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: ...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: ... 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: ...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: ... (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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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...