Excerpt: ...roperty, including but not limited to uneven paving and loose rocks in the parking area, no safe transition from the parking area to the house, and no ramp in the parking area. Plaintiff presents that: (1) defendant Chris Wade (“Wade”) was the owner of the Property at the time of the incident, (2) defendant Patrick J. Hunt (“Hunt” and collectively “Defendants”) was responsible for maintenance of the Property at the time of the inciden...

Excerpt: ...o Structural”) and Leasing LLC TREQ (“Leasing LLC”) breached their duties to Plaintiff as (1) Franco was operating the vehicle in the scope of her employment with Pro Structural, and (2) Pro Structural and Leasing LLC retained Franco despite knowing of her unfitness to operate a vehicle and negligently entrusted the vehicle to her. Plaintiff claims damages as a result of the incident in the form of medical expenses and pain and suffering. O...

Excerpt: ...tiff further alleges she reported the bedbugs to the staff; checked out the next day; and later called to inform the manager, who refunded her stay. Plaintiff presents that a cleaning staff member informed her that the Premises had a previous problem with bedbugs. Plaintiff contends she sought medical treatment for her alleged bedbug injuries and discovered from online reviews that there was a previous bedbug infestation at the Premises. On Novem...

Excerpt: ...ted by Defendant.¿Plaintiffs allege that the Subject Vehicle was delivered with serious defects, including, but not limited to, structural, suspension, and transmission system defects. Plaintiffs allege that Defendant purposely concealed the defects pertaining to the Subject Vehicle. Plaintiffs contend that the Subject Vehicle had defects and nonconformities that manifested within the express warranty period and such defects and nonconformities ...

Excerpt: ...s have filed their individual allegations under one cause of action for Intentional Tort. On June 07, 2023, Defendant filed this Demurrer. On June 26, 2023, Plaintiffs filed their Opposition. On July 03, 2023, Defendant filed his Reply. ----- Legal Standard Standard for Demurrer – 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, co...

Excerpt: ... to preserve or maintain the utility or performance of the Subject Vehicle. Plaintiff further alleges that, since purchasing the vehicle, she has delivered the Subject Vehicle for repair to Defendant or its authorized repair facility(s) no less than three (3) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: front collision light illumination and malfunction warning light and rear ...

Excerpt: ...ntain the utility or performance of the Subject Vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs further allege that Defendant distributed more than 500,000 vehicles throughout the United States that were equipped with defective continuously variable transmissions (“CVT”) and the Subject Vehicle is one of the forementioned vehicles. Plaintiffs present that the CVT defect caused them to experien...

Excerpt: ...ely October 2018 to April 14, 2019. On June 15, 2020, Plaintiff filed her Complaint alleging two causes of action for (1) Negligence, and (2) Negligent Hiring, Training, Supervision, and Retention. On July 29, 2020, AVUHSD filed its Answer as well as a Cross-Complaint. The Cross-Complaint is for (1) Equitable Indemnity against Cross-Defendants De'Morion Harris (“Harris”), Tequella Koonce (“Koonce”), Semaj Howard (“Howard”), and Andrea...

Excerpt: ...'s vehicle. Plaintiffs further allege that Defendant Schneider National Carriers, Inc. (“Schneider” and with Gavrila “Defendants”) was the registered owner of the vehicle Gavrila was driving at the time of the incident. Esquivel presents that he sustained severe bodily injuries to his person and major damage to his automobile resulting from the incident and, as a result, has been unable to perform the duties of a married partner to Espino...

Excerpt: ...rcel of real property commonly known as 38022 Grant Drive, Palmdale, CA 93552 (the “Property”) in exchange for Plaintiff's payment of $315,00.00. Plaintiff further alleges that he paid MRGE Defendants the sum of $315,000.00 and, in reliance on the contract, he spent $145,000.00 improving the Property and found a tenant to pay rent from October 01, 2021 through September 30, 2026 at a rate of $2,375.00. Plaintiff presents the following issues ...

Excerpt: .... Specifically, on September 27, 2021, Plaintiff alleges that Downtown Renual, AMC-CA, Wylie, and Nieto negligently owned, operated, managed, and maintained the subject premises and, due to such negligence, Plaintiff sustained bodily injuries along with pain and suffering. Plaintiff further alleges that: (1) Downtown Renual, AMC-CA, Wylie, and Nieto willfully failed to warn of a dangerous condition; (2) Downton Renual and AMC- CA owned the proper...

Excerpt: ...utility or performance of the Subject Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiffs present that the Subject Vehicle was delivered with serious defects and nonconformities to the warranties and developed other serious defects and nonconformities to warranty including, but not limited to, the powertrain system defects, engine defects, transmission system defects, and other serious nonconformit...

Excerpt: ...ies to the warranty that manifested themselves within the applicable express warranty period; (2) Plaintiffs delivered the Subject Vehicle to one of Defendant's authorized repair facilities for repairs for the first time on or around March 16, 2022; (3) Defendant was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair attempts; and (4) Under the Song-Beverly Act, Defendant had an affirmativ...

Excerpt: ...period, including but not limited to the engine, and such defects and nonconformities impair the use, value, and/or safety of the Subject Vehicle. Plaintiff further presents that aforementioned defects and nonconformities render the Subject Vehicle not fit for the ordinary purpose for which such goods are used. Plaintiff states that he delivered the Subject Vehicle to an authorized GM repair facility and GM was unable to conform the Subject Vehic...

Excerpt: ...ltimately denied on May 21, 2018.i On November 18, 2018, Plaintiffs filed their imtial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)iNegligence, (2) Inverse Condemnation; (3) Public Nuisance; (4) Private Nuisance; (5) P...

Excerpt: ...y contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranv. Plaintiffs present that prior to purchase, they (1) reviewed the features and components of 2020 GMC Canyons on GM's website, (2) saw the window sticker affixed to the Subject Vehicle, and (3) discussed the Subject Vehicles' key features and components with GM's authorized sales representatives and neither the i...

Excerpt: ...he Song-Beverly Act. Plaintiff alleges that there were defects, malfunctions, and nonconformities that that rendered the Subject Vehicle unfit for the purpose for which it was used and that Plaintiff presented the Subject Vehicle to Defendants (unspecified) authorized repair facilities multiple times and substantially impair the use, value, and/or safety of the vehicle and Defendants violated the Song-Beverly Act by failing to conform the Vehicle...

Excerpt: ...ichard Mountjoy ("Richard" [1]), Earline Mountjoy ("Earline"), Gary Schaeffler ("Gary"), and Judy Schaeffler ("Judy" or, with Gary, "the Schaefflers")[2] allowed one of their pigs to escape off their property and run into the road. Decedent allegedly struck the pig, sustaining injuries, and was then struck by Defendant Oscar Anibal Amaya's ("Amaya") vehicle. Decedent passed due to the injuries sustained from this incident On February 24, 2020, th...

Excerpt: ...n or around December 2021, the forbearance ended. Plaintiff presents that he continued to make his regularly scheduled mortgage payments startmg in December 2021. Plaintiff contends that on or around August 2022, Defendant Nationstar Mortgage, LLC dba Mr. Cooper ("Defendant") stopped accepting payments from Plaintiff. Plaintiff alleges that over the next several months, he would regularly seek non-foreclosure alternatives from various agents of D...

Excerpt: ...laintiff presents that he was a passenger in the Ferrari, but did not give consent to the illegal race. Plaintiff further presents that the vehicle that Defendants were in was speeding and caused a collision unth the Ferrari and another third vehicle as Defendants' vehicle entered the lane of oncommg traffic. Plaintiff alleges that the collision caused severe injuries and Defendants fled the scene. On January 11, 2022, Plaintiff filed their Compl...

Excerpt: ...leges that Foothill Plaza and Igdaloff owed a duv ofreasonable care towards her and others and that duty was breached as the Premises contained a large exposed height differential that was not properly filled in and/or covered, and lacked signage and warnings and/or had improperly placed signage and warnings, resulting in Plaintiffs injuries. On November 17, 2021, Plaintiff filed her Complaint alleging three causes of action for: (1) Negligence a...

Excerpt: ...n Avenue F when she entered the intersection without stopping at her stop sign due to a dangerous condition on the roadway, causing the Subject Vehicle to broadside Houghton's vehicle. (Complaint, at 1.) The Subject Vehicle overturned and collided with a wooden electrical pole, causing the pole to collapse, on the northwest corner, before coming to rest on the adjacent dirt field. On May 19, 2020, Plaintiff filed her Complaint alleging three (3) ...

Excerpt: ...owned by Iulia and Raymond Joseph Wallace ("Raymond" and collectively "Defendants"). On March 23, 2021, Plaintiffs filed a complaint against Defendants alleging tvvo causes of action for Motor Vehicle and Negligence, and seeking exemplary damages against Julia. On May 4, 2021, Petitioner John Paclib Reyes ("Petitioner) filed a petition to approve the compromise of pending action on behalf of minor claimant Kayleen Reyes ("Minor Claimant'). Analys...

Excerpt: ...es; • Plaintiff was one ofthe people invited to the Premises; • At approximately 5:00 pm, Defendant negligently and without due care created a situation at the Premises that caused people to uncontrollably rush to leave the premises, creating a defective, unsafe, and hazardous condition (i.e., a trap); and • Plamtiff was walking up to the Premises when the aforementioned incident occurred, causing her to be trampled by the people that were ...

Excerpt: ...rain warranty. Plaintiffs further allege that Defendant 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. Plaintiffs present that the Subject Vehicle was delivered to them with serious defects and developed other serious defects and nonconformities to warranty including, but not limited to, transmission, electrical, structural, and susp...