Excerpt: ...eras and Danilo Visperas filed the instant suit against Defendant General Motors. The Complaint asserts a cause of action for Violation of the Song-Beverly Act Section 1793.2. On September 7, 2023, Plaintiff filed a Notice of Settlement of Entire Case. Legal Standard Attorney's fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) In a lemon law action, costs and expenses, including...

Excerpt: ...levant facts, as alleged, are as follows: “Defendants became indebted to plaintiff Caltex Plastics in the amount of $126,406.89 as of July 28, 2022. [¶] On September 19, 2022 in Los Angeles, California, an account was stated in writing by and between plaintiff and defendants and on such statement a balance of $89,738.25 was found due to plaintiff from defendants. Defendants agreed to pay interest on unpaid balances at the rate of 1.5% per mont...

Excerpt: ...Plaintiff THEE AGUILA, INC. (“TAI” or “Plaintiff”) on December 7, 2022. On August 8, 2023, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Commencing in 2002, TAI became the fee simple owner of commercial real estate located at 8825 Washington Blvd., Pico Rivera, California 90660….The Property consisted of a 34,000 square foot building used as a nightclub, restaurant and banquet venue....

Excerpt: ... Code §452.) Background This action arises out of Plaintiffs' purchase of a 2021 Hyundai Sonota vehicle. Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On April 21, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant HYUNDAI MOTOR AMERICA. (“Defendant” or “Hyundai”) now see...

Excerpt: ...ged defects of the 2022 Forest River recreational vehicle they purchased from Mike Thompson Recreational Vehicles in Santa Fe Springs, California. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (Code Civ. Proc., §410.30.)...

Excerpt: ...024 when the Limited Protected Party Injunction of the reorganization plan of the Boy Scouts of America ends. Defendant Charles Drylie joins the City of Whittier's motion. Legal Standard Trial courts have the inherent power to stay proceedings to promote justice and judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Requests for Judicial Notice Plaintiff requests judicial notice of the following under Evide...

Excerpt: ... fire ignited at the subject property. Pl aintiff/Cross-Defendant seeks compensation for the resulting property damage and loss of rental income. Defendant/Cross -Complainant seeks compensation for abatement of rent on the grounds that Plaintiff/Cross -Defendant did not repair the subject property f ollowing the fire. Defendant/Cross -Complainant seeks summary adjudication of the breach of lease and constructive trust causes of action in its cros...

Excerpt: ...led his complaint in Los Angeles Superior Court on October 22, 2020. (Jacobsen Decl. ¶ 2, Ex. A.) The complaint alleges nine causes of action: assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, vio lations of Civil Code sections 51.7 and 52.1, negligence, negligent hiring, and negligent supervision. ( Id.) The complaint originally named ten defendants, consisting of two corporate entities and eight ...

Excerpt: ...“Rios”), Excellence RE Real Estate. Inc. (“ERRE”), and Does 1- 50, inclusive, alleging causes of action for 1) financial elder abuse, 2) breach of fiduciary duty, 3) actual fraud, 4) constructive fraud, 5) conversion, 6) recovery of payment from unlicensed contractor, and 7) money had and received. Default was entered against Defendants Rios and ERRE on April 15, 2022, and against Martin, 365 and MRI on February 23, 2023. During the inves...

Excerpt: ...ch have been reduced to claims for breach of contract and negligence. The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendant's demurrer to the first and third causes of action were sustained without leave to amend. All that remains are the second and fourth causes of action. It is undisputed that on February 13...

Excerpt: ...6, 2023, for violations of the Song -Beverly Consumer Warranty Act due to the purchase of a 2022 Grand Design Momentum on January 3, 2023. On February 14, 2024, Defendants filed a Motion for Leave to File a Cross- Complaint. As of March 15, 2024, no opposition has been filed to this motion. Legal Standard C.C.P. §426.30(a) provides, as follows: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and ser...

Excerpt: ...a and GRANTED as to Plaintiff Martha Cowan. Plaintiffs to give notice. This is a wrongful death action arising out of the death of Decedent Sofia Barraza (“Decedent”) on June 11, 2022. Plaintiffs Carlos Barraza and Martha Cowan are the Children of Sofia Barraza. On August 15, 2023, Plaintiffs Carlos Barraza and Martha Cowan, and the Estate of Sofia Barraza (“Plaintiffs”) filed their First Amended Complaint (“FAC”) against Defendants N...

Excerpt: ... or around August 11, 1992, Elvira Vargas [mother of Plaintiff and Defendant] and Plaintiff CARLOS S. VARGAS, JR. obtained title to the Subject Property as joint -tenants.” (Complaint ¶8.) “However, in or around September 24, 2019, Elvira Vargas affi rmatively severed the joint tenancy between herself and Plaintiff CARLOS S. VARGAS JR. and conveyed her 50% interest in the Subject Property to herself, in her capacity as the Trustee of the Elv...

Excerpt: ...NTED. On January 30, 2024, this Court issued an Order stating: “With respect to All -Ways Far East, LLC and All - Ways Forwarding International, Inc., they are not registered to do business in the state of California. Nor are they necessary parties to this action. Accordingly, those entities are dismissed from this action and are stricken from the complaint…. [¶] Accordingly, Rialto Pacific, LLC f/k/a All -Ways Pacific, LLC is ORDERED to fil...

Excerpt: ...D, LLC (“Lone Oak”) on October 24, 2023. On November 2, 2023, Lone Oak applied ex parte to vacate default and dissolve the TRO. Proceedings were continued several times due to an automatic stay following bankruptcy proceedings involving Defendant Jose Gonzalez. The stay has now been lifted. Lone Oak moves to set aside the default under CCP §§473(d) and 473.5. CCP §473(d) At any time, “[t]he court…may on motion of either party after not...

Excerpt: ... LLC (collectively “Plaintiffs”) filed the operative First Amended Complaint (“FAC”) against Defendants EXPERIOR TRANSPORT & POLMAX, LLC (“Experior”) and TBI EXPRESS, LLC (“TBI”). The FAC asserts claims for breach of contract and breach of guaranty against TBI and Experior. The FAC alleges that “[o]n or about February 19, 2016, Plaintiff and Experior entered into written lease agreement…. The Lease was for a term of five (5) y...

Excerpt: ...to Compel Socal Imaging's Response to Business Records Subpoena is DENIED . V. Defendant CITY OF DOWNEY's Motion to Compel Third -Party Robertson Surgery Center's Response to Business Records is DENIED. VI. Defendant's Motion to Compel Third -Party PT -RN CARE's Response to Business Records is DENIED . Plaintiff to give notice. Defendant CITY OF DOWNEY (“Defendant”) issued subpoenas on various medical providers, including: Samimi Orthopaedic ...

Excerpt: ...creational Vehicles, Colton, Inc.; and Ford Motor Company, Inc. Plaintiffs allege breach of express war ranty, breach of implied warranty, violation of Business and Professions Code section 17200, and negligent repair. The other defendants filed a joinder to this motion. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, th...

Excerpt: ...ction on behalf of himself individually and all other aggrieved employees employed by defendant Duncan Industries, Inc. Plaintiff alleges Defendant violated the followi ng wage-and -hour Labor Code provisions: (1) failing to pay all wages; (2) failing to provide meal periods or pay compensation; (3) failing to authorize or permit rest breaks or pay compensation; (4) willfully failing to provide itemized wage statements; (5) and failing to pay all...

Excerpt: ...his is a real property dispute. Plaintiff Blanca E. Ortiz seeks leave to file a first amended complaint. Leave to Amend Courts have a strong policy of allowing motions for leave to amend. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend….” ( Morgan v. Super. Ct. (1959) 172 Cal.App.2d 527.) A court can deny leave to amend after long, inexcus...

Excerpt: ...6,946.00 for 123.2 hours of legal work. Prevailing Party In a contract action, the prevailing party is the party who recovered greater relief in an action “on the contract.” (Civ. Code, § 1717, subd. (b)(1).) In the present case, there is no dispute that Defendant and Cross- Complainant is the prevailing party in the action and is entitled to attorney fees. Thus, the only question to be determined by this motion is the amount of the award. R...

Excerpt: ... at 9:30 a.m. in Department SE-C. III. Defendant's Motion to Compel Further Responses to Requests for Production is CONTINUED to Tuesday, May 21, 2024 at 9:30 a.m. in Department SE-C. Defendant to give notice. Background This case involves a March 17, 2021 collision of two sanitation trucks in the driveway of a landfill in Santa Fe Springs, California. The truck owned by Defendant UNIVERSAL WASTE SYSTEMS, INC. (“Defendant”) drove into the rea...

Excerpt: ...dant Southern California Permanente Medical Group alleging that it was negligent in its medical care and treatment of Decedent, resulting in his death. Defendant Southern California Permanente Medical Group now moves generally for a Motion for Summary Judgment. Legal Standard The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their alle...

Excerpt: ... lemon law action. Plaintiff Lorena Quiroz (“Plaintiff”) filed her First Amended Complaint on August 8,2023. Plaintiff alleges that American Honda Motor Co., Inc. (“Defendant”) did not disclose and actively concealed defects involving transmission s affecting Plaintiff's 2019 Honda Odyssey. Plaintiff's FAC asserts the following causes of action: (1) Violation of Song - Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducemen...

Excerpt: ...notice. Plaintiff's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a lemon law action. Plaintiffs Juana Rodriguez Mendoza and Jose Alba Rodriguez (“Plaintiffs”) filed this action on July 12, 2023. Plaintiffs allege Defendant American Honda Motor Co., Inc. (“Defendant”)) did not disclose and actively concealed defe cts involving the Honda Sensing Defect affecting Plaintiffs 2023 Honda HR-V. Plaintiffs' Complaint ass...