Excerpt: ...on 6/23/18, in exchange for valuable consideration, Plamtiffpurchased a 2018 GMC Sierra 1500, manufactured and/or distributed by Defendant Duringthe warranty period, the vehicle contained or developed defects including a defective engine, defective electrical system, defective lighting system, defective transmission system, and defective ignition system. Plaintiff took the vehicle to the dealership multiple in connection mth these various electri...

Excerpt: ...ance Account Act Plamtiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaintincludes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, R.R. Street & Co„ Inc„ contending It is responsible in whole or in part for the subject contamination. There are multiple cross-comp...

Excerpt: ... to recover damages, fees, and costs according to proof. 2. Prior Hearing on Motion for Attorneys' Fees The Court was originally scheduled to hear Plaintiffs motion for attorneys' fees on 2/07/23. Priorto the hearing the Court issued the following tentative rulmg: Plaintiff seeks to recover attorneys' fees in the amount of $38,470.00. Defendant concedes Plaintiff is entitled to recover fees, but contends the amount is both excessive and unsupport...

Excerpt: ...ties' Discovery Dispute Plamtiff underwent spine surgery in December of 2020. He underwent shoulder surgeryin August of 2021, With a second shoulder surgery in April of 2022. Defendants originally scheduled Plaintiffs IME with Dr. Scott Lederhaus for 4/07/22; the parties agreed, however, to reschedule the exammation in light of Plaintiffs shoulder surgery. The examination ultimately went forward on 7 / 28/22. b. Law Governing Additional IMEs Exce...

Excerpt: ...rior to the hearing, Plaintiff filed his operative First Amended Complaint. The FAC includes causes of action for premises liability, elder abuse, and general negligence. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthful...

Excerpt: ...ntiff 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: ...es that on 12/23/20, in exchange for valuable consideration, Plaintiff purchased a 2021 GMC Sierra, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed defects including a defective transmission system, defective engine, defective electrical system, and defective steering system. Plaintiff took the vehicle to the dealership multiple in connection with these various electrical defects, and e...

Excerpt: ...ds Defendant pay past-due rent from 11/01/18 to 3/01/22 in the total amount of $227,099.98. The three-day notice to perform or quit demands Defendant remove all weed and debris, repair and replace all broken wall coverings, repair and replace all windows, replace the defective and deteriorating roof covering, and remove all graffiti. The case proceeded to jury trial on 8/19/22, and the trial continued on 8/22/22. After jury instructions were give...

Excerpt: ...r A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge def...

Excerpt: ...d Complaint includes causes of action for Breach of Statutory Building Codes and Ordinances, Trespass on Real Property, Trespass on Real Property, Negligence, Invasion of Privacy, and Quiet Title. Plaintiffs added the City as a defendant in the SAC because the Gample Defendants, in their cross-complaint, seek to use an alleged City easement as a drain line over Plaintiffs' property. Plaintiffs, by way of their amended complaint, seek a declaratio...

Excerpt: ...that on 5/11/19, in exchange for valuable consideration, Plaintiff purchased a 2019 Chevrolet Silverado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed defects including a defective electrical system, defective steering system, defective braking system, and defective display system. Plaintiff took the vehicle to the dealership multiple in connection with these various electrical defect...

Excerpt: ...rporation headquartered in the State of Illinois, which managed, ran, controlled, oversaw, supervised and/or operated Doe 1. Plaintiff alleges Robert “Bob” Felder was an adult male employee of Does 1 and 2, and specifically was the general manager of Doe 1. Plaintiff alleges Felder died in 1986 and is not a party to the lawsuit. Plaintiff alleges he sustained childhood sexual assault at the hands of Felder in the 1970s. Plaintiff's complaint ...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...in Long Beach, CA. Through their corporation, NHGI, Rivera and her partner had already successfully established several similar operations. Rivera ultimately agreed to invest in Haxton's venture, Portuguese Bend Distilling, and participate in its operations as a co-owner and co-manager. While the precise timeline of the breakdown in the parties' relationship is unclear, Rivera ultimately resigned – or, per the SAC, was constructively discharged...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...violation of subdivision (a)(3) of Civil Code § 1793.2 against FMC only; (4) breach of the implied warranty of merchantability (Civ. Code §§ 1791.1, 1794, 1795.5) against FMC only; (5) fraudulent inducement – concealment against FMC only; and (6) negligent repair against South Bay only. On December 19, 2022, FMC and South Bay filed the instant motions: (1) motion to compel arbitration and stay action; and (2) motion to stay the entire action...

Excerpt: ...ant, and which alleges Bonita desired to purchase a truck from Vale and secured financing from Plaintiff; despite payment to Vale, Vale never delivered the subject truck to Bonita, and instead sold the vehicle to Feliciana Navarrete. On 9/01/20, Plaintiff dismissed Bonita and Santana from the complaint, leaving claims against Vale only. On 12/17/20, Vale filed a cross-complaint against Bonita Express, Inc., Hugo Santana, Fortia Enterprises, Inc.,...

Excerpt: ...ainst Plaintiff asserting causes of action for (1) breach of contract, (2) negligent construction defects with resulting damages, (3) money had and received, (4) unjust enrichment, and (6) strict liability. The Cross-Complaint alleges in relevant part that Plaintiff, who was doing business as Tiger Construction, failed to complete work done at Defendant's property, and that Defendant overpaid for the work Plaintiff did complete. Defendant also as...

Excerpt: ...r $900,000. Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative Second Amended Complaint (“SAC”) on 9/15/22, asserting causes of action for: 1. Breach of Written Contract 2. Fraud 2. Meet and Confer Defendant's counsel declares that he sent Plaintiff's counsel a m...

Excerpt: ...ainst Plaintiff asserting causes of action for (1) breach of contract, (2) negligent construction defects with resulting damages, (3) money had and received, (4) unjust enrichment, and (6) strict liability. The Cross-Complaint alleges in relevant part that Plaintiff, who was doing business as Tiger Construction, failed to complete work done at Defendant's property, and that Defendant overpaid for the work Plaintiff did complete. Defendant also as...

Excerpt: ..., LLC and Han Gap-Su (a.k.a. Sebastian Han). The causes of action include breach of contract and claim and delivery (against M.I.AIR Corporation), claim and delivery (against Hanseo USA, LLC and Han Gap-Su), and conversion against (M.I.AIR Corporation, Hanseo USA, LLC, and Han Gap-Su). On December 23, 2022, M.I.AIR Corporation and Han Gap-Su (“Cross-Defendants”) filed their Demurrer to the Cross-Complaint (“Demurrer”). On February 6, 2023...

Excerpt: ... to sign an uninsured deed affidavit and statement of information acknowledging he no longer had an interest in the property, and he refused to do so. Plaintiff filed her complaint on 4/21/22. She filed proof of service of the summons and complaint on Defendant on 5/04/22, and the Clerk, at Plaintiff's request, entered Defendant's default on 6/20/22. 2. Motion to Vacate Default a. Parties' Positions Defendant moves to vacate the default entered a...

Excerpt: ...Substance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, United Fabricare, contending it is responsible in whole or in part for the subject contamination. There are multiple cross-compl...