Excerpt: ...lle Contreras and Ramon Flores (collectively, defendants), alleging two causes of action for (1) motor vehicle negligence and (2) general negligence. This is a personal injury action arising out of two separate auto collisions occurring within 30 days of each other. Plaintiff alleges defendant Contreras negligently rear-ended her on May 31, 2016, causing plaintiff to sustain injuries and damages. Plaintiff alleges that while she was still sufferi...

Excerpt: ...$530,000.00 of the contract price, that the initial contractor was unlicensed. Plaintiff retained a new contractor to complete the remodel and repair substandard work. The second contractor, Lee, stated he could do the work for $190,000.00, but then Lee introduced Plaintiff to Defendant D2S, who could finish the job for roughly ½ the price. Plaintiff ended up paying Defendant DS2 $162,682.31. Ultimately, Plaintiff found that the remodeling work ...

Excerpt: ...ns and prayer. 3. An order expunging lis pendens Facts/Overview: This is wrongful foreclosure action. The complaint consists of the following causes of action: 1. Lack of title and standing 2. Negligent misrepresentation 3. Promissory estoppel 4. Breach of implied duty of good faith and fair dealing 5. Violation of CCs 2924.14 and 2923.55 6. Violation of homeowners' bill of rights 7. Violation of Business & Professions Code, § 17200 8. Cancellat...

Excerpt: ...amily Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark Attalla, ACER Capital Group, American Cadillac Group, Brokerage International, Inc., JBA Property Investments, LLC, and Brandon Locascio. The SAC in this lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aiding and abetting slander of title. The case concerns a property in Newport B...

Excerpt: ...he vehicle. He contends he suffered a fracture of his hand and a bloody face as a result of the encounter. The demurrer is unopposed. Analysis: The entire body of the complaint reads as follows: I was pulled over for broken tail light by Santa Ana Police Dept. They violated my fourth amendment rights by pulling me out of my car without probable cause. I was handcuffed, searched and beaten up resulting in a fracture of my hand and a bloody face. M...

Excerpt: ...Aspen Medical Products. The complaint alleges causes of action for: (1) Discrimination (FEHA); (2) Failure to Prevent Discrimination (FEHA); (3) Retaliation (FEHA); (4) Wrongful Discharge in Violation of Public Policy; (5) Harassment (FEHA); and (6) Failure to Prevent Harassment (FEHA). No trial date has been set. Analysis: Timeliness As Responding Party concedes, his opposition was untimely filed. The court has discretion to not consider late fi...

Excerpt: ...ion of the Automobile Dealers' Day in Court Act (15 U.S.C. §1222). On March 4, 2019, the court granted defendants' motion for nonsuit, and on March 25, 2019 judgment was entered. The judgment decreed that defendants were the prevailing parties, that Surf City “shall take nothing” by way of its complaint, and that defendants were entitled to costs. Moving Parties contend as follows: Defendants are the prevailing parties and are entitled to th...

Excerpt: ...d her late husband. The causes of action alleged are: 1. Breach of promissory note 2. Common count: money lent 3. Accounting. On 3/19/18, defendant filed a cross-complaint against his ex-wife (daughter of plaintiff), known as Nikki, for: 1. Indemnification 2. Partial equitable indemnity 3. Equitable contribution 4. Apportionment of fault 5. Declaratory relief A jury trial is set on 11/18/19. Moving Party contends as follows: At the outset of this...

Excerpt: ...9 Cal.3d 311, 318.) “The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of affidavits, declarations, depositions, and other such material which was filed on behalf of the adverse party and which purports to contradict the allegations and contentions of the plaintiff.” Page 2 of 3 (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 605....

Excerpt: ...nt Excel was advised that it was the successful bidder for the scrap. The terms of the bid required Excel to start moving the scrap within two days and pay the bid price two days after taking possession of the scrap. Excel timely removed the scrap, re- sold it to a third party, and failed to timely pay the City. The parties agreed that Excel would pay the bid amount over time at the rate of $10,000.00/mo. Excel made one and one-half payments and ...

Excerpt: ...raud; (6) concealment; (7) common counts based on a writing; (8) unjust enrichment; (9) conspiracy; (10) request for accounting; and (11) breach of the implied covenant of good faith and fair dealing. In essence, plaintiffs allege that defendants breached oral and written contracts for construction work on defendants' residence. An answer to the TAC was filed on 11/20/18 along with a cross-complaint by defendant / cross-complainant Habib Ghorbani...

Excerpt: ...n Alicia Parkway on 6/13/16, when a vehicle owned by Defendant Edward H. Kang and driven by Defendant Joy Haeran Kang collided with Plaintiff's vehicle, causing him personal injuries. Plaintiff filed his complaint against Defendants Edward H. Kang and Joy Haeran Kang on 6/8/18. The complaint alleges causes of action for: (1) Negligence; and (2) Negligence Per Se. Defendants answered the complaint on 9/4/18. The case is set for trial on 9/30/19. M...

Excerpt: ...contends that although the sheriff later returned most of plaintiff's personal property, the Mustang was not returned. Plaintiff contends the sheriff told him the car had been “lost.” The complaint consists of one cause of action for negligence and one cause of action for intentional tort. The County of Orange has been dismissed from this case. Plaintiff contends defendant Kenny's Auto Service was the entity that took possession of the 1965 M...

Excerpt: ...ong with not receiving the required rest and meal breaks. Both Plaintiffs' employment was terminated by Defendant Mak Wave after they asked for a copy of their employment files. The Tokura Defendants are alleged to be principals of Mak Wave. Plaintiffs filed their complaint on 2/2/17 against Defendants Mak Wave, Inc., Masafumi Tokura, and Kumiko Tokura. The Complaint alleges causes of action for: (1) Unpaid Wages; (2) Failure to Provide Meal Brea...

Excerpt: ...eed in excess of the limit when her vehicle left the traffic lane and collided with a City water pump and then with a bus stop sign. Investigating officers determined that the cause of the single car accident was that Petitioner was operating her vehicle under the influence of alcohol. Petitioner exhibited objective signs of intoxication and, during the investigation, admitted drinking previously. Petitioner refused a chemical test on the scene a...

Excerpt: ...s of $1,560.00. Facts/Overview: The operative pleading in this lawsuit, which was originally filed on 1/9/18, is the third amended complaint [TAC]. Plaintiffs are Ali Namvar, Pacific Landcare, Inc., and Namvars, Inc. The TAC includes C/As for: (1) breach of contract; (2) enforcement of mechanic's lien; (3) common counts; (4) intentional misrepresentation; (5) promissory fraud; (6) concealment; (7) common counts based on a writing; (8) unjust enri...

Excerpt: ...s as follows: The discovery was properly served on 4/5/19. Responses were due on 5/10/19. No responses have been received, and no extensions were requested or granted. The motion is unopposed. Analysis: The proof of service is good. The moving papers fully support the relief requested. Specifically: Code Civ. Proc., §708.030 provides the authority for propounding request for production of documents. It states: (a) The judgment creditor may deman...

Excerpt: ...eclaration: Shintaku is a BMW customer support engineer. He has only “reviewed file materials for this case.” He doesn't say what those file materials are. He doesn't say that his position at BMW would qualify him to give any testimony which he does. Much of his testimony is based on his “understanding or information and belief.” [Shintaku Declaration, ¶1] He states BMW “does not conduct internal analysis or investigations” and so th...

Excerpt: ...r GM) alleging the following three causes of action: 1. Violation of Song-Beverly Consumer Warranty Act (Song-Beverly Act) – breach of express warranty, 2. Violation of Song-Beverly Act – breach of implied warranty, and 3. Breach of the Song-Beverly Act, Civil Code section 1793.2. This is a lemon law action arising out of plaintiffs' purchase of a new 2015 GMC Yukon XL on April 4, 2015. Plaintiffs allege defendant has failed to conform the ve...

Excerpt: ...1.29 purchase price for the vehicle and extra warranties. The vehicle loan terms required monthly payments of $678.00. Defendant defaulted in repayment of the vehicle loan by failing to make the 7/1/18 payment. Plaintiff alleges that the unpaid balance due is $25,790.65 as of 1/29/19. Plaintiff filed its complaint against defendant Hussein A. Bard, aka Hussein Bard, on 10/29/19, alleging causes of action for: (1) Claim and Delivery; and (2) Breac...

Excerpt: ...e. On June 24, 2019, the parties timely filed a joint separate statement as to those issues that remain. The four motions, brought by plaintiff Brock Chwialkowski against defendant The Vons Companies, Inc., are as follows: 1. Motion to Compel Further Responses to Requests for Production, Set One, 2. Motion to Compel Further Responses to Requests for Admission, Set One, 3. Motion to Compel Further Responses to Form Interrogatories – General, Set...

Excerpt: ...tion of $900.00 in monetary sanctions against Plaintiff Joseph G. Custer. The case is set for trial on 06/24/19. Moving Parties contend as follows: The subpoenas are defective because they were issued on 5/6/19, with a production date for 5/22/19. However, Defendants were not notified until almost 6:00 pm on 5/17/19, in violation of CCP §2025.270(a). Moreover, because the records subpoenas seek Defendants'' consumer and employee records, Plainti...

Excerpt: ...w: On February 5, 2018, Brock Chwialkowski commenced this action against The Vons Companies, Inc., Andrew Barker, and Teresa Benson, alleging the following six causes of action: 1. Discrimination in violation of Fair Employment and Housing Act (FEHA), Government Code section 12940, subdivision (a); 2. Retaliation for disclosure of veteran status in violation of Labor Code section 1102.5; 3. Hostile work environment in violation of FEHA, Governmen...

Excerpt: ...ortly after taking possession of the vehicle, Felix experienced the defects listed below. This substantially impaired the use, safety and/or value of the BMW. Defects included:  defective transmission,  defective electrical system,  “any additional complaints made by Plaintiff, whether or not they are contained in the records or any repair orders. [Complaint, ¶10] These defects violated the express written warranties issued by BMW, as...

Excerpt: ...t it contracted with defendant to remodel defendant's shopping center in Tustin and that defendant breached the contract by failing to pay for all services and materials, including numerous changes requested by defendant. An answer to the TAC was filed on 10/10/18. On 4/23/19, plaintiff filed a Doe Amendment, naming Tustin Center, LLC as Doe 11. A jury trial is set on 10/7/19. Plaintiff seeks an order compelling defendant Famouri's Associates to ...