Excerpt: ... of the Song Page 2 of 6 Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiffs allege that on February 25, 2018, they purchased a 2018 Honda Accord (the “vehicle”), and entered into a bumper to bumper warranty agreement on the vehicle with Defendant. (Complaint at ¶¶ 7, 15.) Defects and nonconformities manifested that impaired the use, value, and safety of the vehicle. (Complaint at ¶ 16.) Plaintiffs fir...

Excerpt: ...e was wrongfully terminated for r aising workplace safety complaints and reporting safety issues to government authorities. On 10/4/23, Plaintiff filed his Complaint alleging the following causes of action: (1) Whistleblower Retaliation in Violation of § 1102.5; (2) Whistleblower Retaliat ion in Violation of § 6310; (3) Whistleblower Retaliation in Violation of § 6311; (4) Wrongful Termination in Violation of Public Policy; (5) Failure to Pro...

Excerpt: ...in 5 court days. Overall Factual/Procedural Context On February 26, 2007, Plaintiffs Martha Clohecy and Darcy L. Clohecy (“Plaintiffs”) filed a Complaint against multiple Defendants, including Marlene Z. Robertson (“Robertson”), alleging (1) Dependent Adult Abuse, (2) Negligence (Custodial Care), (3) Fraud (Misrepresentation and Concealment), and (4) Violation of Patients' Rights (Health & Safety Code § 1430). On March 13, 2009, the Cou...

Excerpt: ... Amended Compla int, which is entitled “fraudulent inducement -concealment,” alleged as against Ford, and the sixth cause of action for negligent repair alleged as against Fiesta Ford. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, ...

Excerpt: ...alleges, among other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the d...

Excerpt: ...nal appearan ce next week, regardless whether either side requests oral argument on the motion, the Court shall order the parties to appear to address the TSC. Factual / Procedural Context: This is a personal injury action arising out of a motor vehicle accident that o ccurred on January 13, 2022. Jonathon Lee Byrd (“Plaintiff”) alleges that he was a passenger in a vehicle driven by defendant Mark Hansen (“Defendant”). While driving eastb...

Excerpt: ...ning of September 15, 2018. Tyler was taken to the hospital where he died the next day. Plaintiffs Myesha Kimble and William Hilliard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured variou s forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its emplo...

Excerpt: ...igin/religious hara ssment; (2) discrimination based on religion/national origin; (3) retaliation in violation of Gov. Code § 12940; and (4) retaliation in violation of Labor Code § 1102.5, arising out of his employment with the Riverside County Sheriff's Office. Page 3 of 5 On December 19, 2023, Defendants served their first sets of discovery on Plaintiff, including general form interrogatories (“FROGs”), employment law form interrogatori...

Excerpt: ... complaint fo r: (1) breach of contract; (2) open book account; (3) account stated; (4) restitution; and (5) goods and services rendered. Defendants move for judgment on the pleadings contending that the contract attached to the complaint says that there is an additiona l form, yet no form is attached. Therefore, there is no complete copy of the contract. In opposition, Plaintiff contends that there is no issue with the terms of the contract alle...

Excerpt: ...ee of the T rust. Therefore, Defendant, as successor trustee is not liable for Vander Molen's misconduct. On the Court's own motion, the Case Management Conference currently set for 5/7/24 is continued to 7/24/24 at 8:30 a.m., Department 5. Factual and procedural ba ckground: Plaintiff Michelle Stindtman as Personal Representative of the Estate of John Luther Martin (“Plaintiff”) alleges that John Luther Martin (“Martin”) was the sole sha...

Excerpt: ...legations we re discovered; and (4) The reasons why the request for amendment was not made earlier. Here, the supporting Picozzi Decl. states the effect of the amendment (without using those words) in ¶1. Mr. Picozzi declares that the amendment is necessary and prop er to allow Plaintiff to present all remedies available for damages alleged in the original complaint arising from Defendant's wrongful acts related to the subject matter of this act...

Excerpt: ...�fth cause of action for fraudulent inducement – concealment, and a sixth cause of action against Defendant Gosch Ford (“Gosch”) for negligent repair. The Complaint alleges that on 1/17/23, Plaintiff purchased a 2023 Ford F- 150 (“Subject Vehicle” or the “Vehicle”). (Compl. ¶ 9.) It further alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but no...

Excerpt: ...�led the underlying action against his real estate agent, Rodriguez and Vanguard Real Estate, and his broker, Herrera who now operates business under Good Life Realtor, for the agent's conduct of secretly refraining from letting the sellers know that another offer was made in addition to the offer made by Bernal. Bernal alleges the agent's conduct was motivated by financial gain as he stood to make more money if sellers accepted Bernal's offer a...

Excerpt: ...emurrer to the 3rd cause of action for fraud is sustained as to CrossDefendant Sarnowski, only, with leave to amend within 20 days. As to the remainder of the demurrer to the fraud cause of action, it is overruled. Responsive Pleadings must be filed 30 days from this or der. Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include variou...

Excerpt: ...ble within 30 d ays. Where a response to a request for documents has been made, which is unsatisfactory, the demanding party may move to compel further responses on following grounds: (1) “A statement of compliance with the demand is incomplete”; (2) “A representation of inability to comply is inadequate, incomplete, or evasive”; or (3) “An objection in response is without merit or too general.” (C.C.P. §2031.310(a).) The moving part...

Excerpt: ...tiffs' cause of action cannot be established. Once the burden shifted to Plaintiffs to produce admissible evidence showing a triable issue of material fact exists, they have met their burden by producing evidence to raise a triable issue of fact, to wit; with respec t to the failure to repair element, Plaintiff has presented evidence raising a triable issue as to whether the vehicle had a nonconformity involving the vibration of the vehicle and t...

Excerpt: ...ator from January 27, 2019 to the present, and was subjected to numerous Labor Code violations. On May 18, 2023, Plaintiff filed this action for individual wage and hour claims and asserted a Private Attorney General Act (“PAGA”) claim. On February 8, 2024, Plaintiff file d his operative First Amended Complaint (“FAC”) alleging class allegations and asserting the following causes of action: 1) Failure to Pay Wages; 2) Failure to Provide...

Excerpt: ...or various acts of fi nancial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from an incident wh...

Excerpt: ...vehicle, w hich was manufactured and/or distributed by Defendant. (Compl. ¶ 6.) The subject vehicle came with various warranties, including but not limited to the bumper -to - bumper warranty, powertrain warranty, emission warranty, etc. (Id.) During the warranty perio d, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to engine defects, transmission defects, electrical defect...

Excerpt: ...ames Hodges for vario us acts of financial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from a...

Excerpt: ...nths (3 years) o r 36,000 miles; Drivetrain/Powertrain Warranty for the earlier of 72 months (6 years) or 60,000 miles; and Emissions Warranty for the earlier of 7 years or 70,000 miles. (Id. at ¶ 7.) During the applicable express warranty period, the subject vehicle dev eloped defects and nonconformities to warranty. (Id. at ¶ 16.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conf...

Excerpt: ...ant City o f Riverside (the “City” or “Defendant”), alleging (1) premises liability (common law negligence) and (2) general negligence (against a public entity under Gov. Code § 835). On 9/13/2023, Plaintiff's counsel received a meet and confer letter from the Cit y, requesting clarification on Plaintiff's first cause of action based on common law and emphasizing that government tort liability is dependent on statute. (Id. at ¶ 6.) Wi...

Excerpt: ...th defendant J.B. Hun t Transport, Inc. (“Defendant”). On August 4, 2022, Plaintiff filed the Complaint alleging negligence, negligent entrustment and negligent hiring/supervision/retention. On February 14, 2023, Defendant served its first set of written discovery requests on Plaintiff, including form interrogatories, 29 special interrogatories, and 34 requests for production of documents, to which Plaintiff timely responded. Plaintiff cont...

Excerpt: ...ries, inst ead of Eastern Municipal Water District Facilities Corporation who was erroneously sued. Plaintiff alleges, on June 06, 2022, he was injured when he drove his vehicle over an exposed utility hole which was a dangerous condition on the roadway. On or about August 22, 2022, Plaintiff filed a government claim against Eastern Municipal Water District for his injuries. (Declaration of Ramin T. Montakab [“Montakab Decl.”], Ex. 1 [Claim ...

Excerpt: ...rking on the roof o f a commercial building located at 3777 Mission Avenue, Riverside, California (the “Property”). The roof of the Property was covered with waterproof paper and there were no signs or anything else indicating it was a hazard zone. (Complaint at ¶¶ GN -1, Prem .L.1.) Defendants negligently owned, maintained, and operated the Property, and willfully and/or maliciously failed to warn of the dangerous condition. (Complaint at ...