Excerpt: ...y, which covered the gasoline direct injection engine that was manufactured by Defendants Kia Motor Corporation and Hyundai Motor Company. The engine contained defects including oil flow restriction causing stalling, engine failure, replacements, etc. Plaintiffs contend that Defendants advertised the engine's performance and design. Plaintiffs further assert Defendants were aware the defect, concealed it and still sold Page 2 of 8 vehicles with i...

Excerpt: ...ory Note and DOT securing the property. He subsequently experienced financial difficulties and defaulted. A NOD was recorded on August 15, 2017, followed by a June 11, 2018, NOTS. Five business days before the scheduled foreclosure, Plaintiff submitted a February 20, 2019 request for loan Page 2 of 4 modification. On February 25, 2019, ROUNDPOINT's agent Kristen confirmed receipt of the request and said it would take 24 hours to clear their syste...

Excerpt: ...e purchased a new 2017 Chrysler on July 28, 2017, that has material defects and malfunctions with the transmission shifter, vehicle emissions, audio interface and vehicle dashboard screen. Plaintiff further alleges that Defendant FCA US LLC (“Defendant”) failed to correct those defects despite at least five (5) repair attempts. On August 10, 2018, Plaintiff filed the Complaint for breach of implied and express warranties under the Song‐Beve...

Excerpt: ...oug and Lynn Redman (“Owners”). Plaintiff alleges that while carrying a bucket of hot tar down a flight of stairs, he tripped on paper covering the stairs that was not property secured. The bucket of tar fell on Plaintiff causing severe burns to body and face. Neither Plaintiff nor Safari were licensed contractors. Page 2 of 5 Plaintiff filed his Complaint on November 14, 2017, and the operative First Amended Complaint (FAC) on March 2, 2018....

Excerpt: ...retion is shown unless by permitting the amendment new and substantially different issues are introduced in the case or the rights of the adverse party prejudiced.” (McNamara v. Steckman (1927) 202 Cal. 569, 572.) But if the new theory is one “upon which the adverse party had no opportunity to defend,” (Lavely v. Nonemaker (1931) 212 Cal. 380, 385) leave to amend should be denied. Although Plaintiff certainly opined that Omar was a “trust...

Excerpt: ... sides' request for sanctions. SUMMARY OF MATTER Plaintiffs, Javier Miranda Gaytan and Guadalupe E. Rodriguez (plaintiffs) allege they purchased a new 2016 Chevrolet Silverado (vehicle) with a warranty issued by defendant General Motors LLC (defendant or General Motors). Plaintiffs allege the vehicle did not conform to the warranty and developed other serious defects and nonconformities to the warranty, including to the transmission, engine and s...

Excerpt: ...iff Corey Shrewsbury (“Shrewsbury”) injured his hand while working on a job site that was part of the 91 Freeway expansion project. His employer Atkinson/Walsh, Atkinson Contractors and/or Walsh Construction Company (collectively “Atkinson/Walsh”) was the design‐builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commis...

Excerpt: ...was secured by Deed of Trust against an undeveloped property in Homeland, California (“Homeland Property”); the second note was executed on June 19, 2007, for $300,000.00 was secured by Deed of Trust against a property in Hesperia, California (“Hesperia Property”); and the third loan for $200,000.00 was made on April 26, 2008. Plaintiffs allege that Defendants stopped making monthly payments beginning in 2010, but made one final lump sum ...

Excerpt: ...he discovery requested. Page 2 of 3 The Court denies the request for sanctions as there exists substantial justification to not award to either party. SUMMARY OF MATTER: Plaintiff George A. Tasch (“Plaintiff”) purchased a vehicle manufactured by Ford Motor Company (“Ford”) and sold by Warren‐Anderson Ford. The vehicle was allegedly delivered with defects and nonconformities to applicable warranties. Plaintiff delivered the vehicle to au...

Excerpt: ...her availability for deposition prior to the continued hearing date. The hearing was continued to 4/26 and then advanced to 4/22. On 4/15, Plaintiff filed the Declaration of attorney Stephen J. Estey. Estey provides no information as to Plaintiff's current status: he merely attaches a 4/15 one paragraph letter from Tiffany Taft, Plaintiff's treating LMFT (Marriage and Family Therapist), following a 4/15 session with Plaintiff. Taft states that Pl...

Excerpt: ...th six causes of action: (1) professional negligence/legal malpractice; (2) breach of contract; (3) breach of fiduciary duty; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) abuse of process and malicious prosecution. Following a meet and confer between the parties, Plaintiff filed the second amended complaint (“SAC”) on November 27, 2018. The SAC sets forth eight causes of action: (1)...

Excerpt: ...nt”) with Request for Production of Documents, Set One (“RFPs”). Defendant served response on December 6, 2018. Unsatisfied with some of the responses, Plaintiff met and conferred with Defendant. Defendant agreed to provide supplemental responses, but failed to do so. Plaintiff now moves to compel further responses to the RFPs. Plaintiff concedes that supplemental responses, the verification and documents were provided after the motion was ...

Excerpt: ...an elder who was in the care and custody of Defendant Palm Terrace Care Center. Decedent had spinal surgery and was residing at Defendant's facility for care. Defendant's staff left decedent in the bed for hours and did not move him every 2 hours as medically required. In addition, they did not care for his personal hygiene as they left him in his urine and feces. As a result, he developed two stage IV bedsores. Plaintiff filed this action on 8/2...

Excerpt: ...sco Lepe (“Plaintiff”) alleges that he entered into a lease agreement with option to purchase real property located in Mira Loma (“subject property”) on 6/7/14 with defendants Gloria Garcia and Joaquin Garcia notarized by Defendant Alejandra Castillo. Plaintiff alleges defendants Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Javier Garcia, recorded on 11/14/1...

Excerpt: ...ntext Plaintiff filed her complaint on August 14, 2017, and her first amended complaint (“FAC”) on January 12, 2018, against defendants Clear Recon Corp (“Clear Recon”), Rushmore Loan Management Services, LLC (“Rushmore”), Wilmington Savings Fund Society FSB DBA Christiana Trust as Trustee for Carlsbad Funding Mortgage Trust (“Wilmington”), Mortgage Electronic Registration Systems, Inc. (“MERS”) and Morequity, Inc. (“Morequi...

Excerpt: ...ntiff”), brings this lawsuit against the State of California, Department of Transportation (“State”) for the death of Plaintiff's mother, Jessica Campos (“Decedent”). Decedent was allegedly a passenger in a vehicle traveling eastbound on California State Route 60 near the City of Jurupa Valley, when the driver of her vehicle lost control of the vehicle and struck the center divider. Plaintiff does not blame State for the initial acciden...

Excerpt: ... check on 4/6/17 for $20,000. In March of 2018, Plaintiff alleges he was informed, for the first time, that Defendants did not open the account for Plaintiff as promised. He alleges they put the money into their own accounts, and told Plaintiff the money was lost in the investments. Plaintiff also alleges that he learned Defendants did not have the legal capacity to make investments. Plaintiff sought an accounting but, Defendants refused. Plainti...

Excerpt: ...oducts liability action. Plaintiff, Lanette Boyce (Plaintiff), alleges she was a bus driver for Jurupa Unified School District when she was injured on 3/8/17, by a rubber hose (subject hose) which exploded and caused hot liquid to come through the dash of the bus she was driving, resulting in her injuries. Plaintiff alleges that defendants Thomas Built Buses, Inc. (Thomas Buses), Daimler Trucks North America, LLC (Daimler Trucks), A‐Z Bus Sales...

Excerpt: ...ements, surveillance footage, body camera footage, other audio and visual recordings stemming from the January 12, 2018 incident as detailed in Petitioner's brief. The Court finds that Petitioners are entitled to attorney's fees and costs as the prevailing party subject to a proper Motion. Factual / Procedural Context On 1/12/18, decedent Roderick Williams was detained outside Kohl's Department Store at which time a physical altercation ensued. O...

Excerpt: ...Human Society (“IVHS”) took inadequate actions to protect the public from the dog. Plaintiff contends that IVHS is the City of Chino Hill's (“City”) agent. The operative pleading is the second amended complaint (“SAC”), which from the Court's review is somewhat unclear; indeed, it is unclear how many causes of action are asserted. A judicial counsel complaint is used, which contain forms for a first cause of action for negligence and ...

Excerpt: ...hicle they purchased—a used 2008 Mercedes Benz C300 (subject vehicle)—was misrepresented. (See Kelley v. Adams Service Center, et al., RIC 1402555(Kelley I.) In that action the Kelleys asserted causes of action for fraud and violation of the Consumers' Legal Remedies Act, alleging defendant Adams Service Center, Inc. dba J&M Auto Sales #2 (J&M Auto) failed to disclose the Mercedes had frame damage. The trial court granted J&M Auto's summary j...

Excerpt: ...l, and business problems, which caused him to default on his loan. He contends that on February 28, 2019, five days before a scheduled foreclosure on his home, he requested a loan modification and submitted a complete loan modification application. He asserts that he was allegedly informed by one of defendant PennyMac Loan Services, LLC's (“PennyMac”) employees that PennyMac would not review his loan because there had been a late trial paymen...

Excerpt: ...a substandard, unsafe condition. In September 2016, the City began receiving complaints from neighbors about dangerous conditions on the property. The City conducted an inspection and requested that Respondent remove or remediate all substandard conditions. After several additional inspections and notices, the City determined no corrective action had been taken, and therefore filed a Petition for the Appointment of a Receiver, Injunctive and Othe...

Excerpt: ...ion on 2/14/19. Background This case was brought by heirs of Phyllis Martin, who died at the age of 64 years old while an inpatient at MENIFEE VALLEY MEDICAL CENTER. Phyllis was experiencing extreme bleeding when she was arrived by ambulance at MENIFEE early the morning of 7/27/16. Defendant DIMPLE AGARWAL, MD was the internist/hospitalist on duty that day from 0700 to 1900. Phyllis was examined in the ER by Max Mener, MD and diagnosed with an ac...

Excerpt: ... much as Plaintiff has sought. The Court sanctions Defendant $3,000.00, for all four motions, as detailed below. Although there are four motions, because the Court has found that the issues are moot, the Court will give one tentative ruling as it equally applies to each motion. SUMMARY Plaintiff, Complete Coach Works (Plaintiff or Complete), alleges it purchased defective battery chargers and accessories (“equipment”) from defendant Advanced ...