Excerpt: ...quipped with a defective continuously variable transmission ("CVT''). On February 13, 2019, Aguirre filed the operative Complaint against Nissan, alleging causes of action for: 1) Violation of the Song Beverly Act-Breach of Express Warranty; 2) Violation of the Song Beverly Act-Breach of Implied Warranty; 3) Violation of the Song Beverly Act Section 1793.2; 4) Fraudulent Inducement-Concealment; 5) Violation of the Consumer Legal Remedies Act (“...

Excerpt: ...sented to a repair facility on numerous occasions. Then, on December 5, 2017, plaintiffs requested that defendant repurchase the vehicle. Defendant states that on January 17, 2018, it agreed over the phone to repurchase the vehicle and sent a letter to plaintiffs a letter the following day memorializing their telephonic offer. On May 22, 2018, Plaintiffs filed the operative Complaint against Defendant alleging causes of action for: 1) Violation o...

Excerpt: ...16.25, and costs in the amount of $1,013.52, stating that their hourly rate is $500 and that they spent approximately 50 hours on the matter. Defendant disputes the attorneys' fees amount requested. There is no opposition to the $1,013.52 in costs. Legal Standard: A prevailing buyer in a Song-Beverly action is entitled to “the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the cour...

Excerpt: ...dney Goldberg (collectively, “Cross-Complainants”). Plaintiffs are tenants at an apartment complex located at 1723 James Wood Blvd and alleged that said complex suffered from habitability issues, property that was sold the to Cross-Complainants, who allege misrepresentations about the condition of the apartment complex. On April 19, 2019, Cross-Complainants filed a Cross-Complaint against Cross-Defendants alleging: 1. Implied Equitable Indemn...

Excerpt: ...ndant failed to inform them that the property contained several Environmentally Sensitive Habitat Area (“ESHA”) violations: The property's hillside slope area contained numerous unauthorized improvements (stairs, walls, corrals, and fences) that violated ESHA. Plaintiffs are were required to remove the improvements and restore the slope to its original condition because of Defendant's failure to disclose the ESHA violations, causing them dama...

Excerpt: ...ant. Decedent was a patient of Defendant on two occasions: August 18-August 23, 2016 and September 8-September 11, 2016. During his first stay, Defendant assessed Decedent as having a high likelihood of falling and created a fall prevention plan. On September 8, 2016, Decedent was again admitted into the nursing facility. On September 11, 2016, Decedent fell from his bed and fractured his left hip. During this time, Decedent is also alleged to ha...

Excerpt: ... Inn Operating Company, LLC, Promenade Restaurant Group, LLC, The Zislis Group, Inc., John Strain and Law Office of John Strain (collectively, “Defendants”). MIOC developed, owned, and managed the Shade Hotel in Manhattan Beach. Plaintiffs <0013001300110003002c00 0033004f0044004c0051>tiffs began receiving regular quarterly returns. Plaintiffs questioned the accuracy of these quarterly returns. In June 2013, MIOC took out a loan from Preferred...

Excerpt: ...s Medical Group, Inc. ("EHS"), is an independent physician association that managed the health care of Medi-Cal beneficiaries who were members of LA Care, which included Decedent. On the night of May 2, 2016, EHS ordered for Decedent to be transferred to Defendant Pacific Alliance Medical Center (“PAMC”). When he arrived at PAMC, Decedent was made to wait for hours before medical staff attended to him. By that time, Decedent had devel...

Excerpt: ...d surgery on Hicks's left leg, after which the pain went away in the left leg (SAC, Pg. 3, ¶ 2.) On December 8, 2016, Hicks signed a document allowing surgery on her right leg. (SAC, Pg. 3, ¶ 3.) As she was lying down on the surgery bed, McLean suddenly notified her that “a new medicine was going to be tested on my left leg first” and that if it “all went well then they would undergo surgery on my right leg with new medicine later.” (Id...

Excerpt: ...dergo multiple surgeries, including reconstruction of his penis, scrotum, and genital area. Thomas Impliazzo and Cynthia Impliazzo are husband and wife. Plaintiffs allege that following gastric bypass surgery, Thomas Impliazzo (“Thomas”) lost a significant amount of weight. The severe weight loss resulted in folds of excess skin that covered, pressed down upon, irritated, and threatened severe injury to his genitals. It is alleged that Blue C...

Excerpt: ...d” certain internally contentious, divisive issues. One was a desire to split the organization into northern and southern geographic regions, which she supported. The other involved office space the organization rented to a third party, about which plaintiff engaged counsel. Plaintiff raised her concerns with Western and California Dental Association, and recommended forming a nonprofit foundation and address certain governance issues. Western ...

Excerpt: ... for delay in performance. Also on November 30, 2017, plaintiffs filed an application that the action be stayed pending arbitration; doing so allowed a notice of lis pendens to be filed on the subject property pursuant to Code of Civil Procedure section 1298.5. On March 15, 2018, the Court ordered the matter stayed. On July 16, 2018, plaintiffs filed this unopposed motion to compel arbitration and appoint arbitrator. Failure to Tab Exhibits: Plai...

Excerpt: ...(b). The Court therefore does not consider the opposition.) Standard: Attorneys' Fees The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreemen...

Excerpt: ...to manufacture furniture exclusively for plaintiff, by selling furniture to plaintiff's competitor New Spec. On December 20, 2016, plaintiff filed a complaint, May 22, 2017, a first amended complaint, and on September 25, 2017, a second amended complaint, January 29, 2018, a third amended complaint, and April 13, 2018, the operative fourth amended complaint for (1) breach of contract, (2) breach of contract, (3) intentional misrepresentation, (4)...

Excerpt: ...uled. The parties should note that the Court prefers to receive a separately lodged proposed order on all written evidentiary objections, although such is required only on summary judgment or adjudication, conforming to the format required under California Rules of Court, rule 3.1354, subdivision (c). The “form” provided cannot be used by the Court because it is part of the objections themselves. Attorneys' Fees Standard: The party claiming a...

Excerpt: ...iff's consent. According to the allegations, Li and Wu were married from 2008 to 2017; in 2017, Wu's dissolution of marriage petition against Li, brought in the District Court of Guangzhou, China, was completed and judgment was entered. VFAC ¶¶ 7, 10. Although the Thousand Oaks Property was purchased in 2013 during the marriage, the Chinese court did not make any ruling in its judgment to divide real property located outside China. Id. at ¶ 10...

Excerpt: ...orne based on allegations that plaintiff properly foreclosed on it and that defendants improperly recorded certain documents against it. On June 13, 2017, plaintiff filed a complaint for (1) cancellation, (2) quiet title, and (3) injunction. On September 11, 2017, Burns filed a notice of removal to federal court. On November 1, 2017, plaintiff filed a notice of remand. On March 7, 2018, the Court overruled Burns' demurrer and ordered Burns to ans...

Excerpt: ...ir fiduciary duties. According to the allegations in the complaint, plaintiffs met with Altman beginning in February 2017 to discuss selling plaintiffs' home. Complaint ¶ 11. They agreed that if Altman could bring potential buyers, he would serve as a dual agent for plaintiffs and the buyer in exchange for a commission. Id. at ¶ 14. On March 4, 2017, Altman introduced Nicholas Keros to plaintiffs as a potential buyer. Id. at ¶ 16. Altman, howe...

Excerpt: ...ation of public policy, (11) conversion, and (12) declaratory relief. On June 20, 2018, following an ex parte hearing, the Court granted a temporary restraining order prohibiting defendants (or their employees or agents) from disposing of the Porsche, finding that plaintiff will suffer irreparable harm if the Porsche were disposed of and that plaintiff is likely to prevail on the merits of his claims. The ruling also ordered defendants to show ca...

Excerpt: ...plaint for violation of Prop 65. Plaintiff represents that the parties entered into a settlement on June 7, 2018. Novak Decl. ¶ 5; Proposed Consent Judgment. On June 12, 2018, plaintiff filed this unopposed motion to enter a consent judgment between it and defendants. The Court considered the moving papers and rules as follows. Authority to Approve Prop. 65 Consent Judgment: Under Health and Safety Code section 25249.7(f)(4), “If there is a se...

Excerpt: ...cealment, (3) fraudulent concealment, (4) conversion, (5) quiet title, (6) constructive trust, (7) breach of contract, and (8) breach of contract. Complaints in the consolidated cases followed. Lu Ping, plaintiff in BC652828, and Kuo (defendant in the same case) entered into a Settlement Agreement on May 2, 2018. On July 6, 2018, Ping (hereinafter plaintiff) filed this unopposed motion to enforce the settlement. Kuo (hereinafter defendant) does n...

Excerpt: ...asserting 13 causes of action. On May 30, 2018, defendant The Revolution Group, Inc. (hereinafter defendant) filed this unopposed motion to seal certain information contained in its motion for determination of good faith settlement. (Although defendant filed this motion on May 30, its motion for determination of good faith settlement was not filed until June 8, 2018.) Standard: A party requesting that a record be filed under seal must file a moti...

Excerpt: ...016, plaintiff filed a complaint for violation of Prop 65. On January 4, 2018, plaintiff filed a Notice of Settlement of Entire Case. On May 21, 2018, plaintiff filed this unopposed motion to enter a consent judgment between it and defendants. The Court considered the moving papers and rules as follows. Authority to Approve Prop. 65 Consent Judgment: Under Health and Safety Code section 25249.7(f)(4), “If there is a settlement of an action brou...

Excerpt: ...er, no proposed order is included. CRC, rule 3.1362(e) (“The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel- Civil (form MC-053) and must be lodged with the court with the moving papers.”) Moreover, although an included declaration regarding service indicates that counsel served the notice of motion and motion and declaration on the clients, there is no indication that p...

Excerpt: ...st establish entitlement to such fees and the reasonableness of the fees claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” CCP § 1021. “It is well established that the determination of what constitut...