Excerpt: ...Inc. and Mike Thompson RV alleging violation of the Song-Beverly Act related to Plaintiff's purchase of a 2022 Thor Industry 23TW RV. Defendant argues that the warranty contains a forum selection clause which provides that Indiana is the exclusive jurisdiction for claims under the warranty. Legal Standard Ordinarily the party opposing enforcement of a forum selection clause bears the burden of proving enforceability, however, “that burden is re...

Excerpt: ... continued to this date. No additional/supplemental briefs were ordered to be filed, and none have been filed or lodged with the Court since the August 18, 2023 hearing. This action was filed on December 28, 2018. The Complaint alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm water detention system as part of a project to construct a new high school in Huntington Park, California. Defendant Hanes Ge...

Excerpt: ...od cause requiring a continuance_Z (In re Marriage of Falcone & Fyke (2008) 164 CalApp_4th 814, A trial court has broad discretion in considering a request for a trial continuancez (Pham v. Nguyen (1997) 54 Cal_App.4th 11, 13- The factors to consider in ruling on a motion to continue trial are. (6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; (1) The proximity of the tr...

Excerpt: ...h eighth, and tenth causes of action. Plaintiff argues that reconsideration is warranted because: “Following this Court's Order, Plaintiff located communication with AllWire which specifically shows Defendant AllWire's knowledge of Plaintiff's contract with Southern California Edison, this evidence is a compelling reason to reconsider the Court's ruling on the Sixth through Eighth, and Tenth Causes of Action. Further, the applicable law support...

Excerpt: ... 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. (CCP S 36(a)_) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by...

Excerpt: ...lege Log, to Produce the Statement of Daniel Portillo, and to Produce the Report of Jose Evangelista Plaintiff OMAR MACEDO's Motion to Compel Defendants DANIEL PORTILLO and CHARTER COMMUNICATIONS Further Responses to Request for Production of Documents (set one) is GRANTED in part and DENIED in part Moving Party to give Notice. Although only one Motion appears on the Court's calendar, there are actually three (3) Motions scheduled for hearmg toda...

Excerpt: ...ate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay proceedings pursuant to CCP SS1281_1 and 1281.4 must state, in addition to other required allegations...

Excerpt: ...r 28, 2022, the operative First Amended Complaint ("PAC") was filed. Plaintiff alleges that Defendant GENERAL MOTORS, LLC ("Defendant' or "GM") did not disclose and actively concealed a transmission defect affecting Plaintiffs Chevy Silverado vehicle. (See Complaint "69-76.) Plamtiffs FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty); (2) Violation of Song-Beverly Act (Breach of Implied War...

Excerpt: ...gen") negligently repaired Plaintiffs 2020 Volkswagen Tiguan. (See Complaint 5541-43.) Plamtiffs Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty); (2) Violation of Song-Beverly Act (Breach of Implied Warranty); and (3) Negligent Repair. Defendant generally demurs to the third cause of action. Defendant further argues that the third cause of action is barred by the Economic Loss Rule....

Excerpt: ...and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exist between the same parties; or one party is a party to a separate arbitration agreement or proceeding with a third party; and (2) The disputes arise from the same transactions or series of related transactions; and (3) There is common issue or issues of law or fact creating the possibility of conflicting rulings b...

Excerpt: ...s to state facts sufficient to constitute a cause of action and is uncertain Defendant's RJN is granted. Plaintiffs Angie Antunez and Darwin Zabrano allege that on August 18, 2019, Plaintiffs purchased a 2017 Honda Pilot that contained a transmission defect. (Complaint, II 50.) Plaintiffs claims arise from warranty obligations of America Honda. (Complaint, II 5 ) Based thereon, the Complaint asserts causes of action for 1. Violation of Song-Bever...

Excerpt: ...dant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. "[A]s a preliminary matter the [trial] court is only required to make a finding of the agreements existence, not an evidentiary determination of its validity. [Citations Omitted (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal App.4th 1047, 105b) Except for specifically e...

Excerpt: ... for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 2.) "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craio v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or s...

Excerpt: ... for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay ...

Excerpt: ...pecifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay procee...

Excerpt: ...e the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay proceedings pursuant to CCP SS1281_1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides...

Excerpt: ... controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craiq v. Brown & Root. Inc. (2000) 84 CalApp_4th 416, 420.) "A petition to compel arbitration or stay proceedings pursuant to CCP SS1281_1 and 1281.4 must state, in addition to other required allegations, the...

Excerpt: ...ert Designation is GRANTED. Moving Party to give Notice. Defendant/Cross-Complainant REDIGER INVESTMENT MORTGAGE FUND (“Rediger”) moves to exclude Plaintiff/Cross-Defendant PETER T. NORWICH's (“Norwich”) Supplemental Designation of Non-Retained Expert Witnesses at trial: (1) Jane Mak; (2) Sergeant Jaqueline Luna; (3) Deputy C. Derry; (4) E. Sanchez; and (5) Sergeant S. Reyes (collectively “Supplemental Experts”). “After the setting ...

Excerpt: ...Second Alleged Causes of Action without leave to amend. As to the Third Cause of Action, the Court will consider one final attempt to amend as discussed below. The Court strongly encourages the parties and especially counsel to consider a refund- based settlement before engaging in another round of pleading motions. The Court is mindful that depositions are scheduled to occur the day after this hearing and the Court is NOT inclined to consider fu...

Excerpt: ...operative First Amended Complaint (“FAC”) alleges that in 2020, Plaintiff's neighbor Joseph Nayebei aka Joseph Nayebi, trespassed onto Plaintiff's property, installed cameras and peered into Plaintiff's bedrooms and bathrooms, and refused Plaintiff's verbal and written requests that he cease and desist from this conduct. (FAC, ¶ 7.) Plaintiff obtained a TRO, but Nayebei ignored the TRO. (Id.) Nayebi constructed improvements that crossed the ...

Excerpt: ...A, a minor, became a patient of defendants and each of them on or about October 11, 2020, when he was taken to the emergency room at PIH HEALTH HOSPITAL WHITTER, twice-at 0207 hours and again at 0818 hours, for severe abdominal pain and vomiting.” (Complaint ¶10.) “The defendants and each of them were negligent, careless and unskillful in their diagnosis, care and treatment of plaintiff…. That negligence, carelessness and unskillfulness wa...

Excerpt: ...pposing Party to give Notice. Plaintiff/Cross-Defendant JENIIFER GUTIERREZ's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a contract action filed by Plaintiff JENNIFER GUTIERREZ (“Gutierrez”) against Defendant HANY NEKOLA (“Nekola”). Gutierrez employed Nekola to perform construction and improvement to her home in December 2020. Nekola represented that he possessed a general contractor's license in another state, ...

Excerpt: ...nd U.S. BANK, NA's Motion to Strike Portions of Plaintiffs' First Amended Complaint is MOOT. Moving Parties to give Notice. Defendants SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, NA's Request for Judicial Notices is GRANTED. (Cal. Ev. Code §452.) This action for quiet title was filed on January 31, 2022. The operative First Amended Complaint (“FAC”) asserts the following causes of action: (1) Wrongful Foreclosure; (2) Cancellation of Ins...

Excerpt: ... the hearing, the defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on February 16, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a w...

Excerpt: ...CP § 1281.2. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code § 452.) Objections to the Declaration of Jacqueline Lee are OVERRULED. Defendant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. “[A]s a preliminary matter the [trial] court is only required to make a finding of the agreement's existence, not an evidentiary deter...