Excerpt: ...tiff in the amount of $2,000 ($1,000 per unopposed motion). Sanctions are payable within thirty (30) days. Case Summary This is a medical malpractice case. Plaintiff alleges that on November 18, 2018, she was a patient at Defendant Hospital. She alleges that Defendant was negligent in her care and that, as a result, she suffered severe and permanent injuries, as well as mental anguish. As a result, on or about August 16, 2019, Plaintiff filed a c...

Excerpt: ...te being accompanied by express and implied warranties, the vehicle was delivered with serious defects to its engine, CVT warning lights, starter system, and it lost power, among other problems. The vehicle's manufacturer and/or distributor, Nissan North America, Inc. (Nissan), through its authorized repair facility, was unable to fix the vehicle. On January 6, 2022, Plaintiffs commenced the instant action against Nissan and Metro Nissan (collect...

Excerpt: ...Plaintiff purchased a 2014 Ford Flex on February 19, 2015. (Complt. '19.) Plaintiff alleged that Defendant is the manufacturer, who promised to main the utility and performance of Plaintiff's vehicle, or, in the alternative, compensate Plaintiff if there was a failure. (Complt. "17.) Plaintiff further alleged that the car had "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty inclu...

Excerpt: ...repair the vehicle within a reasonable number of attempts. GM also allegedly failed to provide a replacement or restitution. As a result, Vazquez commenced suit against GM on October 12, 2022, for (1) breach of express warranty under the Song-Beverly Act (the Act); (2) breach of the implied warranty of merchantability under the Act; (3) violation of section 1793.2 of the Act, which dictates when repairs must be commenced and completed; and (4) fr...

Excerpt: ...ent. If necessary, a privilege log must be provided to document documents withheld due to asserted privilege and confidential third-party information would be redacted. Further, the City will provide documents responsive to No. 65, limited to council minutes involving Green, Affrunb, Goodman and Elliot that relate to discrimination, harassment, and retaliation since 2013 to present. Finally, the City will respond to No. 68, limited to documents t...

Excerpt: ...tisfied. Protectve order. Code of Civil Procedure section 2030.050 requires any party propounding more than 35 special interrogatories to any other party to attach a declaration justifying the number of interrogatories. The supporting declaration must justify exceeding 35 interrogatories for one of three reasons: (1) the complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party ent...

Excerpt: ...icle") from Mountain View Chevrolet, Inc., an authorized retail dealership, repair facility, agent, and representative of GM (hereinafter, "Dealership"). (FAC. 94.) Plaintiff alleges the Subject Vehicle was equipped with a "defective Hydra-Matc 8L90 transmission," which has been "marred with a myriad of issues and defects," that GM has failed to identify a root cause for. (Ibid.) Plaintiff purchased the Subject Vehicle pursuant to "an express wri...

Excerpt: ...t demands, as no separate statement was timely filed. Finally, the Court would GRANT sanctions in the amount of $2,328.20, payable within thirty (30) days. Relevant Facts This is a lemon law case. Plaintiff alleges she purchased the subject vehicle in April of 2021. The vehicle purportedly had various defects including but not limited to stalling, not starting, engine knocking, and issues with the check-engine light. Despite being covered by expr...

Excerpt: ...c. on March 17, 2023. (See Order filed by Judge Frangie on 3/17/23.) Plaintiff alleges that, in 2006, it entered into a 10-year lease agreement with Frogurt Empire for the lease of commercial property at Victoria Gardens in Rancho Cucamonga. In 2015, they entered into a First Amended Lease, which extended the 10-year lease period by six years. In 2017, Plaintiff and Defendants entered into an Assignment, Assumption and Consent Agreement in which ...

Excerpt: ...p.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 litigation, the risk of maintaining class action status through trial, the amount offere...

Excerpt: ..., who were fourteen or older, were not disclosed on the initial insurance application. The rescission took place despite the fact that the undisclosed household member was not the driver at the tme of the relevant accident. Plaintiffs allege that the application system forced applicants to represent that all disclosures of household members had been made, despite preventing that very disclosure. On December 15, 2022, Plaintiffs, including Plainti...

Excerpt: ...ourt, rule 3.769.) The moving party must demonstrate that "the settlement is fair, 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 705, 723.) Relevant factors the court may consider include "the strength of the plaintiff...

Excerpt: ...laims for violations relating to wages, meal-and-rest periods, wage timeliness, and inaccurate wage statements. Shortly thereafter, Plaintiff Waltz filed a wage-and-hour class action on June 11, 2021, and PAGA representative acton on August 5, 2021 (CIVSB2117018 & CIVS82133560, respectively). While both the Flores and Waltz wage-and-hour matters were removed to federal court, they both were ultimately brought back to this Court. On July 7, 2022, ...

Excerpt: ...hicle. Based on these allegations, Monjaras commenced suit against Cuevas and Good Faith on June 22, 2021, for negligence. In response to the lawsuit, defendants answered and filed a cross- complaint against Salvador Ayala-Villanueva and Ana Trevira, (though they were added via roe amendment). The cross-defendants in turn filed a cross-complaint against Good Faith and Cuevas. The Motion for Summary Judgment Cuevas and Good Faith now seek summary ...

Excerpt: ...asonable diligence to personally serve Defendant, resorting to substituted service at a house that was no longer Defendant's dwelling house or usual place of abode, and that Plaintiff has not substantially complied with the statutory requirements for service of process so as to confer actual notice of the summons and complaint on the Defendant. a. Plaintiff Meets Evidentiary Burden Regarding Proper Service On a motion to quash service of summons ...

Excerpt: ...hat Singh and A&A knew of their identity yet unreasonably delayed filing and serving the Doe amendment until only a few months before trial even though their cross-complaint was filed nearly two years ago. Counsel for Avey, Richard C. Moreno, submits a declaration and attaches exhibits to show where their identity was revealed in discovery. Avey states that Singh and A&A knew of their existence and the factual and legal basis by which they could ...

Excerpt: ...in investing in MCWA and met with Revolon at MCWA's location in Redlands. Esposito and Defendants allegedly entered into an agreement in which Esposito became a 50% owner of MCWA in exchange for a monetary investment. Esposito alleges Revolon has refused to permit him to have an active role in management, refused to share in profits, failed to compensate Esposito as an officer, and denied access to business and corporate records. Esposito's compl...

Excerpt: ...ade secrets by all against all. Defendants Penwood, Lee, and Western answered. Defendant Western moves for summary judgment.[l] Plaintiff Comstock opposes. DISCUSSIONS A trade secret[2] is misappropriated if a person either (a) acquires a trade secret knowing or having reason to know that the trade secret has been acquired by improper means,[31 (b) discloses or uses a trade secret the person has acquired by improper means or in violation of a non...

Excerpt: ...tion(s): Motion to Set Aside Entry of Default, Default Judgment, Renewed Judgment, Writ of Executon and other orders Movant(s): Defendant Ha Tien Thi Ha aka Ha Tien Thi (erroneously sued and served as Tien T. Ha aka Tien H. Ha aka Ha Tien Ha aka Tina Ha aka Ha Tien Ha, et al. Respondent(s): Plaintiff Unifund CCR Partners, a New York Partnership Discussion - Here, Defendant seeks to set aside the judgment on the ground that it is void because she ...

Excerpt: ...ating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) wage timeliness; (5) final pay; (6) maintenance of required records; (7) accurate wage statements; (8) unfair competition; as well as (9) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiff would represent a class of non-exempt workers in Defendant's California operations from August 27, 2026, to July 25, 2023. (Settlement, 992 ["Class"...

Excerpt: ...Staff of San Antonio Regional Hospital. A first amended complaint ("FAC") was filed on July 7, 2023 asserting the following causes of acton for: (1) violation of Business & Professions Code, 517200, et seq.; (2) retaliation in violation of Health & Safety Code, 51287.5; and (3) intentional interference with Prospective Economic Advantage. On August 25, 2023, Defendants San Antonio Regional Hospital and Medical Staff of San Antonio Regional Hospit...

Excerpt: ...eet and confer requirement applies to amended pleadings Page | 6 as well as originals. (Code Civ. Proc., S 430.41, subd. (a).) The meet and confer shall occur at least five days before the date the responsive pleading is due. (Code Civ. Proc., S 430.41, subd. If there is no resolution, the demurring party shall submit a declaration with h-s/her demurrer stating either (a) the means in which the parties met and conferred and that no resolution was...

Excerpt: ...time wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time; (6) wage statements; (7) wage timeliness; (8) reimbursements; as well as (9) violation of the unfair competition law. In essence, Plaintiff alleges that he was employed by Defendants from October of 2013 through approximately December 2020. He seeks to represent all current and former non-exempt California employees who worked for Defendants during the statutory p...

Excerpt: ...lege that CDA has a possessory right to the property itself; thus, the cause of action does not state sufficient facts to support nor does COA have standing to bring a trespass cause of action. Additionally, GS8 also specially demurs that the trespass cause of action is uncertain because the FAC fails to allege who owns or possesses the property. In response, Plaintiff argues that it has adequately alleged that it owned the pipeline and the groun...

Excerpt: ... or in the alternative, summary adjudication pursuant to Code of Civil Procedure section 437c, subdivision (f) in favor of Defendants and against Plaintiff's SAC and the following causes of action contained in Plaintiff's SAC: (1) First Cause of Action for Breach of Contract; and, Page | 10 (2) Second Cause of Action for Conversion. Analysis: Plaintiffs First Cause of Action for Breach of Contract: Plaintiff's First Cause of Action is for Breach ...