Excerpt: ...ve to dismiss or stay the action under CCP §410.30, arguing that the parties are bound to litigate their claims in Indiana under the forum selection clause contained in the express warranty, that this agreement is mandatory, and that the agreement requires application of Indiana law. Defendants indicate that they will stipulate to “not object” to the application of California law in an Indiana court. In Opposition, Plaintiff argues: (1) the ...

Excerpt: ...Corp.”) (collectively “Defendants”) on May 24, 2018, asserting causes of action for: (1) Negligence; (2) Strict Liability; and (3) Breach of Implied Warranty. The Complaint alleges that Plaintiff was injured on March 19, 2017 while using an angle grinder manufactured by Defendants. The angle grinder fell onto Plaintiff's foot, causing injury. Plaintiff contends that the angle grinder contains various manufacturing, design, and failure to wa...

Excerpt: ... is DENIED. The Alternative Motion for Summary Adjudication is DENIED. Opposing Parties to give Notice Plaintiff DORNETTA NAPIER's Joinder to Plaintiff NORTH RIVER INSURANCE COMPANY's Opposition to Defendant CAMINO REAL's Motion for Summary Judgment is GRANTED. The subject action (20STCV38179) for premises liability was filed on October 5, 2020. On December 7, 2020, the later-filed and related action, The North River Insurance Company v. Camino R...

Excerpt: ...one, pursuant to CCP § 2031.310. CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that his 2018 Nissan Sentra vehicle suffers from Transmission Defects, and Def...

Excerpt: ... 11/26/19, Plaintiffs filed the instant action alleging that Savella Bradfor, a Trustor of the Bradford Family Living Trust, had an oral agreement with Plaintiff Della Earls to allow her to live out the remainder of her life at the property Savella died in June 2016. Defendants are the Trust and Co-Trustees. Plaintiffs own 25% of the beneficial interests in the Trust. Defendant Weber understood and stated that she would comply with Savella's inst...

Excerpt: ...2.) COH alleges that Lacy defrauded it by having his agent, NEXT MANAGEMENT, LLC (“Next”), demand that COH pay Next instead of paying Lacy directly. (FAC ¶¶36-38.) On January 31, 2020, the DLSE served its Order awarding Lacy $126,999 in waiting-time penalties. (Lacy SS No. 33.) On February 13, 2020, COH timely appealed from the DLSE Order (Case No. 20LBCP00044) (“Long Beach Case”). On March 9, 2020, this Court deemed the instant case an...

Excerpt: ...A. AUGUST as Trustee of the Joseph A. August Trust Dated June 8, 2007's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED with 15 days leave to amend. IV. Defendant/Cross-Complainant JOSEPH A. AUGUST as Trustee of the Joseph A. August Trust Dated June 8, 2007's Motion to Strike Portions of Plaintiff's First Amended Complaint is GRANTED with 15 days leave to amend. V. Intervenor SCOTTSDALE INSURANCE COMPANY, on behalf of its insured, CR...

Excerpt: ...intiff ZORRO was the true and rightful owner of certain commercial property located at 8653 S. Atlantic Ave., South Gate, CA 90280 (the ‘Subject Property'). [¶] In or around 2002, due to potential litigation Plaintiff was mired in at the time, Plaintiff and Defendant SHIH orally agreed to enter into an agreement wherein Defendant SHIH agreed to hold the Subject Property in his name for Plaintiff's benefit. [¶] Plaintiff and Defendant SHIH agr...

Excerpt: ...t to set the following claims for bench trial: (1) Specialty's cross-claim for declaratory relief; (2) Samarin's cross-claim for declaratory relief; and (3) Plaintiff/Cross-Defendant FARZAD KOHANBASH's (“Kohanbash”) unclean hands defense. The Moving Parties move to have the aforementioned equitable claims and issues heard first. In Opposition, Kohanbash first argues that the Moving Parties are not entitled to a bench trial because Kohanbash i...

Excerpt: ...nd Tire Superstores, LLC, by joinder)'s motion for order requiring Plaintiff to furnish security pursuant to Corp. Code § 17709.02(b) and (c) is DENIED. Plaintiff to give NOTICE. Defendant Tchaghlassian and Hye, LLC moves for an order requiring Plaintiff to furnish security pursuant to Corp. Code § 17709.02. TIMELINESS: “In any action referred to in subdivision (a), at any time within 30 days after service of summons upon the limited liabilit...

Excerpt: ...ase, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not suffic...

Excerpt: ...ia-Martinez's electrocution by high voltage power lines while painting a building located at 4633 South Downey Road, Vernon, California owned by Defendant 4633 Downey Acquisitions, LLC. At the time of the accident, Plaintiff was working for Best Restoration Services, Inc. Plaintiff's complaint asserts causes of action for: 1) Premises Liability (v. 4633 Downey) 2) Dangerous Condition (v. City) On 6/7/18, Defendants filed their Cross-Complaint aga...

Excerpt: ...ff sustained injuries from falling off a commode. She was discharged on 12/31/17. The SAC asserts a single cause of action for Professional Liability. Merits A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) Defendant contends that the sole cause of action for Me...