Excerpt: ...ties. Plaintiff further alleges that Defendant warranted the Subject Vehicle and agreed to preserve or maintam the utility or performance of Plaintiffs vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff presents that the Subject Vehicle was delivered to him with serious defects and nonconformities to the warranty and developed other serious defects and nonconformities to warranty including, but not...

Excerpt: ...r Martinez ("Martinez"), individually; Hoge Family Bypass Trust ("Hoge Family Trust"); Kerri Hoge Anderson ("Anderson"); Damel Hoge Brandon Hoge ("Brandon"); Mano Rivera Esparza ("Mario") [3]; Stephanie Rivera Esparza ("Stephanie"); and Michael Esparza ("Michael") related to the maintenance of a senior mobile home community. On October 28, 2022, Plaintiffs filed their Complaint allegmg five causes of action for: RICO (2) Intentional Infliction of...

Excerpt: ...-bumper warranty, powertrain warranty, and emission warranty. Plaintiffpresents that the Subject Vehicle contained defects and nonconformities which mamfested themselves within the applicable express warranty period including but notlimited to, transmission defects, engine defects, and electrical system defects; that FMC failed to conform the Subject Vehicle to the terms of the express warranö,• after a reasonable number of repair attempts; an...

Excerpt: ...intiff alleges Vincent, prior to working at Paramount, worked at Glacial Garden, which was owned by White. Plaintiff alleges Glacial Garden fired Vincent when a staff member caught him in a dark locked room with a minor skater, a small boy, hiding under a bench with Vincent sitting over him. The staff member had witnessed other boundary violating behaviors by Vincent. After Glacial Garden fired Vincent, he applied with Paramount; Paramount vetted...

Excerpt: ...charges. Plaintiff filed its complaint on 8/24/22. Defendants filed a demurrer, which was overruled, and ultimately filed an answer on 3/20/23. 2. Application for Right to Attach Order a. Relief Sought Plaintiff seeks an attachment order in its favor and against Defendant, Blue Flash in the amount of $85,631.75, which amount includes $2000 in estimated costs and $20,000 in estimated attorneys' fees (the box for attorneys' fees is not checked at �...

Excerpt: ...irected to the original complaint on 9/08/22. The Court found the parties' meet and confer efforts deficient, and continued the hearing to 10/20/22. The Court ordered the parties, if they were unable to resolve their issues, to file briefs and declarations at least two weeks prior to the continued hearing date. Two weeks prior to the continued hearing date fell on 10/06/22. Prior to the continued hearing, neither party filed an additional brief. ...

Excerpt: ...ndants about parking and use of a garage on the property, and (c) Heacock assaulted her in connection with one of these disputes. On 11/02/21, the Court heard Defendants' demurrers and motions to strike directed at the FAC. The Court sustained and granted the pleading challenges in part, and ordered Plaintiff to file an SAC. Plaintiff filed her SAC on 11/19/21. On 6/23/22, the Court heard Defendants' demurrers and motions to strike directed at th...

Excerpt: ...0/12/22. 2. Application for Right to Attach Order a. Relief Sought Plaintiff seeks an attachment order in its favor and against Defendant, Milestone in the amount of $59,730, which amount includes $2500 in estimated costs and $7500 in estimated attorneys' fees (the box for attorneys' fees is not checked at ¶8 of the application, but the amount appears there). Plaintiff seeks to attach “any property of a defendant who is not a natural person.�...

Excerpt: ...perties, referred to in the complaint as Maple 1 and Maple 2. Plaintiff and the Taylor/Hawwlack defendants have been engaged in litigation since 2011. At 1107 of the complaint Plamtiff clarifies that the Court granted Taylor and HawtylacWs request to appoint a receiver to sell both of the subject properties; the order was entered on 5/31/18. 2. a. Motion to Dismiss Relief Sought c. Defendant, Trang Do moves to dismiss the complaint against herpur...

Excerpt: ...d different payment periods and payment rates, but were substantially similar, and contained attorneys' fees and costs provisions. Plaintiff alleges Defendants breached both contracts. Plaintiff alleges Defendants breached Contract One and owe S8248 plus late fees, costs, and attorneys' fees. Plaintiff alleges Defendants breached ContractTwoand owe $86,610 plus late fees, costs, and attorneys' fees. On 2/09/22, Plaintiff filed a Notice ofSettleme...

Excerpt: ...als: Inc.: ("Butler"). (SAC, 23). Plaintiff filed their initial Complaint on February 20, 2018. The operative complaint here is the SAC, filed on January 12, 2023. The SAC has nine causes of action: 1. 2. 3. 4. 5. 6. 7. 8. 9. Breach of Written Contract; Breach of Fiduciary Duties and Obligations; Interference with Contractual Relations; Interference with Prospective Economic Advantage; Fraud and Deceit; Conversion; Misappropriation of Trade Secre...

Excerpt: ...lleges she, as a real estate agent, has suffered damages to her personal and professional reputation as a result of the wrongful accusations. Plaintiffs operative complaint is her First Amended Complaint which she filed on 6/13/22. There are Ävo cross-complaints in this action. The cross-complaint at issue today was filed by Portley, and is against Hitchens, Robinson, McCoy, and Windward Village Homeowners Association. The crux of the cross-comp...

Excerpt: .../Breach of the Covenant of Good Faith and Fair Dealing in Contract; and 3. Promissory Fraud/ Deceit Plamtiffs allege that Defendant Ace improperly denied Chai Five insurance coverage although it was entitled to such coverage under a Businessowners Insurance Policy issued by ACE. Plaintiffs allege that on or about December 12, 2020, an electrical service utility pole and supportmg conduit at Chai Five's premises, and that SoCalEdison ("Edison") sh...

Excerpt: ...r 3, 2023. Thus, the Court will not consider costs-related issues for this hearing and will do so on October 3, 2023. 3. Motion for A ttorney's Fees a. Legal Standard The Song-Beverly Act provides, "[i]f the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgmenta sum equal to the aggregate amount of costs and expenses, including attorneys fees based on actual time expended, deter...

Excerpt: ...r. The parties met and conferred and agreed that the deposition would go forward on 2/08/23. Defendants noticed the deposition for 2/08/23, but Plaintiff again failed to appear. Defendants move to compel Plaintiff to appear at a video deposition. The motion to compel is granted. CCP 52025.450(a). Defendants seek an order requirmg Plaintiff to appear for deposition within ten days; the Court finds this timeline to be too tight to meamngfully meet ...

Excerpt: ...rt granted Claimants unopposed motion, ordered responses without objections, and Imposed sanctions. 3. Motion to Compel Further Responses a. Parties' Posi tions Claimant moves to compel Respondent to serve supplemental responses to form interrogatories, contending Respondents responses remain unverified and also substantively insufficient Respondent opposes the motion, contending the parties considered participating in an IDC, and upon finding ou...

Excerpt: ...alendar until the penultimate moment. Notably, Plaintiff's proof of service of the moving papers on Defendant shows service on 3/21/23; however, Defendant filed timely opposition to the motion and Plaintiff filed timely reply papers, so the Court understands Defendant must have had timely notice of the motion; Defendant does not contend otherwise in its reply. The Court will rule on the motion despite the filing defect, but asks Plaintiff's attor...

Excerpt: ...rations Code 517709.02(a), and (b) Cross- Complainants cannot, under Revenue and Taxation Code 523301, assert the derivative claims on behalf ofa suspended LLC. c Corporations Code 517709.02 (a) Cross-Defendants, in their moving papers, seek to have the derivative claims dismissed on the ground that Cross-Complainants did not, and indeed cannot, allege they made a demand on the majority of the members or the manager of the LLC and the LLC, throug...

Excerpt: ... misconduct, elder abuse and neglect, violation of the patients' bill of rights, and wrongful death. The case was originally assigned to the personal injury hub court where the motion to compel arbitration and companion motion to stay action were fully briefed. The case was then transferred to the Long Beach Courthouse as complicated, and the matter is currently ripe for determination. 2. Motion to Compel Arbitration a. Issues Presented Defendant...

Excerpt: ...4 Private Nuisance; Public Nuisance. 1. Demurrer a. Initial Note This case was originally assigned to the personal injury hub court. Defendants demurred and filed a motion to strike, and the matter was fully briefed; the hub court found the matter complicated and transferred it to this IC department for all further proceedings. The Court has reviewed the moving, opposition, and reply papers, all ofwhich were filed prior to the transfer. b. Meet a...

Excerpt: ...Amended Complaint ("SAC"). Plamtiff alleges that her daughter, Marlee Sage Butler ("Marlee") was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after ävo tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action for wrongful death (professional neg...

Excerpt: ...8, was that Young and Hill were each 50% owmers of Advanced Orthopedic Medical Group, Inc„ which subsequently was amended to the name Long Beach Advanced Ofthopedics Medical Center. In 2017, Plaintiff learned that Hill was diverting funds and falling to properly account for income. Hill filed a cross-complaint agamst Young in her individual capacit•y and also agamst Serena Young, M.D„ a professional corporation. The cross-complaint included...

Excerpt: ...on. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant at all, during the time it was not allowed to operate under Covid regulations, and (b) Plamtiff only has to pay proportionate rent to Defendant during the time Plamtiffwas subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determming it did not need to pay monies to Def...

Excerpt: ...ertain on 5/24/22. Plaintiff filed his operative SAC on 6/13/22. The SAC includes causes of action for quiet title, partition of real property, breach of contract, and fraud. 2. Demurrer to Second Amended Complaint a. History of Dispute The Court was originally scheduled to hear this demurrer on 12/20/22. Prior to the hearing, the Court issued a tentative ruling finding the parties had not adequately met and conferred in connection with the demur...

Excerpt: ...erformance of deed oftrust and appointment ofreceiver, and damages for breach of contract Defendants, Global Premier Development Inc„ LBB Housing Partners, LP, and Andrew Hanna field a demurrer to the complaint, which ison calendar today, on 9/12/22. On 1/03/23, Hanna filed a substitution of attorney, pursuant to which he is now representing himself. On 2/02/23, the Court granted Defense Counsel's motion to be relieved from representing Global ...