Excerpt: ...TICE. The Complaint alleges that on August 24, 2022, “Plaintiff was driving on the Interstate 15 highway in San Bernardino County driving from San Bernardino where the Plaintiff resides to Victorville, also in San Bernardin County, when Plaintiff was struck several times from behind by Defendant DOE Driver 1.” (Complaint, ¶15.) “Defendant DOE Driver 1 was speeding in violation of California Vehicle Code $ 22350, was texting and driving in ...

Excerpt: ...vehicle. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On December 28, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitra...

Excerpt: ...laintiff”) on January 9, 2023. Plaintiff is seeking to recover payment “[f]or credit extended by Plaintiff to Defendant for purchases and/or cash advances by defendant and/or persons acting with Defendant's permission on the American Express credit card account XXXX-XXXXXX-X6006. Plaintiff has performed all conditions precedent to brining this action or Defendant has waived them.” (Complaint, CC-1(b)(6).) Plaintiff's Form Complaint asserts ...

Excerpt: ...pplemental Opposition, and continued the subject matters to allow Defendant/Moving Party the opportunity to file a Supplemental Reply. Consequently, the Court has reviewed and considered the Supplemental Reply filed on August 23, 2023. This wrongful death/elder abuse action was filed by Plaintiffs EDWANDA PRUITT, individually and as heir and successor in interest to ETHEL JOHNSON, deceased; and DARYL PRUITT, individually and as heir and successor...

Excerpt: ... on March 9, 2023. Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed a defect known as the “Honda Sensing Defect” affecting Plaintiff's 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 11-64.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – ...

Excerpt: ...efendants”). Plaintiff alleges that “[b]eginning in September of 2019, while Plaintiff was employed by ERUSD as its Assistant Superintendent of Business Services, he sent multiple emails… in which he disclosed his reasonable belief that ERUSD was engaging in acts that were in violation of California laws.” (Complaint ¶12.) “After Plaintiff disclosed the violation of the law, and prospective violations of law… ERUSD… began to engage...

Excerpt: ...paid premiums on Defendant's workers' compensation insurance contract with SCIF. SCIF assigned its right to collect the unpaid premiums to Plaintiff Creditors Adjustment Bureau, Inc. (Plaintiff). Plaintiff alleges that Defendant failed to pay premiums to SCIF for three policies dating from May 10, 2019 to October 15, 2021. Defendant alleges it was in contact with SCIF's Audit Department regarding the dispute as to the unpaid premiums and was nego...

Excerpt: ...ants Alejandro Hernandez and Lakeland Financial (collectively Defendants). The lawsuit concerns a $75,000.00 oral loan agreement that Defendants would repay Plaintiff. Default judgment was entered on November 9, 2010. A notice of pendency of action was filed on November 15, 2011 concerning the real property recorded as Lot 301, Tract No. 21870 as per Map 593. Page 28-41 of Los Angeles County, CA, despite no mention of the property in the Complain...

Excerpt: ...y fail to state facts sufficient to constitute a cause of action. This action for quiet title was filed by Plaintiff/Cross-Defendant Maria Sandoval on May 26, 2022. On September 9, 2022, Defendant/Cross-Complainant Gloria Sandoval filed a Cross-Complaint, which was demurred to and sustained with leave to amend. The First Amended Cross-Complaint (“FAXC”) alleges: “Cross-Complainant is the daughter-in-law of Cross-Defendant. Cross- Complainan...

Excerpt: ...ach of oral agreement action. Plaintiff Schubert Investments Inc. alleges that in December 2021, Defendant Tay approached Plaintiff regarding an investment opportunity to become partial owner of Bellator. “PLAINTIFF and TAY agreed to the following terms (the “Oral Agreement”): a. SCHUBERT would receive a 10% ownership interest in BELLATOR in exchange for a direct investment of $100,000.00. b. PLAINTIFF would receive 10% of the profits from ...

Excerpt: ...fficient to constitute a cause of action and are time-barred. Plaintiff Jane Hodges, as trustee on behalf of the Ollison Family Trust, and as special administrator on behalf of the Estate of Rose Mary Ollison, filed the instant Complaint against Defendants Zev Brooks and The Law Offices of Zev Brooks for: 1) Legal Malpractice; and 2) Breach of Fiduciary Duty. The Complaint alleges that Plaintiff's mother, Rose Mary Ollison, designated Plaintiff a...

Excerpt: ...ICE. Defendant City of Downey (“City”) demurs to the 1 st – 5 th, 9 th and 11 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative Second Amended Complaint (“SAC”) alleges that in 2020, Plaintiff's neighbor Joseph Nayebei aka Joseph Nayebi, trespassed onto Plaintiff's property, installed cameras and peered into Plaintiff's bedrooms and bathrooms, and refused Plaintiff'...

Excerpt: ...tiff is ordered to file and serve its TAC by August 29, 2023. III. Cross-Complainant's motion for leave to file a first amended cross- complaint is GRANTED. Cross-Complainant is ordered to file and serve its first amended cross-complaint by August 29, 2023. Moving Party to give NOTICE. SAC Plaintiff Los Angeles Unified School District (“LAUSD”) alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm wa...

Excerpt: ...as move to compel the PMQ deposition of Defendant General Motors pursuant to CCP § 2025.450. Complaint On or about December 31, 2020, Plaintiffs Teresa Sanchez-Visperas and Danilo Visperas purchased a 2020 Chevrolet Silverado bearing the vehicle identification number (“VIN”) 3GCPWCED8LG434631. (Complaint, ¶ 4) Plaintiffs alleges that the vehicle suffered from nonconformities to warranty including, but not limited to, the air conditioning (�...

Excerpt: ...and JOAQUIN BARRAJAS allege that ‘[o]n January 26, 2021, Plaintiffs entered into a warranty contract with AMERICAN HONDA regarding a 2018 Honda Civic…. (Complaint, ¶ 14.) The vehicle suffers from electrical and transmission (Id., ¶ 29), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 18). Based thereon, the Complaint asserts causes of action for: 1. Breach of Express Warranty – CC 1791.2...

Excerpt: ...COSIO (“Plaintiff”) on June 23, 2022. Plaintiff was employed by Defendant PIH HEALTH WHITTIER HOSPITAL (“Defendant” or “PIH”) as a nurse. (Complaint ¶7.) On or around September of 2021, PIH established a COVID-19 policy requiring all employees to be vaccinated against COVID-19 (the ‘Vaccine Mandate'). (Complaint ¶20.) “Plaintiff is a lifelong Christian who believes that her body is a vessel for the Holy Spirit of God, and that t...

Excerpt: ...s the action at law, the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits….” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) �...

Excerpt: ...erest, Dynamic Joe Construction, Inc. (“Dynamic Joe”) filed an administrative appeal with the Administrative Hearing Bureau of the California Department of Insurance (“CDI”). The two issues on appeal were: (1) whether State Fund erred in categorizing certain Dynamic Joe Workers as employees rather than independent contractors; and (2) if Dynamic Joe's workers were determined to be employees, whether State Fund miscalculated their renumera...

Excerpt: ..., Plaintiff filed the instant action against Defendants for damages, restitution, and statutory penalties for individual labor code violations purportedly committed by Defendants. Importantly, Plaintiff is not seeking civil penalties under PAGA in her present complaint. Pursuant to judicially noticeable documents, the Court is made aware that there are currently seven pending PAGA actions filed against Defendant SMCL Holdings, Inc. Defendant Safa...

Excerpt: ...(Plaintiff) subpoena for production of business records pursuant to CCP § 1987.1(a). Background Plaintiff's Complaint alleges that on April 23, 2020, Plaintiff was admitted to College Medical Center following a WIC § 5150 hold. Plaintiff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly pun...

Excerpt: ...give NOTICE. Defendant/Cross-Complainant Heather Davis (Davis) moves for orders compelling deposition attendance pursuant to CCP § 2025.450, responses to her Requests for Production pursuant to CCP § 2031.300, and requests monetary sanctions pursuant to CCP §§ 2025.450(g) and 2031.300. Background This case arises out of a contract dispute between Plaintiff Socal Lien Solutions, LLC (Socal) and Defendants/Cross-Defendants JOS Little B Trust an...

Excerpt: .... Regardless, the court's ruling is not affected by the Reply. This is a dispute between two adjoining neighbors. Plaintiff Roy alleges that Defendant Brown has trespassed over Plaintiff's property and altered and/or meddled with Plaintiff's garden/vegetation and obstructed Plaintiff's security cameras. Based thereon, the operative First Amended Complaint asserts causes of action for: 1. Private Nuisance 2. Trespass 3. Negligence Cross-Complainan...

Excerpt: ... Plaintiff Hugo Barrera's Complaint alleges that ‘[o]n January 22, 2021, Plaintiffs entered into a warranty contract with GENERAL MOTORS regarding a 2021 Chevrolet Silverado 1500, VIN: 1GCPYCEF6MZ200372. (Complaint, ¶ 13.) The vehicle suffers from engine and electrical defects (Id., ¶ 14), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 17). Based thereon, the Complaint asserts causes of act...

Excerpt: ...“transmission malfunctions, acceleration concerns, steering issues, gas pedal defects, and transmission assembly replacement, among other concerns.” (Id., ¶ 11.) Based thereon, the Complaint asserts causes of action for: 1. Breach of Implied Warranty of Merchantability 2. Breach of Express Warranty 3. Breach of Written Warranty 4. Breach of Implied Warranty Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court ...

Excerpt: ...) facilities. The case is stayed pending the resolution of Defendant's Motion to Compel Arbitration. Reply Plaintiff's late filed Reply shall be considered by this Court. Legal Standard “Although there apparently are no reported cases expressly on point, the Civil Discovery Act applies to ‘every civil action and special proceeding of a civil nature.' ” (Bouton v. USAA Casualty Ins. Co. (2008) 167 Cal.App.4th 412, 427.) “Because a Code of ...