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