Excerpt: .../ Procedural Context Plaintiff Hal Hays Construction, Inc. (HHCI) was the prime contractor on a construction project involving the placement of the Humboldt County Juvenile Hall. The County of Humboldt is the project owner. Defendant Flooring Solutions, Inc. (FSI) was HHCI's subcontractor. In October of 2021, FSI's own subcontractor, All Bay Area Floors, Inc. (All Bay) caused a fire in the juvenile hall. The fire caused damaged to the structure a...

Excerpt: ...d by the attachments shall be $10,200,000 jointly and severally among the three Defendants. Plaintiff is ordered to post an undertaking in the amount of $10,000 within 30 days of the order. Factual / Procedural Context: On October 27, 2022, Plaintiff filed its Complaint arising out of a breach of a settlement agreement relating to the sale of a business. The operative First Amended Complaint (“FAC”) was filed on October 31, 2022, alleging the...

Excerpt: ...fects, which could not be repaired after FCA was given repeated opportunities. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and implied warranties. Plaintiffs also allege that defendant Geovel, Inc. dba I‐10 Chrysler Jeep Dodge Ram (“Geovel”) is authorized by FCA to perform service on FCA‐manufactured vehicles and performed negligent repairs when the subject vehicle was brought into the dealer...

Excerpt: ...subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240[; and [¶]] (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” (CCP, § 2030.290, subd. (a).) Page 4 of 7 The Court denies the application for order to show cause, however, the Court shall order that all future case‐related documents be served by email, other ...

Excerpt: ...ing. The Court shall not accept further briefings. Factual / Procedural Context: This is a motor vehicle accident case. The 12/22/21 complaint pleads causes of action for motor vehicle and general negligence. Plaintiff served special interrogatories, form interrogatories, and requests for production of documents (RFPs) on defendant on 4/15/22. The parties agreed to extensions, and defendant served unverified responses on 6/15/22. The Court notes ...

Excerpt: ... Juan Munoz (“Officer Munoz”), and Officer Gavin Lucero (“Officer Lucero) (collectively, “Defendants”). On January 7, 2015, Tyesha and her son (Tyzjon) and twelve‐year‐old daughter (non‐party) were involved in a traffic collision in which the other driver was driving under the influence. Tyesha's daughter was injured and in need of medical attention, and the police were called. (Complaint, ¶ 17.) Tyesha's sister, Taletha and othe...

Excerpt: ...aged in the business of shipping and logistics, providing shipping, warehousing, planning and cargo management for customers. Plaintiff's customers (primarily freight forwarders, manufacturers and/or distributors) place orders with Plaintiff to coordinate the shipping, warehousing and delivery of goods, including shipping container drayage. (Complaint, ¶ 7.) In mid‐2021, Plaintiff hired defendant Jianwei Lin aka Justin Lin (“Lin” or “Def...

Excerpt: ...Department in 2001. Hoyos worked Patrol and as a member of the SWAT team for more than a decade. In 2016, after sustaining an injury, Hoyos was placed in charge of the Shooting Range and Firearms Training Unit. In December 2019, Hoyos was selected for promotion to Sergeant and was ultimately placed in charge of the Auto Theft Unit in June 2020. (Comp. ¶8.) Hoyos alleges discriminatory treatment of Hispanic officers on the part of the City and va...

Excerpt: ...s, Inc. (“Barry's Security”) as a security officer. He is currently 75 years old. Plaintiff injured his wrist, hand, and shoulder on the job on 2/28/20. He could not perform all of his work tasks due to said injuries. After he reported said injuries and requested leave, he contends that he was subjected to discrimination and harassment due to his disabilities. He returned to work on the condition that he would be placed on light duty. However...

Excerpt: ...se arises from an automobile collision that occurred in Palm Springs, California, on June 28, 2020. Plaintiff Barry Trailer (“Plaintiff”) alleges that, Defendant John Charles Crosier (“Defendant”), who was operating a vehicle owned by Innovative Automotive Holdings LLC (“Innovative”), collided with his vehicle, causing him serious injuries. On August 3, 2021, Plaintiff filed a Complaint against Defendant, alleging (1) motor vehicle an...

Excerpt: ...tal declaration regarding whether he was entitled to relief under Code of Civil Procedure section 473.5 and whether he had actual notice to defend the matter before his default was entered. Defendant stated in his declaration that he didn't find out about the lawsuit until his real estate agent told him about it, but the original declaration failed to state a date when he was told—i.e., before or after his default was entered. Supplemental Repl...

Excerpt: ...y Unified School District at the time of the alleged sexual battery by another minor student, J.M., who also attended the High School. Plaintiff alleges that at the time of the events described in the complaint she was in the High School's special needs program and that, on October 21, 209, while plaintiff was being transported by bus to the High School, plaintiff was the victim of sexual battery and assault by J.M., who forced her to perform ora...

Excerpt: ...liction of Emotional Distress. The Court denies the Defendant's motion grant summary adjudication that Plaintiff's claim for punitive damages fails. Factual / Procedural Context: Jose Perez (“Plaintiff”) notified his employer, QG Printing II LLC (“QG Printing”) and Quad Graphics, Inc. (“Quad Graphics”), on 1/22/19 that he had to take a leave of absence due to colon cancer. On 3/12/19, he provided a doctor's note that he needed to be o...

Excerpt: ...ctual / Procedural Context: This is an action under the Song‐Beverly Act. On May 28, 2012, Plaintiffs Jose and Alicia Enriquez (“Plaintiffs”) purchased a 2012 Kia Optima, which was manufactured and/or distributed by Defendant Kia Motors America (“Kia”). Plaintiffs received a 5‐year warranty at the time of purchase. Plaintiffs allege that during the warranty period, the vehicle developed numerous Page 7 of 9 defects, including problems...

Excerpt: ...hich was backed by express warranties. (Complaint, ¶¶ 5‐8.) Plaintiff alleges that the Vehicle was delivered with defects and nonconformities to warranty which NNA was unable to repair. (Complaint, ¶¶ 10‐13, 18, 29‐31.) The Complaint sets forth two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song‐Beverly Act; and (2) Breach of Express Warranty under the Song‐Beverly. * * * NNA now moves to compel Pl...

Excerpt: ...On January 30, 2022, Plaintiff texted her GXO supervisor, Vanessa Perez, to request family medical leave to care for her mother who tested positive for COVID‐19. Plaintiff was informed that a doctor's note was needed and that she was expected work if she was symptom‐free. On February 3, 2022, Plaintiff tested positive. Plaintiff obtained a note from her doctor placing her on leave until February 7, 2022. Therefore, Plaintiff did not appear fo...

Excerpt: ...eginning when she was five or six years old. Plaintiff's mother, Defendant Kathleen Bingley (“Bingley”) knew the abuse was ongoing. Plaintiff alleges that she reported the abuse to bishops from Defendant The Church of Jesus Christ of Latter‐day Saints (the “Church”) as a teenager, but the Church did not report the abuse nor take action against Fitzgerald. On January 28, 2021, Plaintiff filed her original Complaint against the Church, Fi...

Excerpt: ...and 211. The Court also strikes portions of the following paragraphs to the extent that they reference reports to animal control/social services/public agencies and issuance/service of the 3‐Day Notice: ¶¶ 122, 134, 142, 161, and 190. Factual / Procedural Context: Plaintiffs, Rebecca Gremling; Josephine and Owen Barjols, minors, by and through their Guardian Ad Litem, Carrie Barjols, allege that they were tenants in an apartment located at 39...

Excerpt: ...7/20 complaint pleads causes of action for breach of contract, unjust enrichment, negligent misrepresentation, and conversion. Plaintiff took defendant's default on 10/18/21. A default judgment packet was submitted on 10/6/22, and an OSC re default judgment on 01/11/23. On 10/19/22, defendant filed a motion to vacate the default. She admits her counsel had talked to plaintiff's counsel in an attempt to informally resolve things, but she says she ...

Excerpt: ...Court sustains the demurrer with 30 days leave to amend as to the 1st, 2nd and 5th causes of action. The motion to strike is denied. Factual / Procedural Context: Plaintiffs Lorena Betancourt, Alexander Betancourt, Samantha Lopez, America Rodriguez, Michelle Arvelo, Raymond Anthony Garcia, Jose Ortez and Dylan Hainult (collectively “Plaintiffs”) are tenants of a multi‐family residential building in Riverside (“Property”). The property i...

Excerpt: ...reach of express warranty in violation of Song‐Beverly Act, and (2) breach of implied warranty in violation of Song‐Beverly Act. Plaintiffs allege that, on August 20, 2019, they purchased a 2019 Chevrolet Silverado 1500, manufactured and distributed by Defendant. (Compl. ¶¶ 4, 11, 14.) They allege that the subject vehicle came with defects and nonconformities in transmission, engine and exterior, and that Defendant's authorized repair facil...

Excerpt: ...ion (MND) and related approvals for the Dedeaux Harvill Truck Terminal Project (Project), which is to be built by Real Party in Interest, DP Harvill, LLC2 (Project developer.) (Petition [Pet.] ¶¶ 1, 11‐12.) The Project involves converting 11.5 acres of vacant land in Mead Valley to warehouse logistics (a 53,275 square foot building3 ) and truck terminal distribution uses. (Id. ¶ 2.) The Project site is located between Patterson and Harvill A...

Excerpt: ...mplaint on July 22, 2022 against cross‐defendants Michael Ulloa and Joshua Gonzales. Ulloa and Gonzales (together, “Cross‐Complainants”) thereafter filed a cross‐ complaint for indemnity and contribution against the Reinas on September 22, 2022. * * * The Reinas now move to strike Cross‐Complainants' demand for attorney fees on the ground that the cross‐complaint fails to set forth a contractual or statutory basis to support the dem...

Excerpt: ... the hearing that the documents were selected by counsel for review). EcoMaster is to provide further responses without objections (except as to RFP nos. 4‐5 overbreadth) within 30 days. The Court denies the request for sanctions due to lack of compliance with CCP §2023.040. Factual / Procedural Context: Plaintiff EcoMaster Corporation (“EcoMaster”) alleges it entered into a written contract on 1/9/18, with defendant Moon Lev Investments L...

Excerpt: ...but a TSC is set for today. Defendants move to compel Plaintiff's deposition, to appear at deposition within 14 days and sanctions of $1,587.50. Defendants requested Plaintiff's availability from counsel, but received no response, and served a deposition notice for 9/7/22 and continued to 9/23/22, to which Plaintiff failed to appear. Plaintiff's counsel submitted a declaration indicating that Plaintiff suffered a serious brain injury and right te...