Excerpt: ..., Inc. (“Giant RV”) in Downey, California. (Bensiek Decl., Ex. A, Retail Installment Sale Contract.) On June 26, 2023, Plaintiff sued Giant RV and Defendant Thor Motor Coach Inc. (“Thor”) under the Song-Beverly Consumer Warranty Act alleging Defendants failed to conform the Subject Vehicle to the factory warranty in a reasonable amount of time. Thor now seeks an order to stay the proceedings based on forum non conveniens to allow Plaintif...

Excerpt: ...ical injuries. Petitioner submitted a policy limit demand to Jozef Magyar's insurance carrier, Respondent Allstate Northbrook Indemnity Company (“Allstate”), which was promptly tendered in the amount of $25,0000.00. Due to the severity of the injuries and corresponding medical bills, Petitioner submitted an underinsured motorist claim to Allstate for her remaining UIM policy limits. Motion to Quash C.C.P. §1987.1(a) provides, in pertinent pa...

Excerpt: ...iff”)'s complaint against Defendants DAN GOLDMAN JEWELERS & CO., INC. (“DGJ”) and DANIEL MOUREY (“Mourey”) consists of a single cause of action for Breach of Commercial Lease Agreement. On July 3, 2023, Plaintiff's counsel issued a deposition subpoena to Bank of America seeking consumer records of DGJ and a third-party Property Buyer, Inc. (Olson Decl., ¶1; Ex. A.) The subpoena seeks a variety of bank records such as canceled checks, b...

Excerpt: ...her causes of action, related to her job as a part-time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant OPI”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On August 30, 2023, Plaintiff served her Request for Production of Documents (Set One). Defendant OPI served responses on October 2, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Co...

Excerpt: ...NS, LLC (“Defendant”). On December 28, 2022, Plaintiff filed a Complaint against Defendant alleging violation of the Song-Beverly Act, Consumers Legal Remedies Act, and Unfair Competition Law Business & Professions Code § 17200. Defendant now files a motion to compel arbitration. No Opposition filed as of December 15, 2023. Legal Standard Under California law, the trial court has authority to compel arbitration pursuant to CCP §1281.2 where...

Excerpt: ...erado from Penske Chevrolet of Cerritos. (FAC, ¶ 4.) On May 30, 2023, Plaintiff sued Defendant General Motors LLC (Defendant) alleging “breach of warranty” claims under the Song-Beverly Consumer Warranty Act as well as a common law “Fraud-Fraudulent Inducement-Concealment” claim (Count IV). Defendant timely filed a demurrer to the Fraud-Fraudulent Inducement-Concealment claim, and Plaintiff refiled the same claims in her First Amended Co...

Excerpt: ...d a Complaint against Volkswagen Group of America, Inc. (“VWGoA”) and LAD-V, LLC dba Volkswagen of Downtown L.A. (erroneously sued as Volkswagen of Downtown L.A. dba LADV, LLC) (“VW DTLA,” “Dealer” and/or “Defendant”). Plaintiff's Complaint states four causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Bever...

Excerpt: ...hiladelphia Indemnity Insurance Company's Motion to Reclassify is DENIED. Defendants to give notice. Background Plaintiffs Ani Khachikyan, Elah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan; and Leah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, the Khachikyan Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. and Miguel Angel Pacheco for damage...

Excerpt: ...sponses to Special Interrogatories (Set One) is GRANTED. Plaintiff is ordered to provide verified, complete, and code-compliant responses, without objections, to Set One of Defendant's Special Interrogatories within 30 days of notice of this order. Defendant Tyrone Montero's Motion to Compel Responses to Request for Production of Documents (Set One) is GRANTED. Plaintiff is ordered to provide verified, complete, and code-compliant responses, with...

Excerpt: ...er Warranty Act – Breach of Express Warranty; (2) Violation of Song Beverly Consumer Warranty Act – Breach of Implied Warranty; (3) Negligent Repair; and (4) Declaratory Relief. The facts, as alleged, are as follows. On November 2, 2021, Plaintiff purchased a used 2014 Hyundai Veloster with the VIN: KMHTC6AE1EU204030. (Compl. ¶ 8.) Defendant provided a thirty day or 1,000 mile express warranty associated with the sale of the subject vehicle,...

Excerpt: ...aintiff Lorraine Cota filed a complaint against Defendants Marco Antonio Martin (“Martin”), 365 Kapital, LLC (“365”), My Rights Inc. (“MRI”), Rinaldo Rios (“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)...

Excerpt: ...inst Defendants BLK Legal Support Firm, Bruce Loren Karey (“Karey”), Alexander Cotton, and Does 1 through 10, alleging causes of action for: (1) Professional Negligence (Legal Malpractice); (2) Fraud; (3) Intentional Infliction of Emotional Distress; (4) Breach of Contract; (5) Breach of Fiduciary Duties; and (6) Negligent Supervision. Plaintiff alleges that “around January 2020, due to Defendants undue delay in preparing Plaintiff's paperw...

Excerpt: ...for a judgment on the pleadings on Plaintiff Dinorah Talavera's (Plaintiff) First Amended Complaint (FAC). Background Plaintiff filed a FAC against Defendant Ozzy Network, Inc., Golden State Foreclosure Services, Inc.; Oswaldo Martinez; Miriam Melero; Antonio Aguilar; United Escrow Services; and Executive Realty Services, Inc. alleging: 1. Fraud; 2. Violation of Civil Code § 2920; 3. Violation of Civil Code § 1632; 4. Wrongful Foreclosure; 5. I...

Excerpt: ...Defendants Natural Stone Fabricators, Inc., Concrete Collaborative, and Studio Palomino. Plaintiffs allege causes of action for: 1. Breach of Contract 2. Negligence 3. Fraud and Deceit 4. Intentional and Negligent Misrepresentation 5. Unfair Business Practices 6. Breach of the Covenant of Good Faith and Fair Dealings Legal Standard The trial court's determination of good faith under CCP § 877.6 must take into account “a number of factors,” i...

Excerpt: ...d On or about October 2, 2023, Plaintiff Jennifer Juliana Avendano Hoyos (“Plaintiff”) served a Notice to Quit the real property located at 12050 Horley Ave., Downey, CA 90242 (“Subject Property”) on the occupants of the Subject Property including Defendants Reyna Perez (“R. Perez”), Victor Acevedo (“Acevedo”), and Jorge H. Perez (“J. Perez”) (collectively “Defendants”). On or about October 9, 2023, Plaintiff filed an unla...

Excerpt: ...il 2, 2009, L&J Assets, LLC assigned the judgment to Bag Fund LLC. On January 13, 2016, the judgment was renewed in the amount of $39,252.00. On September 17, 2020, Bag Fund LLC assigned the judgment to Intellectual Capital Management & Servicer, Inc. (“Plaintiff” or “Judgment Creditor”) On March 14, 2022, the judgment was renewed in the amount of $70,098.00. Plaintiff moves for $19,605 in attorney fees and costs against Defendant as reas...

Excerpt: ...dant Cortazar). Plaintiff seeks sanctions against Defendant Mitchell and Defendant Cortazar. Background This is a landlord-tenant dispute between Plaintiff and Defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval (collectively Defendants). Plaintiff alleges that Defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, removed Plaintiff's personal property, and wrongfully evicted Plaintiff. Motion...

Excerpt: ...ules of Court, rule 3.1350 and Code of Civil Procedure § 437c(b)(3) within one court day of this order. Moving party(s) to give notice. Background On August 11, 2022, Plaintiff Elizabeth A. Velasco (Plaintiff) filed a Complaint against Defendant Dyno Autosales, Inc. (Defendant), asserting the following causes of action: (1) Violation of Song-Beverly Consumer Warranty Act – Breach of Express Warranty; (2) Violation of Song Beverly Consumer Warr...

Excerpt: ...tion of Civil Code section 1708.5; (2) gender violence in violation of Civil Code section 52.4; (3) violation of Ralphs Civil Rights Act; (4) assault; (5) battery; (6) intentional infliction of emotional distress; and (7) negligent hiring, supervision, retention. Plaintiff alleges that she was sexually assaulted by an EMT in an ambulance when she required transported from one hospital to another on November 10, 2018. Discussion Defendants seek an...

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...