Excerpt: ...ty is further ordered to pay attorney's fees and costs to moving party in the amount of $1,035.00. within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. On March 24, 2022, Plaintiff Jose Araujo Lopez (“Plaintiff”) filed a Complaint alleging cases of action for: (1) Violation of Song‐Beverly Act ‐ Breach of Express Warranty; (2) Violation...

Excerpt: ...(2) Premises liability, (3) Dangerous condition of public property, and (4) Public nuisance). WCA now moves for summary judgment on the Complaint as to the cause of action for negligence, which is the only claim Plaintiff asserts against WCA. The Complaint alleges as follows: On the night of December 30, 2020, Plaintiff was traveling west on Mission Boulevard in the City of Jurupa Valley, at which time he came across a eucalyptus tree, approximat...

Excerpt: ...005‐ E Notice of Demurrer and Demurrer to Complaint Tentative Ruling: Plaintiff alleges that this case is about a misguided collection of a debt. (Complaint ¶ 14.) Plaintiff alleges that the named Defendants, US Bank National Association, Banc of America Funding Corp. and Quality Loan Service Corp., are the true creditors and no money is owed as they hold no valid deed of trust. (Id.) Plaintiff alleges that the debt has been discharged against...

Excerpt: ... Partners, LLC dba Riverside Nissan (“Riverside Nissan”). On June 2, 2019, Plaintiff purchased a 2017 Nissan Altima (the “Vehicle”), which was backed by an express warranty, from the non‐party dealer, Raceway Nissan. (Complaint, ¶ 15; Declaration of Scott D. Sharp in Support (“Sharp Declaration”), ¶ 3, Exhibit B.) Plaintiff alleges that defects and nonconformities, including defects in the transmission, manifested themselves withi...

Excerpt: ...actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” In the present case, there is no dispute that Plaintiffs are the prevailing parties in the action and are entitled to reasonable attorney fees. Thus, the only question to be determined by this motion is the amount of the award. The California Supreme Court has indicated that attorney fe...

Excerpt: ...oast Concrete Construction, Monica S. Perry and Robert S. Perry Sr. aka Robert Perry (collectively, “Defendants”). A stipulated judgment in the total amount of $1,503,177.80 (“Judgment”) was entered against all Defendants on February 2, 2018, and notice of entry was filed on March 12, 2018. (See Declaration of Nick I. Iezza in Support (“Iezza Decl.”), ¶ 2, Exhibit 1.) An abstract of judgment was issued and recorded in Riverside Count...

Excerpt: ...ation Health Plan, Inc., and The Permanente Medical Group Inc. (“Kaiser Defendants”). On February 9, 2021, the pump malfunctioned by administering too much insulin. Plaintiff was driving when this occurred, which caused him to enter hypoglycemic shock rendering him unconscious and unable to operate his vehicle resulting in his crashing into a concrete wall causing him severe personal injuries. Plaintiff alleges Medtronic knew the pump was def...

Excerpt: ...ling party is entitled as a matter of right to recover costs in any action or proceeding.'” (Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) In determining whether a party is a prevailing party which could recover costs, trial court determines whether the party succeeded “at a practical level [by] realiz[ing] its litigation objectives” and whether “the action yielded the primary relief sought” in the case. (Friends of Spring Street v. N...

Excerpt: ...articulate a clear factual basis for a proper failure to warn claim. Plaintiff mixes in elements of a negligence claim along with her product liability claim by alleging issues of “duty”. The FAC fails to state facts sufficient to state a cause of action for strict products liability/failure to warn and the FAC is uncertain. 2 nd Cause of Action for Strict Products Liability‐Negligence‐Manufacturing Once again, the FAC pleads a lot on con...

Excerpt: ...his motion. (CCP § 437c(q).) GRANT the motion for summary judgment in favor of Wawanesa and against Plaintiff. Defendant to submit a Proposed Judgment Order within 10 Days. The named driver exclusion in the 2021 endorsement was conspicuously presented on an entire page, titled in all capital font, in bold, and advised the insured to read it carefully. (UMF No. 10.) There is also no dispute that Arnelle was an excluded driver in the 2021 policy f...

Excerpt: ...�person deposition, and for the imposition of monetary sanctions against Plaintiff and her counsel of record for misuse of the discovery process. Defendant contends that (1) Plaintiff failed to appear to a properly‐noticed deposition and should be compelled to submit to a deposition; and (2) the Court must impose a monetary sanction in the amount of $3,903.75, absent specified findings, for Plaintiff/Plaintiffs' Counsel's misuse of the discover...

Excerpt: ....010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. Plaintiff Jinbai Li (“Plaintiff”) filed the complaint in this action on July 29, 2021 against defendants Simon Chan (“Simon”) and Shiu Mei Chan (“Shui Mei”). The action arises out of an alleged agreement under which Plaintiff agreed to loan $30,000 to Shiu Mei (and her now deceased husband) in exchange for a 50% interest in r...

Excerpt: ...l actual and potential future claims, complaints, cross‐complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total sum of FIFTY‐ THOUSAND DOLLARS ($50,000.0...

Excerpt: ...o the court by noticed motion for an order requiring the plaintiff to file an undertaking if the plaintiff resides out of the state. The undertaking would secure an award of costs and attorney's fees that might be awarded in the action. (C.C.P., § 1030(a); see also Shannon v. Sims Service Center, Inc. (1985) 164 Cal.App.3d 907, 914 [constitutionality upheld].) The statute serves a legitimate purpose of securing costs in the face of the difficult...

Excerpt: ...Plaintiff and his co‐workers were using equipment to grow marijuana and extract THC and/or CBD. The machines were designed, manufactured and/or assembled by Defendant Xtractor Depot, LLC, which is owned by Defendants Andrew Yoon, So Cal Medical Supplies, LLC, Sei Raikura, Jordan Kim, JK2, and Madam K. Plaintiff filed this action on 8/3/22. He filed the First Amended Complaint (FAC) as a matter of right on 10/31/22. The FAC asserts: (1) breach o...

Excerpt: ...ranties, or representations of any kind must be filed in the courts within the state of Indiana.” In support of its motion, Defendant submitted the declaration of Dan Evans. Plaintiffs submitted four objections to the declaration of Dan Evans, submitted by Defendant with its moving papers. The Court sustains these objections. All of the evidence Defendant attempts to submit relating to the forum selection clause is not admissible. There is no c...

Excerpt: ...uisite to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Actual notice of the action alone is not a substitute for proper service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392 (“Zara”).) A summons may be served on an individual by delivering copies of the summons and complaint to him personally or to someone authorized to accept summons on his behalf. (CCP § 416.90; Zara, 199 Cal.App.4...

Excerpt: ...tion to Compel Further responses (Int. 25 and 26) is granted. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. “Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact‐specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App. 4th 92, 9...

Excerpt: ...t by concealment of facts. Defendant moves to compel arbitration based upon the provisions of the Retail Installment Sales Contract under which plaintiffs purchased the vehicle. Defendant argues that it is a third‐ party beneficiary of the contract and relies on the Felisilda decision that compelled arbitration. In opposition, plaintiff argues that Felisilda should be distinguished because in that case the selling dealership was a party and sou...

Excerpt: ...available. (Abbott, et. al., Cal. Civil Discovery Practice (4th ed. Cal. CEB 2022) § 15.91 citing, CCP §§2023.010(g), 2023.030.) For example, CCP §2030.300(e) provides that if a party fails to obey an order compelling further responses to interrogatories, "the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction," in addition to the imposition of further mone...

Excerpt: ...Drilling is an independent subcontractor and not an employee or agent of HP. The test to be applied to determine whether an individual is an employee or independent contractor is the ABC test set forth in Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903. To establish that a worker is an independent contractor under the ABC standard, the hiring entity must establish all three parts of the ABC test. However, a court need not examine the...

Excerpt: ...eclaration, describing when he first became aware that the administrator had failed to mail the notices in a timely fashion, and explaining why counsel should not have discovered that delay sooner. No later than 3‐1‐23, the plaintiff shall file an amended declaration of Lee, curing the following inconsistencies and ambiguities in the declaration filed: 1. Paragraph 22 states: “Phoenix has agreed to perform all the listed Settlement Administ...

Excerpt: ...bing system burst at the residence of Plaintiffs Carlo F. Magno and Jasmine Rose Magno (“Plaintiffs”). A supply line in the wall behind the refrigerator burse which resulted in water flooding and damaging the kitchen, family room, dining room, and living room of Plaintiffs' property located at 1496 San Clemente Circle in Corona, California (the “Property”). The loss was discovered by Plaintiffs after coming down from the second level of t...

Excerpt: ...he parties previously deleted such a provision. Now they have put it back into the release. 2. The explanation for limiting the scope of the settled claims to butchers and meat cutters is still unclear. As the Court previously observed: “The LWDA claim letter was sent on behalf of all employees of the two defendants. Apparently, those employees numbered 143. The settlement focuses solely on those employees who worked as butchers and meat cutter...

Excerpt: ...s argue the SAXC essentially repeats the allegations of the original cross‐complaint and the FAXC and such allegations are insufficient to constitute a cause of action as to the first to sixth, the eighth to fourteenth, and sixteenth causes of action. Each of the causes of action are challenged under Code of Civil Procedure section 430.10(e) for failure to state facts sufficient to constitute a cause of action and for uncertainty under Code of ...