Excerpt: ...eement”) with Def endant Rene Delgado Hernandez (“Defendant”) pursuant to which Plaintiff, as the sole shareholder of Ultimate Tint & Wheel, Inc. (“Corporation”) agreed to sell her 10,000 shares in the Corporation to Defendant for $600,000. Under the terms of the Agreement, Defendant was to transfer interest in real property valued at $100,000 to Plaintiff on the date of execution of the Agreement, and thereafter make monthly payments o...

Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...

Excerpt: ...Ayala Flores (“Mr. A yala” per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC (“E AN”), the owner of the rented vehicle (a Ford Fusion). EAN Holdings has requested that the Court rule on its Motion in Limine No. 1 regarding the standard of care of...

Excerpt: ....76 acre s and located in a W-2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low -density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obta...

Excerpt: ...es of actio n for: (1) private nuisance; (2) public nuisance; (3) intentional interference with prospective economic relations; (4) preliminary and permanent injunctive relief, and (5) declaratory judgment. Plaintiff alleges in its verified Complaint that, since the early morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to...

Excerpt: ...express limited w arranty and implied warranty of merchantability. Plaintiff alleges the vehicle came equipped with material defects that Kia's authorized repair facility was unable to repair, and Kia refused to buyback or replace the vehicle. Plaintiff filed the Complaint on February 10, 2023, alleging 1) violation of the Song Beverly Consumer Warranty Act; and 2) violation of the Magnuson- Moss Consumer Warranty Act. Defendants now move for ju...

Excerpt: ...tained the real property of 5302 Mission Boulevard, Jurupa Valley, California 92509 (the “Property”) as a public nuisance, in violation of California law and the Jurupa Valley Municipal Code (the “Municipal Code”). In the Complaint, the City prayed for payment of its costs and a ttorney's fees. (Complaint, page 22; Civil Code § 3496(c).) On July 3, 2023, the Court entered a Judgment for Permanent Injunction (the “Judgment”) against D...

Excerpt: ...y Wash Bri dge 560168R (bridge) in Whitewater. Plaintiff alleges that on 2/15/23, the premises were in a dangerous condition that created a substantial risk of the type of injury he sustained. Plaintiff alleges he was a passenger in a vehicle driven by Veronica Rivas , who was driving eastbound on I -10 when she hit a black object in her lane that she could not avoid. The black object was the bottom of an orange plastic traffic/construction drum ...

Excerpt: ...February 2, 2023, this court heard and sustained all three causes of action in Plaintiff's First Amended Complaint alleging for 1) cancelation of written instruments, 2) quiet title, and 3) declaratory relief and granted Plaintiff leave to amend. Page 4 of 8 Thereafter on February 16, 2023, Plaintiff filed a Second Amended Complaint alleging the same three causes of action for 1) cancellation of written instructions, 2) quiet title, and 3) decla...

Excerpt: ...fication inspection on the sub ject vehicle and advertised the vehicle for sale as “certified. (Id., ¶¶ 6, 7.) The vehicle came with Defendant's 90 -day or 4,000 miles express warranty. (Id., ¶ 13.) At the time of sale, Defendant's employee Daniel Lomeli (“Lomeli”) gave Plaintiff the Cer tified Inspection Report, which stated that the air conditioning system had been thoroughly inspected, that the evaporator met Defendant's standards ...

Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...

Excerpt: ...unlawful sexual conduct against Plaintiff, to meet the extended statute of limitation pleading requirements of CCP § 340.1(c). (FAC Paras. 26 -28,30.) The FAC alleges that Sharp groomed Plaintiff while attending bible study at Sharp's home, that the Defendant church el ders saw Sharp follow Plaintiff into and out of a single person bathroom unsupervised for extended periods of time, and failed to investigate, terminate or take any actions agains...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...

Excerpt: ...” notwithstanding the s tay. (CCP §425.16(g).) The court should allow reasonable and specified discovery “when evidence to establish a prima facie case is reasonably shown to be held, or known, by defendant or its agents and employees.” (Lafayette Morehouse, Inc. v. Chronicle Pub lishing Co. (1995) 37 Cal.App.4th 855, 868.) To show good cause, however, plaintiff must make a prima facie showing at least as to the elements of the claim for ...

Excerpt: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...

Excerpt: ...ocedural Context Plaintiff, Gavin Ferreira, a minor, by and through his Guardian Ad Litem, Joseph Ferreira, alleges that on 8/28/22, when he was eight years old, he was at Defendant, Barnes Ventures, LLC dba Jump N Jammin in Moreno Valley, which is an indoor c hildren's amusement center. Plaintiff was playing in the jungle gym when he fell forward and struck his mouth on an exposed beam of the play structure sustaining severe injuries to his mout...

Excerpt: ...that the Defend ants contacted her “sometime after October 25, 2023, and prior to their due date to respond to the complaint . . . to confirm that I was handing the response to the complaint pursuant to their insurance policy with Generali Global assistance,” but that def ault was entered before the insurance carrier could fully assess coverage and retain defense counsel. (Rivas Dec., ¶¶ 4, 5.) There is no declaration by any of the defenda...

Excerpt: ...Code §§ 1601 and 1602. In the FA C, Plaintiff alleges that, at all times relevant to his claims, he was a director (CEO) and 12.195% shareholder in Fleetwood. (FAC at ¶¶ 1, 7, 21.) Although the board of directors of Fleetwood attempted to remove him as a director on February 11, 2022, Fle etwood filed its Statement of Information with the Secretary of State on July 7, 2022, and identified him as a director at that time. (FAC at ¶ 8, Ex. A....

Excerpt: ...as shopping at Defendant 's store when she tripped on an unmarked and/or unsecured lumber and/or similar item on a cart, causing her to fall and sustain injuries. (Compl. ¶ 8.) On December 28, 2021, Defendant filed its Answer, denying each and every allegation in the Complaint an d asserting affirmative defenses based on the fact that Plaintiff's injuries/damages were caused by the negligence and fault of someone other than Defendant, and the c...

Excerpt: ...tes. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pr...

Excerpt: ... 8:30am. A ll sides are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context Plaintiff Zohair Mesrizadeh dba VIP Style Constructions (“VIP Style”) filed the original complaint in this action on February 23, 2023 and the first amended complaint (“FAC”) on July 20, 2023 against defendants Abdallah Nazmi Abu -Samrah (“Abdallah”) and Reham Shaath (“Shaath”) (together, “Defendants”). T...

Excerpt: ...ed by the econ omic loss rule. However, the court sustained, with leave to amend, as to the fraud cause of action on the grounds that the Complaint did not plead with specificity, but rather only conclusory statements. As the concealment was based on providing false or i ncomplete statements, the court found that the pleading must at least set forth the substance of the statements at issue, which it did not. Defendant Ford Motor once again demur...

Excerpt: ...FMC), (2) Violation of Civ. Co de § 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code § 1793.2(a)(3) of Song -Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement – Concealment (against FMC); and ( 6) Negligent Repair (against Palm). Plaintiff alleges that, on March 28, 2023, he entered into a warranty contract regarding a 2023 Ford F150, which was manu...

Excerpt: ...ffice manager. The complaint sets forth claims for breach of contract and common counts based upon a written contract for collection services (the “Contract”). Plaintiff seeks $5,828.02 in alleged unpaid fees. The Contract includes a forum selection clause requiring that any dispute be litigated in Superior Court of California for Los Angeles County, Riverside County or Orange County. Defendant now moves to dismiss for lack of personal jurisd...