Excerpt: ... (7) Compel further responses to requests for admission [from Mauricio & Federico / unopposed] Movants: Defendants Valley Transmission and Auto Repair, Inc., Edward Whittingslow, and Robert Larsen Respondents: Plainti
¯s Federico Martinez and Mauricio Martinez I. RELEVANT PROCEDURAL/FACTUAL BACKGROUND At issue are seven discovery motions Þled by Defendants—motions to compel each plainti
¯'s further responses to form interrogatories, special ...

Excerpt: ...ainty. First Cause o Action – Inverse IndemniÞcation Page | 2 An inverse condemnation claim arises when “there [is] an invasion or an appropriation o some valuable property right which the landowners possesses and the invasion or appropriation must be directly and specially a
¯ect the landowner to his injury.” (Border Business Park, Inc. v. City o San Diego (2006) 142 Cal.App.4th 1538, 1548.) A claim or inverse condemnation requires t...

Excerpt: ...d because of the negligence of defendants Ontario Mills L.P., Simon Property Group, Interstate Cleaning Corporation, National Janitorial Solutions, Inc., and Marc Smith. Odeh then commenced suit against the defendants on June 23, 2023, alleging that each of the defendants negligently owned, maintained, managed, and operated the property. The form-complaint has two attachments outlining claims for premise liability and general negligence. However,...

Excerpt: ...ollectively, Defendants) on March 20, 2023. Plainti
¯ Þled his First Amended Complaint (FAC) on April 19, 2023, alleging seven causes of action: (1) elder abuse; (2) fraud; (3) unfair, fraudulent, and Unfair Business Practices Act- Cal. Bus. & Prof. Code Section 17200 et. seq.; (4) 7 undue inßuence; (5) intentional inßiction of emotional distress; (6) violation of California Business and Professions Code and (7) violation of the California We...

Excerpt: ...e Motion to Strike Þled by Defendants Robertson's Transport, LTD., Robertson's Ready Mix, LTD., Michael R. Howard, RRM Development, and RRM Properties, LTD. (“Defendants”). Defendants seek to strike the allegations concerning the demand for punitive damages within the Shadwick's Complaint. SpeciÞcally, the moving Defendants seek to strike paragraphs 113, 123, 135, and 199215, and paragraph 7 of the prayer for relief. Plainti
¯s Shadwick, e...

Excerpt: ...ponse to Supplemental Special Interrogatories as to Kelsea Moscatel Movant: Defendant Best Buy Stores, L.P. Respondents: Plainti
¯s Cole and Kelsea Moscatel Page | 2 The Motions to Compel Further SRog Responses An overview of the law A motion to compel further responses is available when the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers....

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: ... January 11, 2024, Olmos and Cross-complainant filed his Opposition to Brancato's Special Motion to Strike, along with the declaration of attorney Edward M. Palmer (Decl. Palmer) in support thereof. On January 18, 2024, Brancato filed her Reply to Olmos' Opposition. Discussion and Analysis Brancato moves this Court for an order striking the following causes of achon and specific related allegations in the Cross-complaint filed by Olmos: (1) Secon...

Excerpt: ...Civ. Proc., S 2031.310.) This Page | 3 motion can be utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., S 2031.310, subd. A motion for an order compelling further responses "shall set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc., S 2031.310, subd. (b)(l); Ki...

Excerpt: ...1-50, inclusive Motion(s): Motion for Summary Judgment Movant(s): Defendants and Cross-complainants Ahmad Salamah, individually and dba A&A Auto Sales Respondent(s): Plaintiffs Mario Lalama and Noemi Lalama Discussion Analysis The undisputed Material Facts. Defendants submit 13 undisputed material facts (UMFs). In sum, the parties agree that this lawsuit arises out of an accident that occurred on June 26, 2019 in which Mario Lalama was driving hi...

Excerpt: ...fendant American Honda Motor Co., Inc., alleging the following causes of achon: (1) violation of SongBeverly Act — Breach of Express Warranty; and (2) fraudulent inducement-concealment. Plaintiffs' Complaint arises out of their purchase of a new 2018 Honda Odyssey on June 30, 2017. They entered -nto an express warranty, which covered repairs or defects of covered parts for 36 months or 36,000 miles and of the powertrain for 60 months or 60,000 ...

Excerpt: ...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 Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties ...

Excerpt: ...for a remodel project, Specialty Builders, Inc. ("Specialty Builders"). This case was filed on September 5, 2023, after Specialty Builders filed its own action against Guerra, for Breach of Contract and Foreclosure of Mechanic's Lien, and asking for Arbitration under the Contract (Case No. CIVSB 24 2319301; Dept. S14). There have been notices of related cases filed in each department and the cases have been deemed related by each Court. The relat...

Excerpt: .... United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the e...

Excerpt: ...reaks; (4) minimum wages; (5) final pay; (6) untimely pay; (7) wage statements; (8) recordkeeping; (9) reimbursements; as well as (10) violation of the unfair competition law. Later, and separately, Plaintiff Navarro filed his own wage- and-hour complaint on December 14, 2021, alleging the same causes of action. On September 28, 2022, the matters were consolidated pursuant to stipulated order. After commencing litigation, the parties informally e...

Excerpt: ...REZ, an individual; ERIK REYES, an individual; HUGO RAMIREZ, an individual; DOES 1 to 100, inclusive. Defendants. MIRNA DEYSI CERRITOS FLORES, a nominal defendant; DAVID ENRIQUE FLORES, a nominal defendant; EVIS FLORES, a nominal defendant; HEIDI LIZZETH FLORES, a nominal defendant; and ROES 1 to 30, inclusive. Nominal Defendants. Motion: Good Faith Settlement Movant: Defendant Manuel Ray Gutierrez Respondent: Goodyear Tire & Rubber Company and H...

Excerpt: ...ve wage- and-hour class and PAGA representative achon on November 7, 2019. The allegations at issue include violations relating to (1) meal periods; (2) rest breaks; (3) minimum and overtime wages; (4) accurate wage statements; (5) waiting time penalties; as well as (6) violations of the unfair competition law and (7) civil penalties pursuant to PAGA. The Gutierrez matter additionally sought declaratory relief. After commencing litigation, the pa...

Excerpt: ...o buy real property in Bloomington from Audrey Ray Espinoza, as Trustee of the Frank D. Ray Family Living Trust dated May 16th, 2014 (Espinoza). However, after escrow was opened, Espinoza agreed to sell the property to Cortez Property Management LLC 4 (Cortez). As a result, KCI commenced suit on October 13, 2022, against Espinoza and Cortez. In response to the lawsuit, and on April 17, 2023, Espinoza answered and filed a crosscomplaint against mu...

Excerpt: ...er 2, 2019. He alleges the subject vehicle had a defective transmission, and the defects manifested after the purchase. Despite taking it in for repairs, Plaintiff alleges that Defendant could not repair or remedy. On that basis, Plaintiff filed his initial complaint on August 26, 2023. The current operative Second Amended Complaint (SAC) was filed on May 31, 2023, following a demurrer, and alleges (1) breach of express warranty under the Song-Be...

Excerpt: ... Case Summary This is a post-judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. There are currently two hearings set for the examination of Defendants as judgment debtors. Relevant here, on November 7, 2023, Judgment Creditor issued numerous subpoenas for production of business records, mostly to financial institutions. (Walker Decl., 94.) On November 21, 2023, Defendants' counsel se...

Excerpt: ...storage unit door at Defendant's storage facility on December 22, 2021. As such, on May 18, 2022, he filed suit against Defendants for (1) negligence; (2) premise liability; and (3) product liability. Relevant here, on September 26, 2023, Defendants StoreAmerica and Guardian issued a deposition subpoena to Dr. Fardad Mobin, seeking to depose the doctor on October 25, 2023 on the following areas of inquiry: (1) custom and practice for medical lien...

Excerpt: ...gainst defendants, Asurion, LLC (Asurion), Christian Lopez, and Does 1 through 30 alleging 21 causes of acton. The alleged causes of action are as follows: 1) Discriminaton Based on Physical Disability; 2) Failure to Accommodate Actual or Perceived Physical Disability; 3) Failure to Engage in Good Faith Interactve Process; 4) Harassment — Hostile Workplace Environment; 5) Intentional Infliction of Emotional Distress; 6) Negligent Hiring, Superv...

Excerpt: ...AL BACKGROUND on March 12, 2019, Maribel Leon, Carlos Anthony Leon, Alejandro Leon, David Rodriguez, Nathalia Guadalupe Leon and Alonda Jackeline Leon (collectively, Plaintiffs) 15 filed this action against Thomas William Campbell (Campbell) and the County of San Bernardino (County). Plaintiffs' complaint includes a cause of action for negligence against Campbell and a cause of action for dangerous condition of public property against the County....

Excerpt: ...air, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further liti...

Excerpt: ...FAC) alleges causes of action for (1) violation of Education Code secton 200; (2) violation of the Bane Act; and (3) declaratory relief. The FAC alleges Defendant discriminated against Plaintiff by unreasonably denying his request for a religious exemption from Defendant's COVID- 19 vaccine mandate. (Complaint, 91.) On November 6, 2023, Defendant filed the instant motion for judgment on the pleadings as to the first cause of action Defendant argu...