Excerpt: ...e subject chassis was not equipped to handle this type of cargo, and DCLI, the owner of the chassis, failed to warn the necessary persons and entities that the chassis should not be loaded with this type of cargo. Plaintiff has added additional doe defendants to the action, including Moving Defendant, Taihan Electric USA, Ltd. Details concerning Taihan's involvement in the incident will be discussed below. 2. Motion for Summary Judgment a. Standa...

Excerpt: ...ubbish, electrical wiring not up to code, filth, intentional interference with estate, lack of hot water, leaking plumbing, and general non-maintenance. 2. Demurrer a. Initial Note Defendants filed demurrers to the complaint. Each defendant filed a separate demurrer. Each defendant demurs to the second and third causes of action in the complaint. Because the demurrers are substantially the same, the Court will rule on them together. b. Notice The...

Excerpt: ...1 and 2. On 2/03/23, Plaintiff filed ex parte applications to serve does 1 and 2. On 2/06/23, Plaintiff filed additional certificates of merit, under seal, for does 1 and 2. On 2/06/23, the Court granted the ex parte application to serve the doe defendants. On 5/05/23, Plaintiff filed proof of service on doe 1, which was named as LAUSD. On 6/16/23, LAUSD responded to the complaint by way of demurrer, which is scheduled for hearing today. 2. Demur...

Excerpt: ...usations. Plaintiff's operative complaint is her First Amended Complaint, which she filed on 6/13/22. On 9/13/22, HOA filed a cross-complaint, against Hitchens, Robinson, McCoey, Portley, and Lakhdar for equitable indemnity, contribution, and declaratory relief, essentially seeking a ruling that, to the extent it is liable on either the complaint or the cross-complaint, these individuals were the true cause of the harm suffered. On 1/17/23, the c...

Excerpt: ...ervision, and retention and (2) negligent supervision of a minor against all defendants. Plaintiff is alleging a cause of action for negligence against Does 3 through 60. 2. Judicial Notice Defendant Doe 2 (“Doe 2”) requests the Court to take judicial notice of Plaintiff's original Complaint as Plaintiff omitted details of his assault in the First Amended Complaint (“FAC”), that were present in the Original Complaint. RJM, pp. 3. If a par...

Excerpt: ...Beach, CA 90813 without his knowledge or understanding of the changed terms. The Complaint alleges a cause of action for financial elder abuse. 2. Demurrer a. Legal Standard As a general matter, in a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading alone, and not the evidence or facts alleg...

Excerpt: ...f is moving to compel further responses to 55 out of the 64 RPDs served. The Court will consider and rule on the objections asserted by Defendant in its reply. b. Verifications Plaintiff, in moving papers, contends Defendant has failed to serve verified responses. Defendant, in opposition, contends it served verifications. Plaintiff does not address this argument in reply. The Court presumes the responses are verified and this issue is moot. c. M...

Excerpt: ...subject chassis was not equipped to handle this type of cargo, and DCLI, the owner of the chassis, failed to warn the necessary persons and entities that the chassis should not be loaded with this type of cargo. Plaintiff has added additional doe defendants to the action. Throughout this ruling, Moving Defendant Direct Chassislink, Inc. will be referred to as “Defendant” or “DCLI.” 2. Motion for Summary Judgment a. Standard on Summary Jud...

Excerpt: ...he Court, on 8/11/22, issued an order scheduling the parties' various motions, including the motion to compel arbitration and demurrer on calendar today. The pleadings in the case have a long and complicated history, which has culminated in the filing of a Second Amended Complaint on 3/30/23. The SAC includes causes of action for medical negligence, medical battery, various iterations of fraud, and IIED. 2. Motion for Leave to Amend a. Relevant P...

Excerpt: ...t. 2. Motion for Change of Venue a. Parties' Positions Numerous defendants move to change venue to Merced County. They contend that, first and foremost, venue is not proper in Los Angeles County because the only defendant who resides in LA County is Aldama, and she bears no fault in the accident. Alternatively, they contend convenience of witnesses and ends of justice will be served by having the action transferred to Merced County, because the a...

Excerpt: ...he Court heard Defendants' demurrer to Plaintiff's First Amended Complaint, which he filed on 12/28/21. The FAC included causes of action for: · Wrongful Demotion in Violation of FEHA; · Discrimination on the Basis of Race – FEHA; · Harassment – FEHA; · Retaliation – FEHA; · Failure to Investigate – FEHA; · Failure to Prevent – FEHA. The Court issued a detailed ruling sustaining the demurrer with leave to amend. On 8/01/22, Plaint...

Excerpt: ...the notice of deposition on numerous grounds, and the parties were unable to resolve their dispute. Plaintiff now moves to compel the deposition. b. Initial Note re: Documents Plaintiff's notice of deposition seeks production of documents. In opposition to the motion, Defendant argues various documents should not be produced. On 8/10/23, the Court granted Plaintiff's motion to compel further responses to RPDs, and overruled all of Defendant's obj...

Excerpt: ...tive process. The operative complaint is the First Amended Complaint, which Plaintiff filed on 5/12/23. The crux of the FAC is that Plaintiff had been working for LAUSD as a teacher's assistant and early education aide since 1999, and that at the time of her termination, she was 59 years old and had high blood pressure. Plaintiff alleges she was wrongfully terminated when she was mere months away from retirement. Specifically, Plaintiff alleges s...

Excerpt: ... and to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, but did not appear. Of note, any opposition to the motion was due on or before 8/09/23. The Court has not received opposition to the motion. Plaintiff is ordered to appear for deposi...

Excerpt: ...n 6/08/23, Plaintiffs attempted to file a Second Amended Complaint, but the filing was rejected due to Plaintiffs' failure to file a noticed motion. 2. Motion for Leave to File SAC a. Relief Sought Plaintiffs seek leave to add a prayer for damages under the CLRA. b. Standard for Granting Leave to Amend The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP §§473 and 576.) Judicial...

Excerpt: ...ground Facts Plaintiff, MOC Products Company, Inc. filed this action against Defendants, Hooman Automotive Group and Hooman Michael Nissani for breach of contract and related claims arising out of Defendants' alleged breach of an exclusive distribution contract. Plaintiff filed the complaint on 9/10/19. The complaint includes causes of action for breach of contract, quantum meruit, account stated, and open book account. Plaintiff has added numero...

Excerpt: ...Demurrer The sole issue presented on demurrer is whether Plaintiff has pled sufficient facts in his FAC to state a claim against the individual defendant, Jonathan David Myers, on an alter ego theory. Defendant argues Plaintiff has not done so, both because Plaintiff has not pled the elements showing unity of interest, and also because Plaintiff has not pled facts showing an inequitable result in the event the corporate veil is not pierced. b. Un...

Excerpt: ...arged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. On 5/06/21, the Court heard and denied Defendant's special motion to strike. Defendant appealed the ruling, and the Court of Appeal...

Excerpt: ...ntiff has added numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., HTL Automotive, Inc., and HTL Automotive, Inc. 2. Motion to Compel Deposition On 5/18/23, the Court heard and granted Plaintiff's motion to compel the depositions of Defendants' PMKs. The Court also imposed monetary sanctions. The Court detailed the long history of the deposition dispute, and fully analyzed the parties' positions concerning ...

Excerpt: ...endant filed the same day. Defendant's cross-complaint is against Shoreline for breach of contract and seeks past-due rent. On 7/14/22, Defendant filed an FACC against Shoreline, Collin Mitzenmacher, and Mark Mitzenmacher, which adds a claim for breach of personal guarantee of the lease obligations against the two individual defendants. 2. Motion for Summary Judgment a. Burdens on Summary Judgment Summary judgment is proper “if all the papers s...

Excerpt: ...posing 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 defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 31...

Excerpt: ...argomatic pursuant to a written agreement. Cargomatic made the first two payments per the contract, then ceased making payments and indicated an intention not to make further payments. The crux of the complaint against CU and Norton is that they were customers of Cargomatic, and they were the ones who insisted Cargomatic enter into the agreement. Soon after Cargomatic entered into the contract, CU and Norton realized they did not need Cargomatic'...

Excerpt: ... action. 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) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay mon...

Excerpt: ...se manager, Keely Coleman, obtained housing for Plaintiff at a Motel 6 managed by Defendant, Mario Cordova. Plaintiffs allege Gregory Brown was another resident at the motel, and that he murdered Decedent on the premises. Plaintiff alleges Demurring Defendant, County of Los Angeles, owned, managed, regulated, and operated LAHSA, DHS, and Star Clinic, and also owns, manages, and maintains the property where the assault occurred. Additional details...

Excerpt: ...aintiff 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 vette...

Excerpt: .... On 1/23/23, Defendant served responses. The parties attempted to meet and confer, but the parties were unable to resolve their issues. Plaintiff is seeking documents relating to GM's internal investigation and analysis of the powertrain and brake defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects but nevertheless refused to repurchase the vehicle. c. Evidentiary Objections Plaintiff submitted ob...

Excerpt: ... and Marlene Canas, Husband and Wife as Joint Tenants.” Subsequently, in 2005, a grant deed was recorded that transfers Plaintiff's interest in the subject property entirely to Defendant; Plaintiff contends the signature on the deed is a forgery, and she only discovered the forgery this year. Evelyn Marie Canas is John Canas's current spouse, and Bank of America holds the mortgage on the subject property. 2. Demurrer a. Legal Standard on Demurr...

Excerpt: ... On 2/17/23, Defendant served responses. The parties attempted to meet and confer, but the parties were unable to resolve their issues. Plaintiff is seeking the following general categories of documents: (1) those relating to GM's internal investigation and analysis of the powertrain and electrical defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects but nevertheless refused to repurchase the vehicl...

Excerpt: ...laims. LBUSD contends the cross-complaint is compulsory and the motion is timely made, such that leave should be granted. Flores opposes the motion. He argues the proposed cross-complaint is time- barred, LBUSD lacks standing to bring the cross-complaint, and he will be prejudiced if the motion is granted because trial is only four months away. b. Timeliness of Motion Defendant filed its answer on 10/21/22. It contends it attempted to file its cr...

Excerpt: ...er, waste, breach of contract, and financial elder abuse. Plaintiff alleges he and White are co- owners of the subject property, and White has committed waste and other acts on the property, such that it needs to be partitioned. One of the issues posed by way of the complaint is whether Defendant has improperly made a claim for 100% of insurance proceeds per a claim on the property, when in reality the parties are entitled to split those proceeds...

Excerpt: ... On 7/28/23, at Plaintiff's request, the Court advanced the hearing date and rescheduled the motion for hearing on 8/03/23. At the same time, the Court specially set a hearing on Defendant's demurrer, and ordered Defendant to file a demurrer by 7/31/23. 2. Motion to Strike Defendant moves to strike the entire complaint, contending Plaintiff improperly had her attorney verify her complaint instead of verifying it herself. The parties discuss the r...

Excerpt: ... projects were complete. Plaintiff alleges Defendants completed and sold the projects, but made no payments to Plaintiff. 2. Cross‐Complaints DDSW and Thompson filed a cross-complaint against Sazegar, and Sazegar filed a cross- complaint against DDSW and Thompson. DDWS and Thompson, on the one hand, and Sazegar, on the other hand, settled their cross-claims, and the settlement included a provision obligation Sazegar to pay Thompson/DDSW's attor...

Excerpt: ...ng was continued several times, and on 6/02/23, Plaintiff filed a First Amended Complaint. The FAC includes the original forcible detainer causes of action, but also contains causes of action for breach of contract, promissory estoppel, interference with economic relations and contractual relations, conversion, and declaratory relief. Prior to the hearing on the continued demurrer, the Court issued a tentative ruling indicating it was inclined to...

Excerpt: ...ard and granted Defendant's motion for attorneys' fees. The Court ordered Plaintiff to pay $13,790 in attorneys' fees to Defendant. 3. Motions to Compel a. Initial Note Plaintiff has, at all times in this action, been represented by James McCone at the Law Offices of Vincent Real. Plaintiff has not, either prior to or subsequent to entry of judgment, filed any substitution of attorney. Defense Counsel declares he served the subject discovery on P...

Excerpt: ... a first cause of action as "negligence against all defendants," then lists "first cause of action – continued negligence per se allegations,” then a second cause of action for general negligence, and a third cause of action for negligent hiring, training, supervision, and retention. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, rega...

Excerpt: ... moving papers. The Court cannot, therefore, meaningfully consider the subpoena in ruling on the motion. Additionally, CRC 3.1345(a)(5) requires a separate statement with a motion to quash, which allows the Court to meaningfully evaluate each category of documents sought and make a determination as to whether the documents are the proper subject of discovery. Review of the parties' papers reveals that the subpoena at issue was propounded on Movin...

Excerpt: ...at Defendants are agreeing to permit Plaintiffs to file an SAC, but that they reserve the right to attack the pleading on any and all available grounds. 2. 6/01/23 Ruling on Demurrer On 6/01/23, the Court ruled on Defendants' demurrer to the complaint. The Court incorporates its 6/01/23 ruling into this order by reference. 3. Motion for Reconsideration a. Parties' Positions Plaintiffs move for reconsideration of the Court's 6/01/23 ruling. Plaint...

Excerpt: ...njunction a. Procedural History of Motion On 5/24/23, Plaintiff filed a motion for preliminary injunction, emergency injunctive relief, and restraining/protective order, setting it for hearing on 9/14/23. On 6/21/23, the Court granted Plaintiff's ex parte application to advance the hearing on the motion, and rescheduled the hearing for 7/27/23. The Court indicated Plaintiff could not combine motions, and limited Plaintiff to hearing on a motion f...

Excerpt: ...ndants Wendel A. Swisher (“Swisher”), Enterprise Rent-A-Car Company of Los Angeles, LLC (“Enterprise”), Liberty Mutual Fire Insurance Company (“Liberty Mutual”) (collectively, “Defendant”) for damages relating to a motor vehicle accident that occurred on July 2, 2020. The complaint alleges one cause of action for negligence against Swisher and Enterprise, and two causes of action for declaratory relief and breach of contract again...

Excerpt: ...JX Companies, Inc., and Marshalls of CA, LLC erroneously sued as Marshall's Department Stores of California, Inc. (“Marshalls”) for injuries Plaintiff sustained after slipping and falling on a allegedly unsafe flooring. At this time, Marshalls moves for terminating sanctions and/or monetary sanctions in the amount of $1,522.50 against Plaintiff for failure to comply with the Court's March 14, 2023 order compelling responses to Marshall's set ...

Excerpt: ...1-50 for damages arising out of a trip and fall on the sidewalk on November 6, 2020. The complaint alleges causes of action for (1) negligence against Does 1-15, (2) premises liability against Does 16-30, and (3) dangerous condition of public property under Gov. Code section 835, et seq. against the City of Whittier and Does 31 through 50. As against the City of Whitter (“Defendant”), Plaintiff alleges the height differential caused by the di...

Excerpt: ...ed to the notice of deposition on various grounds, and the parties were unable to resolve their dispute. Plaintiff now moves to compel the deposition. b. Initial Note re: Documents Plaintiff's notice of deposition seeks production of documents. In opposition to the motion, Defendant argues various documents should not be produced. In reply, Plaintiff indicates the Court granted his motion to compel further responses to RPDs on 3/09/23, and he is ...

Excerpt: ...unction 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 defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 311 (1985). No other extrinsic evidence ca...

Excerpt: ...ose. On 10/20/22, Plaintiff dismissed El Galleon from the complaint, leaving the case pending against the other two defendants. On 1/17/23, the remaining defendants filed an answer to the complaint. The answer includes a general denial and 36 affirmative defenses. 2. Demurrer to Answer Plaintiff demurs to the answer, contending affirmative defense fail to state a defense and the 16 th and 30 th defenses are uncertain. a. Law Regarding Answers A v...

Excerpt: ...ction for wrongful eviction and violation of the Covid-19 moratorium. 2. Motion to Compel Arbitration a. Relief Sought Regus Management Group, LLC (“Regus”) moves to compel arbitration. It contends Plaintiff and it entered into a binding arbitration agreement, and the agreement governs all claims set forth in this action. It seeks a written statement of decision in the event the Court denies the motion. b. Analysis Defendant supports its moti...

Excerpt: ...r could retain a life estate in the property. Plaintiff filed her complaint on July 22, 2022, and the case is set for trial on July 31, 2023. The instant Motion for Discovery into Financial Condition Pursuant to CCP § 3295(c), (hereinafter, “Motion”) was filed on May 3, 2023. Defendant filed Opposition Papers on July 7, 2023. Plaintiff filed Reply Papers on July 13, 2023. 2. Motion For Discovery Into Financial Condition Pursuant to CCP § 32...

Excerpt: ... the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. On February 22, 2023, Defendant filed this demurrer, arguing that the Complaint does not state sufficient facts to constitute a cause of action and the pleading is uncertain. 2. Demurrer a. Meet and Confer CCP section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone ...

Excerpt: ...Butler, Eliza B. Cruz Herrera, Bonita Express, Inc., Fortia Enterprises, Inc., Meraki C.J. Group, LLC, Empire JS Logistics, LLC, Elosa Logistics Corp., JT Truck & Equipment Sales, Inc., Unstoppable Empire, Inc., Roadrunner Truck Sales, Inc., H.E.R. Trucking, Inc., Huntington National Bank, U.S. Bank National Association, Banner Bank, Continental Bank, Paccar Financial Corp., Steve Gordon, and the State of California Department of Motor Vehicles. ...

Excerpt: ...s three causes of action: (1) Quiet Title, (2) Equitable Relief – Good Faith Improver of Real Property, and (3) Common Counts. At the Case Management Conference, it was agreed that Plaintiff would have leave to file the FAC but that the demurrer would stay on calendar so that there could be a resolution of the statute of limitations defense asserted by Defendant. (Plaintiff's Opposition p. 1 fn. 1.) On June 6, 2023, the Court held a hearing for...

Excerpt: ...is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc. § 430.41 subd. (a).) Here, moving Defendant has not filed a meet and confer declaration. However, the Court proceeds to the merits. b. Legal Standard on Demurrer A demurrer tests the sufficiency of the pleading at issue as a matter of law. (City of Chula Vista v. County of S...

Excerpt: ... and breach of contract causes of action pending. 2. Motion for Summary Judgment a. Legal Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of t...

Excerpt: ...l defendants filed a separate demurrer, but the two demurrers raise the same arguments, and will be ruled on together. Defendants argue the complaint is defective because (a) there is no three-day notice to quit attached to the complaint, and (b) they wish to work out a payment plan with Plaintiff and become current on their rent. c. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It rais...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...aint on 7/22/22, and the case is set for trial on 7/31/23. 2. Motion to Compel Further Responses a. Procedural History of Motion Plaintiff propounded RPDs on Defendant on 12/16/22. Defendant served responses on 1/31/23. The parties met and conferred, and Defendant served further responses on 4/05/23. On 5/03/23, Plaintiff filed this motion. b. Initial Note While Plaintiff did meet and confer after receiving initial responses, she did not meet and...

Excerpt: ...0/month, but would be granted an interest in IEC's eventual sale proceeds in the range of 10% to 20% of the total sale price. Snyder told Plaintiff they would negotiate the exact amount near the time of the sale. Plaintiff alleges he successfully grew the business, and in late 2006, Snyder sought a buyer for IEC. There was an interested buyer, but Snyder decided not to sell. Snyder asked Plaintiff to be patient, as the value was increasing. Snyde...

Excerpt: ...d A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co...

Excerpt: ...740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matte...

Excerpt: ...' complaint. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. BACKGROUND On 7/14/19, Plaintiffs allegedly purchased a vehicle manufactured by nonmoving defendant Ford Motor Company (“FMC”), and now bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that defects and nonconformities manifested themselves during the warranty period. (Compl. ¶¶ 15–17.) Plaintiffs prese...

Excerpt: ...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 On 2/23/23, the Court sustained Defendant's demurrer to the fraud cause of action without leave ...

Excerpt: ...d the operative Second Amended Complaint (“SAC”). Plaintiff 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 two tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action for w...

Excerpt: ...dent at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. On 11/03/20, VCC filed a cross-complaint against the Stacys defendants for indemnification and related claims. Nota...

Excerpt: ...dants 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 the...

Excerpt: ...re are three issues presented by way of the motion to strike costs. The first issue is whether Plaintiff should be awarded costs associated with the deposition of non-party dealer Buick Cadillac GMC's PMK. The second issue is whether Plaintiff should be awarded costs associated with Plaintiff's discovery motions. The third issue is whether Plaintiff should be awarded attorneys' fees in connection with opposing this motion. b. Deposition Plaintiff...

Excerpt: ...ideration Plaintiffs contend this motion is an improper motion for reconsideration because Defendants have raised the issue previously and their argument has been rejected. The Court reviewed its prior rulings and finds it has never directly addressed the specific argument raised by way of Defendants' pending motions for judgment on the pleadings. The Court will therefore consider the motions on the merits. 4. Analysis a. Prior Ruling on Motion i...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...tance 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, R.R. Street & Co., Inc., contending it is responsible in whole or in part for the subject contamination. There are multiple cross-co...

Excerpt: ...s a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by his insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendant's insurance, but as of March of 2018, Plaintiffs understood Defendant's insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendant directly, but did not receive any written respons...

Excerpt: ...Penal Code §496(c). 2. Demurrer Defendant demurs to the FAC, contending the contract was reduced to a family law judgment, which renders the contract unenforceable and also divests this court of jurisdiction over the dispute, leaving jurisdiction solely with the family law court. The parties do not dispute the basic law in this regard. Pursuant to Marriage of Corona (2009) 172 Cal.App.4 th 120, 130, as well as myriad other cases, when two partie...

Excerpt: ...itution of attorney, pursuant to which Singh commenced representing himself. 2. Ex Parte Application On 4/28/23, Bansal filed an ex parte application to remove all liens and levy and stay further collections of judgment, contending the judgment has been satisfied in full and all such liens and levies are inappropriate, but remain attached to his property. The Court, Honorable Michael P. Vicencia presiding, denied the ex parte application without ...

Excerpt: ... the operative Second Amended Complaint (“SAC”). Plaintiff 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 two tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action for wr...

Excerpt: ... its case manager, Keely Coleman, obtained housing for Plaintiff at a Motel 6 managed by Defendant, Mario Cordova. Plaintiffs allege Gregory Brown was another resident at the motel, and that he murdered Decedent on the premises. Additional details will be discussed below. Plaintiffs' complaint includes causes of action for negligence, negligent hiring, training, and retention, premises liability, wrongful death, and IIED. 2. Demurrer a. Legal Sta...

Excerpt: ...tle and equitable relief as a good faith improver of real property. 2. Demurrer a. Legal 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 truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the co...

Excerpt: ...iff, with his moving papers, seeks judicial notice of various other trial court lemon law decisions on motions for attorneys' fees. The purpose of the RJN is to show that other trial courts have awarded similar billing rates to attorneys with similar experience. The RJN is granted. b. Initial Note Defendant, at page 5, lines 8-11 of the opposition, contends the case did not settle as a result of Plaintiff's Song-Beverly claims, but instead as a r...

Excerpt: ...ourt shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Defendant opposes the motion. Defendant argues (a) the Court lacks subject matter jurisdiction over this action for the reasons set forth in the demurrer to the complaint, on calendar o...

Excerpt: ... during the course of the parties' relationship, numerous customers initiated disputes with their banks, and the banks concluded a chargeback was appropriate in connection with disputes in the total amount of $73,271.78. Plaintiff attempted to collect the amount from Savvy's merchant account, butit only had a balance of 55402.14. Plamtifffiled suitto recoup the remaining S67,869.64. For reasons that are not clear, despite naming both Savvy and Mc...

Excerpt: ...dants); Professional Negligence (Segretti); Breach of Contract (Segretti); Fraud (Segretti). Plamtiff alleges he and Seager were married and hired Segretti, an attorney, to create trusts to protect their interests and create an estate plan. Plaintiff alleges Seager died in 2019, and Plaintiff agam hired Segretti to create estate documents. In December of 2020, Plaintiff learned Segretti had failed to create trust documents relating to the subject...

Excerpt: ...mplaint is that Decedent was involved in an automobile accident with Rosborough, which caused him to need post-acute care, which was provided by Regency/MEK. Decedent was a residentat Regencvs facilities during September of 2020, ata time when the temperature was extremely high. Regency failed to provide air conditioning and failed to monitor Decedent's vital signs, including body temperature, such that he perished due to extreme dehydration and ...

Excerpt: ...t Defendants are agreeing to permit Plamtiffs to file an SAC, but that they reserve the right to attack the pleading on any and all available grounds. 2. Demurrer a. Legal 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 notthe function of the demurrer to challenge the buthfulness of the comp...

Excerpt: ...ger Construction, failed to complete work done at Khan's property, and that Khan overpaid for the work He did complete. Khan also included Hudson Insurance Company as a cross-defendantin the cross-complaint and asserts a cause of action on contractor's license bond against Hudson in the amount of Sl 5,000. Hudson filed a cross-complaint against Khan and He. Hudson's cross-complaint contams a sole cause of action for declaratoty relief, and seeks ...

Excerpt: ...to which the liens were converted into a secured direct assessment collectable through the County property tax system. Thereafter. The County, through Knox (its treasurer and tax collector), sent Plaintiffs a tax bill. 2. Demurrer a. Legal 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 nott...

Excerpt: ...et-Cintron and Cintron-Ballou dismissed all claims on 5/05/23, and only Nancy Cintron remams as an active plaintiff in this case. 2. Demurrer/MJP On calendar today are a demurrer, a motion for judgment on the pleadings, and a joinder to the demurrer and MJP. The issue posed by all of the pleading challenges is whether the statute of limitations bars Plaintiffs actions. The complaint alleges Decedent passed away on 7/20/21. The parties all agree t...

Excerpt: ...ary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery, wherein they argued (a) Defendants have erroneously refused to produce their employees, Yidan Xu and Haykanush Gezukawan, fo...

Excerpt: ...ler, Eliza B. Cruz Herrera, Bonita Express, Inc„ Portia Enterprises, Inc., Meraki C.J. Group, LLC, Empire JS Logistics, LLC, Elosa Logistics Corp., JT Truck & Equipment Sales, Inc„ Unstoppable Empire, Inc„ Roadrunner Truck Sales, Inc., H.E.R. Trucking Inc„ Huntington National Bank, U.S. Bank National Association, Banner Bank Continental Bank Paccar Financial Corp„ Steve Gordon, and the State of California Department of Motor Vehicles. P...

Excerpt: ...numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., H TL Automotive, Inc„ and HTL Automotive, Inc. 2. Motion to Compel Deposition Plamtiffmoves to compel the deposition ofDefendants' PMKs. Both parties' papers present numerous issues for resolution. Notably, the Court previously ordered the parties to use a discovery referee to resolve discovery issues, as the parties have been unable, throughout the litig...

Excerpt: ...tic pursuant to a written agreement Cargomatic made the first bvo payments per the contract then ceased making payments and indicated an intention not to make further payments. The crux of the complaint against CU and Norton is that they were customers of Cargomatic, and they were the ones who msisted Cargomatic enter into the agreement Soon after Cargomatic entered into the contract, CU and Norton realized they did not need Cargomaties service, ...

Excerpt: ...uld have voted against the changes if given notice to do so. Regardless, the CC&Rs requires an affirmative 75% vote to make the changes, so the changes were not made due to A&D's abstinence, and would not be made if A&D voted no. 2. Petition to Reduce Voting Percentage a. Relief Sought Petitioner seeks an order from the Court changing the percentage of votes necessary (from to 66%) in order to enact the following changes to the CC&Rs: Confirm tha...

Excerpt: ... his complaint on 10/08/19. On 8/06/20, Plaintiff filed proof of semice of the summons and complaint on Defendant The POS indicates James G. McCone, Plaintiffs attorney, served Defendant personally on 3/02/20 at the Long Beach Courthouse. At Plaintiffs request the Clerk entered Defendant's defaultthe same day (8/06/20). On 10/19/20, the Court entered default judgmentin favor of Plaintiff and against Defendant in the principal amount of Sl 90,175....

Excerpt: ...' petition to confirm the arbitration award. 2. Motion for Sanctions Plamtifffailed to appear for his ORAP on 10/18/22, 2/07/23, and 3/15/23. Defendants seek to recover the attorneys' fees they expended in appearing at those ORAPs. Defendants seek to recover those fees both as sanctions under CCP 5708.170(a)(2) and also pursuant to the attorneys' fees clause in the parties' contract. Plamtiff in opposition to the motion, argues sanctions pursuant...

Excerpt: ...sault (Jenkins); Sexual Battery (Jenkins); NIED (all defendants); False Imprisonment (Jenkins). 2. Demurrer a. Relief Sought Defendant AUSD demurs to the first cause of action for negligence. Defendants. LAUSD and Mak demur to the fourth cause of action for NIED. b. Legal 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 oppos...

Excerpt: ...ges that on 8/19/17, in exchange for valuable consideration, Plamtiff purchased a 2017 Chevrolet Silverado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed transmission defects and each time Defendant through its employees, failed to repair the problem. Plamtiff requested a buy-back pursuant to lemon law, but the request was refused. c Discovery Dispute On 10/28/22, Plaintiff sewed disc...

Excerpt: ... the medical treatment claims (his own claims), butnotthe facility claims (APTMC's claims). Thereafter, the settlement unraveled. 3. Motion for Leave to File a Cross-Complaint On 11/17 /122, the Court heard and granted Defendants motion for leave to file a cross- complaint for breach of the parties' settlement agreement On 11/18/22, Defendant filed her cross-complaint On 12/20/22, Plaintiffs' attorney filed a Declaration of Demurring Party in Sup...

Excerpt: .../01/22, and the Court sustained the demurrer and granted the motion to strike with leave to amend on 11/14/22. Plaintiff filed the operative First Amended Complaint on 12/12/22. The FAC includes causes of action for: Violation of Civil Code 51940.2 - Breach of Covenant of Quiet Enjoyment (all defendants); Violation of Civil Code 51942.5 (all defendants); Tortious Failure to Provide Habitable Premises (all defendants); Negligence (all defendants);...

Excerpt: ...amages On September 27, 2021, Plaintiff filed her Complaint alleging tvvo causes of action for General Negligence and Premises Liability. On October 25, 2021, Defendant filed its Answer. On August 29, 2022, counsel for Plaintiff, Scarlett Farrokh ("Farrokh"), filed a Notice of Death of Plaintiff and Request for Stay of Prueedmgs Pending Motion to Amend the Complaint for Wrongful Death, subsequently rejected as Plaintiff died of COVID-19. On Septe...

Excerpt: ...rther alleges that the Subject Vehicle was delivered to her with serious defects and non-conformities to the warranty and developed other serious defects and nonconformities to the warranties, including but not limited to, electrical and engine defects. On Januaty 06, 2023, Plaintiff filed her Complaint alleging three causes of action for: (1) Violation of Song- Beverly Act — Breach of Express Warranty, (2) Violation of Song-Beverly Act — Bre...

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...