Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash filed by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

Excerpt: ...ntiffs, tog ether with Defendants Walter Jones III (“Jones”) and Mark Douglas (“Douglas”), put together a business plan to form and operate Green America, Inc. In 2018, Douglas and Jones unilaterally converted Green America from a non- profit mutual benefit corporation to a general stock corporation by refiling a Restated Articles of Incorporation with the Secretary of State, which removed Plaintiffs from the business, divesting them o...

Excerpt: ...d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” The parties agree Plaintiff is the prevailing party. Page 8 of 10 At issue in this motion is the reasonableness of Plaintiff's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 10...

Excerpt: ... vehicle is equipped w ith a defective Hydra-Matic 8L90 transmission. (Id.) The vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty covering the engine and the transmission, and various emission warranties. (FAC, ¶ 9.) Before purchasin g the subject vehicle, Plaintiff communicated directly with a sales rep at Rotolo and specifically inquired about the transmission in the vehicle and whether any prior is...

Excerpt: ...standard treatment” for C OVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed of the standard treatment. Eventually, Decedent was admitted to the Medical Center. Defendan ts Ramin Akhavan, MD, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively “Physician Defendants”) concealed the “standard treatment” and in...

Excerpt: ...nstructi on project. Plaintiff moves the court for leave to file a Third Amended Complaint to make changes to the Second Amended Complaint. Plaintiff asserts that recent depositions revealed the foregoing facts and egregious extent of ARB's misconduct in its dealin gs with JOHNSON-PELTIER, the owner, and others working on the project. Plaintiff, JOHNSON- PELTIER, therefore, seeks to file a Third Amended Complaint to allege facts and claims supp...

Excerpt: ...ction ar ises out of a business deal between Plaintiffs JTLH Enterprises, LLC (“JTLH”); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, “Plaintiffs”) and numerous Defendants named in this case. Plaintiffs' action is based on seven causes of action as alleged in their Second Amended Complaint (“SAC”), which is the operative pleading: (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach of ...

Excerpt: ...se after tria l against the PC and now seeks to amend the judgment to add Gurvits individually. CCP § 187 “grants to every court the power to use all means to carry its jurisdiction into effect, even if those processes are not set out in the code.” (McClellan v. Northri dge Park Townhome Owners Ass'n (2001) 89 Cal.App.4th 746, 752.) This statute has been interpreted to give a trial court the jurisdiction to modify a judgment to add additiona...

Excerpt: ...erine Page as Doe 1 (“Page”). Plaintiff, a Canadian citizen, was a passenger in a truck driven by Page at the time of the accident. In the instant motion, Plaintiff now moves for a protective order that prevents the taking of her deposition until her treating doctor, Dr. Margaret Watty, determines she is not in a “very fragile state both physically and emotionally.” (C.C.P., § 2025.420.) On January 26, 2024, Page noticed Plaintiff's depo...

Excerpt: ...54 Cal.App.4th 918, 924. “The trial court has jurisdiction to award them, regardless of the lack of specific instructions in the opinion or the remittitur.” Id. When authorized by statute, contract, or law, reasonable attorney's fees are allowed as costs. CCP § 1033.5(a)(10) (A), (B), and (C). Under Civil Code §1717(a), “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are inc...

Excerpt: ...rounds in G avaldon v. DaimlerChrysler Corp. (2004) 32 Cal.4th 1246.) Post - 998 Offer Attorney Fees However, Defendant is correct that all costs and fees incurred after Plaintiffs rejected Defendant's 998 Offer was served are not recoverable. Pursuant to CCP § 998(c), if the plaintiffs reject a defendant's offer to compromise and then fail to win a more favorable judgment or award, the plaintiffs cannot recover their postoffer costs and must pa...

Excerpt: ...pped on a greasy piz za box and fell at least six stairs causing serious injuries. On October 10, 2023, Plaintiff filed her Complaint against the Garage and the City of Riverside (“City”). She asserts two cause of action for: (1) Negligence —Premises Liability; and (2) Acts and Omission of Public Employees within the Scope of Employment. The City now demurs to the second cause of action against it. The City argues that a pizza box is not a...

Excerpt: ...eyond the sco pe of the allegations of the Complaint. Judgment was entered on January 3, 2024. While Section 473 allows the court to grant leave to amend at any stage of the proceeding, amendments proffered after judgment is rendered are allowed only if the judgment i s vacated as by granting a motion for a new trial. (Young v. Berry Equip. Rentals, Inc. (1976) 55 Cal. App. 3d 35, 38; see also M.B. v. City of San Diego (1991) 233 Cal. App. 3d 699...

Excerpt: ...ing lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendan t who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted...

Excerpt: ...underlying d ebt of the Chapter 11 bankruptcy debtor. The automatic stay does not apply to nondebtors such as corporate affiliates, corporate officers, codefendants, guarantors, or general partners. (See Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979 -980, italics added; Otoe County Nat. Bank v. W & P Trucking, Inc. (10th Cir. 1986) 754 F.2d 881, 883 [“[s]ection 362(a) automatically stays proceedings against the debtor only and not co...

Excerpt: ...99.58 reduced by $11,925 to $266,902.83 Item No. 11 (court reporter fees) is reserved for Plaintiff to provide evidence to support that it was necessary to expedite final transcripts. Hearing on this sole issue is set for 4/5/24 at 8:30 a.m., Department 5. Plaintiff to provide her Supplemental Declaration at least 16 court days Page 9 of 12 before the hearing and Defendant to provide a Supplemental Reply, if any, at least 5 court days before the...

Excerpt: ...ity should b e retained. The attractiveness of consolidation varies widely, depending on the characteristics of the actions involved. Accordingly, there are no fixed rules on when permissive consolidation is desirable. The principal statute regulating permissive cons olidation, CCP §1048(a), specifies only one factor to be considered: whether the actions proposed to be consolidated involve "a common question of law or fact." Therefore,...

Excerpt: ...from nonconformities, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶¶ 10, 12.) The nonconformities Plaintiff complains of include defects of the engine, check engine light, lifters, cylinder s, and other defects. (Complaint, ¶ 10.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to ...

Excerpt: ...i and Si Li u and their agents, employees, officers, representatives, successors, partners, assigns, and those acting in concert or in participation with them, whether acting directly or through a corporation, subsidiary, division, or other device from: 1. Receiving, using, or transferring any funds resulting from the proceeds of any sale, including any foreclosure sales, (collectively, “Funds”) of the following properties: 6286 Nobury Ct., E...

Excerpt: ...ptr. 766 (3d Dist. 1 990); Wolf v. Walt Disney Pictures & Television, 162 Cal. App. 4th 1107, 1138, 76 Cal. Rptr. 3d 585 (2d Dist. 2008)) The motion may be made by any party or the court sua sponte, and allows the court to grant judgment in favor of the party against whom the jury has rendered a verdict whenever a motion for nonsuit or directed verdict should have been granted if such a motion had been made. (CCP § 629) A motion for JNOV is esse...

Excerpt: ...Cotta Street in Lake Elsinore, for which they obtained a loan on 6/26/07 secured by a Deed of Trust (DOT.) The property also has a second mortgage for $50,000, which was recorded on 6/26/81. Plaintiffs allege that Defendant, PLM Lender Services, Inc. (PLM) is the c urrent servicer of the loan. PLM allegedly issued a Notice of Default (NOD) on 7/5/23. Plaintiffs had filed a Chapter 7 bankruptcy and allege that the second mortgage was included in ...

Excerpt: ...rroneously named and served as County of Riverside Tax Assessor's Office (the “County”). Plaintiff alleges that on 2/10/23, he paid property tax on the property located at 850 North Florida Street, Banning, California (the “Property”) using the same tax basis his parents used based on his filing of form BOE -58 -AH, Reassessment Exclusion for Property Transfer Between a Parent and Child (“Reassessment Exclusion Claim”). (Complaint at...

Excerpt: ...r a total reduction of $10,186.63. Factual and procedural background: On 11/1/20, a vehicle driven by Plaintiff George Adams (“Plaintiff”) crashed into the rear of a parked vehicle owned and/or operated by Defendants Tom Chow and SPR Logistics, Inc. (“Defendants”). Plaintiff alleges that Defendants' vehicle was negligently parked so as to cause the accident. Plaintiff suffered personal injuries. On 6/22/21, Plaintiff filed his Complaint ...

Excerpt: ... § 17200. In the Complaint, Plaintiff alleges that on February 15, 2009, Defendant purchased the property located at 16749 Cresent Glen Court, Riverside, California (the “Riverside Property”), and the parties agreed that Defendant would transfer title to the Riverside Property to Plaintiff in 2022, when she graduated medical school. (Complaint at ¶¶ 7, 9.) At the time of purchase, Plaintiff paid $100,000 toward the down payment on the Rive...

Excerpt: ...w brings a moti on to exclude Defendant's designated expert witness, James Oaks, at trial as it has not produced him for deposition despite attempts to meet and confer. In the alternative, Plaintiff requests that Defendant be ordered to provide dates for deposition to occ ur immediately. In Opposition, Defendant contends that Plaintiff did not meet and confer. In addition, it asserts the categories and document requests are overbroad and its obje...