Excerpt: ...el Hernandez and Sandra Madrigal De Hernandez breached the CC&Rs by installing a shed and covered barbecue / patio cover in their backyard without first obtaining approval from the Association. On 9/12/23, Mrs. Hernandez was served with the summons and complaint by p ersonal service and Mr. Hernandez was served by substituted service. On 10/27/23, Defendants' default was taken by Plaintiff. On 2/21/24, Defendants filed this motion to vacate and...

Excerpt: ... 697.) Fur thermore, while Defendant cites to CRC rule 8.54 regarding motions, Title 8 of the California Rules of Court governs motions in the appellate court, not the trial court, and is thus, inapplicable. This is not a Motion for Summary Judgment. It does not app ear Plaintiff seeks summary judgment. By this motion, Plaintiff seeks preliminary injunctive relief prohibiting Defendant from implementing the Decision pending the hearing on the mer...

Excerpt: ...ase stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to exper...

Excerpt: ...led, Defendant to file their answer within 20 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This action arises out of Plaintiffs Rosa Chai and Tony Chai's (“Plaintiffs”) sustaining injuries from bedbugs at the Westin Miss ion Hills Resort Villas hotel (the “hotel”) in Rancho Mirage. On July 31, 2020, Plaintiffs checked into the hotel and were assigned Room 3913. On August 3, 2020, Mr. Chai beg...

Excerpt: ....5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against Defendants, including Providenc...

Excerpt: ... Resort. C ity of Palm Springs police officers (“City”) came to the residence and eventually arrested Plaintiff using excessive force and caused Plaintiff to suffer serious injuries. Plaintiff alleges that the police officers had a duty to keep him safe, even while a rresting him, and that the City is liable for the officers' conduct. Plaintiff filed his operative First Amended Complaint (FAC) on 3/1/24 alleging three causes of action: 1) ne...

Excerpt: ...rth (declaratory relief) causes of action; overrule as to the second (quiet title) and third (prescriptive easement) causes of action. This is a boundary dispute between Plaintiffs and their neighbor, the Colorado Riviera Community Association. Plaintiffs allege four causes of action for: (1) nuisance; (2) quiet title; (3) prescriptive easement; and (4) declaratory relief. Plaintiffs have also named numerous individual defendants, who are alleged...

Excerpt: ... regarding a 2015 GMC Sierra 2500. Plaintiffs allege defects and nonconformities to warranty manifested during the warranty period including the battery; the engine; among other defects and non- conformities. On 1/26/22, Plaintiffs filed a Song -Beverly complaint asserting: (1) breach of express warranty – Civil Code § 1793.2(d); (2) Civil Code § 1793.2(b); (3) Civil Code § 1793.2(a)(3); and (4) breach of implied warranty; of merchantabilit...

Excerpt: ...85) causes of action. Sustain the demurrer to the 2nd through 8th causes of action, and grant Plaintiff 20 days leave to amend (one final attempt to amend to adequately allege facts supporting these causes of action). Second COA: While Plaintiff states, in a conclusory manner, that Defendants discriminated against him because of his condition [FAC at ¶¶ 51 -52], the only conduct that Plaintiff identifies is (1) a single write up for failing t...

Excerpt: ...tements pri or to that date. Factual/Procedural Context On September 17, 2020, Plaintiffs Paula Lee and Dylan Lee (“Plaintiffs”) entered into a warranty contract with Defendant Ford Motor Company (“Defendant” or “FMC”) regarding a 2020 Ford F150. (First Amended Complaint [“FAC”] ¶ 8, Ex. A.) Plaintiffs allege that the subject vehicle came with known defects, including transmission defects, electrical defects, suspension defects, ...

Excerpt: ...neral demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (C.C.P. § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their co ntext. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which ma...

Excerpt: ...pt in cases whe re Health & Safety Code § 1799.110 applies, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaintiff.” (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1166; Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Avivi v. Centro...

Excerpt: ... all eleven requests. As to sanctions, Plaintiff's request is granted in reasonable reduced amount of $800. Evidentiary Objections Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, and conc lusory; as to nos. 1-4, it is overruled; and nos. 5 -7, it is sustained. Service of a proper deposition notice obligates a party or party -affiliated witness to attend and testify, an...

Excerpt: ...failure t o engage in the good faith interactive process, 3) wrongful discharge, 4) retaliation for opposing unlawful practices, 5) retaliation for requesting accommodation, and 6) failure to prevent discrimination. In the instant motion, Defendant Coachella Valley Water District moves the court to compel Plaintiff to submit to an independent mental examination, pursuant to CCP §2032.310. In support of the motion, Defendant's counsel Jorge Luna ...

Excerpt: ...s settled his individual claims, the Court should dismiss the Class and PAGA claims, without prejudice, as plaintiff is not a valid class representative or aggrieved employee. Plaintiff argues that this is a class action and that the purported settlement is void, un enforceable, and cannot support a dismissal because: 1) it was obtained by fraud – defendants lied to plaintiff telling him that plaintiff's counsel had agreed with the proposed set...

Excerpt: ...le neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP §473(b), the court is required to vacate any default or dismissal “whenever an application for relief is made no more than six month s after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or n...

Excerpt: ...employment action ; and (4) the adverse employment action occurred due to the plaintiff's protected class. Reeves v. MV Transportation, Inc. (2010) 136 Cal.App.4th 666, 673. Based on the ruling on the Motion to Deem Matters Admitted, Plaintiff has admitted that he was not d iscriminated against. (Requests for Admission Nos. 4 -6, 8.) As such, this claim fails. The second cause of action is for retaliation. The necessary elements of a retaliation ...

Excerpt: ...“on the same terms” as their previous extensions. Plaintiffs fourth supplemental brief filed on 2/27/24 provides a concise recitation of the allegations and evidence to support each of the claims now asserted in the FAC. In the supplemental brief filed on 4/5/24, P laintiffs argue the discovery disputes manufactured by Defendants are a distraction and only seek to obtain evidence to support their counterclaims, which are not relevant to Pla...

Excerpt: ...e that as to Rob ert Reyes the Cross-Complaint fails to plead his capacity to sue or involves a misjoinder. A motion for judgment on the pleadings addresses defects in a pleading that are disclosed on the face of the pleading or that are subject to judicial notice. (Code Civ. Proc., § 438(d); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reason...

Excerpt: ...t particular gro und, the matter is properly before the court and the defect in the notice of motion should be disregarded. [Citation].” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Here the notice states the Motion is being made upon the accompanying papers. Thus, the defect in the notice is disregarded. Attorneys' Fees “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reason...

Excerpt: ...it lost over $82,000 t hat it expended in pre-development expenses and lost profits in excess of $4.82 million. On January 10, 2022, Plaintiff filed the original complaint alleging contract and fraud related claims against Balcor. In February 2022, Balcor sold the subject prope rty to another buyer, Cook Capital Fund, who assigned the sales contract to Reed Street LLC, which later changed its name to Pacific Homes at Magnolia, LLC (collectivel...

Excerpt: ...ff, individually and deriv atively on behalf of Fleetwood, asserts 9 causes of action against Fleetwood and Defendants, Janice McCoy, Mica Gumbleton, Mara McCoy Cartier, and Michele Davis (the “Employment Action”). On January 4, 2024, the Court in that action granted Fleetwood's mot ion to compel arbitration as to Plaintiff's individual claims only. On February 2, 2024, Defendant filed a motion to compel arbitration. On February 28, 2024, th...

Excerpt: ...oof of servic e pursuant to Cal. R. Ct. 3.110 and failure to timely file and serve an updated and complete case management statement. The OSC was continued several times, until 2/9/22, the court dismissed the action without prejudice for failing to submit a declaration in response to the OSC. The court entered the dismissal order on 2/22/22. On 8/19/22, Plaintiffs filed a motion to set aside the dismissal under CCP §473(b) based on counsel's e...

Excerpt: ...s allege tha t during the warranty period, the vehicle suffered defects relating to the engine, transmission, and loss of power, that Honda's authorized repair facility was unable to repair despite a reasonable number of attempts. Plaintiffs brought suit alleging the f ollowing causes of action: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); (3) Violation of Civil Code §1793.2(a)(3); (4) Breach of Express Writt...

Excerpt: ...tiffs the Kamins kis contracted with dismissed Defendant Moving Solutions to act as a shipping broker. Moving Solutions was to arrange to have Plaintiff's belongings and household goods shipped from California to Texas. (FAC ¶ 7.) At some point Hermes Moving was engaged to move the property. (FAC ¶ 9.) The gravamen of this lawsuit is Plaintiffs' contention that Hermes did not deliver all of their property, and damaged some of the property that ...