Excerpt: ...tain, and that the fraud claims were not pled with specificity. In this action, Plaintiff sued RCH for two causes of action, medical negligence and fraud. It should be noted that the first page of the Complaint has three causes of action for: 1. Medical Negligence; 2. Negligence; and 3. Fraud, but the body only alleges two causes of action. Plaintiff has not filed an opposition to this demurrer. Page 8 of 8 With respect to the negligence cause of...

Excerpt: ...the final payment to be made to PHI (contract sum remaining) is if the amount certified by the architect for the final payment. Under each of these contracts, the architect determined here that no amount is owed because of the deficient construction and, after adjusting for the offsets to correct the deficient construction, per the parties' written agreements, determined that PHI has an insufficient contract sum due and owing for the work it comp...

Excerpt: ...he Court finds that the subject requests are worded broadly enough to potentially call for the production of privileged materials, Defendant is nevertheless entitled to a Code-compliant response which provides sufficient factual information to allow Defendant to evaluate the merits any claims of privilege, including provision of a privilege log where necessary. The Court further finds that all responsive documents not subject to a claim of privil...

Excerpt: ... Best and Sean Best and their two minor children, plaintiffs Inez Best and Joaquin Best, formerly resided at 2828 Serena Road, Santa Barbara, California 93105 pursuant to a written lease agreement with defendant Steven J. Sherwin, individually and as Trustee of the Steven J. Sherwin Separate Property Trust, the owner of the property. The property is managed by defendant Meridian Group Real Estate Management, Inc. Starting in February 2018, plaint...

Excerpt: ...aint is granted. In this action Plaintiff alleges that he was employed by Golden Coast Construction & Restoration ("GCCR") as a fire restoration salesperson and that GCCR improperly deducted amounts from his commissions, failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. Plaintiff seeks further responses to Requests Nos. 7 ‐ 14, contending that Defendant failed to Comply ...

Excerpt: ...h believe that the police department records may contain relevant information documenting the circumstances surrounding Vanessa's decision to end her life and subsequent suicide. Per defendant, the records may show whether she had a history of mental health issues, prior suicide attempts or instances of domestic abuse. The records may also contain information relating to whether she was treating with other physicians for any mental health issues ...

Excerpt: ...dants' objections are OVERRULED. Plaintiffs explain that they delayed bringing the motion because they were trying to obtain sufficient evidence and conduct analysis of that evidence to allow them to oppose the anti-SLAPP motion without resorting to discovery. This is a reasonable argument. This case also turns not only on the conduct of Defendants towards Plaintiffs but their motivations and whether they have treated similar employees differentl...

Excerpt: ... defendants allegedly knew this. Plaintiff contracted multiple infections from the surgery and has become a paraplegic. The Second Amended Complaint contains causes of action for: medical negligence, corporate negligence, premises liability and fraudulent concealment. In June of 2018, the case of Burghardt v. Dennis was filed the same attorney for the plaintiff (2018-1000970). According to the operative complaint, Mr. Burghardt also had spinal su...

Excerpt: ...pointment of himself as Director of Sacramento Progressive Communities, Inc. under Corporations Code section 5220(e). Corporations Code Section 5220(e) states that: "If a corporation has not issued memberships and (1) all the directors resign, die, or become incompetent, or (2) a corporation's initial directors have not been named in the articles and all incorporators resign, die, or become incompetent before the election of the initial directors...

Excerpt: ...laim or dispute related to the vehicle and/or the RISC. Plaintiffs are permitted to select the American Arbitration Association (“AAA”) or any other arbitration organization subject to approval. Westlake now moves to compel arbitration to be heard before AAA. In opposition, Plaintiffs concede that a valid arbitration agreement exists. They insist, however, that the Court has no authority to grant the relief requested because Westlake failed t...

Excerpt: ...tained Sohi's objection to the entire declaration of Kendra Whitley, D.D.S. (Plaintiff's subsequent treating dentist and expert) because the declaration was signed “under penalty of perjury under the laws of the state of Tennessee.” Additionally, Dr. Whitley's declaration lacked foundation since she failed to state that she is familiar with the standard of care for general dentist in Sacramento, or even California. (See 9/10/2019 Order.) The ...

Excerpt: ...udgment can be attacked “at any time.” (Code of Civ. Proc. Sect. 473, subd. (d); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1250.) The evidence establishes that Defendant did not reside at the Menlo Park address when Plaintiff attempted substituted service. The USPS Request for Change of Address does not support service at the Menlo Park address, because Plaintiff's inquiry sought the new address related to a Post Office box; ...

Excerpt: ...e “wrong” parties, who did not own the Property at the time of the alleged incident. To the extent that Defendants seek relief under Code of Civil Procedure section 473(b) for mistake, in advertence, or excusable neglect, the motion is untimely. The court has inherent equitable power to set aside a judgment on the basis of extrinsic fraud or mistake. Olivera v. Grace (1942) 19 Cal.2d 570, 576. The moving party must show three elements: a meri...

Excerpt: ...st 20, 2019. Plaintiff alleges that on August 21, 2019, Defendant attempted to reset Plaintiff's account passwords for certain AVBI officers and managers. The next day, Plaintiff discovered that 84 of its email accounts were deleted. Plaintiff alleges that Defendant also interfered with its computer network such that it was forced to shut down company computers and phones. The complaint asserts causes of action for injunction, claim and delivery,...

Excerpt: ...ermines that the plaintiff has established that Page 2 of 3 there is a probability” that the claim will prevail. (Code Civ. Proc., § 425.16, subd. (b)(1).) In order to demonstrate a probability of prevailing on the merits, a plaintiff may not rely solely on its complaint but must also produce admissible evidence sufficient to overcome any privilege or defense that defendant has asserted. (Flatley v. Mauro (2006) 39 Cal.4th 299, 323 [litigation...

Excerpt: ...es liability, against the Greenes; and (3) strict liability for ultrahazardous activity, against all Defendants. The complaint arises out of serious injuries that Plaintiff sustained to her thumb while firing a crossbow owned by the Nankivells at a social gathering hosted by the Greenes at the Greenes' property. The Nankivells filed a motion for summary judgment on the grounds that Plaintiff is barred from recovery pursuant to the doctrine of pri...

Excerpt: ...e waived any error or irregularity with those notices. (Code Civ. Proc. § 2025.410(a).) Defendant has also failed to file, promptly or otherwise, a motion for a protective order permitting Defendant to refuse to produce any deponent for deposition. (See, Code Civ. Proc. § 2025.420(a).) Accordingly, Defendant must produce these employees for deposition. As to the person most knowledgeable, the Court overrules the objections regarding the product...

Excerpt: ...ect. Plaintiff asserts that Defendant has suffered no prejudice in the delayed responses to the RFAs as discovery is still ongoing between the parties, no depositions have been taken and no trial date has been set. The declaration of counsel accompanying the motion states the same. No explanation is given as to why no responses were provided to the RFAs within the statutory time, nor why Plaintiff failed to respond to the motion to have the admis...

Excerpt: ...ntiff alleges that Defendants' staff dropped Plaintiff during a transfer, causing a compound hip fracture, and failed to document the incident. Plaintiff's family has made the decision not to put Plaintiff through hip replacement surgery, and she is currently in hospice care. Plaintiff alleges that Defendants both were negligent and failed to provide contracted- for levels of care to Plaintiff. Plaintiff filed her complaint against Defendants San...

Excerpt: ...e sale of real property. The Blandons sold a single‐family residence located at 9112 Durness Way in Sacramento, California (the “Property”) to Plaintiff Hyeon Do “David” Seo (“Plaintiff”). The Property was listed with Mr. Carrion, the Blandon's son and real estate agent. Prior to the sale, the Property was occupied and rented by the Blandon's other son, Francisco Blandon. After the close of escrow, Plaintiff alleged he found defects...

Excerpt: ...ated in the Court's 12‐18‐18 and 7‐9‐19 Orders sustaining WF's Demurrers to the prior versions of the Complaint. Code Civ. Proc. § 430.10(e). The deficiencies identified in the Court's prior Orders relating to this cause of action have not been remedied. As did the FAC, the SAC alleges WF breached the parties' Deed of Trust (DOT), but does not identify any DOT provision that WF purportedly breached. It alleges ¶28 of the DOT permits Pla...

Excerpt: ...S THIRD AMENDED COMPLAINT BY WEST COAST COMMONWEALTH PARTNERS LLC Tentative Ruling: The demurrer is overruled as to the second cause of action and sustained with 20 days leave to amend as to the first and fourth causes of action. The Motion to Strike is granted with 20 days leave to amend. Third Amended Complaint, Issues, and Contentions: The operative Third Amended Complaint (TAC) of September 9, 2019 asserts causes of action for: (1) Willful Mi...

Excerpt: ...Barbara Goldsmith (the Goldsmiths) filed their original complaint in this action for declaratory relief against defendants Milton Pinsky and Elizabeth Pinsky (the Pinskys). In their complaint, the Goldsmiths seek declaratory relief regarding their rights to restore a hedge of trees that they allege operated as a privacy screen to separate their property from their adjacent neighbors, the Pinskys. On August 2, 2019, the Pinskys filed their answer ...

Excerpt: ...ent facts relevant to this motion. Plaintiff Tseday Aberra alleged she was a senior psychologist for the California Institute for Women (CIW) in Corona (a division of the Department of Corrections and Rehabilitation of the State of California, or CDCR), and was discriminated against and did not receive a promotion because of the actions of other CIW employees. Plaintiff alleged that in August of 2016 she was being strongly considered for the posi...

Excerpt: ...acher who was employed by defendant AUHSD, during 2009-2011 while plaintiff was a middle school student. Both defendants have answered. On 1/10/19, the court granted defendant AUHSD's motion for summary adjudication as to the 3 rd C/A for sexual harassment. On 3/13/19, the court denied without prejudice plaintiff's motion for leave to file an amended complaint to substitute as defendant The David M. Bruce Family Trust, by and through the Trustee ...

Excerpt: ...nt asserted causes of action for negligence, intentional tort, and fraud against California State Automobile Association and DOES 1‐50. On 2/19/2016, Judge Cadei found Gonzalez to be a vexatious litigant in Gonzalez v. Kitay, Sacramento Superior Court Case No. 34‐2012‐00134527. Because Gonzalez was declared a vexatious litigant, he was required to obtain a pre‐filing order from the Presiding Judge before filing an new action. (CCP §391.7...

Excerpt: ...e'), and Live Oak, LP (‘Live Oak') are also a members of LOLS. Plaintiff VWC Lofts has at all times been managed by Vision Wise. Except for a brief period, Vision Wise is and has been managed by Sanford Coggins. Coggins was manager of Vision Wise at the time VWC Lofts filed its current complaint. Cathy (Mary) Aronson was named as a defendant in her capacity as principal of Live Oak.” (Motion P&As at p. 5.) “By her proposed amended answer, a...

Excerpt: ... to Ira Smith and Tony Ordaz in exchange for $920,000.00. (the “First Loan”). On 11/26/12, Plaintiff and Don B. Clark signed a promissory note in favor of Ira Smith and Tony Ordaz for $50,000.00, to start being repaid on 1/1/18. (the “Second Loan”). With the passing of Don B. Clark, Defendant Linda Clark is alleged to be the beneficiary of both loans. Plaintiff also alleges that it was obligated to pay $442,670.52 in undisclosed liabiliti...

Excerpt: ...f Painted Cave Committee for Fire Agency Responsibility, Inc. (“Committee”) filed a verified petition for writ of mandate and complaint for declaratory and injunctive relief against the Board of Directors of the Painted Cave Volunteer Fire Department, Inc. (“PCVFD, Inc.”) and the Board of Directors of the Painted Cave Volunteer Fire Department (“PCVFD”). The causes of action in the petition/complaint are: 1) Petition For Writ of Manda...

Excerpt: ... Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the settlors' children, Marianne and Gail, became the successor trustees of all three subtrusts, and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointments of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Hazeltine (“H...

Excerpt: ...t”) name was added to title as a result of some undisclosed fraud and deceit. Defendant then wrongfully moved into the property and took over the collection of rent from the existing tenants. Plaintiff contends that Defendant has no right to title or any other interest in the property. On 1/22/19, the parties attended a mandatory settlement conference. The matter settled and the 2/8/19 trial date was vacated. On 3/28/19, a proposed judgment on ...

Excerpt: ...n for negligence and premises liability against Defendants. Plaintiff's FAC states that he was injured while riding his KTM 250 SXF bike (the “dirt bike”) along property owned, leased, occupied, or controlled by Union Pacific. (FAC, p.4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding th...

Excerpt: ...ndant defaulted on the account and failed to make payments as they became due and owing. (Id. at 3, 6, 8, 12, 15 and 17.) The last payment applied to the account was on or about November 24, 2017. (Id. at 7, 16.) The total amount due and owing is $11,669.91. (Id. at 3, 8, 12 and 17.) Plaintiff filed the underlying complaint on August 2, 2018 and asserts common count causes of action for account stated and open book account. On September 17, 2018,...

Excerpt: ...006, and divorced on December 5, 2017. As part of the divorce, Defendant obtained real property located at 180 Shortt Road (“Subject Property”). According to the Complaint, on November 9, 2017, Plaintiff was in lawful possession of the property but was forcibly removed after Defendant called the Santa Rosa Police Department indicating Plaintiff was a trespasser. Plaintiff was forcefully removed under threat of arrest. After moving back in, on...

Excerpt: ..., it required 2 court days for the clerk's division to process these submissions alone. Apparently due to the volume of work and brevity of the timelines, Defendant Safeway has added 3 additional attorneys to their team through applications to appear pro hac vice. The Johnson & Johnson Defendants likewise seek to add 3 additional attorneys to their team pro hac vice. Plaintiffs' pleadings reflect that at least 4 attorneys are working to advance t...

Excerpt: ...ered a verdict in favor of the two remaining Plaintiffs for $14,784,031.00 in favor of Claremont Toyota (R&C Motor Corporation) and $3,324,802.00 in favor of Capistrano Toyota (Hogan SRK, Inc.). Discounts of $474,972.00 and $1,848,004.00, respectively, were applied to the jury verdict awards based on Plaintiffs' own misconduct, resulting in net jury awards of $12,936.027 and $2,849,830.00 respectively. Moving Parties contend as follows: Plaintiff...

Excerpt: ...mpelling Plaintiff Jodi Ditolla to serve responses without objections to Defendant Syndimate LLC's Special Interrogatories, Set No. 1, evidentiary and issue preclusion sanctions if responses are not served within ten days, and imposition of $4,763.00 in monetary sanctions against Plaintiff. Motion No. 3: For issuance of an order compelling Plaintiff Jodi Ditolla to serve responses without objections to Defendant Sam Schapiro's Special Interrogato...

Excerpt: ...ndants Jeffery Tuli, Vincent Griffin and Aaron Jackson. Maher Yousef succumbed to his injuries a few days later. Defendant Lucky Oil Company, dba “Buena Park Mobil,” is alleged to be the owner/operator of the gas station. Defendants Ahmad Radwan and Tag M. Radwan are alleged to be principals of Lucky. Plaintiff alleges that property owner/operator Defendants knew the three assailants were likely to injure or attack people and that they did no...

Excerpt: ...har Prosky Family Trust; (4) Defendant Stewart Title of California, Inc.; and (5) Defendant Val-Chris Investments, Inc. (Val-Chris has filed a notice of joinder in all oppositions to this motion). Facts/Overview: This action involves two consolidated cases: 1. Gainquick LLC v. JTH Holdings, LLC, OCSC Case No. 2016- 00874017 [lead case]. This action was filed on 9/8/16, and the operative pleading – the second amended complaint – was filed on 3...

Excerpt: ...serve responses by mail, with return receipt, no later than August 26, 2019. The court's file does not contain any evidence that Mr. Senga responded to the subject discovery. At today's hearing, if Moving Party has submitted proof of timely service of the discovery requests, and if there is no proof of compliance by Responding Party, the court intends to confirm the tentative ruling as its final ruling. If Mr. Senga submits proof of timely compli...

Excerpt: ...de Medical Center; Sun Haven Care, Inc., dba Terrace View Care Center, erroneously sued and served as “Terrace View Care Center”; Front Porch Communities and Services, dba Walnut Village Care Center; Iksoo Kang, M.D.; Keith Mullins, M.D.; and Michael Kulcycki, D.O. (collectively, defendants), alleging two causes of action for (1) medical malpractice and (2) elder abuse. Two motions for summary judgment/adjudication are currently scheduled for...

Excerpt: ...he Danny & Zohar Prosky Family 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 concern...

Excerpt: ... invest $1.25 million in a “Private Placement Program,” referred to as a trade program, through Defendant Group 7 Asset Services Group, LLC. In exchange for the investment, Plaintiff was to receive 12 monthly payments (which ended up being $56,000.00/mo. lower than promised), a full return on his investment, as well as anticipated $8 million in profits. Plaintiff's investment was wired to attorney Ray Holland and deposited into a bank account...

Excerpt: ...on 1793.2(d) 3. Violation of CC section 1793.2 (A)(3) 4. Breach of express written warranty 5. Breach of the implied warranty of merchantability 6. Fraud Trial has not been set. DEMURRER Defendant demurs to the 3 rd, 4 th 5th, and 6 th causes of action. Analysis: Third Cause of Action for Violation of Civil Code §1793.2(a)(3): Under Civil Code §1793.2(a)(3), “Every manufacturer of consumer goods sold in this state and for which the manufactur...

Excerpt: ...y on 4/6/18 when she was involved in an accident. Defendant John Roe was the first officer on the scene following the accident. While Roe was investigating the accident, he sexually assaulted the Plaintiff, groping her breasts and buttocks. It is alleged that Defendant CHP negligently hired, trained, and supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer...

Excerpt: ...ith Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July 2005 he and Grantham withdrew from their represen...

Excerpt: ...ract, (2) fraud, and (3) accounting. On October 3, 2018, the court granted defendant's motion to compel arbitration and ordered the parties to meet and confer in an effort to agree on an arbitrator. On November 13, 2018, the court appointed the Hon. Mary Fingal Schulte (Ret.) as the arbitrator over the subject controversy, pursuant to the parties' stipulation. An ADR review hearing is currently scheduled at the same time as the hearing on this ma...

Excerpt: ...ian has prescribed a stair-lift device, which MP is informed and believes costs about $15,000.00. (Id.) MP does not have the means to purchase the chair lift without assistance. (Id.) MP also has numerous health issues which are significant based on her age. These include hearing loss, memory impairment, numbness in extremity, back pain, joint swelling, knee problems, leg pain, lower back pain, hypertension, arthritis, anemia, and shortness of br...

Excerpt: ... barred by the doctrine of primary assumption of risk. 3. Plaintiff's First Cause of Action is meritless as Plaintiff cannot establish all of the essential elements of this cause of action, specifically the element of the existence of a dangerous condition of public property. 4. Plaintiff's First Cause of Action is meritless as Plaintiff cannot establish all of the essential elements of this cause of action, specifically the element of the Distri...

Excerpt: ...ion for: (1) motor vehicle negligence; and (2) general negligence. Plaintiff alleges personal injuries and damages after she was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while in course and scope of the former's employment. 2. County of Orange v. Harris, OCSC Case No. 2018-01033469 The complaint, filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Mainten...

Excerpt: ...orm certain surveying work at the project, entered into on or about August 22, 2013 (See FAC ¶¶ 1, 5, 8, 11, 18, Exh. B.) AWI alleges Defendant Pockman is TDR's CEO and Defendant Shank is TDR's CFO and secretary, and that both individuals are also parties to the Agreement as an “apparent assignee[s].” (Id. ¶¶ 2, 4, 5, 11, Exh. B.) AWI alleges Defendants have breached the Agreement by, among other things, performing deficient surveying wor...

Excerpt: ... 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, Government Code section 12940, subdivision (j); 4. Wrongful termination in violation of Government Code section 12940, subdivision (a); 5. Discrimination against member of mil...

Excerpt: ...t he was sexually harassed and molested by defendant Bruce, a former teacher who was employed by defendant AUHSD, during 2009-2011 while plaintiff was a middle school student. Both defendants have answered. On 1/10/19, the court granted defendant AUHSD's motion for summary adjudication as to the 3 rd C/A for sexual harassment. On 3/13/19, the court denied without prejudice plaintiff's motion for leave to file an amended complaint to substitute as...

Excerpt: ...juries. Plaintiffs filed their complaint against Defendant Elizabeth Hernandez on 8/28/18, alleging causes of action for: (1) Negligence; and (2) Loss of Consortium. On 12/28/18, Plaintiffs amended their complaint to name Vanessa Reece Hernandez as DOE Defendant 1. Plaintiffs filed a First Amended Complaint on 5/16/19 against Defendant Elizabeth Hernandez, alleging causes of action for: (1) Negligence; and (2) Loss of Consortium. The FAC is the o...

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: ...ager of the TJ Maxx store in which Plaintiff worked. Plaintiff alleges that there was an effort by management to “whitewash” the store, with employees being instructed to not converse in Spanish. Plaintiff attempted to bring this to the attention of TJ Maxx's Human Resources Department, but there was no response and no investigation. After requesting a brief amount of time off to recover from surgery, Plaintiff's employment was terminated on ...

Excerpt: ...ed a first amended complaint against the same defendants alleging the following seven causes of action: 1. Declaratory relief, 2. Breach of contract, 3. Breach of implied covenant of good faith and fair dealing, 4. Fraud – concealment, 5. Accounting, 6. Unjust enrichment, and 7. Unlawful and unfair business practices in violation of Business and Professions Code section 17200 et seq. On June 5, 2019, defendants answered the first amended compla...

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: ...lief. He contends that he holds a 100% ownership interest in MGH Painting Inc. and that his ex-girlfriend, Defendant Uliana Kozeychuk, has no ownership interest therein. She claims that he orally promised her a 1/3 ownership interest. On 8/13/18, Ms. Kozeychuk filed her own action, Kozeychuk v. Honetschlager, Case No. 2018-1011885. (See Plaintiff's RJN at Ex. 1.) Her complaint alleges five causes of action for: 1. Breach of Oral Partnership Agree...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...sky as trustees for the Danny & Zohar Prosky Family 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 the lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aiding and abetting slander of tit...

Excerpt: ...d several written warranties as outlined in the Manufacturer's Warranty Booklet. It turns out that Plaintiff was purchasing the Vehicle for use by Nestor Morales, his brother in law. Mr. Morales reimburses Plaintiff for the monthly loan payments for the Vehicle and the vehicle registration fees. Shortly after taking possession of the Vehicle, Plaintiff Felix alleges that he experienced the defects listed below, and that the defects substantially ...

Excerpt: ...sponses to special interrogatories, set one; and for sanctions against plaintiffs and their counsel in the amount of $2,530.00. Facts/Overview: This is a lawsuit claiming a breach of the implied warranty of habitability and constructive eviction. Plaintiffs allege they rented an apartment from defendants. During plaintiffs' tenancy, defendants began construction on other units in the complex. One of the construction workers allegedly negligently ...

Excerpt: ...a business entity, form unknown; (5) Boeing Test and Engineering, a business entity, form unknown; (6) Enterprise Core Organization, a business entity, form unknown; (7) Gregory Gracey; (8) Heidi Capozzi; (9) Jeffrey Recktenwald; (10) Peter Rosenbloom; (11) Chris Roshak; (12) Phillip Downs; (13) Richard Harwin; (14) Steve Glogoza; (15) Amy Bartram; (16) Gina Kim; (17) Erica Maloney; (18) Joann Urtula. Plaintiff's complaint alleges 15 C/As: (1) di...

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: ...s to supply 10,000 mini-hookahs, but defendants only delivered approximately 6,000 units and misrepresented their intention to fulfill the contract. No trial date is set. Defendant demurs to all C/As of the complaint on the grounds of failure to state facts sufficient to constitute a C/A and uncertainty (CCP §430.10(e), (f)) Analysis: Moving Party's Request for Judicial Notice in support of Reply: With the Reply, MP submitted a request for judic...

Excerpt: ...ted in a “red tag” of plaintiffs' apartment. Plaintiffs contend, among other things, they have been denied access to the personal property located in their apartment and have suffered both physical damages and emotional distress. The Second Amended Complaint consists of the following causes of action: 1. Breach of the implied warranty of habitability 2. Tortious breach of the warranty of habitability 3. Violations of Civil Code section 1940.2...

Excerpt: ...f used a ride share service operated by Defendant Lyft on 7/31/18 in Huntington Beach to drive him to second location in the same city. Plaintiff was carrying a $7,500.00 cash deposit in a fabric deposit bag in his pocket. While Plaintiff was either entering or exiting the vehicle, the deposit bag fell out his pocket into the vehicle being driven by Defendant Smith. After exiting the vehicle, Plaintiff noticed the deposit bag was missing. He cont...

Excerpt: ...ngers, an injury under his right eye, multiple chipped teeth requiring reconstructive dental work, and a concussion. He went to an ER immediately after the incident and again a few days later. On 2/23/17, Plaintiff filed his complaint alleging two causes of action for battery and assault. On 4/26/17, Defendant filed his cross-complaint against Viscomi and SHR MLB LLC (the Montage Hotel), alleging four causes of action for: 1. Indemnification 2. A...

Excerpt: ...its complaint, and that defendants were entitled to costs. Moving Party contends as follows: Item 12 – equipment rental for exhibit presentation Defendants claim costs of $4,475.84. However, defendants have not shown the costs resulted in documents that were “reasonably helpful to aid the trier of fact” and should therefore be disallowed. Even if they were helpful to the trier of fact, the expense is excessive. Other The evidence doesn't su...

Excerpt: ...(McGhee) (collectively, the security defendants), alleging the following three causes of action: 1. Assault/battery, 2. Negligence, and 3. Negligent infliction of emotional distress. On April 2, 2019, plaintiff filed an amendment to complaint, identifying Doe 1 as Kaiser Foundation Health Plan, Inc. (Health Plan or KFHP), erroneously sued as “Kaiser Foundation Health Plans.” On May 8, 2019, plaintiff filed another two amendments to complaint,...

Excerpt: ...m Fund I Trust, Zieve, Brodnax & Steele, LLP, Wells Fargo Bank, N.A. s/b/m Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB, and Wells Fargo Bank South Central, N.A. The complaint alleges eight causes of action: (1) violation of 12 CFR §1026.39; lender failure to provide proper mortgage transfer disclosures; (2) lender / servicer negligence; (3) accounting of loan amounts; (4) violation of CC §2923.5; (5) violation of CC §2923.7; (6) viola...

Excerpt: ...rchitect/engineer and the design/build general contractor over improvements to the 91 freeway. Defendant Atkinson/Walsh Joint Venture retained Plaintiff to provide architectural/engineering services in connection with a bid by Defendant to provide general contracting services to the Riverside County Transportation Commission in connection with works of improvement on the 91 freeway. The agreement provided, among other things, that Defendant purch...

Excerpt: ...0.00 to Defendant Stacy Bui. The loan had a 12-month term and interest at 14% per annum. The loan was personally guaranteed by Kristine and Katherine Tran. All Defendants failed to pay the loan per its terms. Plaintiff alleges that each of the defendants fraudulently induced him into making the loan. Plaintiff filed his complaint against Defendants Stacy Bui, Kristine Tran and Katherine Tran on 10/25/18. The complaint alleges causes of action for...

Excerpt: ...in interest by way of merger to BBCN Bank (plaintiff), commenced this action against A-1 Silk Screen, Inc. and Shin Ill Kang (collectively, defendants) alleging the following five causes of action: 1. Breach of promissory note, 2. Breach of commercial guaranties, 3. Claim and delivery, 4. Conversion, and 5. Appointment of receiver. This is a collections action on a business loan and related commercial guaranties for the outstanding principal bala...

Excerpt: ...luding providing that 287,520 shares of stock in PASS would be transferred from Don B. Clark to Ira Smith and Tony Ordaz in exchange for $920,000.00. (the “First Loan”). On 11/26/12, Plaintiff and Don B. Clark signed a promissory note in favor of Ira Smith and Tony Ordaz for $50,000.00, to start being repaid on 1/1/18. (the “Second Loan”). With the passing of Don B. Clark, Defendant Linda Clark is alleged to be the beneficiary of both loa...

Excerpt: ... June 24, 2019, although the court expects to trail or continue the trial. Moving Parties contend as follows: 1. On 5/6/19, Custer served the “Disclosure of Information Concerning Expert Witnesses” attached as Exhibit A thereto, designating himself as an un-retained expert. A party's designation of an expert, including a party's designation of himself as an expert, must be supported by an attorney declaration providing, among other things, a ...

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 ...

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: ...e. Plaintiffs Frank Tansley and Valerie Tansley own a residence located at 24965 Danamaple, Dana Point, CA 92629. Plaintiffs purchased the property in December of 2016. A pre-closing inspection revealed that the upstairs and downstairs floors were sloped and uneven. Plaintiffs retained Defendants in November of 2016 to conduct a geological inspection report. The report was issued on 11/19/16. It concluded that the original slab had not been level...