Excerpt: ...�lessee,” and Norm Reeves Honda Superstore is identified as “les sor (dealer).” Below that, in a separate area, it states that, “‘Lessor' refers to the Lessor (‘Dealer') named above and Assignee,” which is identified as “Honda Lease Trust.” Pertinent here, paragraph 15 on the first page of the agreement states that “p arties agree that any unresolved disputes shall be submitted to arbitration in accordance with the Arbitrat...

Excerpt: ... request for accommodation to work remotely. Defend ant's request for production of documents no. 10 asks for all posts she has made on her social media accounts concerning this lawsuit or the complaint. The plaintiff effectively concedes this request is proper and may lead to the discovery of admissible e vidence. Indeed, her opposition to the motion does not even address it. Request no. 11 asks for all posts she has made on her social media acc...

Excerpt: ...hen she was hit by a tightly rolled -up T -shirt fired into the crowd by a T -shirt cannon from one of the boats. The complaint alleged that venue is proper here because defendants either live or do business in Orange County and the tortious acts occurred in this county. On June 20, 2023, Sonia Atkins was su bstituted into the case as a self -represented litigant. (ROA 67.) Her husband, Christopher Atkins was admitted into the case as a party pl...

Excerpt: ...ssues. They allege the sellers also failed to disclose other substantial defects t hey knew about, but that the plaintiffs were only able to discover during a remodel. The demurring defendants are the real estate agents for the sellers. A real estate agent may be held liable for misrepresentation if the agent knew of the issue and did not disclose it. (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 736.) The general allegations of misrepresentation...

Excerpt: ...f Costco and Jewell is a Director thereof, that does not in an d of itself establish personal jurisdiction over them for acts taken by the corporation. (See Calder v. Jones (1984) 465 U.S. 783, 790.) Plaintiff complains he was sickened by a hotdog he ate at one of the Costco stores. He also complains that the membe rs of the Board of Directors did not do anything when he advised them about what had happened and the failure of the corporation to t...

Excerpt: ...e same generic claims that have been deemed legally insu
¯icient. (See, e.g., Taylor v. Superior Court (1979) 24 Cal.3d 890.) The Þrst amended complaint makes the same generic factual allegations but now also alleges that the defendant was convicted of driving under the inßuence of alcohol in 2015 and was given a “Watson advisement” as required by Vehicle Code section 23593. A Watson advisement informs the defendant that: “You are hereby...

Excerpt: ...es that a proper meet and confer was held to resolve the matter. That said, the court concludes that judicial economy—this is the second time the motion has been here—to move forward based on the limited information it has. This is a personal injury case. Plainti
¯ asserts she fell on her side and head from a height of three feet. The motion to quash is generic. It simply argues that the disclosure of medical records would invade plainti
¯'...

Excerpt: ...d out at $525 per hour; and the paralegal is billed out at $250 per hour. Those (alleged) billing rates are substantially above the attorney fee rates in the local Orange County legal community for the same or similar work. Even the most experienced Lemon Law attorneys in this community are not awarded fees based on such billing amounts, except in complex cases that require experience. The standard attorney fee rate for non-complex cases runs at ...

Excerpt: ...ad problems with it, he brought it into Ken Grody Ford for repairs. Unhappy with the results, plainti
¯, with the assistance of counsel that specialize in Lemon Law cases, sent a letter dated February 28, 2022, outlining the problems and demanding that Ford repurchase the truck. (See Exh. “5.”) The matter settled pre-litigation. On July 13, 2022, plainti
¯ and Ford Motor Company entered into an agreement that provided that Ford would pay pl...

Excerpt: ...tions for actions not taken in 2018, the action appears to be time-barred. To the extent the statutory claims address actions not taken in 2023, the action appears to be timely. Other claims are addressed below. First Cause of Action—Civil Code section 2923.5 The first cause of action alleges a statutory violation by recording the notce of default in 2018 without complying with the statute. The notice of default was recorded August 20, 2018, bu...

Excerpt: ... the property in 2013. Leaks observed in 2015 and 2018 were repaired by the landlord. Plaintiffs allege they began suffering various physical ailments in 2018 which they now claim results from the mold. A leak in 2020 was because a prior leak had not been properly repaired. A mold report ordered by the plaintiffs in April 2021 showed elevated levels of mold throughout the unit. Plaintiffs allege they moved out in July 2021. The complaint was file...

Excerpt: ...rcycle brakes had failed but lost. The court notes that during trial, Achstein called an eyewitness who was driving a short distance behind the motorcyclist. He stated that when defendant Kroeger made her left-hand turn, the motorcyclist "didn't have a chance." The achon against the "Suzuki" defendants was based on a theory that the motorcycle brakes had failed due to a manufacturing defect and that brake failure was the basic cause of the accide...

Excerpt: ...endant conceded that the costs entered on lines 3 and 4 (Item No. 4 is for depositions) were supposed to be on lines 4 and 5 (Item No. 5 is for service of process). In its discretion, the court allows the amended cost bill to be filed as the original memorandum of costs contained clear errors. There is no prejudice to any party in allowing an amended cost bill as the numbers themselves have not changed. They are just now in the correct column. Th...

Excerpt: ...icolas Gonchar, a selfrepresented litigant, ate a hotdog at a Costco location, became ill, and that when he complained to Costco he was ignored. According to the declarations of these defendants, Raikes, Galant, and Jelinek are, and were at all relevant times, residents of the State of Washington. Denman is a resident of the State of Colorado. Raikes has no connection with California and does not consent to jurisdiction in this state. He has live...

Excerpt: ...ion 1102.5, subdivision (b), fails as a matter of law. This has to do with plaintiff's claim he engaged in protected activity. 3. Whether plaintiff's cause of action for violation of Health & Safety Code section 1278.5, fails as a matter of law. This has to do with a claim that he suffered an adverse employment action because of a purported patient safety complaint. Code of Civil Procedure secton 437c, subdivision (h) Plaintiff initially opposes ...

Excerpt: ...ction. However, no credible evidence is presented to support that position. At best, it is argued that because he could have, and should have, checked on the corporate status of his clients first, then he is liable for sanctions for filing various pleadings and documents with the court for close to a year. But there is no evidence that he knew about the issue and concealed this information from the plaintiff or the court. To the contrary, former ...

Excerpt: ...at the blow caused her personal injuries, including traumatic brain injury. Although her husband, Christopher Atkins, did not see his wife being struck, he alleges he has suffered emotional distress and loss of consortium due to defendants' negligence. Demurrers to the third amended complaint were filed by defendants City of Newport Beach, Morrow-Meadows Corporation, and TLH Enterprises, Inc. A motion to strike portions of the amended complaint w...

Excerpt: ...tion before the Fair Political Practices Commission into the same incident. However, the statutory framework provides for private enforcement after the FPPC and local authorities have been afforded suffcient tme to address the allegations. Moreover, once those basic time limits have passed, nothing in the statutes prohibit concurrent enforcement. The demurrer then makes a facial and an as-applied constitutional challenge to the private enforcemen...

Excerpt: ...on (c)(l). The statute requires the Labor Commissioner to bring the action "promptly." Given the Labor Commissioner's "decision" was not rendered February 3, 2020, the defendant asserts that the Commissioner's filing of the complaint on March 21, 2023, was not "prompt" and is thus barred. The statute sets a statute of limitations for these actions. Because of the six- month extension allowed for by Emergency Rule 9 as a result of the Covid pandem...

Excerpt: ...laintiff was clearly the prevailing party and is entitled to its costs of suit against Crew Salon, Inc. Novation is a defense here. Although defendants now wish to avoid that characterization, the testimony from the defendants was clear. Of course, if the defendants want to deny that a novation was properly alleged, then the judgment should be amended to state it is against the Gaglios in their individual capacity. The court reporter fees are cle...

Excerpt: ...exception of the word "duty," the defendant has not clearly stated precisely what cause of action, affirmative defense, or claim for damages it seeks to completely dispose of in the "issues" themselves as required by Code of Civil Procedure section 437c, subdivision (f)(l). Accordingly, the court declines to address the motion for summary adjudication of issues. As to the motion for summary judgment, there is only one cause of action pled in the ...

Excerpt: ...iff on March 28, 2023. The defendant sent a letter to plaintiff's counsel October 2, 2023, demand-ng that the plaintiff serve responses. Plaintiff did not serve any responses, she did not respond to counsel's letter, and she did not file opposition to the motions. The motions are GRANTED. Plaintiff is ORDERED to serve answers, without objections, in 15 days. Sanctions of $1,500 are awarded jointly and severally against plaintiff and plaintiff's c...

Excerpt: ...ther, he was not timely advised of his Fifth Amendment rights during the deposition. Now that Pineda has pled guilty in the criminal matter, there do not appear to be any criminal matter impediments to the taking of a properly noticed deposition. Motion to Compel Examination of Plaintiff The motion of defendant Santa Ana Unified School District to compel plaintiff minor to submit to a psychological examination is GRANTED as modified. The plaintif...

Excerpt: ....1346 [must serve motion on deponent].) The court is initially inclined to continue the motion to permit Bottorff to be properly served. The parties should be prepared to discuss whether Bottorff has or needs to be personally served. The main issue is this: Whether communicatons between Bottorff and representatives of The Regents are protected by the attorney-client and/or work product privilege. This is a thorny question under the facts. General...

Excerpt: ...uted them to plaintiffs. The complaint seeks damages of over $253,000. The complaint raises six causes of action: 1. Breach of contract; 2. Negligence; 3. Intentional misrepresentation; 4. Negligent misrepresentation; 5. Unjust enrichment; and, 5. Money had and received. The complaint seeks monetary damages and exemplary damages for the alleged misrepresentations as to the status of the ERCs. The answer alleges the following affrmative defenses: ...