Excerpt: ...eaded, cannot be established, or that there is a complete defense to that cause of action. (CCP Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v. Atlantic Richfi...

Excerpt: ...de, S 9000(a) defines a creditor's claim as follows: "Claim" means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the decedent, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the decedent's death, whether assessed before or after the decedent's death, other than property taxes and assessme...

Excerpt: ...]he nature of the right sued upon and not the form of achon nor the relief demanded determines the applicability of the statute of limitations under our code.' " (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22—23.) Thus, the court will follow Hensler and focus on the gravamen of each cause of action. 1. Song- Beverly, Breach of Express and Breach of Implied Warranties Commercial Code 52725 governs the applicable statute of limitations. (Mex...

Excerpt: ...ber 3. Defendants assert that the Court should strike these portions of Plaintiff's Complaint because there are no material allegations of fact sufficient to support punitive damages. The Court agrees. Code of Civil Procedure section 436, subdivision (a), provides that a court may "[s]trike out any irrelevant, false, or improper matter inserted in any pleading." In ruling on a motion to strike, the allegations in the complaint are considered in c...

Excerpt: ...) intentional tort— assault (against Kauvaka); (3) negligence (against Raincross); and (4) assault and battery (against all Defendants). Plaintiff sought damages for loss of earnings and loss of earnings capacity, among other things. Plaintiff owns his own advertising and marketing business, 951 Promotions, Inc. in which he is the president. (Def.'s Notce of Lodgment, Ex. 1.) Plaintiff claims that he lost at least $25mo in income as of 3/12/202...

Excerpt: ..., LLC ("GM") regarding a 2021 Chevrolet Silverado 15CK) (the "Subject Vehicle"). (Complaint, 96.) Plaintiff alleges that her 2021 Chevrolet Silverado 1500 vehicle, which was manufactured and distributed by GM, suffers from widespread defects—including the Transmission Defects—and that GM has unable to repair the vehicle within a reasonable of attempts. Plaintiff also alleges that GM knew that the vehicle suffered from prevalent defects, but n...

Excerpt: ...th leave to amend within 20 days; as to the Second Cause of Action, the Demurrer is overruled; as to the Fourth Cause of Acton, the Demurrer is sustained without leave to amend; the Demurrer to the Fifth Cause of Action is sustained. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpretation by re...

Excerpt: ...o provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). 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...

Excerpt: ...o the fifth, seventh and ninth causes of action because Plaintiff failed to plead the alleged misrepresentations with sufficient specificity. The demurrer is overruled as to the sixth cause of action because fraud by concealment requires less specificity than fraud based on affirmative misrepresentations. The economic loss rule does not apply to claims based on fraud. Request for Judicial Notice: Defendant requests judicial notice of the Policies...

Excerpt: ...s that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, '1 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Complaint, 7.) Mollie had difficulty making the monthly mortgage payments, and in 2018, she entered into a reverse mortgage with RME (Complaint, 8-9.) Mollie died on September 24, 202...

Excerpt: ...filed the complaint (the "Complaint") on February 14, 2022 against defendant General Motors LLC ("GM"). Plaintiff alleges that on March 2, 2019, she purchased a 2017 Chevrolet Camaro (the "Subject Vehicle") and received a written warrantyfrom GM. (Complaint, 11'18-9, 17.) Plaintiff alleges that the Subject Vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects, including transmission and str...

Excerpt: ...dant argues Plaintiff failed to comply with the Government Claims Act, the causes of achon are barred by the workers' compensation exclusivity rule, some of the alleged conduct occurred outside the statute of limitations, the alleged conduct remaining is insufficient to support the causes of action, and injunctive relief is a remedy, not a cause of action. In Opposition, Plaintiff argues her claims are not barred by failure to adhere to the Gover...

Excerpt: ...y GM. (FAC, 3, 4.) The purchase came with a bumper to bumper warranty and powertrain warranty. (FAC, '14.) GM marketed and sold its new eight-speed automatic transmission as having "word- class performance" "rivaling top performance vehicles, lightning-fast and smooth shifting, along with improved fuel efficiency, among other representation." (FAC, '1 9.) Plaintiff alleges that, prior to purchase, he spoke with dealer sales representative about t...

Excerpt: ...rain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle. Plaintiff alleges that Defendant refused in violation of the Song Beverly Consumer Warranties Act ("Song Beverl...

Excerpt: ...lief under CCP S 473(b) is applied where the party seeks prompt relief and where there will be no prejudice to the plaintiff. Miller v. City of Hermosa Beach (1993) 13 Cal.App.4th 1118, 1135. "A mistake of fact is when a person understands the facts to be other than they are; a mistake of law is when a person knows the facts as they really are but has a mistaken belief as to the legal consequences of those facts." Hodge Sheet Metal Products v. Pa...

Excerpt: ... ZAMBORELLI ENTERPRISES is ordered to file its memorandum of points and authorities in support of its opposition (See Cal. Rules of Court, rule 3.1350, subd. (e)(l) [the opposition to a motion for summary judgment or summary adjudication must contain a memorandum of points and authorities]) by 4:00 p.m. on Friday, September 1, 2023. On August 17, 2023, Zamborelli filed documents in support of its opposition, including a separate statement in resp...

Excerpt: .... Castro allegedly convinced Kleczka to purchase The 19th Hole restaurant or contribute funds to do so through an LLC, Castriinilexini, LLC. These are commercial claims that are not secured, and are premised on, among other things, elder abuse allegations. Here, Plaintiff seeks a temporary restraining order and right to attach order. Attachment is a purely statutory remedy by which the property of a defendant is "seized" in advance of trial and j...

Excerpt: ...a wrongful manner. (Coleman v. Gulf Ins. Grp. (1985) 41 Cal.3d 782. An action for abuse of process does not lie where process is used properly even though the motive may be bad. (Abraham v. Lancaster Community Hospital (1990) 217 Cal.App.3d 796, 826.) Plaintiff asserts the Defendant filed the civil harassment restraining order action to harass and silence Plaintiff from lodging complaints of potential child abuse and neglect. However, filing a la...

Excerpt: ...ly identified deficiencies in the first three causes of acton. The Third Amended Complaint still fails to allege a definite oral easement or interference with particular rights. A grant of an oral easement may overcome the statute of frauds if formed by an executed oral agreement. Here, Plaintiffs allege that since the early 1960s, Dunlevie, as the owner, agent, and offcer of the three entities, Desert Bermuda Development Company, Jamaica Sands, ...

Excerpt: ... 1/12/23, Plaintiff filed a notice of settlement. Plaintiff moves for attorney fees of $38,323.53, consisting of $24,178.50 in fees, a 1.35 multiplier, $2,182.65 in costs and for drafting this motion. The parties settled after Plaintiff accepted Defendants' CCP 5998 offer. Plaintiff discusses the procedural history and contends the amount is reasonable. Plaintiff contends there is no duplication. Plaintiff argues a multiplier is warranted due to ...

Excerpt: ...een contacted and her financial situation and options had been explored. The compliant indicates she did not receive any mail or messages from Nationstar. (Complaint, 27.) However, the complaint does not say that she did not speak to anyone from Natonstar. 2 nd CofA: Based on recorded documents, Affinia Default Service, LLC, as trustee for the beneficiary, recorded the notice of default. This document was recorded on 2/23/18. (RJN Exhibit 6) Thre...

Excerpt: ...rake system defects, engine defects and body defects that Ford's authorized repair facility, defendant Hemborg Ford ("Hemborg"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on May 18, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, and a fifth cause of action for negligent r...

Excerpt: ...erly (express warranty); (2) violation of Song-Beverly (implied warranty); (3) Civ-l Code 51793.2, and (4) fraudulent inducement/concealment. Trial is not set. Plaintiff moves to compel further responses to requests for production, nos. 1-64, contending that Defendant served boilerplate objections. He contends that Defendant was aware of the transmission defects in multiple vehicles. He asserts the information is directly relevant to the civil pe...

Excerpt: ...sition Subpoena for Personal Ap#arance and Production of Documents and Things issued by Plaintiffs on July 14, 2023, to third-party Victor Monteleone. underwriters brings this motion on the ground that the deposition is untimely as fact discovery has been closed in this case since March 15, 2023, with the original trial date being April 21, 2023. On March 22, 2023 the Parties executed a Stipulation to continue trial until October 2, 2023 ("Stipul...

Excerpt: ... following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. Without valid service of summons, the court never acquires jurisdiction cwer defendant. (C.C.P., S 418.10(a)(1); see Kremerman v. White (2021) 71 Cal.App.5th 358, 371 ["compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a de...

Excerpt: ...into three construction contracts with general contractor Defendant Watkins Landmark Constructon and Jody James Watkins (collectively "Watkins"). The three agreements include: Work Site Contract, Holiday Inn Contract and Residence Inn Contract. Each contract contained a contract price and set number of calendar days for completion. On June 30, 2017, JL Hotels assigned its interest to Plaintiff Moreno Valley JL, LLC ("Plaintiff" or "MVJL"). In the...

Excerpt: ...y, defendant Ford of upland ("upland"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on June 27, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, a fifth cause of action for fraudulent inducement — concealment against Ford, and a sixth cause of action for negligent repair ag...

Excerpt: ... prospective economic advantage, and (4) negligent interference with prospective economic advantage. Accordingly, the Motion to Strike is granted as no breach of fiduciary duty has been stated and no underlying tort cause of action has been stated on which to claim punitive damages under Civil Code 53294. As to Evidentiary Objections: "A demurrer is a pleading used to challenge the legal sufficiency of an pleading based on defects that appear eit...

Excerpt: ...ied in April. Marshall's wife, Plaintiff Eaton, sued EMC and its alleged administrator, Martin Massiello alleging: (1) dependent adult elder abuse (Welf & Inst. Code 515600, et seq.); (2) Medical Malpractice Survival Action (Code Civ. Proc„ 5377.20); (3) Willful Misconduct; (4) Negligent Infliction of Emotional Distress; and (5) Wrongful Death. Massiello demurrers to the complaint and all causes alleged against him on the basis that fails to st...

Excerpt: ...indenture. On 6/14/23, County filed a declaration of summary basis of appraisal for just compensation of $49 and $1,350. County moves for prejudgment possession of two slope easements, a temporary construction easement and a road easement. County has deposited the probable compensation ($1,850) with the California State Treasurer. It has an overriding need for possession as it proposes to widen the median and shoulders along Gilman Springs Road f...

Excerpt: ...operty is 150.52 acres in Riverside County located adjacent to Cereal Street in Lake Elsinore. (SAC 911.) The parties entered into a Standard Offer, Agreement and Escrow Instruction for Purchase of Real Estate (Vacant Land) on 8/31/21. (SAC 912.) The Purchase and Sale Agreement requires Defendant to provide Plaintiff with all documents and information pertaining to the property and requires Defendant to certify to Plaintiff upon delivery that all...

Excerpt: ... is supported by sufficient undisputed facts. (St. Paul Mercury Ins. Co. v. Fronter Pac. Ins. Co. (2003) 111 Cal.App.4th 1243, 1248.) The golden rule of summary judgment is if it is not set forth in the separate statement, it does not exist. (United Community Church v. Garcin (1991) 231 Cal. App. 3d 327, 337.) If summary adjudication is sought, the specific causes of action, affirmative defense, claims for damages, or issues of duty must be state...

Excerpt: ...intiff Heather Chacon ("Plaintiff") tripped and fell on the premises of the Rustic Lane Elementary School. Plaintiff retained Defendants Gerald Marcus and the Law Offices of Gerald Marcus ("Defendants"). Defendants served complaints under the Government Claims Act on the City of Riverside, Jurupa Valley Unified School District and the County of Riverside, and, after the claims were rejected, filed a civil action against these entities. However, i...

Excerpt: ...his Court after a trial on the merits awarded Orr Builders, the general contractor on the Sunniva Project, several million dollars in connection with its mechanic's lien foreclosure action as against Bobs. Bobs appealed on August 3, 2023. A jury trial in the action at bench is set for hearing on September 15, 2023. The basis for the request for stay is that the damages sought by Bobs in this case are partially premised on the damages awarded in t...

Excerpt: ...rivacy interests of Defendant and nonparties justifies disclosure of such information. Defendant's argument that USRECH has failed to demonstrate that any of the documents sought by the subpoena have anything to do with Plaintiff's claim or that the subpoena answers no question relevant to the dispute is not persuasive. Although financial records which go to demonstrate available assets held by a defendant in a civil lawsuit, and not to the heart...

Excerpt: ...in order for Defendant to save money. ("17, 18.) Plaintiffs allege this made the home not level. ('120.) Since the home is not level, an infiltration of water, dust, pests, air, and other pollutants has occurred. (921.) Due to the water infiltration, the home is contaminated with poisonous black mold. (922.) Plaintiffs assert the home is unsafe for human occupation. (923.) Plaintiffs filed the instant Complaint against Defendant on May 26, 2022 a...

Excerpt: ...alch, LaVonne Perez, and Egle Balsiene (collectively "Plaintiffs") were nurses for Eisenhower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) violation of FEHA — religious creed discrimination and failure to accommodate, (2) violation of FEHA ...

Excerpt: ...le; (3) quiet title; (4) elder abuse; (5) cancellation of written instrument; (6) UCL—open ended document and good faith; (7) UCL—bill padding; and (8) legal malpractice. Plaintiffs, Lisa and Michael entered into a Legal Services Agreement with The Turoci Firm ("Firm"), and Plaintiff Sandra executed a note ($21,678.73) secured by a deed of trust to the Firm with Western Star Financial Inc. as the trustee, for legal services provided in the Ba...

Excerpt: ...ing of April 11, 2023 deeming admitted the Defendant's Request for Admissions, Set One. Plaintiff argues that the Court abused its discretion in granting the motion to deem matters admitted, because responses to the Request had been provided and one hour after the hearing Plaintiff "cured the administrative procedural mistake or excusable neglect by having Plaintiff's response verified and served the verified response to Defendant." Plaintiff ass...

Excerpt: ...As the Court would prefer to decide this issue on the merits, the Court shall order Plaintiff to file the opposition within 3 court days, and the Court shall set Ford's demurrer on September 11, 2023, at 8:30am. The Court sustains the demurrer to Defendant Rancho Ford's demurrer with 20 days leave to amend, after the hearing on Ford's demurrer. Factual / Procedural Context: Plaintiff Jose Frutos alleges that on 4/24/22, he purchased a 2021 Ford M...

Excerpt: ...e documents to anyone outside of the current litigation. Finally, redactions are permitted subject to a privilege log advising moving part of the items redacted. Prevailing party ordered to give notice pursuant to CCP 51019.5. Plaintiff Minor Doe ("Minor Doe") brought this action against Defendants Coachella Valley Unified School District ("CVIJSD"), and Steven Mathew Moraga ("Moraga") alleging sexual assault of a minor, sexual harassment, failur...

Excerpt: ...ing and/or retention, (4) negligent failure to warn, train, or educate, (5) constructive fraud, (6) intentional infliction of emotional distress, (7) sexual harassment, (8) sexual harassment and abuse in educational setting, (9) breach of fiduciary duty, and (10) public entity liability for failure to perform mandatory duty. Plaintiff alleges that Defendant knew, or should have known, that its teacher was committing the acts complained of by Plai...

Excerpt: ... BEYER, ET AL Tentative Ruling: As to Defendant Lending Bee, the Court sustains the demurrer with 30 days leave to amend as to the third, sixth, and seventh causes of action; all other aspects of the demurrer are overruled. The Court finds the motion to strike is moot. As to Defendants Beyer, et al, the Court overrules the demurrer. As the Plaintiff is granted leave to amend as to Lending Bee's demurrer, Defendants Beyer et al. shall file their a...

Excerpt: ... refusing to consider an appeal of the decision. The Court to issue a writ of mandate ordering the City to comply with its obligations under PMC S 5.54.180 and PMC 55.58.170. An application for a proposed medical marijuana dispensary must include certain information, including the location, a list of employees, compliance with state law requirements governing medical marijuana dispensaries, compliance with insurance requirements, site plan and fl...

Excerpt: .... Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agreed to dissolve. Cosek then obtained a reverse mortgage to take all...

Excerpt: ...ce of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2031.310(c).) Failure to comply with the discovery deadline "is only 'jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them." (Sext...

Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained on the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability / dangerous condition of public...

Excerpt: ...23.030, 2023.040, and 2031.320 for Plaintiff's failure to produce his vehicle for inspection on February 10, 2023. Plaintiff failed to file an opposition which was due June 28, 2023, and on July 12, 2023, Judge Lydia Villareal (a rebred judge who is not available) heard and granted Defendants an award of sanctions in the amount of $2,361 (as opposed to the requested $4,736). Plaintiff moves the court for reconsideration of that order based on the...

Excerpt: ...g on May 19, 2023: The Court would note, however, that with respect to the attorney fees or costs, the bankruptcy stay would preclude the Court from awarding said fees. In this case, the appeal was filed and pending before the filing of the involuntary Chapter 7 bankruptcy petition, and any action to recover costs which were incurred at the prepetition stage, at this juncture, may constitute a claim against the debtor to collect a debt. "[A] 'cla...

Excerpt: ...ent (Master Agreement) with Defendant Empire to provide labor, materials and equipment for installation of drywall into a residential real property apartment project. In addition to Empire, Plaintiff alleges that other companies and their individual principals were involved in the project and acted and their actions represented a unity of interest, ownership and operation and were part of the breach of the contract and related violations. He cont...

Excerpt: ...ilable at uhaul.com/arbitraäon or from my local U-Haul representatives. (Brooks Decl. 2, Ex. A [emphasis addedl.) The U-Haul Arbitration Agreement provides: "'Claims' . shall be decided by binding arbitration administered by the American Arbitration Association in accordance with AAA Consumer Arbitration Rules (http://wwu.adr.org/consumer)...." (ld. at 4, Ex. B.) On August 13, 2020, Plaintiff allegedly picked up the rental truck from UHCA at its...

Excerpt: ...ent, with a balance of approximately $205,cm. The second mortgage, however, is not current and over $582mo was owed at the time it was foreclosed upon. Defendant Glenhill Asset Management LLC is alleged to be the beneficiary of the note on the second mortgage; Defendant Equity Wave is the loan servicer on the second mortgage. The value of the property allegedly exceeds $1.5 million. Landers alleges that from March 2020 through September 2020 he r...

Excerpt: ...nt Palms Property Management, Inc. moves the court to dismiss Plaintiff Alicia Aguilar's Complaint on the grounds that 1) Plaintiff is bound to arbitration as the remedy for the 2nd — 9th causes of action, 2) Plaintiff's causes of action impro#rly rely upon or incorporate FEHA claims, 3) California is an inconvenient forum pursuant to CCP 5410.30, and 4) as a matter of public policy. Defendant states that Plaintiff worked for Defendant in Ehren...

Excerpt: ...ertain to the motion for summary judgment by 4:00 p.m. on Friday August 25, 2023. No exhibits will be accepted after. The instant motion was initially filed on June 08, 2023. On June 13, 2023, the Court granted Zamborelli's Ex Parte Application to shorten time to bring its summary judgment motion and summary adjudication motion less than 30 days prior to trial. At that same hearing, ARB'S counsel consented to waive the 75-day notce requirement fo...

Excerpt: ...alifornia Courts of Appeal, 4th Appellate District Division 2: Banning Police Management Association, et al. v. City of Banning, et al. (Case No. E08404.) OBJECTIONS The City makes five (5) evidentiary objections to the declaration of Kelly Aviles filed in support of the Petition. Specifically, the City objects to Exhibits B, G, H, J, and M for lack of foundation and lack of authentication. Exhibit B: ERMA Board of Directors Meeting Minutes from ...

Excerpt: ...Chevrolet Traverse ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant" or "GM") authorized repair facility on numerous for the various defects, including the transmission, sus#nsion, electrical, engine, and emission system defects. (Complaint, 94.) Various defects pe...

Excerpt: ...S 1033.5(c)(2) & (3).) Items specifically disallowed are set forth in CCP S 1033.5(b). An item neither specifically allowable nor prohibited may nevertheless be recoverable in the court's discretion if reasonable in amount and reasonably necessary to the conduct of litigation rather than merely convenient or beneficial to its preparation. (CCP S 1033.5(c)(2)-(4); Ladas v. California State Auto Ass'n (1993) 19 Cal.App.4th 761, 773- 774).) The losi...

Excerpt: ...Center. She contends the subpoena is overboard as they request any and all medical records. In addition, she claims the subpoena violates her right to privacy and the Court is inclined to deny the Motion, requests a protective order narrowing the scope of information. Plaintiff seeks sanctions for having to bring this Motion. In Opposition, Defendant contend Plaintiff did not properly meet and confer. In addition, he claims the subpoena is reason...

Excerpt: ...miles, whichever comes first, and a powertrain warranty lasting months or 60ßW miles. (Comp. 99.) Plaintiffs The First Amended Complaint (FAC) was filed on 3/27/23, alleging the following: 1) Violation of Song-Beverly Act, Breach of Express Warranty; and (2) Fraudulent Inducement—concealment. Defendant Honda demurrers to the second cause of action for fraudulent inducement— concealment and moves to strike the request for punitive damages. Pl...

Excerpt: ...of benefits. Unemployment Insurance Code S 1094(a) provides that: "the information obtained in the administration of this code is confidential, not open to the public, and shall be for the exclusive use and information of the director in discharge of his or her duties." Subdivision (b) states that this information is not admissible in evidence in any action or special proceeding, other than those arising out of the Unemployment Insurance Code. Se...

Excerpt: ...eterle Trust dated October 23, 2012 and Jacqueline Dieterle Trust dated October 29, 2012 alleges that he owns four parcels of vacant property located at the northwest corner of Clark Street and Martn Street in the City of Perris. (First Amended Complaint ("FAC"), "1 2, 3.) Defendant Delfino aasbdas ("Bastidas") owns the property directly north of Plaintiff's property, defendant Lesli Meza Madrid ("Meza" or "Defendant") owns the property directly ...

Excerpt: ...ers v. Cariss (1990) 224 Cal.App.3d 905, 908.) The suffciency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) The complaint must be construed liberally... with a view to substantial justice between the parties." (CCP S 452; Gressley v. Williams (1951) 193 Cal.App.2d 636, 639.) Ifthe complaint fails to state a cause of ac...

Excerpt: ...City Manager Tom DeSantis (DeSants) gave notice of "his intenton to resign or retire." (FAC 12.) The FAC alleges sometime that day, DeSantis struck a "secret deal" with former Mayor Yxstan Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a "settlement agreement" to pay DeSantis "an enhanced settlement package worth over $300,000." (FAC 13.) After the closed session, Early "reported out of closed session de...

Excerpt: ...er has expired. (CCP S 438(c).) Thus, a motion for judgment on the pleadings attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal.App.4th 194, 198.)...

Excerpt: ...iation), 6th (Failure to Engage in the Good Faith Interactive Process), 7th (Failure to Provide Reasonable Accommodations), 8th (Violation of the California Family Civil Rights Act), 9th (Retaliation), and 10th (Intentional Infliction of Emotional Distress) causes of action. Defendants submitted the declaration of Attorney Cara Strike with its reply. However, under general rule of motion practice, new evidence or arguments raised for the first ti...

Excerpt: ...orrosion Perforation Limited Warranty, Powertrain Limited Warranty, and Federal Emission Warranty. (ld. at '1 15, Ex 1 at 2.) During the warranty period, the subject vehicle developed defects and nonconformities to warranty including, but not limited to transmission. (ld. at 15.) Plaintiffs delivered the subject vehicle to FCA's authorized repair facility for repair, but FCA was unable to conform the vehicle to the applicable express warranty wit...

Excerpt: ...ly to avoid the necessity of a formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1005, 1016.) Whether a "reasonable and good faith attempt" was made requires an "evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit." (Clementv. Alegra (2009) 177 Cal.App.4th 1277, 1294.) Here, the parties exchanged a few meet and confe...

Excerpt: ...nd they are entitled to it via case law, and seek leave to amend. The court grants the motion with 30 days leave to amend. In order to plead punitive damages, a plaintiff must plead allegations of fraud, malice, or oppression with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for pun-tive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct...

Excerpt: ...a commercial real estate loan broker liable for a lender's failure to fund. In its Reply, Golden Star raises several issues that were not raised in the moving papers, such as its arguments concerning causation, foreseeability of harm, intervening harm, and the absence of damages. To the extent Defendant raises new issues in its Reply, the Court will disregard those issues. (See Regency Outdoor Advertising v. Carolina Lances, Inc. (1995) 31 Cal.Ap...

Excerpt: ... that (1) Plaintiffs Davenports' breach of contract cause of action fails as a matter of law because they cannot establish a breach; and (2) Plaintiffs' declaratory relief cause of action fails as a matter of law because they cannot establish that they are entitled to coverage under the insurance contract, i.e., the insurance policy. Page 5 of 11 Plaintiffs are homeowners who have brought this achon against their insurance carrier after the denia...

Excerpt: ...nts Pars Surgery, Inc. ("Pars") and Hossain Sahlolbei. Plaintiff alleges that on January 1, 2018, Pars (hereinafter, "Defendant") entered into a written lease (the "Lease") with Plaintiff's "predecessor" for a unit ("Unit" or "Premises") at the Property. (FAC, 25- 26, Exhibit A.) The Lease provdes for an initial term of one year and renews automatically unless changed by the mutual agreement of the parties; the rent was set at $1,000 per month, w...

Excerpt: ...use of action as to Torres. The Court sustains the demurrer to the fifth cause of action regarding Regents. Unless Plaintiff can articulate facts to cwercome a subsequent demurrer, the Court sustains these causes of action without leave to amend. The Court overrules the remainder of the demurrer. The Court denies the motion to strike. Factual / Procedural Context: This is case arises out of Manuela Martins-Green's ("Plaintiff") employment (and in...

Excerpt: ...tract with American Honda —the New Vehicle Limited Warranty. (Comp. 99.) The basic coverage lasts 36 months or 25,000 miles, whichever comes first, and the powertrain coverage lasts for 60 months or 60,000 miles, whichever comes first. (Comp. 99.) Plaintiffs allege the vehicle suffers from defects, including a defective "Honda Sensing" system, a computerized driver-assistance system. (Comp. 985.) Plaintiffs bring the instant suit against Honda ...

Excerpt: ... (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonably necessary, and in a reasonable amount, "both from the standpoint of time spent and the amount charged." (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35-36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly...

Excerpt: ...ation. All of the Department's evidentiary objections to the declaration of Robert Bartlett are Sustained. Petitioner's Reply is untimely (two days late per CCP S 1005(b)), however, the court will exercise its discretion and consider the Reply. The court will not award Pettioner any costs in this matter. Cal. Rules of Court (CRC), Rule 3.17W(a) provides that a prevailing party who claims costs must serve and file a memorandum of costs within 15 d...

Excerpt: ...20 days. The Court is mindful the parties have a case management hearing set today. To allow the parties to get the case at-issue and complete discovery, the Court shall continue the case management hearing to December 7, 2023 at 8:30am. All parties are ordered to file u#ated CMC statements prior to that date. Factual / Procedural Context: On July 12, 2020, Plaintiffs purchased a 2020 Chevrolet Silverado. (Complaint at '1 11.) On February 24, 202...

Excerpt: ...ges she was a direct sales representative hired by Defendant Charter Communications. She filed this Complaint on 4/24/22 alleging various employment claims including disability discrimination, failure to accommodate, retaliation, harassment and wrongful termination. Defendants seek to compel arbitration of Plaintiff's claims and dismiss or stay the action. They claim that Plaintiff signed two arbitration agreements, one upon applying for employme...

Excerpt: ... in favor of those processes." Bono v. David (2007) 147 Cal. App. 4th 1055, 1062. A petition to compel arbitration is a suit in equity seeking specific performance of an arbitration agreement. Hotels Nevada, LLC v. Los Angeles Pacific Center, Inc. (2012) 203 Cal.App.4th 336, 347. California Code of Civil Procedure secton 1281.2 provides that "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arb...

Excerpt: ...hat Defendant previously knew of such Defects but nevertheless refused to repurchase the vehicle (i.e., Nos. 16, 19-20); (2) those relating to Defendant's warranty and vehicle repurchase policies, procedures, and practices (i.e„ Nos. 7, 10 and 34). Further, Plaintiff asserts that notwithstanding the plain relevance of these documents to Plaintiff's claims, however, Defendant has responded to the Requests at issue by way of pure, objections and ...

Excerpt: ...t him or her through his or her mistake, inadvertence, surprise or excusable neglect." 1 The court's discretion, however, "may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits." 2 (Cruz v. Fagor America, Inc. (2005) 146 Cal.App.4th 488, 495). CCP S 473(b) further provides that an applicat...

Excerpt: ... 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") filed on 1/25/2022, which is the operative pleading: (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach of Contract; (5) Breach of Fiduc...

Excerpt: ...ent Inducement - Concealment. On 4/28/2019, Plaintiff purchased a new 2019 Chevrolet Silverado, which was manufacture, distributed, and warranted by Defendant. (FAC "1 4—9, 21.) Plaintiff alleges that Defendant breached the express and implied warranties because the subject vehicle was delivered to him with serious defects and nonconformities, including but not limited to, electrical and transmission system defects. (ld. at 80, 96—98.) With r...

Excerpt: ...n Salcido, deceased, alleges that on 4/5/19 on Indio Blvd. near Sun Gold Street in Indio, Defendants caused a motor vehicle accident when they struck a vehicle in which Kaitlen Salcido (Decedent) was a passenger. Decedent died from her injuries. Plaintiff alleges that Defendants, Alber Lopez and Gladys Ponce were operating the vehicle, with permission from Defendants, Omar Camera, Veronica Camera, and Jose Gutierrez. Plaintiff filed her Complaint...

Excerpt: ...P 1019.5. Plaintiffs are the owners of the real property located at 74865 Hummingbird Lane, Indian Wells, California 92210 (the "Property"). (Compl. '1 17.) Plaintiffs closed escrow on the Property on or September 30, 2021, and were searching for a professional architectural, design firm, and general contractor to remodel their Property. (ld.) On or about August 16, 2021, Plaintiffs were introduced to Defendants by way of email. (ld. at '1 18.) D...

Excerpt: ...herd, Inc. and Nader Habil, allege that Shepherd was formed to purchase certain business assets from Defendants, Magdy Helmy Baskharoon (Baskharoon) and Select Investments, LLC (Select), who owned and operated Norco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $165,000. As conditions of sale, Defendants made representations and warranti...

Excerpt: ... fails to allege that she demanded for the allegedly converted properties to be returned to her, which is a prerequisite to claiming conversion. In Flennaugh v. Heinrich (1948) 89 Cal.App.2d 214, was held that a demand is not a necessary prerequisite to the maintenance of a suit for conversion when the property comes into the possession of the defendant tortuously or unlawfully, or when demand for possession thereof by the owner would be futile, ...

Excerpt: ...ing to the engine, transmission, and loss of power, among others. In particular, the subject vehicle, like many Hyundai vehicles, came equipped with a defective Theta II engine. Plaintiffs allege Defendant knew or should have known of these defects and failed to disclose them. Plaintiffs brought suit alleging the following causes of action: (1) Violation of Civil Code S 1793.2(d); (2) Violation of Civil Code S 1793.2(b); (3) Violation of Civil Co...

Excerpt: ..."Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, L C's ("Defendant") authorized repair facility on numerous for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Nicholas Yowarski ("Yowarski Decl."), '1 4.) Various defec...

Excerpt: ... period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at 10.) During the warranty period, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to the Body System Defect and Powertrain Defect. (ld. at 11—12; Manno Decl. "14—5.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for service or repair, but GM was unable ...

Excerpt: ...he motion as to RFP no. 5. The Court denies the entirety of the motion to compel further responses to special interrogatories. The Court denies both parties' requests for sanctions or costs. TSC — Arbitration Venue Furthermore, the Court is mindful that on today's calendar is a trial setting conference, however, the parties indicated that they would submit to binding arbitration with a bar association. The issue is what the proper venue should ...

Excerpt: ... hours at $400/hour + $13.70 in electronic filing fees). , payable within 30 days. Under CCP S473(b), the court has broad discretion to relieve a party "upon any terms as may be just...from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect." CCP S 473(b) notably provides fortwo distinct types of relief— "discretionary" and "mandatory." (Luri v. Green...

Excerpt: ...gorgement (22:12— 15, 24:9—10, 27:8, 27:11, 27:18); and Attorney's Fees (28:2). Those portions are ordered stricken. Defendant to provde notice pursuant to CCP 1019.5. Defendants concurrently move to strike portions of the Complaint on the grounds that they are irrelevant, false, or improper. Specifically, Defendants ask the Court to strike Plaintiffs' reference to the January 20, 2023 fire, as well as Plaintiffs' requests for disgorgement, t...

Excerpt: ... matter regarding similar claims did not preclude Plaintiff from asserting the class and PAGA claims. The fact that a settlement had been reached did not resolve the other lawsuit (RIC1901197) because the court was required to approve the settlement regarding the class and PAGA claims. Perhaps the settlement reduced the likelihood that plaintiff could proceed on her PAGA claim but it did not make it impossible—the court could have denied approv...

Excerpt: ...s ("IIED"). On 11/22/21, the Court granted Vong's motion for summary judgment. Plaintiffs appealed. The Court of Appeal affirmed the ruling as to the IIED claim, but reversed on the professional negligence and wrongful death claims. The remittitur states that Plaintiffs shall recover their costs on appeal pursuant to CRC, Rule 8.278(a)(3). On 5/12/23, , Plaintiffs filed their Memorandum of Costs on Appeal seeking $3,419. Vong now moves tax $2,000...

Excerpt: ...(2) nuisance per se; and (3) unlawful business practices. Plaintiffs allege that Defendants Juan Carmelo Nunez, Adriana Nunez and Lucy Huidor own commercial real property in Jurupa Valley that is subject to a deed of trust by Peter A. Corti and UJius Corn trustees under the Peter A. and Lois M. Corti Family Trust. City conducted an inspection finding unpermitted electrical conduits, connections modifying the existing electrical panel, and a large...

Excerpt: ...rive, Palm Desert. Bry was the sole managing member while Cosek was a Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title ofthe property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agr...

Excerpt: ...tion on June 23, 1986. Plaintiff worked as an executive administrative assistant serving several of Defendants' managing employees and executives. (Comp. "11-12.) Plaintiff was terminated from her employment on July 16, 2021. (Comp. 914.) Plaintiff alleges Salvador Mantes, Vice President of Operations, and Luis Tavares, Director of Operations, consistently spoke about the need to hire younger employees. (915.) Tony Sapien took over the position o...

Excerpt: ...issued in connection with a loan by hard-money construction lender Bobs to the developer of the Sunniva Campus, a multi-million-dollar warehouse for production and distribution of cannabis and cannabis products. Months after project construction was under way, in March 2018, Bobs originated a $27 million loan to the developer, which was processed through escrow. Defendants Orange Coast Title Company ("OCTCSC") and Real Advantage Title Insurance (...

Excerpt: ...ns of its uniquely tailored contracts with its service vendors, and the details, terms, and conditions are not disclosed to the public or to other Home Depot contractors. (Hannah Decl. 4—5.) The dissemination of its contracts is strictly controlled, and access to the contracts is limited to Home Depot associates whose job responsibilities require them to have access to them. (ld. at '15.) In fact, the contracts itself contains a confidentiality...

Excerpt: ...nt on the pleadings has the same function as a general demurrer and the same rules govern except as provided by Code of Civil Procedure secton 438. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) Section 438 sets forth the grounds and procedures for the motion. The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notce. Secti...