razor off-road vehicle. Ostensibly, Plaintiff means "dune buggies." But for purposes of this statement, the Court will adopt Plaintiff's use of "doom buggies." l.) Plaintiff alleges the follow-ng: In 2020, after four years of marriage to Plaintiff, Defendant filed a dissolution of marriage action. (Compl. 4.) On July 15, 2022, Defendant appeared at Plai...

Excerpt: ... complaint. While difficult to follow, the complaint indicates Broussard is a sole proprietor that leases unit 02-150 in Lake Arrowhead Village (the Village). Defendant, which one it is unclear, purchased the Village in 2019 with the stated intent of making improvements, addressing restorative deferred maintenance, and providing tourists with a "welcoming place." (Compl. at p. 2.) At the time of plaintiff's lease, Unit 02-150 was in dire need of ...

Excerpt: ...on March 24, 2023. This action was commenced on September 28, 2020 by Plaintiff Luoshan International, Inc. ("Plaintiff" or "Luoshan") asserting causes of action for (1) breach of contracts; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) Cal. Bus. & Prof. Code, 517200. The Complaint seeks recompense for the breaches of contract Defendant eGreen committed in failing to pay invoices. Plaintiff Luoshan is a California company...

Excerpt: ...aintiffs leave to amend. On October 17, 2022, Plaintiffs Celia Espinosa and Eduardo Espinosa ("Plaintiffs") filed the operative First Amended Complaint ("FAC"). According to the FAC, on October 14, 2020, Plaintiffs leased a new 2020 Honda CR-V, with express and implied warranties from Honda. (FAC, '1 8.) Defendant American Honda Motor Co., Inc. ("AHM") breached the express and implied warranties because the vehicle suffered from serious defects a...

Excerpt: ...(6) constructive discharges; and (7) unlawful/unfair business practices. Plaintiff was a hazardous materials worker employed by defendant Berkley, involved in the abatement of asbestos, lead, and other environmental clean-up. Defendant Berkley seeks summary adjudication of the issue of constructive discharge attendant to the sixth cause of action of the complaint. During the course of discovery, the plaintiff has raised the contentions, among oth...

Excerpt: ..., (6) failure to prevent discrimination and retaliation, and (7) wrongful termination. Defendants' Motion for Summary Judgment Now, through the pending motion, defendants seek summary judgment, or in the alternative summary adjudication, on the grounds that Flores cannot establish his prima facie case; there was a legitmate business reason for the termination; and Flores was fully accommodated. The facts presented with the motion indicate TiVa cu...