Excerpt: ...reno (Plaintiff) alleges Defendant violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2020 Honda Pilot manufactured by Defendant. They allege that Defendant knew about a sensing system defect and knew that the cooling system installed in Plaintiffs' vehicle had that defect. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the gr...

Excerpt: ...IED as MOOT. IV. Plaintiff's Motion to Deem Admitted the Truth of the Matters Stated in Requests for Admissions (Set One) is DENIED. No sanctions. Opposing party to give notice. Background Plaintiff Nichelle Harton (“Plaintiff”), along with her husband and children, lived in a single-family home owned by Defendant Nancy J. Jacobs (“Defendant”). Plaintiff alleges Defendant failed to properly maintain the property, resulting in substandard ...

Excerpt: ...Plaintiff sent Defendant his first set of RFPs to better evaluate their claims and adequately prepare for settlement or trial. (Lopez Decl., ¶ 3; Ex. A.) Generally, the requests at issue in this motion include requests seeking Ford's policies and procedures related to its compliance with the Song- Beverly Act. (Ibid.) The demand set the production of documents for thirty-days after the service of the RFPs. (Ibid.) On February 24, 2023, Ford serv...

Excerpt: ...evrolet Silverado 1500 (the “Subject Vehicle”) purchased and owned by Plaintiff ALFREDO DUARTE (“Plaintiff”). Since Plaintiff purchased it in November 2021, the Silverado has had repairs performed under the Warranty on just three occasions: (1) in March 2022 at 6,622 miles; (2) in August 2022 at 24,352 miles; and (3) in February 2023 at 30,244 miles. The first repair visit is the only visit that resulted in a Warranty repair before Plaint...

Excerpt: ...ions, Citizens paid the fee to Lacy's modeling agency which in turn paid Lacy. Lacy then filed administrative claims with the Labor Commissioner alleging that Citizens owed him $126,999 in waiting-time penalties because Citizens failed to pay him directly. Citizens filed this lawsuit on April 11, 2017, after Lacy filed his claims with the Labor Commissioner. Citizens' First Amended Complaint (“FAC”) requests a declaration that Citizens is not...

Excerpt: ...g Negligent Repair and violations of the Song-Beverly Act in connection with Plaintiff's purchase of a 2018 Ford F-150 pickup truck. Defendant Ford Motor Company (“Defendant”) brings the instant motion to seek a protective order on its Warranty Policy & Procedure Manual, Customer Relationship Center Policies and Procedures, and Reacquired Vehicle (RAV) Policies and Procedures. Discussion a. Meet and Confer The motion for a protective order mu...

Excerpt: ...ice. BACKGROUND On September 3, 2018, Plaintiff Mendoza visited the Maywood City Hall to speak with the Building and Planning Department to determine the zoning on 4000 East Slauson Avenue property (hereinafter “property”) for the proposed use of a Cannabis Testing Laboratory for his business LA Labs, Inc. (SAC, ¶ 9.) The Cannabis Testing Laboratory, LA Labs, Inc., only would consist of a testing laboratory and was not intended, nor would pr...

Excerpt: ...ethod or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method of discovery and disobeying a court order to provide discovery are both misuses of the discovery process.” (CCP §§2023.010 (d) and (g).) Sanctions w...

Excerpt: ...ounts causes of action regarding a commercial property located at 14329 Woodruff Avenue, Suite B/C, Bellflower, CA 90706 (the Property). Plaintiff leased the Property on January 28, 2018 to Marlon Dadia. On January 22, 2019, Mr. Dadia assigned the lease to Defendant Roneida Espinal (Defendant) with Plaintiff's permission. The lease expired in “early-2021” and Defendant continued to occupy the premises on a month-to-month basis after that time...

Excerpt: ...2022, alleging causes of action for breach of express and implied warranty under Song-Beverly. (Complaint at pp. 3-4.) On January 25, 2023, Plaintiff propounded a first set of discovery including Special Interrogatories, Requests for Production, Requests for Admissions, and a set of Form Interrogatories. (Lopez Decl., at ¶ 3; Ex. A.) FCA timely served its responses to Plaintiff's first set of discovery on March 1, 2023. (Id., at ¶ 4; Ex B.) FCA...

Excerpt: ...ENIED. Moving party to give notice. Background This lawsuit concerns an alleged sexual abuse and harassment of Plaintiff by Defendant Scott Waln, a teacher at Los Alisos Middle School, during the 2019- 2020 school year. a. Request for Production The School District has been seeking Plaintiff's signature on authorizations since February 10, 2023, when the School District's counsel emailed Plaintiff's counsel in regard to the same. (Chaidez Decl., ...

Excerpt: ...hachikyan, (collectively, Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. and Miguel Angel Pacheco (collectively, Defendants) for damages arising from a motor vehicle accident. Plaintiffs allege the accident caused by the Defendants' employee, Miguel Angel Pacheco, while he was transporting Plaintiff and two of her minor daughters, along with two other mothers and their children, in Defendants' common carrier...

Excerpt: ...laint 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 implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Certified Records acquired King Data Services and assu...

Excerpt: ...Defendant”), from a dealership on or about May 19, 2021. (Complaint ¶¶6 and 8). Plaintiff received an express written warranty under which Defendant agreed to perform any repairs or replacement of parts necessary to ensure that the Subject Vehicle and its components were free from all defects in material and workmanship, and to perform any adjustments necessary to maintain the utility of the Subject Vehicle and the parts, components, and vari...

Excerpt: ...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 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 w...

Excerpt: ... Complaint against Defendants for fraud and breach of contract. Plaintiffs allege that Plaintiffs Esquibel, Sellars, and Mitsuya and Defendants Kruszelnicki and Miyazaki were Directors and 20 percent owners of The Hybrid Shop Franchise, Inc. (THS) which later became IEV. Plaintiffs claim that Defendants Kruszelnicki and Miyazaki fraudulently changed THS's name to IEV Factory, Inc. to interfere with a Memorandum of Understanding with Itochu Americ...

Excerpt: ... The TAC alleges, in pertinent part: “Plaintiff and Defendant Ipswich desired to procure a line of credit for shipments of lobsters to Thee Aguila Inc…. and insure said shipments with Euler Hermes…. Defendant Ipswich and Euler Hermes required a personal guarantee from Plaintiff to issue the line of credit. Plaintiff agreed to personally guarantee the line of credit if Defendant Ipswich agreed to ship lobsters to TAI and Euler Hermes issued ...

Excerpt: ...t L, the Honorable Judge John A. Torribio, sitting without a jury, the right to a jury having been waived, and was tried on June 5, 6, and 12 of 2023. At the trial date of June 12, 2023, after considering all arguments and exhibits, the Court ruled in favor of Plaintiff Pedro against Defendants Elodia and Hector. The court also awarded Plaintiff damages in the amount of $555,993.00. Plaintiff filed the instant motion on August 24, 2023. Legal Sta...

Excerpt: ...tor Blaine Holding & Development, LLC within twenty (20) days of entry of this order. Judgment Creditor Blaine Holding & Development, LLC's Request for Monetary Sanctions is GRANTED, in the reduced amount of $1,125.00, payable by Judgment Debtor Vivera Pharmaceuticals, Inc . and defense counsel to Plaintiff Judgment Creditor Blaine Holding & Development, LLC , and Judgment Creditor's counsel within twenty (20) days of entry of this order. No Oppo...

Excerpt: ...Defendant O'CONNOR'S, INC., dba O'Connor's Irish Pub (“O'Connor's”) from approximately March 25, 2021 to March 2022, when she was wrongfully terminated for complaining about sexual harassment and Labor Code violations. From the time she was hired, Plaintiff suffered sexual harassment at the hands of Defendant PATRICK FITZGERALD (“P. Fitzgerald”), who was the owner of O'Connor's and was also Plaintiff's direct supervisor. The conduct began...

Excerpt: ... Jesse Simpson (Plaintiff) filed a Complaint for personal injuries sustained on October 24, 2018 at Defendant Loma Linda University Medical Center in San Bernardino County. Plaintiff was asked to leave the hospital premises and refused. He was then allegedly assaulted by security personnel when they detained him. Evidentiary Objections Plaintiff's Objections Nos. 1-9 are overruled. Legal Standard On a timely motion, the court must order a transfe...

Excerpt: ...' Motion to Strike Portions of Plaintiff's Complaint is MOOT. Prevailing Party to give notice. This action for premises liability was filed by Plaintiffs ARTURO BELTRAN and CLARISSA BELTRAN (“Plaintiffs”) on May 25, 2018. Plaintiffs allege that “[o]n or about May 28, 2016 at around 12:00 AM, Plaintiff ARTURO BELTRAN, along with his daughter CLARISSA BELTRAN were paying patrons at the SUBJECT PREMISES at Club DB Lounge which was owned, opera...

Excerpt: ...part, “On August 11, 2022, Plaintiff entered into a warranty contract with FORD regarding a 2020 Ford Explorer….” (FAC ¶15.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission, electrical, interior, suspension, and HVAC.” (FAC ¶ 18.) “Defendant was unable to conform the Subject Vehicle to the applicable express warranty after a reaso...

Excerpt: ...e First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “Plaintiffs… are individuals each owning and [sic] undivided 50% interest in certain real property located at 9209 Colima Road, Whittier, California.” (FAC ¶1.) “On or about August 31, 1962, William L. Simmons, as owner, entered into a written long-term lease with William G. Greschner Co. with respect to the real property…. [¶] The property ...

Excerpt: ...sale Corporation (Rudy's)] for failure to pay all wages due, provide meal breaks, provide rest breaks, and pay overtime wages. (Los Angeles Superior Court Case No. 21-NWCV-00797 (the 797 Case)). (Complaint, 2:57.) The 797 case is related to this case. “On January 18, 2022, the clerk of this county entered a default against RUDY'S and in favor of PLAINTIFF for failure to answer or demurrer within the statutory period in the 797 Case.” (Id., ¶...