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 ...

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: ...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: ...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...