Excerpt: ....6, 204.3-204.4, 204.6-204.7, 206.2-205.3, 207.1-207.2, 208.1- 208.2, 209.2, 211.1, 214.1-214.2, 215.1-215.2. 3) special Interrogatories, Nos. 1-34. 4) Requests for Admissions, Nos. 1-50. 5) Requests for Production of Documents, Nos. 1-86. Defendant is ordered to provide responses within 30 days from notice of this order. The Court denies the request for sanctions. Factual / Procedural Context: In August 2021, Plaintiff Kailey Carrillo ("Plaintif...

Excerpt: ...he fifteenth and sixteenth causes of achon for (1) Survival Action: Dangerous Condition on Public Property; and (2) Wrongful Death: Dangerous Condition on Public Property. As to defendants Nagle and CHP, the demurrer is sustained with 30 days leave to amend as to the eleventh, twelfth, thirteenth, fourteenth, and seventeenth causes of action for (1) Survival Action: Negligence; (2) Wrongful Death: Negligence; (3) Survival Acton, and (4) Loss of C...

Excerpt: ...manufactured or distributed by Defendant FCA US, LLC ("Defendant" or "FCA"). Plaintiff alleges that FCA provided certain warranties, but the Subject Vehicle was delivered with and/or developed nonconformities during the warranty period, including a defect with the PowerNet system (electrical architecture). Plaintiff alleges that he had to deliver the vehicle for repairs on multiple occasions, but FCA's authorized repair facility failed to conform...

Excerpt: ...er 13, 2023 at 8:30am. All parties are ordered to file an updated CMC statement prior to that hearing. Factual / Procedural Context: This is a trade secret misappropriation case. Plaintiff YYC Management Inc. alleges it is engaged in the business of shipping and logistics, provding shipping, warehousing, planning and cargo management for customers. Plaintiff's customers (primarily freight forwarders, manufacturers and/or distributors) place order...

Excerpt: ...ined with 20 days leave to amend as to the first and fourth causes of action alleged by Plaintiff Deborah Tunnell, and sustained with 20 days leave to amend as to the fifth cause of action alleged by both Plaintiffs. The Motion to Strike should be granted with 20 days leave to amend. Factual / Procedural Context: This action arises out of an incident which occurred on the private driveway of Plaintiffs' residential property, during which an Amazo...

Excerpt: ...zam"), and Liberty Mutual Insurance Company ("Liberty Mutual") (collectively, "Defendants"), alleging (1) breach of contract (only against Ryan), (2) general negligence (only against Liberty Mutual), and (3) fraud (against all Defendants). On October 18, 2017, Ryan executed a personal injury retainer agreement with Plaintiff for Plaintiff's legal services pertaining to Ryan's injury claims arising from a motor vehicle collision that ucurred on Oc...

Excerpt: .... Plaintiff now seeks leave to file a First Amended Complaint. This Motion is brought under California Ctxle of Civil Procedure sections 473, subdivision (a)(l), and 575 and California Rules of Court, rule 3.1324, and is made on the grounds that (i) the proposed FAC will not cause any unfair prejudice to Defendant John James Bassette ("Bassette") or undue delay; (ii) that the filing of the FAC will serve the ends of justice and judicial economy b...

Excerpt: ...dlords and owners of property at 591 N. McKinley Street, Suite 100 in Corona ("premises"), which they had purchased in 2019. Landlord alleges its predecessor entered into a written lease ("Lease") with Tony King's Buffet, Inc. in 2012 to operate a restaurant on the premises. Defendants Xue Jiao Chen ("X. Chen") and Zen Yue Tin ("Tin") were guarantors of the Lease (collectively "2012 Guarantors"). In 2015, defendant Antelope Valley Fan's Inc. ("AV...

Excerpt: ...NA") and Fontana Nissan. On November 3, 2018, Plaintiff purchased a 2018 Nissan Kicks (the "Vehicle"), which was backed by an express warranty, from the non-party dealer, Raceway Nissan. (Complaint, "1 10-11; Declaration of Nicholas S. Maugeri II in Support ("Maugeri Declaration"), 5, Exhibit 4.) Plaintiff alleges that defects and nonconformities — and specifically, defects in the electrical system, transmission and engine — manifested within...

Excerpt: ...non-party dealer, Corona Nissan. (Complaint, "1 7-8, 50-52, 61; Declaration of Scott D. Sharp in Support ("Sharp Decl."), '1 3, Exhibit 8.) Plaintiff alleges that defects in the transmission manifested within the applicable express warranty period and that NNA's authorized repair facility/dealer was unable to repair/conform the Vehicle. (Complaint, "1 10-11, 54, 62-64.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverl...

Excerpt: ...rco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $155,000. As conditions of sale, Defendants made representations and warrantes about financial information, and status/condition of the assets. When escrow closed, Plaintiffs paid the $165,000 plus an additional $89,000 for the inventory. Almost immediately, Plaintiffs realized monthly re...

Excerpt: ...mber 28, 2022, Plaintiffs Adel Shehata ("Shehata") and The Dream for Investment, LLC ("The Dream") (collectively, "Plaintiffs"), filed a Complaint against, amongst others, moving Defendants Bassem Georgy ("Georgy"), Ahmed Hag ("Hag") and Elbarary, LLC ("Elbarary") (collectively, "Defendants"). The Complaint alleges, as relevant to the instant demurrer, the following causes of action: (1) breach of contract (by Shehata against Georgy & Elbarary); ...

Excerpt: ...ainst Defendant in connection with the purchase of a new 2019 Chevrolet Silverado, alleging (1) violation of Song-Beverly Act Breach of Express Warranty and (2) violation of Song-Beverly Act — Breach of Implied Warranty. On November 30, 2022, Plaintiffs served a Notice of Deposition for Defendant's Person(s) Most Qualified ("PMQ") and Custodian(s) of Records, unilaterally scheduling the deposition for December 19, 2022. (Bissman Decl. 3, Ex. A....

Excerpt: ... demurrer as to the second and sixth causes of action with 30 days leave to amend. The Court overrules the demurrer to the fourth cause of action. The Court shall grant/permit Plaintiff leave to amend the FAC to add causes of action for Disability Discrimination, Failure to Accommodate, and Failure to Engage in a Good Faith Interactive Process in his amended complaint. Factual / Procedural Context: Plaintiff Frank Hoyas was hired by the City of R...

Excerpt: ...laration of Ali Ameripour in Support ("Ameripour Decl."), Exhibit 3.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities and developed other defects and nonconformities to warranty—including defects in the electrical and structural system defects, which HMA was unable to repair. (Complaint, 10, 18, 23-24, 49-50.) The Complaint sets forth three causes of acton: (1) Violation of SongBeverly Act — Breach of...

Excerpt: ... of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Plaintiff alleges that fts assignor (State Fund) entered into a written agreement where fts assignor agreed to provide policies of workers compensation insurance to Defendants and that Defendant breached the policies by falling to pay premiums assessed at the conclusion of the policies. Defendant now brings this demurrer to all causes of action alleged in the Compl...

Excerpt: ... discovery cut off dates, without prejudice." The 1st amended cross-complaint was filed on 7/22/22. On 9/20/22, following a motion for a vehicle inspection, the Court again only reopened discovery for purposes of a vehicle inspection. In short, the Court did not extend discovery for any other purpose. As a protective order is a discovery motion, and no leave has been granted to extend discovery, the motion is untimely. As such, the motion for san...

Excerpt: ... with 20 days leave to amend the wrongful death cause of action. The Court denies the moton to strike. As the pleadings are not at issue, the Court shall continue on its own motion the Case Management Conference Hearing to July 19, 2023 at 8:30am in Dept. 3. All parties may appear in-person or by Zoom/telephone. All parties are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context: Decedent Barbara Krosk...

Excerpt: ...ectively "Plaintiffs") were moving from Oregon to California and were looking to purchase a home in Riverside County. They hired California Dream Real Estate and Joshua Andrade ("Andrade") to help them with this task. Plaintiffs found a singlefamily residence in Beaumont. The property was owned by Yunbo Xia and Jiang Fe Li. It was disclosed that marijuana had been grown inside the house for a period of time. Plaintiffs were concerned about potent...

Excerpt: ... 1, 2021, Plaintiff filed her complaint for premises liability and negligence. Trial is currently set for May 5, 2023. Defendant now moves for summary judgment. (C.C.P., S 437c.) It argues the wheel stop was not a dangerous condition as it was unobstructed, and Plaintiff was walking quickly in flip flops with her five-month-old daughter in an infant car seat and not looking where she was going when she tripped and fell. It also argues that the wh...

Excerpt: ...verified complaint was filed alleging causes of achon for (1) Financial Elder Abuse [Welfare & Insttutions Code SS 15610.07; 15610.30]; (2) Intentional Misrepresentation; and (3) Quiet Title [CCP S 750.020.] Plaintiff, Margaret E. Adkins, is an 82-year-old woman and mother to Defendant Christopher Adkins ("Defendant," for purposes of this demurer). Defendant Diana Jones ("Diana") is in an unidentified relationship with Christopher, and apparently...

Excerpt: ... for the California Department of Real Estate ("Respondent" or "DRE") revoking his real estate broker license and granting in its place a restricted broker license. 1. Petitioner's License History Cusumano has been a real estate licensee of the DRE since 1991, originally obtaining a salesperson license. He obtained his real estate broker license in 1999, and a mortgage loan originator license endorsement on his broker's license in 2010. Petitione...

Excerpt: ...ated a duty to disclose, the Court grants the moton for summary adjudication. The Court finds no triable issues of fact exist for a duty to disclose underthe Asset Purchase Agreement. Factual / Procedural Context: On August 5, 2019, Plaintiff Humble Fitness Beaumont, Inc. ("Plaintiff") entered into an Agreement for the Purchase and Sale Assets ("Agreement") with Defendant Bedazzling Beaumont, LLC ("Bedazzling") and fts owner, Reid Bradley ("Bradl...

Excerpt: ...to Nos. 4146 and 59-61. The Court denies the request for sanctions. Factual / Procedural Context: This is a derivative action brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested ...

Excerpt: ...d by a second position deed of trust recorded against Plaintiffs' property. In 2008, they had trouble making payments on the loan and contacted the servicer. After settlement negotiations, no statements were sent and Plaintiff believed the loan was charged off. Twelve years later, in 2020, defendants Planet Home Lending LLC ("PHL") and Prestige Default Services ("Prestige") sought to foreclose on Plaintiffs' property. Plaintiffs tried to negotiat...