Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...

Excerpt: ...ated in Blue Ridge Insurance Company v. Brigitte Jacobsen (2001) 25 Cal.4th 489 in order for an insurer to seek reimbursement for noncovered claims Included in a reasonable settlement payment. The third prerequisite requires that an insurance company inform an insured that if the insured does not believe a proposed settlement to be reasonable, then the insured may assume their own defense. Plaintiff does not address this prerequisite in its initi...

Excerpt: ...s-defendants Alben Arana and Ausencio Rene Luna ("Cross-Defendants") to Form Interrogatories ('TROG")_ Additionally, Cross-Complainant requests sanctions in the amount of On March 22: 2023: Cross-Defendants filed an oprxisition_ On March 28: 2023: Cross-Complainant filed a reply. Motion to Compel On September 13, 2022, Cross-Complainant served the FROG on Cross- Defendants. (Kohrs DecL 2, Exh_ 1_) On October 28: 2022: Cross-Complainant inquired a...

Excerpt: ...nt is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Demurrers for uncertainty are disfavored and should only be granted when a defendant cannot reasonably respond. (See Id.) Here, Plaintiff's allegations are reasonably intelligible, thus CCP 430.10(f) ambiguity is not a sufficient ground to sustain Defendant's Demurrer. Fa...

Excerpt: ... Defendant's Anti-SLAPP Motion, striking the FAC in its entirety. On January 26, 2022, the Court entered a Judgment of dismissal pursuant same, also granting Defendant reasonable Costs to be determined by the present procedure. At that same hearing, Defendant's motion for attorney's fees based on alleged “bad faith” discovery by Plaintiff was denied. Plaintiff brings a Motion to Strike and/or Tax Costs (“Motion”), arguing that that many e...

Excerpt: ..., Certified Public Accountant and Insurance Agency, Inc. filed the operative Complaint for (1) negligence and (2) breach of the implied covenant of good faith and fair dealing. Plaintiff alleges that Defendants negligently maintained, upgraded, monitored, and backed up Plaintiff's office computer network such that hackers stole and deleted client data. On October 13, 2021, Defendant IT Solutions, Inc. (“Defendant”) filed two motions to compel...

Excerpt: ...5.00. Defendants make this motion pursuant to Code of Civil Procedure section 128.7 on the grounds that the Complaint is without factual or legal merit, is factually false, and was filed primarily for an improper purpose to harass Defendants. LEGAL STANDARD CCP section 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: 1) the doc...

Excerpt: ...ent Group, LLC (“YIG”), World Financial Center LP (“WFC”), Hongpeng Wang (“Wang”) asserting causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) quantum meruit, (4) breach of fiduciary duty, and (5) false promise. The Complaint alleges in relevant part that Plaintiff met with Wang, who indicated that SEC was seeking investors to enable it to operate a new commercial office. Pl...

Excerpt: ...ong-Beverly Warranty Act: (1) breach of implied warranty of merchantability and (2) breach of express warranty. The Complaint alleges the following. Before August 25, 2020, Defendants manufactured and/or distributed into the stream of commerce a new 2020 Hyundai Kona, VIN: KM8K22AA3LU561338 (the “Vehicle”), for its eventual sale/lease in the State of California. (Compl., ¶ 6.) On or about August 25, 2020, Plaintiff leased the Vehicle from de...

Excerpt: .... Thompson, individually and as Trustee of the Thompson Family Trust dated October 13, 1993 filed a complaint against Defendants Chester Andrew Thompson, III, individually and as Trustee of the Thompson Family Trust dated 9/30/2019; Soojung Kim Thompson, individually and as Trustee of the Thompson Family Trust dated 9/30/2019; Sierra Pacific Mortgage Company, Inc.; Greenhead Investments, Inc.; Mortgage Electronic Registration System, Inc.; All pe...

Excerpt: ...hich resulted in the Plaintiff's alleged wrongful termination. Based on the recently collected evidence, the Plaintiff was not aware of the fact that she was only one of two female working at the time of her termination and seeks to include an allegation to her FEHA claim of wrongful termination on the basis of her sex/gender. Legal Standard California Rules of Court 3.1324 establishes the requirements with which a motion seeking leave to amend m...

Excerpt: ...mary allegations are as follows. Plaintiff hired Defendants “to operate, manage, administer, and maintain a commercial audio/visual system owned by Clifton's which comprised of approximately One Hundred and Fourteen (114) speakers, Nineteen (19) amplifiers, speaker line cables, equalizers and related equipment, as well as lighting and display equipment (together the ‘Systems') in connection with operations, performances, and parties hosted at...

Excerpt: ...lternatively, summary adjudication of all causes of action. a. Certificate of Qualification Defendants argue that Plaintiff is not qualified to do business in California such that the action should be dismissed. Corp. Code § 2105(a) provides in relevant part that “[a] foreign corporation shall not transact intrastate business without having first obtained from the Secretary of State a certificate of qualification.” “A foreign corporation s...

Excerpt: ...secution, and (4) abuse of process. The allegations of the FAC are as follows. Defendants intentionally pursued a meritless lawsuit (“underlying action”) against Plaintiff relating to the collection of a debt associated with a credit card. Defendants intentionally filed a false proof of service of summons which indicated substituted service on a person not associated with Plaintiff at Plaintiff's former place of business from years ago. Defen...

Excerpt: ...yer, Aramark Uniform &. Carcer Apparel Group, Inc. Plaintiff argues the subpoena is overbroad in light of his privacy interests. The subject subpoena seeks: 1. All DOCUMENTS setting forth the material terms and conditions of ALBERTO PEREZ's employment with YOU, including but not limited to, offer letters, employment agreements, incentive compensation agreements, commission agreements, bonus plans, personnel action forms, notices, and memoranda. 2...

Excerpt: ...nt against Defendants Turo, Inc. (“Turo”), Arsen Beremesh, Vitaly Berezhnoy, and Denis K. Kostritsa. The undisputed facts are as follows. Plaintiff was riding a motorcycle when he was hit by a car driven by Defendant Berezhnoy. Defendant Beremesh was the registered owner of the vehicle. Beremesh rented the vehicle to Defendant Kostritsa through Defendant Turo, which is an online/application‐based car sharing platform. When picking up the ve...

Excerpt: ...ember 15, 2021, Plaintiff Edward Lopez filed the operative First Amended Complaint (“FAC”) for (1)‐(5) violations of the Song‐Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1791.1 and 1794, and (6) fraud by omission. I. Demurrer Defendant General Motors, LLC demurs to the sixth cause of action for uncertainty and failure to state sufficient facts. (a) Economic Loss Rules While the Court apprecia...

Excerpt: ... when Defendant Doug Alcorn stated he would poker her eyes out. Defendant Providence St. John's Health Center seeks to compel Plaintiff Shelby French to provide further responses to its requests for production, set three, nos. 64‐75. These requests principally seek Plaintiff's social media posts after her alleged emotional injuries arose. Plaintiff argues that the Motion should be denied because she received one day less notice than required by...

Excerpt: ...t is otherwise denied. This is a lemon law action. On January 19, 2018, Plaintiffs Armando De La Paz and Melissa Gomez filed the operative Complaint for (1) violation of Civ. Code § 1793.2(d), (2) breach of implied warranty, and (3) violation of Civ. Code § 1793.2(b). Defendant Jaguar Land Rover North America, LLC seeks summary judgment or, alternatively, summary adjudication of all causes of action. Defendant argues as follows: • Plaintiffs'...

Excerpt: ...for quiet title relating to property located at 1303 S. Western Ave., Los Angeles, California. Plaintiff contends that she has always had a community property interest in the subject property and that Defendant has no interest in the property. Plaintiff alleges that she and her former husband acquired the subject property as community property during their marriage and that title was placed in the name of Defendant for unknown reasons. Plaintiff ...

Excerpt: ... action. Plaintiff opposes the Motion, contending the subject arbitration agreement is illusory, unfair, and unconscionable. Plaintiff first argues that the subject agreement is illusory because it gives Defendant the unilateral right to revoke the agreement and proceed with litigation. The agreement provides that it “can only be revoked by a writing signed by the Company's Chief Executive Officer (or, if none, its highest-ranking official), sp...

Excerpt: ...eks leave to file a First Amended Cross-Complaint or, alternatively, a supplemental Cross-Complaint adding two new causes of action for wrongful foreclosure and violation of the Rosenthal Act, as well as a new defendant, PLM Loan Management Services, Inc. The Court may, in the furtherance of justice, and upon any terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc. §§ 473, 576.) In general, California courts liberally e...

Excerpt: ...t Amended Complaint (“FAC”) against Defendants Trinity Financial Services, LLC and Barret Daffin Frappier Tredder & Weiss, LLP for (1) promissory estoppel, (2) violations of the UCL, (3) wrongful foreclosure, (4) negligent misrepresentation, (5) violation of Civil Code § 2924.17, (6) violation of the Truth in Lending Act, (7) violation of the Federal and Rosenthal Fair Debt Collections Practices Act, and (8) slander of title. Defendant Trini...

Excerpt: ...claims asserted by Hannaford and Margolin. The Court grants twenty days leave to amend. The Motion for Summary Adjudication is granted as to the fourth and fifth causes of action to the extent asserted by the minor Plaintiffs, but is otherwise denied. Leave to amend is denied. On October 30, 2019, Plaintiffs Susan Hannaford, Marquessa Margolin, Bella M.H., a minor, and Emmanuel M.H., Jr., a minor, filed the First Amended Complaint (“FAC”) for...

Excerpt: ...ayed. The Demurrer is placed off calendar. On October 28, 2019, Defendants/Cross‐Complainants Oganes J. Akhoian and Tamar K. Akhoian, individually and as trustees for The Akhoian Family Trust (“Trust”), filed the operative First Amended Cross‐Complaint (“FACC”) for (1) negligence, (2) breach of written contract, (3) breach of fiduciary duty, (4) breach of implied covenant of good faith and fair dealing, (5) negligence, (6) breach of w...