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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ..."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: ... 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: ...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: ...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...

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: ...ended Complaint fails to specifically plead facts sufficient to support these claims and that both are barred by the economic loss doctrine. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part o...

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: ...(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: ...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: ...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: ...o Cardoza ("decedent") died on October 3, 2021, and Plaintiff first learned of his death in March 2022. Plaintiff's counsel thereafter made efforts to determine the status of decedent's estate and placed defense counsel on notice that any transfer of assets would be fraudulent in light of the pending lawsuit. On August 3, 2022, decedent's wife, Maria Lidia Cardoza ("Cardoza"), secured an order from Probate Court transferring decedent's property t...

Excerpt: ...hts and due process rights found under Proposition 218. They argue the bonds improperly require that rate payers pay the #nsion liabilities for long-ago retired City employees, which is improper. The complaint for validation asserts the following causes of action: (1) validation action regarding Resolutions Nos. 23917 and 23924— City commitment to raise water rates through bond issuance and rate covenant in violation of California Constitution;...

Excerpt: ...9.5. Plaintiffs Kim Burton and Paul Crawford allege that Defendant Eisenhower Medical Center suspended and terminated their employment after they refused to take the Covid-19 vaccine (8NT162b2 manufactured by Pfizer, Inc.). They contend that the vaccine is a genetic therapy. Plaintiffs allege Defendant refused to accommodate their medical exemption and religious beliefs for the vaccine. Plaintiffs filed this action on 10/14/22. After Defendant fi...

Excerpt: ...issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (CCP S 437c(c).) "In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgement sh...

Excerpt: ...otor Co., Inc. ("Honda"). Decedent purchased the Subject Vehicle in 2003 from Robertson Honda, which transferred all assets to Defendant Victory Automotive Group, Inc. dba Ocean Honda of North Hollywood ("Victory") (collectively with Honda "Defendants"). The Subject Vehicle was equipped with an airbag and seatbelt. On February 13, 2020, Decedent was front seat passenger in the Subject Vehicle, which was driven by her husband, when the vehicle was...

Excerpt: ...st defendant Tesla Inc. On 5/7/22, Plaintiff purchased a 2022 Tesla Model Y (the "Vehicle"), which was backed by an express warranty, from Defendant. (Complaint, 10-11.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty. (Complaint 10-19.) The Complaint sets forth four causes of action: (1...

Excerpt: ...If the meet and confer efforts are not successful, the Court invites the parties to engage in an informal discovery conference prior to filing another motion to compel. Factual / Procedural Context On July 10, 2021, Plaintiff leased a new 2021 Hyundai Kona EV. Plaintiff alleges that during the warranty period the vehicle contained or developed defects. Plaintiff presented the subject vehicle to Defendant's authorized repair facility on numerous o...

Excerpt: ... to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46-187.) On 12/20/21, the Board issued its notice of decision. (AR 16). On 2/17/22, the Board issued a final findings of fact. (AR 1-15.) Plaintiffs' expert, Ben F. Tunnell, Ill of BTI Appraisal, used both a cost approach and sales comparison approach. (AR 5.) In contrast, Ricardo Ocampo, Senior Appraise, found that the subject property was unique such that ava...

Excerpt: ...omplaint alleging five causes of action against Defendant for: (1) failure to accommodate religious creed; (2) failure to accommodate medical condition; (3) retaliation; (4) disparate treatment; and (5) wrongful discharge. They contend this case is about the harm suffered by three long-term and dedicated nurses who were denied reasonable accommodation and unlawfully terminated by their hospital employer for declining a Covid vaccine which was unn...

Excerpt: ...and 3. On the cause of action for Breach of the implied Covenant of Good Faith and Fair Dealing, Plaintiff relies solely on the vague statements of Mr. Aryana that Plaintiff complied with all terms and conditions of the Loans and made all required payments. Plaintiff does not provide evidence that all draw requests were made for items used on the Project as required under the terms of the Loan Agreement. Defendants have prov-ded clear supporting ...

Excerpt: ...r, Doe 3, demurrers to the only cause of action against it, for negligent hiring, supervision, and retention. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[Tlhe complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need no...

Excerpt: ...of the Defendants are the true creditors as it has been discharged through a 2015 bankruptcy discharge (SAC 16-28.) As it relates to Defendant Samuel Hamrick, the SAC alleges: 69. As well known, Interloper- US BANK NA as Trustee OF AN UNKNOWN TRUST (USB as Trustee) is not allowed in this action. Nevertheless, with the help of an accomplice, the clerk of the superior court Defendant W. SAMUEL HAMRICK, JR., Interloper-USB-WACHOVIA was forcibly inse...

Excerpt: ...lment may consttute actionable fraud: "(1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts." (Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 311 [citation...

Excerpt: ....5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, and that he had the legal power and right, without the need for court ...

Excerpt: ...ollows: Plaintiff Xingxiang Qiao ("Plaintiff" or "Qiao"); Defendants Zhenfei Xiang ("Xiang"), Qilin Chang ("Chang" or "Defendant"), Qiliang Chang ("Chang's Brother"), Pyng Soon ("Attorney Soon"), Golden Taste LLC ("Taste"), Golden Globe LP ("Globe"), Worlden San Bernardino, Inc. ("Worlden") and Mega Bank. Request for Judicial Notice: Chang's request are granted pursuant to Evidence Code 5452(d). Plaintiff's request are granted as to Exhibits 1 �...

Excerpt: ...na alleges that in March 2018 he and his wife purchased and moved into a home located within the Toscana Country Club community, which is overseen by Defendant Toscana Homeowners' Association ("HOA") and Defendant William Overton ("Overton") is the executive director of the HOA. (FAC, "1 11-13.) Plaintiff alleges that he had a verbal altercation with Overton in September 2019 in which Overton falsely accused him of bullying old ladies. In 2020, P...

Excerpt: ...gail Baker, N.P. ("NP Baker"), and Britanny Travis, M.A. ("MA Travis") (collectively, "Defendants"). On July 25, 2022, Plaintiffs filed their operative Second Amended Complaint ("SAC"), alleging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. Motion to Compe...

Excerpt: ... Court (2002) 95 Cal. App.4th 92, 98.) The Discovery Act requires a meet and confer declaration under CCP S 2016.040 be submitted with the moton. The declaration must "state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the moton. (CCP S 2016.040.) Form Interrogatories Initially, Defendants assert the responses by Plaintiffs to form interrogatory 17.1 are incomplete as Plaintiffs failed to ...

Excerpt: ...ly, Respond-ng party is further ordered to pay attorney's fees and costs to moving party in the amount of within 30 days of service of notice. (CCP SS 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notce pursuant to CCP S 1019.5. This is a lemon law case. Plaintiffs Gerardo Solorio Coronado and Cassandra Ceja Gonzales ("Plaintiffs"), purchased a defective 2016 GMC Sierra 15[n (the "Subject Vehicle" or "vehicle")...

Excerpt: ...ent to be heard on 5/9/23. Plaintiff dismissed JUSD from the lawsuit on 5/4/23. On 5/15/23, JUSD filed a timely Memorandum of Costs by which it seeks to recover $5,308.25 in litigation costs. Plaintiff moves to strike costs or to tax costs to a reasonable sum. Plaintiff argues among other things that: (1) JUSD may not recover filing fees ($99.60) because it is exempt from having to pay filing fees and because there was no need to file the CMC fou...

Excerpt: ...(e); 2031.310(i).)1 Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's action, or any part thereof; or (4) rendering default judgment against that party. (CCP S 2023.030(d).) Terminating sanctions are appropriate where there is a willful violation "preceded by a history of abuse, and the e...

Excerpt: ...collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff) served Defendant with written discovery demands, including Requests for Production ("R...

Excerpt: ...signed copy of the protective order on May 9, 2023, but Defendant has not yet provided supplemental responses and/or documents. (Reply, 2:1-5.) Defendant is compelled to produce documents as agreed. Plaintiff also states that his counsel has several cases with defense counsel and typically they do not comply with C.C.P. S 2031.280(a) (requiring the documents produced must be sorted and labeled to correspond with the categories in the document dem...