Excerpt: ...aside default was filed (5/27/22), the court entered default judgment against Defendant (6/6/22). In this motion, Defendant contends that counsel was informed about this lawsuit in May 2021. He did not think that he was being informed about a new lawsuit because the name of the Plaintiff in this matter is similar to the name of a plaintiff in another matter brought against Defendant. Due to this, Defendant contends that default should be set asid...

Excerpt: ...mination that RRM's remainder property does not include the South Pit Expansion. The determination of just compensation is measured by what the owner has lost rather than by what the condemner has gained. County of San Diego v. Bressi (1986) 184 Cal.App.3d 112, 123. Where, as in the present case, the proceeding involves condemnation of an easement and the underlying fee retains some value, compensation consists of the decrease in market value due...

Excerpt: ...ired to take judicial notice.” (Code Civ. Proc., § 438(d).) Page 4 of 9 Code of Civil Procedure section 438 sets forth grounds and procedures for a motion for judgment on the pleadings. Such motion has the same function as a general demurrer but is made after the time for demurrer has expired. (Civ. Proc., §438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999, citing Weil & Brown, Cal. Practice Guide: Civil Procedure Befo...

Excerpt: ...eal threat of immediate and irreparable injury.” (Triple A. Machine Shop, Inc. v. State of California (1989) 213 Cal.App.3d 131, 138.) Here, Plaintiff will suffer harm because she will lose her home. Thus, the issue is a probability of prevailing on the merits. JUDICIAL NOTICE REQUESTS: 1 However, in Rattagan v. Uber Technologies, Inc. (9th Cir. 2021) 19 F.4th 1188, the Ninth Circuit recently certified the following question to the California S...

Excerpt: ...properly licensed at the time it was awarded the contract with Desert Horizon, such conduct would not amount to actionable unlawful interference. (Settimo Associates v. Environ Systems, Inc. (1993) 14 Cal.App.4th 842, 846.) Likewise, Defendant's RJN of minute orders, tentative ruling and Plaintiff's responses to written discovery are also denied. On October 16, 2020 Plaintiff NPG, Inc. (“Plaintiff”) filed the original complaint in this unfair...

Excerpt: ... 951, 973‐74 [“A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud. An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract”].) The elements of an action for fraud based on concealment are: (1) the defendant concealed a material fact...

Excerpt: ...r warranty. Cal. Civ. Code §1793.22(e)(3). Thus, the definition would appear to apply to the vehicle as represented by plaintiffs. Accordingly, the motion is granted with 20 days' leave to amend as to the causes of action based on the Act. To be actionable, the defendant must have been under a duty to disclose facts to plaintiff. This duty can arise from a fiduciary relationship, when the defendant had exclusive knowledge of material facts not k...

Excerpt: ... Because it deprives the opponent of the opportunity to counter all the evidence offered in support of the motion, “[t]he general rule of motion practice . . . is that new evidence is not permitted with reply papers.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537‐1538.) It should be allowed only in an exceptional case, and only on the condition that the opposing party be given the opportunity to respond. (Ibid.) When a preliminary inju...

Excerpt: ...the owner of the subject property, even though title to the subject property is held in the name of his wife, defendant Demarus Lacatus (“Lacatus”). Borsa signed the Purchase Agreement on behalf of Lacatus. The terms of the Purchase Agreement included a purchase price of $700,000 (later modified to $695,000) and with a close of escrow date of 7/14/21. Plaintiffs were to deposit $50,000 with the remaining funds to be financed through a Small B...

Excerpt: ...f $1,200 against Plaintiff and her counsel of record. Factual and procedural background: Plaintiff Michelle Abarca alleges she was wrongfully terminated from her employment as an assistant manager of Foot Locker. Plaintiff filed her Complaint on 5/5/21, alleging 14 causes of action for pregnancy discrimination and Labor Code violations. Page 4 of 14 On 8/31/21 Defendant served Requests for Production, Set One on Plaintiff. Plaintiff served respon...

Excerpt: ...cement of the arbitration agreement or that it is a third‐party beneficiary of the sales contract. The court, further, finds that the authority cited by Nissan for enforcing the arbitration agreement is distinguishable and not binding. (See Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 490.) Factual and procedural background: Plaintiffs purchased a used 2016 Nissan Quest (“subject vehicle”) that was manufactured by defendant Nissan Nor...

Excerpt: ...r responses to any of the interrogatories that were supplemented so this motion is not moot. UHS‐Corona provided information about hiring, termination and voluntary resignation for registered nurses working the L&D department from 2014 to 2017, but plaintiff now seeks the information for all RNs in the entire hospital for 2014 to 2018. (Requests 71, 72, 75, 78, 79, 82, 83, 86, 87, 90‐93, 98‐101, 106 ‐109, 114‐117, 122‐125) There is no...

Excerpt: ...s no proof of service indicating that TravelHost Network was served with the Opposition electronically or otherwise. Since defendants were able to timely file a reply on the merits though there is no prejudice from any irregularity in service of the Opposition as will be discussed further below. Plaintiff alleges he purchased from Defendant David Portener (not a party to the instant motion) the tangible and intangible assets related to the publis...

Excerpt: ...Breach of Implied Warranty—Magnuson Moss Warranty Act; 3. Song‐Beverly Consumer Warranty Act; 4. Song‐ Beverly Consumer Warranty Act. Plaintiff filed a conditional Notice of Settlement of Entire Case on 4/21/22. Plaintiff now brings a motion to enforce the settlement under CCP § 664.6. Plaintiff argues that on 4/18/22, she accepted VW's offer to repurchase the vehicle, which offer had been made in a letter from VW to plaintiff's counsel. D...

Excerpt: ...s against various cross‐defendants including moving Cross‐Defendant State Farm. Defendants contend they were insured by State Farm and that State Farm has failed to make any effort to investigate the claim or make appropriate payments to vendors including Plaintiff. Defendants contend State Farm maladjusted the claim, and after Plaintiffs demanded appraisal under the insurance policy, State farm obstructed an interfered with the appraisal pro...

Excerpt: ...bitration agreement. Defendants argue that all of plaintiff's claims are subject to the Agreement, which defines claims broadly. Defendants argue that the Agreement is not substantively unconscionable because it provides all relief available, allows for adequate discovery and requires the employer to pay the arbitration fees. Defendants argue that the Agreement is not procedurally unconscionable. Defendants argue that the refusal to arbitrate was...

Excerpt: ...hat Anaya signed to effectuate the purchase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Anaya should be estopped from asserting that it may not enforce the agreement. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Ar...

Excerpt: ...about Plaintiff's claims pre‐ litigation. (Id.) On 2/18/19, Plaintiff received payment of $13,188.05 for his property damage arising from the subject incident from Geico, his insurance carrier. (Id. at ¶ 4.) On 5/1/19, Topa paid property damage policy limits of $10,000.00 in full to Geico pursuant to Geico's subrogation demand. (Id.) In May and June of 2020, Topa offered bodily injury policy limits of $15,000.00 to Plaintiff, which was rejecte...

Excerpt: ...n the grounds that Kirnos does not have personal knowledge of the time spent in this case because he did not work on the case himself. However, Kirnos' declaration makes clear that he is the managing partner of Knight Law Group (¶1) and that he has personal knowledge of the facts in his declaration (¶1). This is sufficient for the testimony provided in his declaration, as such, the objection is overruled. ATTORNEY'S FEES The prevailing buyer ha...

Excerpt: ... and third causes of action alleged in the First Amended Complaint (“FAC”) after the Court's sustaining in part and overruling in part the demurrer of Defendant Araceli to the original Complaint. In its ruling on the previous demurrer, the Court sustained the demurrer with leave to amend as to the second, third, and seventh causes of action for (1) breach of implied covenant of good faith and fair dealing, (2) promissory estoppel, and (3) int...

Excerpt: ...ed on the proffered and unopposed evidence, the Court granted a temporary restraining order prohibiting Defendant Harris from transferring, encumbering, or otherwise committing waste or diminishing the value of the vehicle at issue here, but denied the request for possession. The Court hereby dissolves the temporary restraining order and enters in its place a preliminary injunction prohibiting Defendant from transferring, encumbering, or disposin...

Excerpt: ...use the Act was not enacted until March 3, 2022, the conduct involved in this case occurred in May 2021 (Complaint, ¶ 9), and the Act is not retroactive, it does not apply to this case. Moreno Valley seeks to compel arbitration under an arbitration agreement that was signed by Plaintiff's husband. Plaintiff argues that Moreno Valley has failed to provide evidence that her husband had authority to bind Plaintiff to said agreements. Moreno Valley ...

Excerpt: ...lunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. On June 15, 2021, the Complaint in this action was filed by Plaintiffs Jose Victor Lopez and Juan Esteban Justinico Tovar, who are the surviving spouse and son of the decedent, Monica Lopez, for wrongful death and personal injury. The action named Perea and other entity defendants. Since then, multiple suits by o...

Excerpt: ...Plaintiffs each have a 33 1/3 interest in the property, that there are no other parties who have an interest in the property, and that the property should be sold by partition. Instead, Defendant asserts that the Court cannot grant summary judgment because there are specific orders that the Court must make related to the selection of the real estate broker who will list the property, Defendant's ability to participate in the acceptance of a reaso...

Excerpt: ...e proposed cross‐complaint would be alleged against cross‐defendants who are not parties to the underlying judgment. Similarly, the Court has no doubt that the Agency is authorized by the judgment to bring an action to abate the unauthorized or excessive use of water within the basin against water producers who are not now parties to the judgment. That is what the Agency proposes to do by way of its second amended cross‐complaint. The quest...