Excerpt: ...tability; (3) Breach of Implied Warranty of Fitness for a Particular Purpose; and (4) Negligent Interference with Prospective Economic Advantage. On July 29, 2022, this Court granted leave for Intervenor Zurich (“Intervenor” or “Zurich”), as insurer for Defendant C&F Foods, to file a Complaint in Intervention and Zurich filed its Complaint in Intervention, on the same day. On September 12, 2023, Intervenor filed the instant Motion for Pro...

Excerpt: ...e (“CC”) and Does 1 through 20 inclusive, for work done in the home regarding concrete tiles. The Complaint alleges six causes of action: (1) Breach of Contract; (2) Negligence; (3) Fraud and Deceit; (4) Intentional/Negligent Misrepresentation; (5) Violation of Business and Professions Code Section 17200 et seq.; and (6) Breach of the Covenant of Good Faith and Fair Dealing. On March 29, 2023, Plaintiff filed a FAC to include Studio Palomino ...

Excerpt: ...as filed approximately 245 lawsuits alleging violations of construction-related accessibility standards. (Complaint ¶¶23-24.) Plaintiff asserts the following causes of action: (1) Violation of the Unruh Civil Rights Act; and (2) Violation of the Disabled Persons Act. On July 7, 2023 Defendant/Cross-Complainant HECTOR TRUJILLO (Cross-Complainant”) filed a Cross- Complaint (“XC”). On September 6, 2023, Cross-Defendants ANTONIO FERNANDEZ; MA...

Excerpt: ... to proceed with this litigation by granting permission to serve Does 1 and 2. On April 21, 2023, Good Shepherd Bible Church and Sharon Lynn Gamboa were served (as Doe 1). Subdivision (i) of CCP §340.1 sets forth the requirements for service of a Childhood Sexual Assault action: “(i) In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has rev...

Excerpt: ..., 2023, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) 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 betw...

Excerpt: ...10:30 a.m. in Dept. SE-C. III. On the Court's own Motion, the Motion of Laura Corona to be Deemed Successor in Interest is ADVANCED from March 12, 2024 to this date and CONTINUED to Thursday, December 7, 2023 at 10:30 a.m. in Dept. SE-C. Opposition and Reply papers may be filed and served per Code in accordance with the new hearing date. Court Clerk to give Notice. The Court will review and consider the untimely Opposition filed by Defendant GUAD...

Excerpt: ... April 5, 2021, Plaintiff entered into a warranty contract with Ford regarding a 2018 Ford EcoSport. (Complaint ¶7.) The warranty contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranty, etc. (Id. ¶8.) Defects and nonconformities manifested themselves within the applicable express warranty period which substantially impaired the use, value, or safety of the Subject V...

Excerpt: ...ff's Application for Writ of Possession for noticed hearing, and provided a briefing schedule. Background This action for breach of contract was filed by Plaintiff SENIOR OPERATIONS LLC (“Plaintiff”) on April 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before impleme...

Excerpt: ...Equity Smart and Pablo Martinez for breach of contract. Equity Smart filed a Cross-Complaint against Plaintiff alleging breach of contract, interference, conversion, and unfair business practices for alleged violation of an exclusivity contract signed by Plaintiff in March 2019. Legal Standard 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...

Excerpt: ...ound that the claims fail to state facts sufficient to constitute a cause of action. Plaintiff James Cisneros alleges that Defendants breached a written contract to utilize certain timeshare units allotted under the January 20, 2004 contract for paid premiums. The Complaint asserts causes of action for: 1. Breach of Contract 2. Common Counts Request for JUDICIAL NOTICE is granted as to Exs. 3-4, and DENIED as to Exs. 1-2. (Evidence. Code § 452 a...

Excerpt: ...o the 7 th – 8th causes of action is OVERRULED. II. Defendants M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC's motion to strike is GRANTED as to general, special damages, punitive damages, and treble damages in the 6 th cause of action. The Clerk is ORDERED to insert the word “restitutionary” before the word “disgorgement” at ¶ 128. As amended, the motion to strike disgorgement allegations is DENIED. Opposing Parties to give...

Excerpt: ...the ground that it fails to state facts sufficient to constitute a cause of action. Plaintiff Luis Oscar Guerrero Mejia alleges that on June 27, 2019, Plaintiff purchased a 2019 Chevrolet Silverado, having VIN No.: 1GCRWCED9KZ22025. (Complaint, ¶ 4.) Plaintiff's vehicle suffers from transmission defects. (Id., ¶ 13.) Based thereon, the Complaint asserts causes of action for: 1. Violation of Song-Beverly – Breach of Express Warranty 2. Violati...

Excerpt: ... and Golden Den Corp. move for summary judgment or alternatively, summary adjudication pursuant to CCP § 437c. This action arises out of seven promissory notes entered into between 2002 and 2008, between the lender, 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...

Excerpt: ...s' child at one of Defendant's facilities. Legal Standard 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 agreement covers the controversy or controversies in the parties' dispute.¿(Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) A party moving to compel arbitration has the burden of establishing the existence of a valid agre...

Excerpt: ... was having difficulty making mortgage payments on her home and met Defendant, a purported realtor, who represented she could help Plaintiff modify her loan. Instead of doing so, they agreed that Defendant would move into the residence and pay rent in an amount equal to the mortgage. Plaintiff moved out of the residence and eventually found another realtor to help her sell the property. Unbeknownst to Plaintiff, a grant deed was recorded which tr...

Excerpt: ... Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021 the operative First Amended Complaint (“FAC”) was filed. The FAC alleges that on January 24, 2019, Plaintiff was on the driveway of her residence, and while exiting the driver's side of her vehicle, she was physically attacked by Doe 1, who was under the care and custody of Defendants Inclusion Services, LLC ...

Excerpt: ...2. On February 24, 2023, the operative First Amended Complaint (“FAC”) was filed. In the FAC, Plaintiff alleges that this action stems from a landlord-tenant disagreement pertaining to rental payments. “Plaintiff did enter into a rental contract… with Defendants…. Whereafter, plaintiff… tendered, the required amount of U.S. currency, to commence residing on the premises…. The records clearly show that plaintiff, made rental payments...

Excerpt: ...nt (“FAC”) was filed. On February 24, 2023, the subject Cross-Complaint (“XC”) was filed by Defendants/Cross-Complainants L.A. GRAND CLOTHING INC.; SSS APPAREL INC.; GUILBERT TEX, INC.; SM CLOTHING INC.; and SIAMIAK OKHOVAT, individually and as trustee of The Okhovat Revocable Family Trust, Dated May 12, 2004 (collectively ‘Cross-Complainants'). The Cross-Complaint alleges the following relevant facts: “The claims brought by [Cross-De...

Excerpt: ... for Production (set four) and monetary sanctions. Plaintiff's Motion is joined by Plaintiffs Giselle, Belgyn, and Kiani. Defendant's counsel, Arthur Preciado and Kristina Stephenson-Cheang of Gutierrez, Preciado & House, LLP, moves to be relieved as counsel for Defendant, Los Angeles Unified School District (Defendant). Background This is a sexual abuse of a minor case against Defendant's former employee, Defendant Hector Rodriguez. Plaintiffs, ...

Excerpt: ... Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Legal Standard 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).) Meet and Confer The parties have adequat...

Excerpt: ...of Business and Professional Code § 17200, and Unjust Enrichment against Defendant for the alleged unauthorized sale of its products. Plaintiff alleges that a shipment of its products went missing in May 2022. Plaintiff later discovered that Defendant was selling the missing products through its own Amazon Storefront. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that t...

Excerpt: ... injury (motor vehicle) action was filed on January 27, 2021. Plaintiff moves to compel Defendants Charter Communications, Inc.'s (Defendant) further responses to Requests for Production. Evidentiary Objections Plaintiff's objections Nos. 1-6 are overruled. Legal Standard With certain exceptions not applicable here, a client “has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between clie...

Excerpt: ...�) alleges that on July 28, 2020, Plaintiff Lunney had surgery to implant artificial materials to correct one leg being shorter than the other. (FAC, ¶¶ 16-23.) Revision surgery was performed on January 28, 2022. (Id., ¶ 31.) “However, KUMAR was unable to install the spacer due to a fault in the previously installed Implant device… the Implants, specifically the Arcos device, could not be disassembled in order to add the custom spacer devi...

Excerpt: ...YF5H97GB056062 (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “brakes, transmission, and engine” defects. (Id., ¶ 16.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate betwe...

Excerpt: ...purchased a used 2021 Nissan Sentra, VIN: 3N1AB8CV9MY290676 (Complaint, ¶ 8.) Plaintiff alleges that the vehicle suffers from an Emergency Braking Defect. (Id., ¶ 2.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Fraudulent Inducement – Intentional Misrepresentation 3. Fraudulent Inducement – Concealment 4. Negligent Repair Arbitration Agreement Parties may ...