Excerpt: ...g Party: Plaintiffs William S. Nye, James KcKenna, Erren Gottlieb, Ablesoft, Inc., and Cascade Public Media Notice: OK Ruling: Both of Defendants' Motions to Strike and/or Quash Doe Amendments are GRANTED. Plaintiffs are not thereby precluded from seeking leave to amend under CCP §§ 472‐473. Moving party to give notice. BACKGROUND On August 23, 2017, Plaintiff William S. Nye sued Defendants The Walt Disney Company (“TWDC”), Touchstone Tel...

Excerpt: ...otice. ANALYSIS The court may order a case reclassified as a limited civil case upon finding to a “legal certainty” that a judgment over $25,000 cannot be obtained. (CCP §§ 403.040(a), 86(a)(1); Walker v. Superior Court (1991) 53 Cal.3d 257, 269 (reclassification proper when “lack of jurisdiction is clear,” a sufficient verdict is “virtually unattainable,” or such a verdict “simply could not be obtained”); Ytuarte v. Superior Co...

Excerpt: ...r separate cover within 10 days of this ruling. The Court now sets a hearing re: service of the cross- complaint for June 4, 2020 at 8:30 a.m. in Department 20. Moving party to give notice. ANALYSIS Defendant Justin Gimelstob seeks leave to file a cross-complaint under CCP § 428.10(b) and 428.50(c) on the grounds that (1) the proposed cross-complaint states related causes of action arising out of the same “transaction, occurrence, or series of...

Excerpt: ...D. Defendants are ordered to file the proposed Cross‐Complaint under separate cover within 10 days of this ruling. The Court now sets a hearing re: service of the cross‐complaint for June 4, 2020 at 8:30 a.m. in Department 20. Moving party to give notice. ANALYSIS Defendants Edward Lopez and Musclewood Property Investment, LLC seek leave to file a cross- complaint under CCP sec. 426.50 on the grounds that the proposed cross-complaint states r...

Excerpt: ...ent Inducement— Concealment. Defendant's Motion to Strike is GRANTED as to Paragraph 6 of Plaintiff's Prayer for Relief. Plaintiff is granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On April 25, 2017, Plaintiff Juan Avila purchased a 2017 Nissan Sentra. Plaintiff thereafter experienced issues with the vehicle's allegedly defective continuously variable transmission. On November 5,...

Excerpt: ...y to give notice. BACKGROUND On June 8, 2010, FPI Management, Inc. (“FPI”) and Village at Broad Street Family Housing LP (“Village”) entered into a Management Agreement for FPI to provide management services for an apartment complex owned by Village. In 2014, Truck Insurance Exchange (“Truck”) issued an insurance policy to FPI which was effective from July 1, 2014 to July 1, 2015. In 2015, Truck renewed its policy for FPI, now effecti...

Excerpt: ...laint. Moving party to give notice. BACKGROUND From February 2014 to October 2016, Plaintiff Cesar E. Echeverria (“Plaintiff”) was represented by Defendant Scott L. Whitman (“Defendant”) in Fred Shaham, et al. vs. Cesar Echeverria (case no. BC536220, the underlying action), a landlord-tenant dispute pertaining to a commercial medical building owned by Plaintiff. On May 2, 2018, Plaintiff filed a disciplinary complaint with the State Bar o...

Excerpt: ...sts are now reduced from $14,821.56 to $7,751.17. Moving party to give notice. BACKGROUND On August 15, 2017, Plaintiff Kurt Broadhag (“Broadhag”) filed the Complaint against Defendant BMW of North America, LLC (“BMW), and Does 1 to 10 for violations of CCP §§ 1791.1, 1791.2, and 1793.2, as well as a cause of action for fraud. On November 20, 2019, after two years of litigation but before trial, BMW made a CCP § 998 offer of $93,960.00, ...

Excerpt: ...upe Osorio Notice: OK Ruling: Defendant Jaguar Land Rover NA's Motion to Compel Arbitration is GRANTED. All matters in this case are now stayed pending arbitration. Moving party to give notice. BACKGROUND On September 27, 2019, Plaintiffs Norma Aguinaga and Maria Guadalupe Osorio (“Plaintiffs”) filed their Complaint against Defendants Jaguar Land Rover North America, LLC (“Jaguar”) and Penske Jaguar Land Rover Cerritos (“Penske”), as ...