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: ...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: ...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: ...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: ...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: ... 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: ...on issues. (CCP Page 4 of 10 S 1281.2.) 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/motion 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. (CRC 3.1330; see also Condee v. ...

Excerpt: ...ILAN, COUNTY OF RIVERSIDE Tentative Ruling: A party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 665, 672. However, it does not ass...

Excerpt: ...hat follow. Page 5 of 6 FACTS AND PROCEDURAL BACKGROUND Respondents Janis Carrillo and Maggie Edwards have brought a motion for judgment based upon a settlement entered into in open court on January 17, 2023. The motion is unopposed, and is meritorious for the reasons that follow. CCP section 664.6 provides that: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the ...

Excerpt: ...information; (c) personal health information, etc. The request is reasonably calculated to lead to the discovery of admissible evidence. Objections that were raised for the first time in the opposition, but not included in the responses or supplemental responses to the subject RPFs, are not considered. The Motion is GRANTED as to RFP Nos. 65 and 65. RFP Nos. 75 and 86 are MOOT. Plaintiffs demonstrate a sufficient good cause basis for the producti...

Excerpt: ...in Business Establishment, Unruh Civil Rights Act, Civ. Code S 51; (3) Unlawful Business Practices (Rent Increase), Bus. & Prof. Code S 17200; (4) FEHA Retaliation, Gov. Code S 12955(f); (5) Trespass/unlawful Entry, Civ. Code S 1954; (6) Negligence; and (7) Assault and Battery. Defendants are owners of a residential rental property located in Thousand Palms in the Tri-Palm Estates and Country Club (hereinafter the "Property"). (Compl. 8—10.) Pl...

Excerpt: ...20, 2023, Plaintiff appeared for her deposition with her counsel. Approximately a h hour into the deposition, Plaintiff's counsel and defense counsel got into a heated argument about whether an exhibit should be entered on the record. The deposition was terminated prematurely at that time. Defendant now moves to compel Plaintiff's deposition and for sanctions in the amount of $3,681.50, arguing that it was not given a reasonable opportunity to de...

Excerpt: ...t's surviving spouse. Both parties have filed competing petitions under Probate Code 850 (850 petitions). The subject asset is real property located at 960 N. Palm Canyon Drive, Palm Springs, CA (the Property) and the operating hotel thereon (the Canyon Club). Decedent and Petitioner were members of an LLC that operated the Canpn Club. The competing 850 petitions together constitute a dispute as to whether the Property is now owned by the estate ...

Excerpt: ...State of Calif. (2002) 94 Cal.App.4th 1285, 1302. Where the application of the presumed measure of damages would lead to an unjust result, the plaintiff may recover an amount sufficient to indemnify him or her for all loss that is the "natural, reasonable and proximate result" of defendant's wrongful conduct. Cal. Civ. Code S 3336; Myers v. Stephens (1955) 233 Cal.App.2d 104, 117 (measuring damages by lost profits rather than value of property). ...

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...

Excerpt: ...LLC ("Defendant"). The vehicle was sold with a 3-year/36,OOO-mile basic coverage warranty and a 5-year/60,OOO-mile powertrain warranty. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff delivered the Subject Vehicles to authorized repair facilities on several occasions, but Defendant's agents were unable to cure the defects. Plaintiff a...

Excerpt: ... which Plaintiff alleges led to his wrongful termination in August 2020. The Complaint filed on June 29, 2022 alleges the following: (1) discrimination on basis of race/ethnicity; (2) harassment on basis of race/ethnicity; (3) associational discrimination based on a disability; (4) retaliation for taking a CFRA/FMLA leave of absence; (5) retaliation for engaging in protected activity; (5) failure to prevent discrimination, harassment and retaliat...

Excerpt: ...located on Defendants' property. Plaintiffs allege that Defendants, Energy Capital Partners Ill-C (Terra-Gen IP), LP; First Sentier Investors (US), LLC; Painted Hills Wind Holdings, LLC; Site Constructors, lnc„ owned, managed, maintained, operated, repaired, directed, leased and/or controlled the premises located at 59957 16th Avenue in Whitewater, California. On the date of the fall and prior to it, Decedent was lawfully on the premises as a g...

Excerpt: ...he 2nd Cause of Action, it is overruled. Defendant is ordered to file an Answer within 30 days. JUDICIAL NOTICE Defendant requests the court take judicial notice of the following documents: A) an order in Plaintiff's workers' compensation case, B) Plaintiffs voluntary resignation, C) Plaintiff's initial complaint in this action, and D) the operative FAC. Plaintiff objects to the request as to Exhibit B — resignation — only. Defendant requests...

Excerpt: ...al. Plaintiff to provide notice pursuant to CCP 51019.5. Plaintiffs Ruben Vega and Rosalie Vega allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, 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 Be...

Excerpt: ... Civil Code section 910 et. seq. (the "Right to Repair Act" or "S8800") specifies various statutory procedures that must be followed before a homeowner may sue a builder for defects in construction of a new residential unit. The statutes provide builders with the absolute right to attempt a repair prior to a homeowner filing a lawsuit. The purpose is to promote prelitigation repairs and avoid litigation costs that result in increased costs of con...

Excerpt: ... requests, the court may impose monetary, issue, evidentiary and/or terminating sanctons. (CCP S 2023.030(a)—(d); 2030.300(e); 2031.310(i).)1 Terminating sanctons 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 2023.0...

Excerpt: ...2, Plaintiff was attacked by another student (referred to as "Student V") who approached Plaintiff from the back without warning, cut Plaintiffs hair off and threw it to the ground. (FAC, 15.) Plaintiff brings this action against the District for negligence under the theory of derivative liability (Gov. Code, S 815.2), claiming that the District was vicariously liable for injuries caused by the act or omission of its employee for negligently and ...

Excerpt: ...l Motors, LLC ("Defendant"). Plaintiff alleges that the subject vehicle was delivered with serious defects that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The operative pleading is the third amended complaint. It asserts the following causes of action: (1) violation of Civil Code S 1793.2(d); (2) violation of Civil Code S 1793.2(b); (3) violatio...

Excerpt: ...stake, inadvertence, surprise, or excusable neglect, which "shall be made within a reasonable time, in no case exceeding six months, after the judgment, or proceeding was taken." Here, default was entered January 5, 2023 and this motion was filed within the six-month limitation period. Section 473, subdivision (b), further provides: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made...

Excerpt: ...f Acceptance and Objection to the Notice of acceptance to be heard on April 20, 2023. On April 12, 2023, both parties filed briefs regarding their respective positions regarding whether or not Defendant timely accepted Plaintiffs offer in compromise. Then on April 19, 2023, the Court on fts own motion found that no hearings were required after having reviewed both briefs submitted by the parties and entered judgment under the 998. To the extent P...

Excerpt: ...osts on May 10, 2023. Robert seeks costs in the total amount of $2,129.29. * * * Plaintiff now moves to tax costs. Plaintiff notes that all of the claimed costs were incurred on behalf of both Robert and Lea and argues in short measure that any award of costs should be reduced because Lea was not a prevailing party. In addition, Plaintiff argues that Robert is not entitled to recover costs for excessive electronic filing fees in the amount of $11...

Excerpt: ... responsive to this request, responding party is ordered to provide an appropriate privilege log along with its further responses. "On receipt of a response to a demand for inspection... , the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequ...

Excerpt: ...efendant D/T Carson Enterprises ("Carson Enterprises") from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. alleges that co-worker, Steven Young ("Young") made sexually explicit comments and gestures to Plaintiff due to his perceived orientation. Plaintiff asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was termin...

Excerpt: ...r becoming final. Matter will be reassigned to complex case department pursuant to PAGA claim in 13th cause of action. Notice will be provided by court regarding next hearing. Defendant to provide notice pursuant to CCP 1019.5. This is a wage and hour class action filed by Plaintiff on April 21, 2023 against defendants Cove Electric, Inc. ("Cove") and Bojkovsky (collectively, "Defendants"). Plaintiff alleges thirteen causes of action for (1) Fail...

Excerpt: ...Rights and (2) CFRA Retaliation against Defendant Desert Community College District ("Defendant"). Plaintiff alleges as follows in their opposition (Paragraph citations do not match operative Complaint): Plaintiff Mr. Baker is a higher education administrator with more than 26 years of experience. Declaration of Jeffrey Hilton Baker, June 21, 2023. (Complaint, '1 1.) As an administrator Mr. Baker has consistently performed above expectations and ...

Excerpt: ...transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidental California I—P. ("Defendant"). Plaintiff alleges that the actions/inactions of City and Defendant violated his civil rights as an elderly, disabled, gay male, victim of stalking and hate violence who was given VAWA protection. On December 28, 2021, the court sustained Defendan...

Excerpt: ...anted pursuantto Evid. Code, S 452(d). ENTRY OF DEFAULT Plaintiffs argue that Defendant cannot make this motion because he is in default. However, the instant motion was filed on April 28, 2023, while the request for entry of default was filed on May 2, 2023. It appears the entry of default was filed in error by the clerk's office. As such, the Court orders sua sponte to set aside the incorrect entry of default. As a general rule, when a cause of...

Excerpt: ...l arbitration of plaintiff's claims and to dismiss the class allegations. The parties seem to agree that the Court should (1) compel arbitration of plaintiff's individual claims for violation of the California Labor Code and the UCL and (2) dismiss without prejudice the class claims. They disagree as to whether the non-individual PAGA claim must be dismissed or should be stayed while the arbitration is pending. Defendant's motion to dismiss the n...

Excerpt: ...ould not receive campus-based services. Further, they allege that CBU did not offer appropriate refunds, credits or discounts to plaintiffs and others like them. The FAC alleges causes of action for breach of contract, breach of implied contract, unjust enrichment, and conversion.l Plaintiffs move to certify the class. CBU argues that there is no express contract requiring oncampus, in-person classes and that the implied contract cause of action ...

Excerpt: ...ation. On September 24, 2021, Defendant Vibe Growth Corp., fka Vibe Bioscience Ltd. filed a cross-complaint against Plaintiff for (1) breach of contract; (2) common count: money had and received; (3) unjust enrichment; and (4) declaratory relief. On May 19, 2023, Defendant Joseph Starr ("Defendant") filed a motion for summary judgment/adjudication, which is presently calendared for hearing on September 7, 2023. Trial is presently set for Septembe...

Excerpt: ...nt of $1,060.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Plaintiff ordered to give notice pursuant to CCP 51019.5. This is a Song Beverly suit. On November 13, 2021, Plaintiff Mario Serna ("Plaintiff") purchased a 2021 Honda Accord ("Subject Vehicle"), which was manufactured and/or distributed by Defendant American Honda Motor Company ("Defendant" or "Honda"). The Subject Vehicle was purchased wit...

Excerpt: ... avoid the statute of limitations, the amended complaint must rest on the same general set of facts as the general complaint, refer to the same accident and same injuries as the original complaint, and refer to the same instrumentality as the original complaint." Scholes v. Lambirth Trucking Co. (2017) 10 Cal.App.5th 590, 597-598. "Cases applying this relation back rule have made it clear that 'it is the sameness of the facts rather than the righ...

Excerpt: ...of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of a...

Excerpt: ...leges that defendant Juan Olivares was his employee and head mechanic at Alarcon Sons, Inc. Alarcon alleges that on March 8, 2019, he and Juan entered into a contract whereby the property would be conveyed to Juan when Alarcon died or retired, whichever occurred first, as long as Juan remained in the employment of Alarcon & Sons, Inc. for the duration of his career. If Juan retired early, or terminated his employment, Alarcon retained a right of ...

Excerpt: ... (Civ. Code S 1794.) The dispute is as to the amount. Defendant Jaguar asserts, among other things, that Plaintiff is seeking fees for unreasonable, unnecessary, and duplicative work, billed at inflated hourly rates. Jaguar also asserts that no multiplier is warranted. As explained below, the Court awards attorneys' fees of $56,639 and 982.30 in costs. under Civil Code section 1794, the court must make an initial determination as to the actual ti...

Excerpt: ...ce — Recklessness and Gross Negligence and (2) Intentional Infliction of Emotional Distress. The complaint alleges that on March 29, 2022, Plaintiff was playing a round of golf with his father and a couple they met that day, at the JW Marriot Desert Springs Resort & Spa located at 74-855 County Club Drive, Palm Desert, California ("Premises"). Plaintiff's father is in his 70s and has some physical limitations which make him slower on the golf c...

Excerpt: ...pending between the same parties on the same cause of action. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789. Plea of abatement requires "absolute identity of the parties." ld. at 788. In addition, the causes of action must be the same, such that a judgment in the first action would be a complete bar to the second action. ld. It must be claim preclusion as issue preclusion is not sufficient. Bush v. Superior Court (1992) ...

Excerpt: ...iation of trade secrets under the federal Defend Trade Secrets Act of 2016 ( 18 U. S. C. S 1836, et seq.), and awarded compensatory damages in the amount of $1,156,868.00. The jury found that Defendant engaged in willful and malicious misappropriation of trade secrets. The jury found that Defendant engaged in conduct with malice, oppression, or fraud, and awarded punitive damages in the amount of $200,000.00. On October 21, 2022, the court signed...

Excerpt: ...his order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Gary Sauter ("Sauter") filed the complaint ("Complaint") in this action on May 3, 2021 against defendants Fred Rudat ("Fred") and Marta Rudat ("Marta") Sauter alleges that in October 2018, he entered into a loan agreement with Fred and Marta, in order to prevent a forced sale of their residential property (the "Property") in Rancho Mirage. (Complaint, 5, Exhib...

Excerpt: ...e of material fact. Objections: Defendant's objections to Response in Opposition Nos. 1 and 2 are sustained. Factual and procedural background: This action arises out of a fire that occurred on 7/28/20, at the storage facility owned by The Salvation Army (TSA), in which Plaintiff's personal properties were allegedly damaged. On 1/24/22, Plaintiff, in pro per, filed his operative FAC, naming TSA as the sole Defendant. The FAC asserts against TSA a...

Excerpt: ...uant to CCP 1019.5. This case arises out of an employment dispute between Plaintiff Julian Gonzales ("Plaintiff") and Shottenkirk-california , LLC dba Shottenkirk Desert Lexus (erroneously sued as Shottenkirk California LLC dba Shottenkirk Desert Lexus, Shattenkirk Desert Lexus) ("Defendant"). During Plaintiff's employment with Defendant, he executed a Binding Arbitration Agreement to arbitrate all employment disputes. Specifically, on April 29, ...

Excerpt: ...n Gonzalez. Counsel reached out to Defendant's counsel numerous times, via email and voicemail messages, to discuss the discovery responses. The attorneys exchanged letters. It appears, though, that the actual merits of the motion to compel were not discussed. Defendant's attorney focused exclusively on the various procedural issues and timing of the discovery and potential motion to compel itself. The statutory meet and confer requirement has te...

Excerpt: ...on and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actions taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains the following causes of action: (1) Discrimination based on age, gender...

Excerpt: .... JUDICIAL NOTICE Exhibits 1, 3, 5, 7, 9 (court filed documents): requests are granted to the 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 notce 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. C...

Excerpt: ...bject Vehicle") from Oremor of Riverside GM, LLC in Riverside, California ("GM" or "Defendant"). (See Complaint, 5, 32.) Plaintiffs do not claim to have spoken with any GM personnel before they decided to buy the Silverado. (See Page 5 of 10 generally, ld. at 32-34.) On October 17, 2022 Plaintiff sued GM alleging two "breach of warranty" claims under Song-Beverly and a single common law "Fraudulent Concealment" claim. On February 23, 2023, the Co...

Excerpt: ...tiffs prevailed on all wage and hour claims. The Judgment indicates that Plaintiffs are the prevailing parties entitled to fees and costs. Attorney fees may be awarded when authorized by statute. (Kirby v. Immoos Fire Protection (2012) 53 Cal.4th 1244, 1248.) Pursuant to Cal Lab. Code S 218.5(a), attorney's fees and costs may be awarded to the prevailing party in any action for the nonpayment of wages. Lab. Code S1194(a) permits an employee to re...

Excerpt: ...need only allege facts suffcient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally a plaintiff need only plead facts necessary "to acquaint a defendant with the nature, source and extent of his claims." (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the cour...

Excerpt: ...terpretation and enforcement of the agreement. Under 9 USCS S 1, a provision of the FAA, it states that "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Said provision has been read to provide a limited exemption to the FAA for contracts of employment for workers engaged in interstate commerce. Nieto v. Fresno Beverage Co., Inc...

Excerpt: ... objections within 30 days of service of notice (CCP S 2030.290). The Court has already found in a prior order that DHSO is deemed to have waived objections to this discovery. Here, it is undisputed that the initial responses were served beyond 30 days from the date on which the discovery requests were served, where no extension was granted, and no motion for relief from waiver has been filed by DHSO. (Code Civ. Proc., "2030.290(a); 2031.300(a))....

Excerpt: ... in one day. Defendant, Janet Pao, Plaintiff's teacher, witnessed the first incident, perpetrated by six classmates, that occurred in her classroom, but she did not rescue Plaintiff, report it to administrators, nor to Plaintiff's parents. The second incident, perpetrated by six classmates and two other students, occurred during lunch and was witnessed by Pena, classmates, and a school supervisor. Plaintiff's mother allegedly reached out to Pao, ...

Excerpt: ...ctions is denied due to the lack of meaningful meet and confer and because Plaintiff's counsel's failure to timely serve supplemental responses was substantially justified by the fact that he was denied access to the files by his former law firm. It appears that Defendant was aware of this situation, and Plaintiff's willingness to supplement, prior to filing the motions. Factual and procedural background: The following factual and legal analysis ...

Excerpt: ...S2300446 and Boss 12 429 Properties Inc. v. Dispense 360, LLC, Case Number: UDPS2300452 shall both be consolidated with this case for all purposes. The cases shall be transferred from Department PS4 to Department PS2. Plaintiff to provde notice pursuant to CCP 1019.5. Page 4 of 6 This is a partnership dispute involving a cannabis business. In 2017, Plaintiff Kevin Sperry ("Sperry") along with Defendants Paul Pavao ("Pavao") and John Kearney ("Kea...

Excerpt: ... S 1281.2.) A proceed-ng 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 petiton/motion 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. (CRC 3.1330; see also Condee v. Longwood Mgmt. Corp. (2001) 8...

Excerpt: ... privilege log. GM has not provided a definitive response stating that it is not withholding any documents. Instead, GM essentially states that it is not withholding "relevant" documents. This statement incorporates objections on ground the RPDs are overly broad, lack relevance and/or are not reasonably calculated to lead to the discovery of admissible evidence. But, the Court specifically overruled GM's objections on these grounds. If GM is not ...

Excerpt: ...al property located in Cathedral City. Plaintiff also seeks a judicial declaration that the assignment is void and therefore a cloud on title. Plaintiff alleges that the Complaint seeks only to equitably remove a cloud on title. (Complaint, 3:25.) Although not explicitly alleged in the Complaint, Plaintiff is essentially challenging the foreclosing lender's standing to foreclose on the subject real property on the ground it never acquired the int...

Excerpt: ...ents"). On February 28, 2023, judgment was entered granting Petitioner's requested relief, releasing Petitioner's property from the mechanic's lien and awarding Petitioner $453.70 in costs was filed. On March 30, 2023, Petitioner filed a memorandum of costs seeking $685.18 in costs. Petitioner now seeks an award of attorney fees and costs under Civ. Code S 8488 as the prevailing party and requests $10,055.50 in attorney fees. The moton is support...

Excerpt: ...fendant that rise to the level of abuse or neglect contemplated by the elder abuse statute. The gist of the allegations are the development of pressure ulcers (without any facts to support that they developed out of neglect), that the wounds were being treated (any failure would amount to not providing enough care, not a complete lack of care) and that Plaintiff was discharged (any additional claimed injury would not be as a result of care by Def...

Excerpt: ...e any transmission issues until November 2021. (First Amended Complaint, 52.) The vehicle again displayed transmission issues in January 2022. (ld. at '1 53.) Plaintiffs allege that they did not know until this lawsuit was filed that their vehicle could not be repaired. (ld. at '1 56.) using November 2021 as the date that Plaintiffs discovered the defect to start to the statute of limitations does not bar this matter. Based on the allegations ass...

Excerpt: ...efendant's Demurrer to the Complaint is sustained with leave to amend within 20 days. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP, S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assum...

Excerpt: ...s attached to, the declaration of plaintiff's counsel, Ken Carlson based on lack of foundation, lack of personal knowledge and hearsay. There is sufficient foundation for the statements, and the testimony and documents are not being submitted to prove the truth of the matters asserted, but their effect on the declarant. CCP S 474 allows a plaintiff who is ignorant of a defendant's identity to designate the defendant in a complaint by a fictitious...

Excerpt: ...ery recent decision — Ochoa, supra, 89 Cal.App.5th 1324, 305 Cal.Rptr.3d 611 — the Court of Appeal for the Second District declined to 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 langua...

Excerpt: ...obligated under the settlement agreement. Plaintiff has not added any new allegations to the FAC to cure the defects addressed in the Court's ruling on the last demurrer. The FAC alleges that, on or about October 8, 2019, Plaintiff and Defendant Elmashat entered into a settlement agreement in the separate lawsuit, Ayoub v. Candee (MCC1701291). The terms of the settlement were memorialized in a Stipulation and Order, which was entered in that acti...

Excerpt: ...e C. Yun, M.D., who is a board-certified physician in anesthesiology. (Yun Decl., Para.l) Dr. Yun opines that Dr.Le, at all times relevant in this case, met the requisite standard of care in the treatment of Plaintiff at Corona Regional Medical Center ("CRMC") and did not cause Plaintiff's injury. (Yun Decl., Para. 6.) Defendant Le has met his initial burden of proof on summary judgment by presenting expert evidence that his care and treatment me...

Excerpt: ...ntiff filed the complaint, alleging violation of Song-Beverly Act, violation of Magnuson Moss Warranty Act and breach of the implied warranty of merchantability. On 10/25/22, the Court granted Defendant's motion for summary judgment based on the statute of limitations, and judgment was subsequently entered on 1/17/23\. Defendant filed a memorandum of costs seeking $3,170.03. Plaintiff now moves to tax costs in the total amount of $1,914.93, chall...

Excerpt: ...ssion of the vehicle, and during the warranty period, Plaintiff discovered it contained defects to the engine, battery system, fuel gauge system, electrical system, air conditioning system, and other potential defects. Plaintiff alleges she provided Defendant, General Motors, LLC (GM) and its representatives with sufficient opportunity to repair the vehicle, but they were unable to do so within a reasonable number of attempts. She alleges the def...

Excerpt: ...ecision of an administrative body. The Court orders the parties to appear to discuss how the cross-petition should proceed. Factual / Procedural Context: Real Party in Interest/cross- Petitioner Brenda Chavez ("Chavez") was employed by petitioner/Cross-Respondent Riverside Unified School District ("District") in 2005. At all relevant times, Chavez was permanent certified employee working as an Early Childhood Special Education Preschool Teacher a...

Excerpt: ...leading proposed to be filed therein. (CCP S 473(b) A motion for discretionary relief must be filed "within a reasonable time, in no case exceeding six months" from the entry of default. (CCP S 473(b).) Because this tme limitation is jurisdictional, a court has no power to grant relief under section 473 after six months, no matter how reasonable the excuse for the delay. (Austin v. Los Angeles Unified School District (2016) 244 Cal. App. 4th 918,...

Excerpt: ...ee. The appointed referee shall resolve all discovery issues without Court intervention. Judicial reference proceedings are to be conducted within 18-months of this order — December 23, 2023. No extension of completion date without further order by this Court. Trial Setting Conference and OSC of 5/27/23 are vacated. Status hearings will continue in 6-month increments. With the next one scheduled for December 7, 2023, 8:30 a.m. in Department PS2...

Excerpt: ... ("FCA") provided express and implied warranties. (Compl. 15) Plaintiffs allege that FCA was unable to conform the vehicle to warranty and refused to provide any relief under the Song-Beverly Act as required. (Compl. 19.) On August 16, 2021, Plaintiffs filed a Complaint against Defendants FCA and Moss Bros. CJD, Inc., alleging (1) breach of express warranty—violation of Song-Beverly Act, (2) breach of implied warranty—violation of Song-Beverl...

Excerpt: ...ating whether he/she is aware of any other class or representative actions involving Defendants and that an inquiry was made as to this issue. 3. Counsel for Defendants did not file a declaration regarding any relationship with the cy pres. 4. Defendants did not provide a declaration concerning the age and educational background of the Class Members. 5. The Notice Packet is not attached to the Proposed Order. 6. Class Counsel's declaration does n...

Excerpt: ... to allege that the remedial provision of the Song-Beverly Act applies to Plaintiff's vehicle. The Complaint hardly alleges any facts and merely states that Plaintiff entered into a warranty contract with Ford; it neither alleges whether the vehicle was purchased new nor that the subject vehicle was sold with a manufacturer's new car warranty. Although the Complaint does not specify that the vehicle was purchased as a used vehicle, it nevertheles...

Excerpt: ...oming final. . Defendant WATCHTOWER to provide notce pursuant to CCP 1019.5. In the operative complaint, Plaintiff AS alleges that she is a victim of childhood sexual assault by Jose Murillo, her stepfather who had an administrative position known as Elder, Overseers and Ministerial Servants with Defendants Watchtower Bible and Tract Soc:iety of New York, Inc. and West Palm Springs Congregation of Jehovah's Witnesses, Inc. Plaintiff reported the ...

Excerpt: ...d's motion for judgment on the pleadings. Factual / Procedural Context: On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the warranty period — includin...

Excerpt: ...to flames. Plaintiff alleges the phone was manufactured by defendant Samsung Electronics America, Inc. ("Samsung") and purchased for Royal Cabinets by and through defendant Wireless Watchdogs, LLC ("Wireless Watchdogs" or "Defendant"). On 1/17/23, Plaintiff filed the complaint alleging 1) strict product liability and 2) negligent products liability. Defendant filed the answer on 5/1/23, asserting a general denial and 29 affirmative defenses. On 5...

Excerpt: ...ligence on the grounds that Defendant met the standard of care, summary adjudication of the second cause of action for res ipsa loquitur because it didn't have exclusive control of the retained foreign object. II. EVIDENCE SUPPORTING MOTION Defendant submitted the Request for Judicial Notice and the declarations of Susan Heider, John Deacon, M.D., and exhibits. Request for Judicial Notice: Defendant requests that the court take judicial notice of...

Excerpt: ...eeding 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; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218�...

Excerpt: ...that Defendant was unable to fixed these defects and nonconformities after several attempts and has failed to replace the Vehicle. (Compl., "15-12.) The operative Complaint asserts causes of action for: (1) Breach of Implied Warranty under the Song-Beverly Act, (2) Breach of Express Warranty under the Song-Beverly Act, (3) Breach of Express Warranty under the Magnuson-Moss Warranty Act, and (4) Breach of Implied Warranty under the Magnuson-Moss W...

Excerpt: ...ff Banning Heights Mutual Water Company alleges defendant James F. Lefebvre engaged in gross misconduct while serving as its general counsel from to 2CG. On February 26, 2010, Plaintiff filed the original complaint against Defendant for legal malpractice, breach of fiduciary duty and breach of contract and filed a prcff of service by mail. Plaintiff filed a requestfor default and submitted a default package to the Court. The Court denied the defa...

Excerpt: ... is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others," while oppression is defined as "despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights." (Civ. Code S 3294(c)(1)-(2).)1 Despicable conduct is conduct that is base, vile or contemptible. (Col...

Excerpt: ... (2) breach of implied warranty; (3) Civil Code 51793.2; and (4) fraudulent inducement/concealment. Defendant demurs to the 4th cause of achon on the grounds it fails to state sufficient facts. Defendant argues that the statute of limitations bars the claim, is not pled with specificity, and no facts are alleged to support a duty to disclose. Defendant also moves to strike punitive damages contending that they are not available under Song-Beverly...

Excerpt: ...r relief as the Court deems just and proper" may be construed as a request for punitive damages. Legal authorities and analysis: The court may, upon a motion made pursuant to CCP S 435, strike irrelevant, false, or improper matters asserted in a complaint. CCP S 436(a). Additionally, may strike any part of a pleading that does not conform with state laws, rules of court, or court orders. ld. at (b). Motons to strike can be used to attack the entr...

Excerpt: .... Plaintiff alleges that Defendants are the owners of real property located at 11329 Meridian Way, Riverside, California 92505 (the "Property"). (Compl., '1 2.) In September 2005, Defendants, as husband and wife, and third- party Geneva Mumford ("Mumford") purchased the Property as joint tenants via grant deed recorded on September 23, 2W5, document # 2005-0787503, in Riverside county. (9 6; Exh. 1.) on August 19, 2014, Defendants recorded anothe...

Excerpt: ...fendant is entitled to Plaintiffs mental health records for the last 5 years. However, Defendant is not entitled to Plaintiff's physical health records from SAC to see if she suffered an injury that might result in emotional distress. Defendant has not shown why any preexisting emotional distress would not appear in Plaintiff's mental health records. Nor has Defendant performed less intrusive forms of discovery to determine whether Plaintiff suff...

Excerpt: ...pu
Ÿng the language of the proposed order. The Tech-Bilt factors are, therefore, not relevant because this is not an issue of whether the se
©lement was made in good faith. Thus, the mo
Ÿon is denied as improper. Notwithstanding, the court can amend the language of the proposed order. Un
Ÿl an order is signed and entered, the court retains power to change its ruling or modify an order. (Bernstein v. Consolidated American Ins. Co. (1995) 37 Ca...

Excerpt: ...).) In a moton to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The burden to show cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Corp. v. Superior Court (21%2) 96 Cal.App.4th...

Excerpt: ...Riverside Nissan. (Complaint, 6.) 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, which Defendants were unable to repair. (Complaint 11-12, 26, 32 and 42.) The Complaint sets forth causes of action for: (1) Violation of Song-Beverly Act, Section 1793.2 (D) Violation of Song-Beverly Act,...

Excerpt: ...arties agreed to grant and convey to each other certain mutual and reciprocal easements appurtenant to their respective parcels for ingress and easement. ("Original Agreement"). (Complaint, '1 13, Ex. A.) In 2001, the parties amended the Original Agreement ("First Amendment")(togetherwith Original Agreement hereinafter "Easement Agreement"). (Complaint, 14, 17.) Pursuant to the First Amendment, the Deleos granted an access easement on their prope...

Excerpt: ...2023.030(d), 2030.3W(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).) Contrary to Defendant's argument, there is no requirement to meet and confer before filing a mo...

Excerpt: ...e process, 5) failure to prevent discrimination and retaliation, and 6) declaratory relief. A jury trial was held and the jury found for Plaintiff and awarded damages. Furthermore, the judgment reflects that Plaintiff is entitled to reasonable attorneys' fees and costs, including expert witness fees, upon a noticed motion for attorneys' fees a based upon a Memorandum of Costs. On May 15, 2023, Plaintiff filed their motion for attorneys' fees and ...