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: ...and are uncertain. Plaintiff Royal Paper Corp.'s Complaint alleges that Defendant Tim Morgan is the owner and founder of Defendant International Sourcing Group. Defendants were the agents and alter egos of the other Defendants. (Complaint, ¶ 6.) On June 1, 2020, Plaintiff prepared a written agreement, titled Purchase Order 9150562 for gloves. (Id., ¶ 13.) Plaintiff discovered in August, 2021 that its payments were “stuck in China.” (Id., ¶...

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...

Excerpt: ... Complaint (“FAC”) was filed. The FAC alleges, in pertinent part that, “[u]p through the middle of 1995, Edward and Delfina Garcia and Michael Sanchez were the owners of the residential real property commonly known as 5021 Harbor Street, Commerce, California (the ‘5021 Property'). In the middle of 1995, Defendant Richard Sanchez went to the Garcias and Plaintiff to borrow a loan against the 5021 Property to take cash out to assist Richard...

Excerpt: ...ebruary 3, 2020 to reconfirm Telephone Conversation between Joo Hwan Kim and Jong H. Choi; and (2) Invoice of transaction of January 2020 ($19,500.00) issued by Joo Hwan Kim individually upon agreement and directly shipped to Jong H. Choi. These documents are not judicially noticeable. (See Cal. Ev. Code §452.) Plaintiff's Request for Judicial Notice is GRANTED as to the Business Search of Sekero International, Inc. (Cal. Ev. Code §452.) This a...

Excerpt: ...hat Defendant KARLA GABRIELA TIRADO RIVERA (“Tirado”) is an individual doing business in the City of Bell, in the State of California. (FAC ¶2.) Plaintiff alleges that “[o]n or about 2010, Defendant Tirado approached Plaintiff and told him that she was the owner of the rights to two transportation routes in Mexico in which she operated mini-buses that transported individuals who paid fares. Defendant Tirado explained that she was the exclu...

Excerpt: ...RANTED. (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 determination of its validity. [Citations Omitted.]” (Espejo v...

Excerpt: ... (Cal. Ev. Code §452.) Objections to the Declaration of Ryan Marden 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 determination of its validity. [Citations Omitted.]” (Espejo v. Southern...

Excerpt: ... Honda Motor Co., Inc. (“Honda”) demurs to the 3 rd cause of action on the ground that it fails to state facts sufficient to constitute a cause of action, and is barred by the Economic Loss Rule. Plaintiff's RJN is granted. Plaintiff Rocio Perez alleges that on October 12, 2019, Plaintiff purchased a 2019 Honda Accord, which contained express and implied warranties made by Defendant. (Complaint, ¶ 7.) The vehicle contained a defective comput...

Excerpt: ...ion. Moving Parties to give NOTICE. Defendants Fay Servicing, LLC and US Bank National Association demur to the 1st – 10thc causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This is a wrongful foreclosure action filed by Plaintiffs Rigoberto and Yaneth Vallodolid. Plaintiffs allege that they obtained a mortage loan on March 19, 2008. (Complaint, ¶ 10.) On April 11, 2022, a Notice of Default...

Excerpt: ...nt to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to o...

Excerpt: ... The relevant facts, as alleged, are as follows: “Plaintiff… because [sic] fee simple owner of the subject property located at 201 Reposado Drive, La Habra Heights, CA 90631 (‘Subject Property') by virtue of the grant deed recorded 9/21/21 bearing instrument number 20211438000…. Subsequently thereto, she agreed to rent the property to [Defendant], whereby [Defendant] agreed to make the monthly mortgage payments and to purchase the subject...

Excerpt: ...th 10 days leave to amend as to the 4 th – 5th and 7 th ‐ 8 th causes of action against the remaining Defendants, and as to 6 th, 9 th, and 12 th causes of action against all Defendants. The demurrer is OVERRULED as to the 4 th cause of action against the remaining Defendants. II. Defendants M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC's motion to strike is MOOT. Moving Parties to give NOTICE. I. Demurrer Defendants M. Patel, Gavi...

Excerpt: ... of lack of personal jurisdiction pursuant to CCP § 418.10. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP § 418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff ...

Excerpt: ... Moving Party to give notice. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed by Plaintiff EXPEDITION INDUSTRIES, INC. on May 3, 2022. On September 12, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “Defendants sent a letter dated October 15, 2020 addressed to Plaintiff, but mailed this letter to Plaintiff's tenant located at 14561...

Excerpt: ...Indiana under the forum selection clause contained in the Forest River Limited Motorized Warranty, which accompanied the Forest River vehicle purchased by Plaintiff. Defendant maintains that Plaintiff signed a document entitled “Forest River, Inc. Customer Delivery and Warranty Registration Form” wherein he confirmed the following: “I have had the opportunity to review THE FOREST RIVER, INC. LIMITED WARRANTY….” (Evans Decl., Ex. B.) Con...

Excerpt: ...vailing party in any action on a contract where the contract specifically provides that attorney's fees and costs shall be awarded to the prevailing party. Here, it is undisputed that Judgment was entered in favor of Defendant on March 9, 2022, and it is undisputed that there is an agreement between the parties establishing Defendant's entitlement to attorney's fees as the prevailing party pursuant to Cal. Civ. Code §1717. When assessing the amo...

Excerpt: ... Defendants/Cross-Complainants VICTOR M. JIMENEZ and JULIETA M. ROMERO (collectively “Defendants”) filed a Cross-Complaint seeking quiet title. Plaintiffs move for an order to continue trial and all corresponding pre-trial deadlines for six months. Trial is currently set for March 22, 2023. Plaintiffs argue that a sixth month continuance is necessary due to the substitution of new counsel for Plaintiffs on or about December 1, 2022; to permit...

Excerpt: ...��)'s Cross-Complaint pursuant to CCP § 437c. OBJECTIONS Bay Cities' Objections 1-10 are overruled. AP Express/World Pack's Objection Nos. 1-4 to Donahue Declaration are overruled. Objection Nos. 1-3 to Kirkpatrick Declaration are overruled. Objection Nos. 1-4 to Crosby Declaration are overruled. Objections to Mysliwiec's Declaration is sustained as to Nos. 1 and 3-4, and overruled as to No. 2. Complaint Bay Cities' operative First Amended Cross...

Excerpt: ...ERED to file and serve its Answer within 10 days. Plaintiffs to give NOTICE. I. Leave to Amend Plaintiffs Kelterite Corporation (“Kelterite”) and Sialic Contractors Corporation dba Shawnan move for leave to approve the already-filed Sixth Amended Complaint (“6AC”) or for leave to file a Seventh Amended Complaint (“7AC”) pursuant to CCP § 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party...

Excerpt: ...ary 19, 2023. Due by January 9, 2023. (CCP §1005(b).) Plaintiff filed this breach of warranty action on November 14, 2019, and then passed away on June 19, 2020. (McClendon Decl., Exs. B-C.) Since Plaintiff's death, Plaintiff's Counsel has made a number of appearances, and has made representations to this Court that he would try to locate a personal representative or successor-in-interest to prosecute Plaintiff's case. A Mandatory Settlement Con...

Excerpt: ... III. Defendant AMERICAN FIRST CREDIT UNION's Motion to Strike Portions of Plaintiff's First Amended Complaint is OFF‐CALENDAR. Plaintiff to give notice. No Reply filed as of January 18, 2023. The Purchase Agreement containing the subject Arbitration Clause was executed by Plaintiff and Defendant Pro X Motors, Inc., and states: “Any claim or dispute, whether in contract, tort, statute or otherwise… between you and us or our employees, agent...

Excerpt: ...ing Party to give notice. Pursuant to CCP §128(a)(3), every court has the power to provide for the orderly conduct of proceedings, including the power to stay discovery in a civil action pending outcome of a related criminal case. “Courts recognize the dilemma faced by a Defendant who must choose between defending the civil litigation by providing testimony that may be incriminating on the one hand, and losing the case by asserting the constit...

Excerpt: ...stantially related” nature of Mr. Honey's prior representation viz-a-viz the currently pending litigation as of the time this motion was filed. However, the subsequent development of Wu's cross-complaint triggers a fresh set of obligations, which the Court in its discretion finds can be effectively managed to ensure the integrity of the bar and preservation of the public trust by adopting Mr. Honey's offer in his declaration to wall himself off...

Excerpt: ...ff is in pro per. Defendant CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (“Defendant”) specially appears and opposes the Petition. As a prerequisite to filing a claim against a public entity, a plaintiff must substantially comply with the California Tort Claims Statute. No suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented until a written claim has bee...

Excerpt: ...UEL HERNANDEZ, JR. (“JMH”) was attending a Whittier Girls Softball League event to deliver some athletic apparel for the team. Plaintiffs allege that, at the event, “JMH was approached by TONY AVILA [Avila] in a belligerent manner…. As the manner of AVILA continued to escalate, JMH yelled for the League President MOSES GALICIA [Galicia] to intervene. He arrived and placed himself in between AVILA and JMH. AVILA was able to initiate physic...

Excerpt: ...complaint against Defendants CitiStaff Solutions Inc., Camino Real Foods, Inc., and John Doe (collectively “Defendants”) for eighteen causes of action. Plaintiff filed her complaint against her employer, Defendant CitiStaff Solutions Inc. (“CitiStaff”), and its customer, Camino Real Foods, Inc. d/b/a Camino Real Kitchen (“CRK”), for alleged acts of a CitiStaff employee outside the scope of his employment. On September 14, 2022, Defend...