Excerpt: ...m damages. Plaintiff Kristopher Dreyer (“Plaintiff”) alleges he was defamed by Defendants Sean Patterson and Kezia Marques (“Defendants”). Plaintiff alleges he learned of their defamatory statements on January 15, 2020, through the deposition of Richard White, f ormer CEO of now bankrupt Riverside Christian Schools (“School”), during its bankruptcy proceedings. He alleges the defamatory statements by Defendants to the Bankruptcy Trust...

Excerpt: ...led a co mplaint for violations of SongBeverly: (1) breach of express warranty; (2) breach of implied warranty; and (2) Civil Code §1793.2. Trial is currently set for 5/17/24. Defendant moves to compel inspection of Plaintiff's vehicle at an authorized dealership. Defendant seeks sanctions of $1,425.00 against Plaintiff and counsel. Alternatively, Defendant requests issue and evidentiary sanctions. On 10/18/23, Defendant served a notice of inspe...

Excerpt: ...e premises lo cated at 1130 W. 6th Street, Corona, California (the “premises”) owned by Defendant Super Center Concepts, Inc. (“Defendant”). On February 22, 2022, Plaintiff filed this action against Defendant for general negligence and premises liability. On March 2, 2 023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same causes of action. Trial is set for 6/21/24. (Plaintiff has also filed an ex parte motion to...

Excerpt: ... grants th e motion for summary adjudication as to the 3rd cause of action as to both Plaintiffs. The Court denies the motion for summary adjudication as to the 4th cause of action as to both Plaintiffs. Factual / Procedural Context This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor -trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 (...

Excerpt: ...ega owns the Property and the Gandarilla Defendants maintain/control the Property. There is a pending family law action (FLRI2005340) between the Gandarillas seeking dissolution of the marriage as well as right to possession of the Property. The Complaint alleges that the Gandarilla Defendants are now litigating to gain title to the Property in the family law case. Plaintiff alleges that since April 2020 it has inspected the Property 24 times and...

Excerpt: ...re various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wr ongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warranty of Habitability Pertai...

Excerpt: ...plaint, ¶ 2.) D efendant Albertsons (“Albertsons”) is the second -largest supermarket chain in North America. (Id. at ¶ 3.) Starting in or about 2019, Cadence and Albertsons became engaged in a supplier -customer relationship. Initially, Cadence was to produce for Albertson s different products under the Savory Skillets line. Albertsons first marketed those products in four stores, then before long, sold those products in 1,900 of its stor...

Excerpt: ...$48,197.03. The Comp laint 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 filed a Cross -Complaint against Home Care. In his original cross -com plaint 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...

Excerpt: ...rd of damage s. (Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579, 593.) The elements of an IIED cause of action are: (1) outrageous conduct by defendant; (2) the defendant's intention of causing or reckless disregard for the possibility of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation. (Fletcher v. Western National Life Ins. (1970) 10 Cal. App. 3d 376, 394....

Excerpt: ...air a 2018 truck. ESCO Industries, Inc. (“Defendant”) supplied Plaintiff with several pump parts to repair the vehicle. Defendant informed Plaintiff that the parts were new and not defective. The parts allegedly had a warranty that covered the parts for at least 12 mon ths, 100,000 miles, or 4,000 hours of operation. Less than a year after obtaining the parts from Defendant, the engine of the truck suffered a catastrophic failure resulting in...

Excerpt: ... Defendants”). In addit ion to the Entity Defendants, Plaintiffs also named their officers and directors, including Kaveh Daryaie, Stephan Stephanoff, Miraya Lisa Daryaie, and Paris Dominique Daryaie (collectively, “Defendants”). On May 3, 2023, and their operative First Amended Complaint (“FAC”) on September 21, 2023. In their thirteenth cause of action for violation of Contractors' State Licensing Law, Bus & Prof. Code § 7000 et seq....

Excerpt: ...nd 97; as to the Req uest for Production 5, it is denied. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. Absent a claim of privilege or attorney work product, the party who seeks to co mpel production has met his burden of showing good cause simply by a fact -specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App.4th 92, 98.) The...

Excerpt: ... CITY COUNCIL OF THE CITY OF RIVERSIDE, ERIN EDWARDS, CLARISSA CERVANTES, RONALDO FIERRO, GABRIELA PLASCENCIA, STEVEN HEMENWAY, JAMES PERRY Tentative Ruling: Page 9 of 12 In an underlying case, Platt v. City of Riverside (RIC 1822011), Tony Platt alleges that on 11/5/12, Rive rside Air Service, Inc. (RASI) entered into a long- term lease with Defendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, Ci...

Excerpt: ...uant to CC P §1019.5. Attorney fees and costs awarded to moving party and counsel in the amount of $1,060.00 payable by responding party and counsel within 30 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a commer cial lease dispute. Plaintiff Chedraui USA, Inc. dba Bodega Latina Corp. alleges that it entered into a lease with defendant El Tigre Investment, LLC on January 4, 2018 (the “Lease...

Excerpt: ...between 2012 and 2018, while they were students at Eleanor Roosevelt High School. (Complaint at ¶¶ 1 -6, 10.) Robles, an employee of the District, and a teacher and coach at Eleanor Roosevelt High School, groomed and sexually assaulted Plaintiffs for years, and this behavior was known to school administrators, coaches, and teachers, who failed to report it. (Complaint at ¶¶ 17, 19 -36.) On April 24, 2023, each Plaintiff propounded identical r...

Excerpt: ...service, cashier service, and logistics. In December 2018, Plaintiff's supervisors, Annette Marquez (“Marquez”) and Marc, asked Plaintiff if he was homosexual. He answered in the affirmative. After this conversation, Marquez began subjecting him to disparate treatment bec ause of his sexual orientation. He also contends that he was subjected to race discrimination because he was African American. He asserts that Target regularly promoted Cauc...

Excerpt: ... Practices Act (“IPA”) statutes (Civ. Code, § 1798, et seq.), is overbroad, and intrusive of her right of privacy. She states Defendants are the cause of the subject crash and her entire driving history is not at issue. The Court agrees that the subpoena is overbroad, imp ermissibly impinges upon Plaintiff's right to privacy, and seeks information not reasonably calculated to lead to the discovery of relevant or admissible evidence. A motion...

Excerpt: ...ed, or beyond the scope of discovery. CCP §2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929. Under Evidence Code § 1040(b), a public entity has privilege to refuse to disclose official information, if “[d]isclosure of the information is against public inte rest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice . . .” “Evid...

Excerpt: ...ber 13, 2021, Plaintiff Mario Serna (“Plaintiff”) purchased a 2021 Honda Accord (“Subject Vehicle”), which was manufactured and/or distributed by Defendant American Honda Motor Company (“Defendant” or “Honda”). The Subject Vehicle was purchased with certain express warranties. Plaintiff alleges that the Subject Vehicle was delivered with defects and nonconformities, including a defective Honda Sensing System. Plaintiff asserts tha...

Excerpt: ...d Code § 452(b) 1. Deny the Motion for Summary Judgment. 2. Deny the Motion for Summary Adjudication of the Negligence cause of action as Defendant failed to meet its initial burden that it did not cause Plaintiff's injuries. 3. Grant the Motion for Summary Adjudicati on of the Intentional Infliction of Emotional Distress cause of action as there is no evidence or triable issue of fact of extreme or outrageous conduct. The elements of a neglige...

Excerpt: ...Saccuzzo Dec l. ¶¶13–18.) Contrary to GMWC's argument, “California courts do not require detailed time records, and trial courts have discretion to award fees based on declarations of counsel describing the work they have done and the court's own view of the number of hours reasonably spent.” (Syers Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 698; see also Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 132...

Excerpt: ...ndants waived untimeliness of the Second Amended Complaint by filing the demurrer addressing the substance of Plaintiff's complaint. The motion to strike punitive damages is moot. As to the 4COA, 5COA and 6COA, in sustaining the demurrer to the FAC, the Court explai ned that 1) Plaintiff failed “to allege any specifics including the how, when, where, to whom and by what means the representations were tendered”; 2) Plaintiff failed “to all...

Excerpt: ...tlement o pportunities. Factual/Procedural Context This action arises from the parties' contractual dispute. On January 26, 2021, Plaintiffs/Cross -Defendants Joseph F. Schallert (“Mr. Schallert”) and Amy E. Schallert (“Ms. Schallert”) (collectively, “Cross -Defend ants”) entered into a written Vacant Land Purchase Agreement (“VLPA”) with Defendant/Cross - Complainant North Pacific Developments, Inc. (“NPD”) for the purchase ...

Excerpt: ...es), represe nted to Plaintiffs that they were all qualified to complete the project within six months, and that they inferred the project would cost about $500,000. The Complaint alleges that these representations were false, that the Defendants were not properly lice nsed or qualified, and that the Defendants did not do the work properly, finish on time, or stay within the agreed -upon budget. Defendants David McFarland and David McFarland G...

Excerpt: ...y.” The determination of whether to Page 5 of 9 consolidate two actions is a matter for the trial court's discretion. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515. The purpose of consolidation is to enhance trial court efficiencies and consolidation should be gra nted to: (1) avoid repetitive trials of common issues; (2) avoid unnecessary costs and delays; and (3) avoid a substantial risk of inconsistent adjudications. (Todd -Stenberg v. ...