Excerpt: ...id not receive. She further alleges she had to expend additional funds to complete her kitchen remodel. Defendants Ryan Thomas and his wife Christine Johnson died after the contract at issue was signed but before this suit was filed. Plaintiff has propounded a deposition subpoena for production of business records on the custodian of records for Barton CPA. The subpoena seeks a wide range of documents, from 2018 to the present “regarding or rel...

Excerpt: ... of Limitations; 5. Eighteenth Affirmative Defense, Government Code Section 900; 6. Seventh Affirmative Defense (California Government Code Immunity provisions) are not applicable to plaintiffs Section 1983 causes of action, i.e., Third and Fourth Causes of Action; 7. Defendants' “absolute” immunity and “qualified” immunity defenses, (14th and 15th affirmative defenses) do not apply to plaintiffs Monell claim set forth in Plaintiffs Fourt...

Excerpt: ...no later than 7‐11‐22, and shall fully comply with the CMO, including § G.10. Violations of CMO: The declaration of Lurtz at ¶ 18 estimates the number of class members (539) but fails to estimate of the number of aggrieved employees during the applicable PAGA period. (G.3.a.i.) The declaration of Lurtz states the average class distribution (¶ 19) but not the range. (G.3.a.iv.) The declaration of Lurtz does not estimate the average PAGA dis...

Excerpt: ..., Inc. (“Epic”). The Vehicle was manufactured, sold and/or distributed by Defendants Polaris Industries, Inc. and Polaris Sales, Inc. (collectively “Polaris”). Subsequent to the purchase, Helling delivered the Vehicle to Defendants Madigan Enterprises, LLC, Madigan Motorsports, LLC, Madigan Motorsports 27911 Greenwald Avenue, Perris, CA (collectively “Madigan”) for aftermarket modifications, including body work and electrical work. On...

Excerpt: ...ainst Walmart, and strict product liability and negligent product liability causes of action against all defendants. (Id.) On 4/22/22, Plaintiff dismissed Walmart from her strict product liability and negligent product liability causes of action. On 5/3/22, Walmart filed its Answer to Plaintiff's FAC. (ASSUF ¶ 5.) The following facts are undisputed. On 9/3/18, Plaintiff went to the Walmart Auto Care Center for an oil change. (Id. at ¶ 6; Pl.'s ...

Excerpt: ...leged in the SAC are sufficiently certain. Factual and procedural background: Plaintiff Sharon Lazzarini (“Plaintiff”) was employed by Defendant Alvord Unified School District (“Defendant” or “District”) as the La Sierra High School's Activities Director/Associated Student Body Advisor (“ASB”) for 25 years. Plaintiff contends that beginning in 2015, District employee Irene Werley (“Werley”) and parent Malina Perez (“Malina�...

Excerpt: ...� Complaint. SUSTAIN the Demurrer, with 30 days leave to amend, as to all causes of action alleged in the Cross‐Complaint for failure to state facts sufficient to constitute a cause of action. The original deal between buyer and seller was consummated, therefor the allegations do not support a damages element of Four Sisters' causes of action under the first, second, and fourth causes of action for breach of fiduciary duty, constructive fraud, ...

Excerpt: ...ntent to condemn or by other unreasonable conduct prior to condemnation; and (2) as a result of such action the property in question suffered a diminution in market value.” (Klopping v. City of Whittier (1972) 8 Cal.3d 39, 52; see also Dryden Oaks, LLC v. San Diego County Regional Airport Authority (2017) 16 Cal.App.5th 383, 404; City of Escondido v. Pacific Harmony Grove Development, LLC (2021) 68 Cal.App.5th 213, 237‐38.) An owner's claim f...

Excerpt: ...eges the ultimate facts that he suffered from a disability, his employer knew of his disability, failed to engage in the interactive process and failed to accommodate him, and, instead, retaliated against him with disciplinary action that was unwarranted and then firing him. As to the third cause of action for retaliation, plaintiff alleges that he requested reasonable accommodations for his disability and that instead of providing an accommodati...

Excerpt: ...erside. Plaintiff Gerardo Mora Aguirre is the owner of plaintiff GMA Flooring Construction Inc.(GMA), which did the work on the house. The first amended complaint (FAC), which was filed on 1/11/22 in lieu of opposing a demurrer, admits that GMA does not have a contractor's license. The FAC pleads causes of action for breach of oral contract, open book account, account stated, reasonable value of goods, and fraudulent inducement. It frames the rem...

Excerpt: ...fting provisions, such as the Song Beverly Consumer Warranty Act. Factual and procedural background: On 4/24/19, Plaintiff purchased a new 2019 Chevrolet Silverado (“Subject Vehicle”) from Defendant Moss Bros Chevrolet, Inc. (“Moss Bros”). The Subject Vehicle was manufactured or distributed by Defendant General Motors, LLC (“GM”). The Subject Vehicle was subject to express warranties provided by GM. During the warranty period, the Sub...

Excerpt: ...with at least four provisions of the CMO. The Court directed that a second, revised motion shall be filed that fully complies with the Court's CMO. The plaintiff filed a second motion on 5‐20‐22, but it too fails to comply with the CMO. In particular, it fails to comply in at least the following respects: • The plaintiff's counsel's declaration does not describe the range (high and low) of the possible distributions to class members. Nor do...

Excerpt: ...ply briefs shall be based on the new hearing date. Facts Plaintiff Santos Vaquerano alleges Defendant James Rojas dba Bayline Holdings fraudulently obtained an interest in Plaintiff's property located at 1430 W. Wilson Street in Banning, recorded fictitious forged deeds of trust against the subject property using sham entities, and has twice improperly initiated foreclose proceedings. Plaintiff alleges Defendant used multiple alter ego corporatio...

Excerpt: ... or create conflicting rulings on common issues. (Cal. Code Civ. Proc. § 1281.2.) Arbitration of disputes is favored and “when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes.” (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party Page 3 of 5 bears the burden of proving the existence of a valid arbitration agreement, ...

Excerpt: ...n to enter upon land or other property in the possession or control of the party on whom the demand is made in Respondent's opposition ‐ CCP §2031.010(d). The demand may also be made for permission to measure, survey, photograph, test or sample such land or property, or any object or operation thereon. (Manzetti v. Superior Court (Fitzgerald) (1993) 21 Cal.App.4th 373, 375.) However, as set forth in section 2031.010, an inspection demand only ...

Excerpt: ... that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. The complaint pleads causes of action for: 1. Bre...

Excerpt: ...ction arising out of the professional negligence of a health care provider, “no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed.” Section 425.13(a) is not limited to causes of action for “professional negligence,” but applies to any cause of action “arising out of” professional negligence, ...

Excerpt: ...rike on 6/27/22. The Court orders that any amendments to the cross‐complaint shall be made 20 days after the Court hears Northgate's motions. As to the motion to strike, the Court grants Hyrosen's motion to strike any reference to Exhaustion of Administrative Remedies (SACC ¶¶ 41‐46), without leave to amend. As to the motion to strike reference to damages in the 3rd cause of action, the motion is denied. The Court shall also, on its own mot...

Excerpt: ...ceeding six months, after the judgment, dismissal, order, or proceeding was taken.” Here, Garcia filed the motion on the last possible day. She has already answered and need not do so again so she did not need to submit a proposed answer. Although a decision on a motion like this is a discretionary one, “the trial court's discretion is not unlimited and must be ‘“exercised in conformity with the spirit of the law and in a manner to subser...

Excerpt: ...nder Evid. Code § 452(d), this Court may take judicial notice of records of its own file. The request is granted. EVIDENTIARY OBJECTIONS Plaintiff objects to the following evidence submitted by Defendants in support of their motion: (1) Declaration of Sullivan ¶ 20, 12:25‐261 based on hearsay, lack of personal knowledge, and lack of foundation; and (2) Declaration of Sullivan ¶ 21, 12:27– 13:32 based on improper opinion, lack of personal k...

Excerpt: ...(2019) 40 Cal.App.5th 555, 559. Since negligent entrustment is alleged, Medina's past driving history is relevant. If Medina has a history of acting in an unsafe manner when operating a vehicle and Stanley knew or should have known about this conduct, it can be held liable for negligent entrustment. As such, Medina's argument that the subpoenas do not seek relevant information has no merit. Medina argues that the subpoenas are overly broad. This ...

Excerpt: ...chard Guirbino, Stacey Page 4 of 6 Leimas, Manuel Llamas, Aaron Martinez, Jorge Martinez, Sergio Martinez, Joe Meza, Chad Orr, Lonnie Patino, Dejuan Reed, Alfred Rivas, Gustavo Sanchez Ruiz, William Seremak, Peter Short, Manuel Soto, Lataurian Swanigan, Michael Travis, Mario Valdez, Juan Vargas, and Locanno Wair; and also as to plaintiffs Gabriel Cota, Joshua Gomez, Andres Lopez Gonzalez, Daniel Mares, Edgar Montesinos, and Jorge Sanchez. All cla...

Excerpt: ...other respect . . . . The court may likewise, its discretion, after notice to the adverse party, allow upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” (CCP § 473(a), § 576.) Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in thi...

Excerpt: ..., there seems to be no room for dispute as to the moving Defendants' status as the prevailing party. The moving Defendants achieved their litigation objectives – which is a judgment in their favor against Plaintiffs upon the Court's granting of a summary judgment motion, as to all claims asserted against them. Under California Civil Code section 1717, in an action to enforce a contract authorizing an award of fees and costs, the party “prevai...

Excerpt: ...d a third cause of action, at issue here, seeking injunctive relief under Code of Civil Procedure section 526a. Essentially, the complaint, as with prior complaints, alleges that Defendants Ticket and Napolitano are operating an illegal Lawyer Referral Service, and that Cathedral City is a Page 3 of 5 “contractual client of Defendant Data Ticket” which refers Defendant Cathedral City to attorneys who act as Hearing Officers in Code Enforcemen...