Excerpt: ...extent these documents exist as part of the court record or file, but not for the truth of the matters stated therein, unless the matters are indisputably true. (Evid. Code, S452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Exhibits 2, 4, 6, 8, IC)-15 (court orders): Granted as judic...

Excerpt: ... a matter of days in bringing her payments current. She claims that she contacted Plaintiffs and made several efforts to cure this shortfall but that Plaintiff erred in refusing to grant her any opportunity to cure. Once Defendant was refused the opportunity to cure, further attempts at negotiation and communicaton appeared futile and Defendant deemed Plaintiffs to be in violation of the terms of the settlement agreement and so she stopped her ef...

Excerpt: ...ars to have been necessary to secure responses, even if responses are sent, Plaintiff is awarded $1,050 for three hours at $350 per hour against counsel, not the party, to be paid in 90 days. Factual / Procedural Context: This is a vehicular collision/personal injury case. Plaintiff Kevin Ceballos Herrera ("Plaintiff") alleges that on October 5, 2021, his vehicle was struck by a vehicle that was owned and operated by Defendants Yolani Murillo ("M...

Excerpt: ... had not expired before the summary judgment motion was made. The summary judgment was filed on April 25, 2023, well before Defendant served its expert demand on June 23, 2023. The exchange was to occur on July 20, 2023, to which Plaintiff did respond (albeit 10 minutes late and without the required information.) (Declaration of Joseph M. Radochonski, 3, 4.) ICOA: Assuming Defendant met its burden of proof, Plaintiff produced the testimony of Dr....

Excerpt: ...rily falls 60 days after notice of entry of judgment, or 180 days after entry of judgment, whichever is first." (Kaufman v. Diskeeper Corp. (2014) 229 Cal.App.4th 1, 8.) It is undisputed here that judgment has not been entered. GM also relies on DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140 to support its conclusion that the instant motion is not timely. However, that case held that settlement payment constituted "n...

Excerpt: ...in part Kelly Mac's and Cavco's separate demurrers. Plaintiff then filed the Third Amended Complaint, and subsequently filed a motion for leave to amend, which the court granted. Plaintiff filed the Fourth Amended Complaint (4AC) on 4/12/23. The 4AC asserts (which omitted causes of action and changed the numbering): (1) retaliation (common law); (2) breach of implied warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) vio...

Excerpt: ...tively appurtenant to land Bank of Visalia v. Smith (1905) 146 Cal.398 "[T]he shares themselves are personalty and do not pass upon a conveyance of land unless they are appurtenant thereto; they may become appurtenant by the adoption of appropriate provisions in the by-laws of the water company Wheat v. Thomas (1930) 209 Cal. 306, 315. Here, section 4 of Article XII of the bylaws (Complaint, Ex. 5) implies that the stocks are appurtenant to land ...

Excerpt: ...LC (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. Defendant Glory Investment, an affiliate of AERC, received a short-term loan from the partnership. Additionally, the general partners charged management fees, consulting fees, etc. Plaintiff file...

Excerpt: ... Sheriffs' Association: (a) Dishonesty (c) Inefficiency or negligence in performance of duties (f) Willful violation of an employee regulation prescribed by the Board of Supervisors or the head of the department in which the employee is employed (m) Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the department in which they are employed (Administrative Record ["AR" | 601.) The...

Excerpt: ...r create conflicting rulings on common issues. CCP 51281.2. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479. The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; s...

Excerpt: ...train, supervise and discipline employees, 2) intentional tort-assault, 3) negligence, and 4) assault and battery. All but the second cause of action are alleged against Defendant Raincross Pub and Restaurant, LLC. Defendant as used in this ruling refers to Raincross Pub and Restaurant, LLC. Defendant moves for summary judgment on the grounds that Plaintiff cannot establish one or more essential elements of any of his causes of acton against Rain...

Excerpt: ...) breach of the fiduciary duty; and (3) damage proximately caused by the breach." (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.) "Whether a fiduciary duty exists is generally a question of law. [Citation.]" (Marzec v. California Public Employees Retirement System (2015) 236 Cal.App.4th 889, 915.) A fiduciary relationship is any relation existing between parties to a transacton wherein one of the parties is... duty bound to act with the u...

Excerpt: ...ation as to the supplemental responses. If no supplemental responses have been served, then the Court grants the motion as to Requests Nos. 12, 13, 30, 32, 33, 42, 43, 44. The Court denies as to No. 34. The Court denies the request for monetary sanctions. Factual / Procedural Context Plaintiff Sunil Sujan, M.D. ("Sujan") was a physician with admitting privileges at UHSCorona, Inc. dba Corona Regional Medical Center ("CRMC"). Sujan contends that w...

Excerpt: ...he air conditioning evaporator, causing water damage and mold inside the cabin. (ld., 8.) Plaintiff would not have purchased the vehicle had he known about the air conditioning defect or that mold had been accumulating in the vehicle. (ld„ '1 9.) On February 22, 2023, Plaintiff filed the Complaint alleging 1) violation of the Consumer Legal Remedies Act, Civil Code S 1750 et. seq. ("CLRA"); 2) intentional misrepresentation; 3) negligent misrepr...

Excerpt: ...follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2016. (306 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included language identical to the RISC in this case. (ld. at 617) The trial court denied the motion, and the appellate court affrmed. (ld. at 616-17.) Th...

Excerpt: ...n, and the tailgate, "among other defects and non-conformities." (Complaint, 915.) Defendant propounded discovery on December 7, 2022 that included the first set of special interrogatories. Responses were served on February 9, 2023 with the verification served February 14, and the parties then began meeting and conferring. On April 28 this motion was filed, seeking further responses to 18 of the special interrogatories. On July 12, plaintiff serv...

Excerpt: ...hould be resolved in favor of those processes." Bono v. David (2007) 147 Cal. App. 4th 1055, 1052. 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 section 1281.2 provides that "[o]n petition of a party to an arbitration agreement alleging the existence of a writte...

Excerpt: ...orman & Clark corp. v. Fallon (1971) 3 cal.3d 875,884.) On the merits, Plaintiff's motion is denied for the failure of Plaintiffs to meet their initial burden. With respect to issues 1 and 2, no admissible evidence has been presented that Defendants acted "[w]ith actual intent to hinder, delay, or defraud" Plaintiffs at the time of the transfers. (See Civ. Code S 3439.04(a)(1).) Nor do Plaintiffs offer any evidence to support a finding of implied...

Excerpt: ...Under California Government Code section 12965(c)(6), "[i]n civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's fees and costs, " Plaintiff's complaint asserts claims brought under the California Fair Employment and Housing Act, which California Government Code section 12965 falls under. Additionally, she asserted wage and hour claims and a Priv...

Excerpt: ...ided documentation and sat for examination under oath, but Defendant never sent an adjuster to evaluate the claim and failed to pay the full benefits under the policy. On 8/5/22, Plaintiff filed a complaint alleging two causes of action: 1) breach of contract; and 2) insurance bad faith and punitive damages. Defendant demurs to the second cause of action for bad faith on the grounds it fails to state facts suffcient to constitute a cause of actio...

Excerpt: ...posed motions to compel Plaintiff to respond to Requests for Production and Form Interrogatories. The court further imposed monetary sanctions against Plaintiff in the total amount of $970. Notice of entry was filed and served on June 7, 2023. * * * Plaintiff now moves for reconsideration of the award of sanctons and argues that she was not aware that she had to check the tentative ruling and then call to schedule oral argument. Plaintiff further...

Excerpt: ...tative Ruling: The Court overrules the demurrer to the 2nd cause of acton. The Court denies the motion to strike. Factual/procedural Context: This is an action under the Song-Beverly Act in which Plaintiffs Rosalba Suarez Gonzalez and Oscar Sanchez Hernandez allege two causes of actions against American Honda Motor Co., Inc. for 1) breach of express warranty, and 2) fraudulent inducement/concealment. Page 3 of 7 Defendant American Honda Motor Co�...

Excerpt: ...auses of action for (1) Products Liability and (2) Negligence. Plaintiff alleges that on December 27, 2018, Plaintiff was injured by a GE dishwasher, Model No. PDT8455MJ2ES, Serial No. FL 100319B ("Dishwasher") while using the Dishwasher in the manner intended by defendants. Plaintiff alleges the Dishwasher was manufactured and designed by Haier US Appliance Solutions, Inc. and Haier US Appliances dba GE Appliances, and sold by Costco Wholesale C...

Excerpt: ...CCP 51985.3 lists the personal records which are maintained by various entities. There is no indication that GoDaddy is an entity listed within the definitions for personal records. Nor does Plaintiff indicate that GoDaddy is his employer. (CCP 51985.6.) As such, there is no indication that a notice was required to be sent to him. Instead, the subpoena must be attached to a notice of deposition which must be served upon him. (CCP SS 1987.5, 2025....

Excerpt: ...suant to CCP 51019.5. This matter arises from a December 2, 2019 motor vehicle 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...

Excerpt: ...m LLC (Millridge), a mere shell company. Plaintiff alleges that she owns real property located at 74 Conejo Circle in Palm Desert. Before she purchased the property, it was owned by Millridge, which offered the property for sale on 8/13/20 for $379,000. Plaintiff, as Trustee, made an all cash offer for $358,000, and after several counter offers, Millridge agreed to sell the property to her for $357,000 in cash, conveyed it to Plaintiff's Trust on...

Excerpt: ... defects. Plaintiff asserts that Defendant could not fix these defects. The operative complaint is the first amended complaint. It asserts the following causes of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2(b). Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowle...

Excerpt: ... owned by Debtor Mainstream Investments, Inc. ("Debtor" or "Mainstream") under California's Uniform Voidable Transactions Act (UTVA). The sole remedy sought by Plaintiffs in this action is for awidance of the transfer, i.e., return of the property back to the Debtor so that Plaintiffs may collect upon a prior Judgment against the Debtor. (See Verified First Amended Complaint, Prayer for Relief ("FAC").) As alleged in the FAC, from December 8, 201...

Excerpt: ... its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, supra, 22 Cal.4th at 1095). The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Lodestar is the objective starting point to determine if attorney's fees are reasonable, which involves multiplying th...

Excerpt: ...t of Ray's client files. As this is the sole basis of the complaint, as to her, the Demurrer is SUSTAINED as to all COA for lack or standing. As DR has had an opportunity to state these claims following the prior demurrer, and has failed to allege any new facts to meaningfully change the claim, the demurrer is SUSTAINED WITHOUT further leave to amend as to DR. As to the ICOA (all defendants): SUSTAINED as follows: Conversion is: (1) plaintiff's o...

Excerpt: ...12, 2023, Plaintiffs filed a further supplemental declaration and Proposed Order in compliance with the Order. The following issues were addressed: 1. Although counsel for Defendant states that the Class Members generally are high school educated and can read the Notice, the CMO requires a declaration from Defendant based on personal knowledge. Page 5 of 5 Defendant's principal, Dale Carson, now declares that the Class Members are adults who spea...

Excerpt: ...ed, but Plaintiff did not, and the Court granted GCE's motion for dismissal. Plaintiff's motion was thus continued to today's date. As such, with respect to Plaintiff's motion, the Court is inclined to grant the motion to enforce the settlement, but orders Plaintiff to appear to discuss whether the Court should order a Judgment pursuant to the terms of the agreement, or some further order. With respect to prejudgment interest, the Court has no in...

Excerpt: ...mplicated. (Pacers, Inc. v. Sup. Ct. (1984) 162 Cal.App.3d 686, 589.) Courts have broad discretion to control discovery and discovery proceedings. (Obregon v. Sup. Ct. (1998) 67 Cal.App.4th 424, 431.) Hence, in a discovery dispute, the court, "in fts sound discretion, must assess and balance the nature and substantiality of the injustices claimed on other side." (Avant! Corp. v. Sup. Ct. (2000) 79 Cal.App.4th 876, 882.) Courts faced with a civil ...

Excerpt: ...l / Procedural Context: This is an employment dispute. On May 3, 2023, Plaintiff filed a Complaint against Defendants, alleging (1) discrimination in violation of FEHA, (2) hostile work environment harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to provide reasonable accommodation in violation of FEHA, (5) failure to engage in the interactive process in violation of FEHA, (6) failure to prevent discrimination, h...

Excerpt: ...Kia Soul that has a defective gasoline direct injection engine (GDI), i.e. the Nu engine. Plaintiff alleges Defendant concealed the defect, resulting in a tolling of the statute of limitations. From 8/13/18-3/6/21, Plaintiff had the vehicle inspected for various issues, but Defendant never informed Plaintiff of the engine defect. Plaintiff filed this achon on 8/3/21. After the court sustained Defendant's demurrer, Plaintiff filed the First Amende...

Excerpt: ...biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (ld„ '1 10.) So was the founder, manager and owned the largest membership interest at 50%. (ld., 13, 15.) Plaintiff acquired a 10% interest in the Company with his investment of $400mo pursuant to a Share Subscription Agreement dated 4/18/17and the Company's Amended and Restated Operating Agreement dated October 2017 ("Operating Agreement"). (ld.,...

Excerpt: ...Martin, pursuant to Evid. Code S 783. Defendants argue that such evidence is crucial to demonstrate alternate cause for Plaintiff's emotional distress and mental suffering and to establish that Defendants' alleged liability cannot exceed its proportionate share of fault, and to attack Plaintiff's credibility with regard to the extent to which her injuries were caused by Defendants' alleged tortious conduct. Defendants further seek to admit the te...

Excerpt: ... CCP 5439. Mr. Molinari declares that he sent a meet and confer letter to Petitioner, who is in pro per, on 4/10/23. (Dec.Molinari '1 2.) He declares that his meet and confer letter is attached, but it is not. Instead, Mr. Molinari has attached Petitioner's letter in response. (ld. Ex. "2".) Mr. Molinari concludes that Petitioner's letter indicates Petitioner was not interested in trying to resolve the legal errors in his Petition. (ld. 3.) In re...

Excerpt: ...tified defects. Plaintiff delivered the vehicle to Defendant Fiesta Ford ("Fiesta") for repairs and alleges that Fiesta negligently performed the repairs. On December 13, 2022, Plaintiff filed her Complaint which sets forth three (3) causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against FMC); (2) Violation of Song-Beverly Act— Breach of Implied Warranty (against FMC) and (3) Negligent Repair (against Fiesta)...

Excerpt: ...ary injunction is to preserve the status quo until there is a final determination of a cause of action." (Assn. for Los Angeles Deputy Sheriffs v. Cnty. of Los Angeles (2008) 166 Cal.App.4th 1625, 1634.) Pursuant to CCP S 526(a)(3), a preliminary injunction may issue: When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to done, some act in violation of the righ...

Excerpt: ...nd: On September 6, 2023, Plaintiff filed a Complaint for: (1) Violation of Song-Beverly Act Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; (3) Violation of Song-Beverly Act Section 1793.2. On 2/13/23, Plaintiff served a Notice of Deposition of Defendant's Person Most Knowledgeable and requests for production of documents. The deposition was to take place on 2/28/23. (Camran Pakbaz Declaration, 917, ...

Excerpt: ...ersuasion, so the burden shifts to Defendant to show there remain triable issues of material fact. In response, Defendant asserts there are triable issues of material fact regarding whether a contract was formed based on an alleged lack of consideration and does not raise any other grounds for his opposition. First, Defendant's Answer, of which the court may take judicial notice, does not raise lack of consideration as an affirmative defense. "La...

Excerpt: ...n on October 13, 2021 against defendant Loma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Dr. Jessie Rollins ("Dr. Rollins"), a primary-care physician. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, '1 14.) X...

Excerpt: ...6- 7). Plaintiff then alleges that various defectors or nonconformities manifested within the warranty period and that defendant has failed to replace or make restitution. Defendant now moves to compel arbitration, citing the arbitration clause in the retail installment sales contract plaintiff entered into with the seller, Spreen Honda. Citing to Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 498, defendant contends that the causes of acton ...

Excerpt: ... notice pursuant to CCP 1019.5. This matter arises from a motor vehicle collision which occurred on December 2, 2019, in Riverside County and resulted in alleged personal injuries to Plaintiffs. Plaintiffs Delia Aguilera Gazca ("Plaintiff") and Maribel Aguilera ("Aguilera") filed a Complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") for damages on December 1, 2021, alleging causes of action for (1) negligence and (2) motor...

Excerpt: ...the there is no evidence that he served any formal response. Furthermore, because there are only two Subpoenas at issue that requested any and all insurance records, the issues can be readily addressed without a separate statement. Motion to Quash: A depsiton subpoena for production of business records may be used to obtain discovery within the state from a person who is not a party to the action in which discovery is sought. (Cal Code Civ Proc S...

Excerpt: ...(CCP S 473.5(a).) "This section is designed to prov-de relief where there has been proper service of summons (e.g., by substitute service or by Page 3 of 7 publication) but defendant nevertheless did not find out about the action in tme to defend." (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) 5:420, p. 5-1222 [italics in original].) Secton 473.5(a) requires the defaulting party to serve and file the notice of motion within ...

Excerpt: ... 2023, 8:30 a.m„ Department PS2. Defendants Kenagy and Nicodemus to provide notice pursuant to CCP 1019.5. On February 10, 2022, filing Plaintiff Judith Nicodemus ("Plaintiff") filed a complaint against two of her adult children, Defendants Shawn Kenagy ("Kenagy") and Stephen Paul Nicodemus ("Nicodemus"), Page 13 of 16 alleging claims for 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and const...

Excerpt: ... and Dickerson, for (1) total equitable indemnity, (2) partial equitable indemnity, (3) contribution, (4) negligence, (5) breach of fiduciary duty, (6) constructive fraud, and (7) declaratory relief. This Cross-complaint was filed after this Court confirmed an arbitration award of $1,552,760.83, pursuant against Defendants Coachillin' Holdings, LLC and Kenneth Dickerson, jointly and severally in the underlying action. The arbitration involved onl...

Excerpt: ... obtaining a "right-to-sue" letter from DFEH. (Govt. C. SS 12960, 12965(b)). The plaintiff then has one year from the date of the right to sue letter to file a civil action. (ld.) Here, there is no dispute that plaintiff filed his original DFEH complaint on December 20, 2017, which included allegations of harassment, discrimination and retaliation based on race and his request for a reasonable accommodation for his disability for the period of No...

Excerpt: ... 8ijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until it was sold. Bijah told Plaintiff that she would not receive title of the manufactured home until it was paid off, and title would remain with Diamond Valley. Plaintiff was no longer interested, but later convinced by the maintenance man to trust 8ijah. Plaintiff agr...

Excerpt: ...generally that he had been working at the Saks store in Palm Desert since 2004, and that in 2017, when he was in his late-40s, he became the assistant general manager. Thereafter, Saks hired a new General Manager, Flaig-Mtnre, who was in his mid-30s. In November 2018, the Regional Marketing Director, Horwitch, asked Peavy for a "favor" consisting of paying $15,Cü3 of his store budget to her store, in Beverly Hills. Peaw,' refused, causing Horwit...

Excerpt: ..., 14th, and 17th causes of action for (1) Survival Acton: Negligence; (2) Wrongful Death: Negligence; (3) Survival Action: Negligent Hiring, Training, Supervision, and/or Retention; (4) Wrongful Death: Negligent Hiring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. With respect to Caltrans' demurrer, the demurrer is overruled. Caltrans shall file an answer within 10 days after Plaintifffiles their amended compla...

Excerpt: ...ted April 4, 2023, Plaintiff substituted defendant All County Environmental & Restoration Company Inc. ("All County") for Doe 1. As reflected in the prtnf of service, the complaint was personally served on All County on May 8, 2023. All County now moves to dismiss the action under CCP S 583.250 on the ground that it was not served on All County within three years after the action was commenced. All County argues that, in the alternative, service ...

Excerpt: ...he Aggrieved Employees are defined as: "All other nonexempt, hourly employees, current and former, who were employed by Defendant within one year prior to June 8, 2021, through final disposition of this action." (Compl. 13.) At all relevant times, Plaintiff and the Aggrieved Employees were employees of Defendants. (ld. at 21.) On October 28, 2022, Plaintiff filed this action against Defendants, alleging a single cause of action for PAGA #nalties....

Excerpt: ... which are the product of a long-time collaboration between inventor Michael Bitensky and Sharon Hoffman, and patent assignor and assignee 8NL (Better Nutritionals, LLC) and Goli. Plaintiff alleges that Goli released fts ACV gummies in April of 2019, and its Ashwa gummies in January of 2021. Defendant, BNL, is a supplement manufacturer located in Gardena and Norco, which manufactures the subject gummies. Plaintiff alleges was contacted by BNL rep...

Excerpt: ...rtment is in public records that have been disclosed to the Department by USRECH and Calmwater in applying for a lend-ng license. Moving parties assert that while information was disclosed to the Department, all of it is not publicly available and remains confidential. Lander claims the information he seeks will establish that USRECH is not entitled to a usury exemption because it was not licensed when the loan was made, and was required to be li...

Excerpt: ...ta, early consumer complaints made exclusively to GM's network of dealers and directly to GM, aggregate warranty data compiled from GM's network of dealers, testing conducted by GM in response to consumer complaints, and repair order and parts data received by GM from its network of dealers (q 25); that Defendant knew or should have known about the transmission defect from consumer complaints that formed the basis for McKee v. General Motors LLC,...

Excerpt: ...and 27-28; 2. Page 4, lines 1-4, 5-20, 21-26, and 27; 3. Page 5, lines 1-4, 5- 10, 11-23, 24, and 25; 4. Page 6, lines 1, 2, 11, and 20; 5. Page 7, lines 14- 15, 17, 18, 19, 22, 23-24, and 26- 27; 6. Page 8, lines 1- 2, 11- 20, 21, 23, 26, and 27; 7. Page 9, lines 1, 4-5, and 22; 8. Page 10, lines 2- 3; 9. Page 11, lines 1, and 13- 14; 10. Page 12, lines 6, 7, 10, and 27-28; 11. Page 13, lines 1-8, 10, 11, 12, and 26-28; 12. Page 14, lines 1-7, 9...

Excerpt: ...mages would appear to fall within Claimant's own knowledge – not Auto Club's. Claimant did not a
©ach the discovery responses showing what informa
Ÿon is within Auto Club or Visessung's knowledge or otherwise explain what possible informa
Ÿon Visessung can provide as to her own damages. Claimant fails to explain why Vissessung's deposi
Ÿon is necessary or why she needs to determine the sources of responses and, notably, Claimant does not co...

Excerpt: ...se of action. Plaintiffs provide specific examples of defendant's conduct online of name-calling, blocking plaintiffs from posting on NextDcM false claims of criminal acts, identity theft and confronting plaintiffs while on a walk. On the 5th cause of action for violation of the Bane Act, plaintiffs fail to sufficiently allege that defendants threatened or committed a violent act in an attempt to interfere with their constitutional rights. (First...

Excerpt: ...sel requesting a telephonic conference. (See Declaration of Kiki Manti Engel, 3-4.) There is no indication they actually spoke, just that defense counsel "invited Plaintiff to contact my office via telephone to discuss the contents of the meet and confer letter." (ld. at 3.) C.C.P., SS 430.41 and 435.5 very clearly requires that parties meet and confer by telephone or in person, regardless of the prospects of an informal resolution. 1 Defendants ...

Excerpt: ... medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of achon for professional negligence. The Court sustained a demurrer to Plaintiff's Complaint on 3/8/23 with leave to amend. Defendants...

Excerpt: ...cedural background: Plaintiff Haydx, Inc. ("Plaintiff") filed the complaint in this breach of contract action on 1/4/18 against defendants Lyndon Ichida and Hayday Farms, Inc. (together, Defendants"). The action proceeded to a court trial. On 9/18/20, the court issued judgment (the "Judgment") in favor of Defendants. On 1/10/23, the Fourth Appellate District, Division Two, of the Court of Appeal affirmed the Judgment. Defendants move for an award...

Excerpt: ...the mortgage every month, he would receive title to the Property. (Comp. , 18.) Plaintiff and Thelma resided at the Property. (Comp„ '1 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, 2015, a grant deed was recorded transferring title from Defendants to Thelma only. (Comp„ Exh A.) As of June 2021, Plaintiff and Thelma's relationship ended. (Comp., 8.) On April 29, 2022, Plaintiff f...

Excerpt: ...s responses to interrogatories. But no information is provided regarding the interrogatories served. In opposition, Defendants contend that they are requests for production, to which Plaintiff responded to Defendant Brenda Samec, but not Defendant Joseph Samec's requests. Either way, a motion for protective order must be made promptly. (CCP SS 2030.090 (interrogatories); 2031.060 (requests for production).) As it is unclear what discovery is at i...

Excerpt: ...or of the moving party without the necessity of trial. Civ. Proc., S 437c; Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. Civ. Proc., S 437c(f)(1).) A defendant has met his or her burden under Code Civ. Proc., of showing a c...

Excerpt: ... Cross-Defendant owed a contractual duty to defend Crosscomplainant against plaintiffs' lawsuits at the time of tender. Issues Nos. 2 and 3: denied based on procedural defects. Cross-complainant's Request for Judicial Notice: Granted pursuant to Evidence Code S 452(d), (c) and (h) as to all Exhibits except for C and D. Denied asto C and D. Cross-Defendant's Evidentiary Objections: Sustained as to Nos. 1, 2, 4, 7, 8, 12-14 and overruled as to Nos....

Excerpt: ...oma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Alvin Leroy Hensel, M.D. ("Dr. Hensel"), a board-certified radiologist. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, 14.) X-rays taken at LLUMC revealed flui...

Excerpt: ...or of the moving party without the necessity of trial. Civ. Proc., S 437c; Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. Civ. Proc., S 437c(f)(1).) A defendant has met his or her burden under Code Civ. Proc., of showing a c...

Excerpt: ...97) 53 Cal.App.4th 1113, 1117.) Responding party, has not met its burden to justify its objections, which are meritless. The requests are not vague, ambiguous, protected by trade secret privilege, work product doctrine, or attorney-client privilege. Notably, there is no privilege log that respond-ng party can point to regarding any of these issues, nor does the Lu declaration support a claim of trade secret. Plaintiff has demonstrated by a fact-s...

Excerpt: ...by admitting the truth of all matters contained therein." (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.) However, a responding party's service, prior to the hearing on the "deemed admitted" motion, of substantially compliant responses, will defeat a propounding party's attempt under S 2033.280 to have RFAs deemed admitted. (Tobin v. Oris (1992) 3 Cal.App.4th 814, 827, disapproved on other grounds, Wilcox, supra, 21 Cal.4th 973, 983, fn. 12.)...

Excerpt: ...respect to prejudgment interest, the Court has no information as to the amount of prejudgment interest, and thus orders counsel to appear. The Court shall grant attorneys' fees and costs pursuant to the terms of the Settlement Agreement in the amount of $3,065.00, but not pursuant to CCP S 128.5. The Court imposes sanctions only against Kamran Staffing, not defense counsel. With respect to GCE International's joinder, the Court grants the motion ...

Excerpt: ... Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). On November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") in Palm Springs. Upon entering, Benjami...

Excerpt: ...' subcontract. Although the instant action for declaratory relief seeks judicial determination of issues that concerns the legality of the parties' subcontract, and such "issue is one for judicial determination upon the evidence presented to the trial court" (Loving & Evans v. Blick (1949) 33 Cal.2d 603, 609), Plaintiff AVL has not submitted evidence demonstrating that the illegality of the contract to justify denying the motion. The Court orders...

Excerpt: ...velt High School. (SAC "1 7, 20—21.) Defendant Corona-Norco Unified School District ("CNUSD") is a school district that maintains, operates, employs, supervises, and oversees the school district where Eleanor Roosevelt High School is located. (ld. at '1 2.) At all relevant times, Defendant Greg Anderson ("Anderson") was the principal of Eleanor Roosevelt High School. (ld. at 6.) On February 8, 2023, Plaintiff filed his operative SAC against CNU...

Excerpt: ... previously considered, and some valid reason for not offering it earlier. Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500; Garcia v. Hejmadi (1997) 58 Cal.App.4th 574, 690. The burden is comparable to that of a party seeking a new trial on the ground of newly discovered evidence; that is, the information must be such that the moving party could not with reasonable diligence have discovered or produced it at trial. New York Times Co. v. Su...

Excerpt: ... pleaded, cannot be established, or that there is a complete defense to that cause of action. (CCP S437c(p)(2).) 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...

Excerpt: ...he patient/physic:ian Arbitration Agreement is attached as an exhibit. The agreement, among other things, under Page 7 of 8 Article l, contains the following language as required by Code of Civil Procedure secton 1295 (enacted as part of the Medical Injury Compensation Reform Act of 1975 [MICRA]): It is understood that any dispute as to medical malpractice, that is, asto whether any medical services rendered under this contract were unnecessary o...

Excerpt: ...sclassified as an independent contractor. Plaintiff alleges that he was required to complete two 10-hour unpaid "training" days, during which he essentially built sheds for customers in the same manner as other employees. Plaintiff alleges that he was often required to work shifts that were longer than eight hours without meal and rest breaks and without overtime or double time pay. Plaintiff asserts that, because he was misclassified and paid a ...

Excerpt: ...ut a thirty-day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Assuiaton ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction, as stated in the HOA's governing documents. (AR 1498- 1592.) Petitioners' pro#rty is also located within the Eldorado Barranca Property Owner's ("Barranca POA"). The Barranca POA ...

Excerpt: ...aintiffs. Page 12 of 13 On June 2, 2023, this court issued a statement of decision following a bench trial in this case, which was finalized June 16, 2023. The Court ordered that title to all three subject Palm Springs Properties be quieted in favor of Defendant Cardenas as of July 24, 2018 free of all liens asserted by Plaintiffs or other named Cross-Defendants. Furthermore, the Court found that Cross-Defendants Seeley, McLaughlin and Interventi...

Excerpt: ...h his emergency flashers on. Solis was working at the time and made a workers' compensation claim with his employer, Plaintiff, City of Beaumont. Plaintiff filed its Complaint on 7/8/22 alleging a single cause of action for motor vehicle negligence. *** Plaintiff, Jose Solis, brings this motion to enforce a settlement pursuant to CCP S 664.6 on the ground that Defendant and Solis agreed to settle the case for Defendant's insurance policy limits o...

Excerpt: ...ects and nonconformities to warranty that GVVs authorized repair facility was unable to repair after a reasonable number of attempts, and GM refused to repurchase the vehicle. Plaintiff filed the Complaint on September 22, 2022 alleging causes of action under the Song-Beverly Act including 1) breach of express warranty; 2) breach of implied warranty and 3) negligent repair. On February 15, 2023, Plaintiff propounded on Defendant the first set of ...

Excerpt: ... check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Beverly); and (2) breach of express warranty (Song Beverly). Plaintiffs move to compel the deposition of Defendant's PMQ, who failed to appear for deposition. Defendant has refused to produce a PMQ for ...

Excerpt: ...al Services, secured by her property by a second position deed of trust, recorded on 11/16/05. Plaintiff alleges she made payments on the loan until 21%8 when she experienced a financial hardship and, as a result, fell behind on her payments and the loan became underwater and unsecured. On 11/14/19, Defendant Affinia Default Services, LLC ("Affnia") recorded a Notice of Default on behalf of defendant Specialized Loan Servicing, LLC ("Special-zed"...

Excerpt: ...rt & Final LLC ("Defendants") negligent placed plastic pallets and break racks near flammable contents within Defendants' storage container, directly adjacent to Plaintiffs' business. (Complaint, 91.) The Fire spread quickly to Plaintiffs' electrical service panel causing meltdown and a combustible explosion inside Plaintiffs' AMF Foods, Inc. ("AMF") and Andrew Feghali's business.(ld., 92.) On August 12, 2021, Plaintiffs filed a Complaint for, an...

Excerpt: ...errogatories, Set One, No. 6 and 13 within 30 days of service of notice (CCP S 2031.310). Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a vehicular collision personal injury case. Plaintiff Alixs Amairani Ceballos ("Plaintiff") alleges that on June 16, 2022, her vehicle was struck by a vehicle negligently owned and/or 0#rated by Defendant Michael Kerner ("Kerner"). Plaintiff sustained serious injuries as a result of the...

Excerpt: ...se may arise without a transactional relationship when a known safety risk is concealed. (See Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836.) There is no duty to disclose a latent defect where "the complaint is devoid of factual allegations showing any instance of physical injury or any safety concerns posed by the defect." (ld., see also Bardin v. DaimlerChrysler Corporation (2006) 136 Cal.App.4th 1255, 1261-1262.) ...

Excerpt: ...Plaintiff seeks prejudgment interest pursuant to Civil Code S 3291, which provides that when a defendant rejects plaintiff's CCP S 998 offer and plaintiff obtains a "more favorable" judgment at trial, the personal injury plaintiff is entitled to 10% interest on the entire judgment from the date of the offer. Plaintiff, however, is not entitled to prejudgment interest on the costs that are awardable to plaintiff. As defendants correctly note, the ...

Excerpt: ...nd was the mother of Isabella and the husband of Fernando, who are Decedent's sole heirs. Plaintiffs allege that on 4/4/21 non-party Luis Alberto Leonides was driving a 2020 Nissan Sentra on the 91 freeway near Green River Road in Corona. Decedent was a passenger in the Sentra. Defendant, Baltazar Villanueva Ramos (Ramos) was driving his 2014 Chevrolet Camaro when he rear-ended the Sentra, which had stopped due to traffic. The impact caused the b...

Excerpt: ...court for an order that the errata to the complaint filed on March 15, 2023, be accepted and that Plaintiff's complaint be deemed verified. The Motion is made pursuant to California Code of Civil Procedure secton 473(a)(1). Plaintiff Ryan Walker asserts that the complaint in this case, which has always been a quiet title, resulting trust and fraud case, was inadvertently uploaded and filed without the verification page attached. This inadvertence...

Excerpt: ...al.R.Ct. Here, the court signed the judgment in this matter on January 19, 2023 and the Judgment was filed with the court on January 24, 2023. Also on January 24, 2023, the court generated a Minute Order Page 3 of 3 instructing the clerk to give notice of entry of judgment. The clerk mailed a copy of the court's minute order the same day, January 24, 2023. The clerk then filed a Certificate of Mailing on January 24, 2023, certifying that a copy o...

Excerpt: ...ursuant to CCP 1019.5. Plaintiff Granite Constructon Company ("Granite") filed the complaint ("Complaint") in this action on December 21, 2022 against defendant SilverRock Phase l, LLC Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, '1 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under...

Excerpt: ... the warranty period, and substantially impair the use, value, or safety of the vehicle. Plaintiff alleges that AHM failed to promptly replace the vehicle or make restitution under the Song Beverly Act (SSA) after a reasonable number of repair attempts. Plaintiff filed his Complaint on 12/30/22 alleging five 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 Code S 1793.2(a)(3);...

Excerpt: ...n paragraph 8. Plaintiff is ordered to comply with Rules of Court, rule 2.112 when filing an amended complaint; failure to do so may result in any amended complaint being stricken in its entirety. Defendants Abramowitz individually, and as trustee of Skyline Holdings, and Alemany move for judgment on the pleadings as to all causes of action. A motion for judgment on the pleadings has the same function as a general demurrer and the same rules gove...

Excerpt: ...ants") own and jointly operate a wastewater treatment facility in Perris near his property. (ld. at "1 11, 19.) Defendants expanded their water treatment facility and sold the excavated soil from the expansion project. (ld. at 14—15.) Plaintiff contends that this soil contained harmful chemicals and other hazardous materials. (ld. at 20.) Plaintiff alleges that the excavation and storage of this soil caused fine, inhalable particles and dust to...

Excerpt: ...(3) Fraud and Deceit; and (4) Unjust Enrichment. According to the Complaint, on January 14, 2014, the parties executed an AIR Commercial Real Estate Association Standard Multi-Tenant Shopping Center Lease-Net ("Lease") which provided that HKL would lease from El Paseo real property located at 800 N. Palm Canyon Drive, Suites D and E, Palm Springs ("Premises"). (SAC, '1 5; Exh. A.) On the same date and concurrent with the execution of the Lease, t...

Excerpt: ...t's exercise of his or her constitutionally protected rights of free speech or petition for redress of grievances." (Flatley v. Mauro (2006) 39 Cal.4th 299, 311-312 ("Flatley").) Because not all speech or petition activity is constitutionally protected, not all speech or petition activity is protected by the anti-SLAPP statute. (ld. at p. 313.) To prevail on an anti-SLAPP motion, the moving party must first make a prima facie showing that the cla...

Excerpt: ...greement nor did any of her heirs. Instead, Mark Brashear, Decedent's "roommate", signed the arbitration agreement purportedly on behalf of Decedent in the presence of Nancy Anguiano, an employee of Temecula Healthcare. (Dec.Anguiano 1, 3-6.) Ms. Anguiano declares that Mr. Brashear is Decedent's legal representative, and that Decedent's son, Jimmy Hood, who has healthcare power of attorney (POA), instructed her over the phone to have Mr. Brashear...