Excerpt: ...plaint against Defendant National Trench Safety, Inc. (Defendant) for violations of the Labor Code. Plaintiff now seeks approval of the PAGA Settlement and Release. Legal Standard “The superior court shall review and approve any settlement of any civil action filed pursuant to this part.” (CCP § 2699(l)(2).) “Because many of the factors used to evaluate class action settlements bear on a settlement's fairness— including the strength of t...

Excerpt: ...ne of Defendant Ford Motor Company's (Defendant) dealerships on February 25, 2018. Plaintiff filed a complaint alleging violations of the Song-Beverly Act, breach of the implied warranty of merchantability, and fraud. Plaintiff alleges that the complaint is subject to “any statutes of limitation applicable to Plaintiff's claims- including, without limitation, the express warranty, implied warranty, and negligent repair – the running of the li...

Excerpt: ...ho, Manuel Camacho and Monica Selanikio move to set aside entry of default and default pursuant to CCP §§ 473 and 473.5. This is an action for Quiet Title filed by Plaintiff William Gonzalez relating to property that is 10,108 square feet located in the City of Pico Rivera. (Complaint, ¶ 9.) Defendant ANGELO JONES is the record owner of certain property located at 6411 Silverette Dr, Pico Rivera, CA (Id., ¶ 11), which adjoins Plaintiff's prop...

Excerpt: ...��) and Krystle Brewster move to compel arbitration pursuant to CCP § 1281.2. As an initial matter, the Opposition was filed LATE. However because Defendants were able to file a Reply, the court will consider the arguments on the merits. This is an employment action brought by Plaintiff Sagrero against Plaintiff's employer, Defendant Bergen Shippers Corp. and co-employees Cristal Doe and Christian Doe for Disability Discrimination. The Complaint...

Excerpt: ...ender, Plaintiff Olaes and the borrowers, Defendants David Kim, RD Restaurant Group, Inc. and Golden Den Corp. in the sum of $2,998,814.00. (Complaint, ¶¶ 8, 24, 27.) Based thereon, the Complaint asserts causes of action for: 1. Breach of Contract 2. Common Counts STANDARD “A plaintiff… has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling th...

Excerpt: ...tute. (CCP § 489.220.) Moving Party to give NOTICE. This is an action for breach of equipment lease in the sum of $70,446.83. The Complaint asserts causes of action for: 1. Breach of Lease Agreement 2. Breach of Guaranty 3. Account Stated 4. Claim and Delivery I. Writ of Possession Plaintiff Financial Pacific Leasing, Inc. applies for a writ of possession pursuant to CCP § 512.010 et seq. Notice Prior to the hearing, the defendant shall be serv...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except 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 §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...ee simple owner of the Subject Property located at 11431 Asmussen Ave., Norwalk, CA 90650. (Complaint ¶¶7-8.) “In early 2010, TAFOLLA was afflicted with breast cancer and was concerned that she may die…. [¶] Due to the fact that CARMEN was not willing to hold title to the SUBJECT PROPERTY on behalf of TAFOLLA, CARMEN enlisted the help of daughter and TAFOLLA'S granddaughter, DUNCAN. DUNCAN through CARMEN agreed to hold a 50% title interest...

Excerpt: ...TORS LLC (“Defendant” or “GM”) did not disclose and actively concealed a defective high voltage battery pack affecting Plaintiff's 2020 Chevrolet Bolt vehicle. (See Complaint ¶¶8-36.) Plaintiff's Complaint asserts the following causes of action: (1) Fraud Concealment and Misrepresentation; (2) Negligent Misrepresentation; (3) B&P Code §17200; (4) Violation of Song- Beverly Act (Breach of Express Warranty); (5) Violation of Song-Beverly...

Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...

Excerpt: ... infestation, defective doors, defective plumbing, defective electrical wiring, mold, and the carpet needed replacement. The FAC asserted causes of action for: (1) Breach of Warranty of Habitability; (2) Specific Performance of Negligent Maintenance of Premises; (3) Nuisance; (4) Order Abating a Nuisance; (5) Intentional or Reckless Infliction of Mental Distress; (6) Breach of Covenant of Good Faith and Fair Dealing; (7) and Order Restraining Unl...

Excerpt: ...ch caused damages at a property located at 9949 Winfield Avenue, Whitter, California 90603 (the Property). On June 6, 2022, Plaintiff Fire Insurance Exchange (Plaintiff) filed a complaint against Defendant for subrogation for negligent damages to property. It alleges that Plaintiff was the insurer of the Property, that Defendant negligently caused damage to the Property, and Plaintiff paid the Property owner $269,419.74 for the damages alleged to...

Excerpt: ...itaker (Plaintiff) brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the California Disabled Persons Act (CDPA). Plaintiff uses a wheelchair for mobility and alleges he visited Defendant's store located in Bellflower and observed a violation of the Americans with Disabilities Act concerning a path of travel within the store. Plaintiff's Complaint alleges two causes of action: (1) violation of Unruh...

Excerpt: ...District of Delaware, Case No. 20-10343 have been resolved, pursuant to CCP § 128(a)(8). Plaintiff's John Doe and John Doe OQ are brothers who filed two separate actions, which were subsequently consolidated against Defendant The Salvation Army alleging sexual abuse by Paul Fanning, a former officer in The Salvation Army, between 1991 and 1995. At the time Plaintiffs interacted with Fanning, he was also the leader of their Boy Scout troop. In th...

Excerpt: ...IS purchased a 2019 Nissan Altima, having VIN No. 1N4BL4BV6KC175893. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “defects causing the Subject Vehicle to stall out when sitting a stop for less than a minute; defects causing the Forward Emergency Braking (“FEB”) system to falsely engage or otherwise not work as intended; defects causing the Subject Vehicle to detect non-existent obstacles, thereby automatically triggering the br...

Excerpt: ...OS purchased a 2019 Nissan Pathfinder, having VIN No. 5N1DR2MN9KC592097. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, transmission, engine, electrical, structural, suspension, steering, and emissions system defects.” (Id., ¶ 10.) Based thereon, the Complaint asserts causes of action ...

Excerpt: ...ceedings pursuant to CCP § 1281 et seq. Complaint On April 12, 2019, Plaintiff MARIA RAMIREZ DE DELGADO leased a new 2019 Nissan Altima, VIN: 1N4BL4BV8KN324292. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had a Continuously Variable Transmission (“CVT”) defect, and attempts to repair the vehicle failed to cure the defects. (Id., ¶¶ 11, 77.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverl...

Excerpt: ...ney's fees prior to the appeal in the amount of $129,820.00, and for an award of attorney's fees in connection with the appeal in the amount of $18,565.00. Prevailing Party CCP § 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determ...

Excerpt: ...g relevant facts: “Plaintiff started working for Defendant in or around September 2011 as a Barista Manager….. Plaintiff's work performance was consistently above expectation as she was a top performer according to her performance reviews.” (Complaint ¶8.) “At the time of her termination, on September 3, 2020, Plaintiff was around 56 years old, while Defendant hired and retained predominantly employees in their 20s and 30s. [¶] Plaintif...

Excerpt: ...ULED in part and SUSTAINED without leave to amend in part. IV. Defendant MANOLITO FIDEL, M.D.'s Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED. Opposing Party to Give Notice. The parties' Requests for Judicial Notice are GRANTED. (Cal. Ev. Code §452.) This dependent abuse/neglect action was filed by Plaintiff JANE DOE (“Plaintiff”) on May 7, 2019. On March 7, 2023, the operative Second Amended Complaint (“SAC�...

Excerpt: ...rike punitive damages, improper matters, and attorney's fees allegations pursuant to CCP §§ 435, 436, and 437. Plaintiffs Cindy Mora, Hans Torres, Christina Pantoja, Gyselle Plascencia, Joe Mora, Jose Medina, Angelina Ybarra, and Justo Lopez, Jr. allege that Defendant Pico Rivera Fashion Park LP failed to provide Plaintiffs a habitable dwelling. The Complaint asserts causes of action for: 1. Failure to Provide Habitable Dwelling 2. Breach of Co...

Excerpt: ...iff filed a complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2021 Chevrolet Silverado. Plaintiff alleges that his 2021 Chevrolet Silverado vehicle suffers from connectivity system, engine, transmission, and display systems defects and Defendant has been unable to repair the vehicle within a reasonable number of attempts. Legal Standard CCP §...

Excerpt: ...roceedings pursuant to CCP § 1281 et seq. Background On February 26, 2020, Plaintiff Erik Clarke entered into a Retail Installment Sales Contract (RISC) to finance the purchase of a 2019 Ford F-150 from Defendant Caruso Ford (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 27, 2022, Plaintiff filed a Complaint against Defendants Ford Motor Company (“FMC”...

Excerpt: ...INC.; and COMPLETELY FRESH FOODS, INC.'s Motion to Strike Portions of Plaintiffs PABLO ALABARRAN and VANESSA ALABARRAN's Complaint is MOOT. Moving Party to give notice. This personal injury action was filed on January 6, 2021. On November 16, 2022, the Subject Complaint was filed by Plaintiffs PABLO ALABARRAN and VANESSA ALABARRAN (collectively “Plaintiffs”). Plaintiffs allege the following relevant facts: Plaintiff Pablo Albarran was an empl...

Excerpt: ...by Plaintiff TESUS, INC. (“Tesus”) on October 18, 2021 against Defendant LBA RV-COMPANY XCVIII, LP (“LBA”). The operative First Amended Complaint (“FAC”) was filed on November 23, 2021. Tesus alleges that LBA breached the monthly commercial lease agreement between the parties by: (a) Failing to appropriately distribute operating expenses payments paid by Plaintiff to Defendant pursuant to the commercial lease agreement (the ‘Lease')...

Excerpt: ...tempts to repair the vehicle failed to cure the defects. On December 16, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant now seeks to compel arbitration under the Lease and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agre...

Excerpt: ...ion against Defendants Miguel Pantoja (Pantoja) and Healing Therapy Spa, Inc. (Healing Therapy) (collectively Defendants), asserting causes of action for (1) gender violence, (2) sexual battery, (3) assault, (4) battery, (5) intentional infliction of emotional distress, and (6) negligence. The Complaint alleges the following: on or about February 23, 2018, Plaintiff went to get a massage at Healing Therapy. Defendant Pantoja (her masseur) raped h...

Excerpt: ... but have not, been joined are entitled to move to abate the action.” (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 77.) “The heirs need not be joined— and, indeed, cannot be joined—in a wrongful death action brought by the personal representative of decedent's estate because, in that case, the personal representative is suing on behalf of all the heirs [citations].” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial...

Excerpt: ... furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. The defendant bears the initial burden of showing that the plaintiff's claim is based on an act of defendant in furtherance of his right to free speech and, thus, falls within the class of suits subject to a motion to strike under CCP section 425.16.¿(Fox Searchlight Pictures...

Excerpt: ... (also spelled “Mackara Tran”) filed suit against Metro Home Design and Construction, d.b.a. M H Design and Construction (“Defendant MH”) and Mansour Moravej (“Defendant Moravej”, collectively, “Defendants”) alleging five (5) causes of action stemming from a home improvement contract: 1. Breach of Contract 2. Violation of Business and Professional Code § 7159 and Enforcement of Business and Professional Code § 7160 3. Disgorgeme...

Excerpt: ...023, Defendant moved to compel arbitration. Plaintiffs allege that on September 18, 2022, Plaintiffs purchased a 2020 Hyundai Kona, bearing the Vehicle Identification Number of KM8K33A58LU415037 (the “Subject Vehicle”). (Complaint ¶ 9.) Express warranties accompanied the sale of the Subject Vehicle to Plaintiffs by which Hyundai Motor America undertook to preserve or maintain the utility or performance of Plaintiffs' vehicle or to pay if the...

Excerpt: ...or recovery of attorney's fees and costs for the prevailing party in any action on a contract, where the contract specifically provides for attorney's fees and costs. Similarly, Civil Code § 5975(c) provides that in an action to enforce governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. On January 24, 2022, Plaintiff Benton Bay Homeowners Association filed this action against Gretchen A. Mos and Tyle...

Excerpt: ...nant of good faith and fair dealing, (4) breach of implied warranty of plans and specifications, (5) lost bonding capacity, and (6) wrongful termination. On November 1, 2022, this Court sustained Defendant's demurrer to the third and sixth causes of action. On November 15, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) violation of California Civil Code for Prompt Payment Act, (3) breach of...

Excerpt: ... filed the operative Second Amended Complaint (“SAC”). The SAC 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 c...

Excerpt: ... furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. The defendant bears the initial burden of showing that the plaintiff's claim is based on an act of defendant in furtherance of his right to free speech and, thus, falls within the class of suits subject to a motion to strike under CCP section 425.16.¿(Fox Searchlight Pictures...

Excerpt: ...ies to give notice. Plaintiff's Complaint alleges that on April 30, 2020, Plaintiff was admitted to College Medical Center following a WIC §5150 hold. Plaintiff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly punched Plaintiff's face and body. Plaintiff has a history of manic depression. (...

Excerpt: ...t (RISC) to finance their purchase of a 2019 Nissan Kicks vehicle from Downey Nissan (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 4, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and fraud. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreemen...

Excerpt: ...e action at law, the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) T...

Excerpt: ...ucios (Plaintiffs) entered into a Retail Installment Sales Contract (RISC) to finance their purchase of a 2020 Nissan Sentra from Defendant Nissan of Alhambra (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On January 12, 2023, Plaintiffs filed a Complaint against Defendant alleging violation of Song-Beverly Act and fraud against and negligent repair against the Dealer...

Excerpt: ...ts in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) The court also retains a separate, lim...

Excerpt: ... at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) The court also retains a sep...

Excerpt: ...ons in the total amount of $2,137.50. Moving Party to give Notice. Opposition On May 8, 2023, Plaintiff's counsel filed a two-page opposition memorandum and a three-paragraph declaration, claiming that he was not served with the instant motion prior to the original scheduled hearing date on May 16. On that basis, the court continued the May 16 hearing to this date, June 13, to allow for proper service. Defense counsel served plaintiff's counsel e...

Excerpt: ...erly Act – Breach of Express Warranty, Fraudulent Inducement – Intentional Misrepresentation, and Fraudulent Inducement – Concealment, in connection with a vehicle purchased on August 8, 2019. Defendant Nissan filed this motion to compel arbitration on January 12, 2023. Plaintiffs have not opposed the motion and no opposition is in the Court's files for this action. Defendant Nissan filed a reply on June 6, 2023. Analysis Legal Standard Par...

Excerpt: ...f implied warranty of merchantability under the Song- Beverly Consumer Warranty Act; and (2) breach of express warranty under the Song-Beverly Consumer Warranty Act. On March 24, 2023, Defendant filed this instant motion for summary judgment, or in the alternative summary adjudication. On May 30, 2023, Plaintiff opposed. As of June 8, 2023, no reply has been filed. Requests for Judicial Notice The Court GRANTS Defendant's request for judicial not...

Excerpt: ... America, Inc. formerly known as Kia Motors America, Inc., asserting the following causes of action: (1) Breach of Written Warranty Pursuant to the Magnuson-Moss Warranty Act Manufacturer; (2) Breach of Implied Warranty Pursuant to the Magnuson-Moss Warranty Act Manufacturer; (3) Song-Beverly Consumer Warranty Act under California Civil Code sections 1793.2 and 1794(c); and (4) Song-Beverly Consumer Warranty Act under California Civil Code sectio...

Excerpt: ...es and costs from the cross-complaint on the basis that Cross-Complainants' have alleged no statutory or contractual basis for such an award. Background On June 15, 2021, Ju Eog Choi (“Ju Eog”) and Jae Hoon Park (“Jae Hoon”) (collectively Plaintiffs or Cross-Defendants) sued Heseon Park (“Heseon”) and Seung Jun Park (“Seung Jun”) (collectively Defendants or Cross-Complainants) for fraud, elder abuse, quiet title, cancellation of d...

Excerpt: ...019 Mercedes-Benz C Class, VIN: 55SWF8DB2KU294717, ("the Subject Vehicle”). The terms of the express warranty are described in full in Exhibit 1.” (Complaint, ¶ 14.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission.” (Id., ¶ 15.) “The nonconformities substantially impair the use, value and/or safety of the Subject Vehicle.” (Id., �...

Excerpt: ...Ford Inc., (“Defendant”). The Complaint asserts three causes of action: 1. Violation of Song-Beverly Act – Breach of Express Warranty 2. Violation of Song-Beverly Act – Breach of Implied Warranty 3. Negligent Repair On February 14, 2020, Plaintiff purchased a Ford F-150 vehicle and entered into a warranty contract with Ford. (Complaint, ¶ 15.) During the warranty period, defects developed, and Plaintiff then took his vehicle to authorize...

Excerpt: ...violations of statutory obligations. The causes of action alleged in the Complaint are as follows: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of the Implied Warranty of Merchantability; (5) Negligent Repair against Defendant Central Ford; and (6) Violation of the Magnuson-Moss Warranty Act...