Excerpt: ...lief. Defendant filed an Answer on December 2, 2022. Defendant now moves for an order granting leave to file the attached Cross-complaint ("XC"). This motion is made pursuant to CCP SS 426.30(a) and 426.50 on the grounds that Defendant's motion to assert a related cause of action against Plaintiff should be granted because failure to assert the related cause of action was due to oversight, inadvertence, mistake and neglect, and Defendant acted in...

Excerpt: ...requested a two-week extension, but then on 7/11/22 served objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demandng code compliant verified further responses. (ld., 7.) After obta-ning another two-week extension, Plaintiff served verified responses on 8/9/22 and produced 13 pages of Bates labeled documents. (ld., '1 11-12, Exh. 3.) On 8/26/22, Tilt met and conferred as to the substantive responses and requested f...

Excerpt: ...3) Civil Code (4) breach of the implied warranty of merchantability; and (5) negligent repair. Defendants move to compel arbitration based on the arbitration clause in the RISC. They argue that the FAA applies and there is no valid defense to the clause. They assert that Felisilda applies with the equitable estoppel doctrine. They request a stay. Plaintiff opposes the motion on the grounds that there is no agreement between him and Defendants. Th...

Excerpt: ... hearsay. The Retail Installment Sales Contract ("RISC") is properly authenticated by counsel Fisher who states that the document was produced by Plaintiff. (Fisher Dec., '1 1, Ex. A.) The statement by Nguyen regarding his reviewing the RISC is not hearsay and is based on personal knowledge. Though the next portion of his statement (i.e., "the [RISCI ... shows Gladys Lopez purchased the Subject Vehicle used with 38, 746") is inadmissible under Ev...

Excerpt: ...ersonal knowledge, inadmissible speculation and conclusions, inadmissible hearsay, irrelevant and prejudicial, improper legal conclusion, improper expert testimony, improper lay opinion testimony and conclusory). However, the declaration is based on Wallace's personal knowledge as it explains the accident from his perspective. In his memorandum in opposition, Plaintiff seemingly challenges the declaration on the ground it is selfserving by arguin...

Excerpt: ...f as it may be — Empire waived any defect or irregularity in the filing and service of the opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Accordingly, the gives due consideration to Plaintiffs' untimely opposition. REQUEST FOR JUDICIAL NOTICE Empire's unopposed request that the court take judicial notce of the Register of Actions for Tye v. Bowen is denied. While the court may take judicial notice of the files and records of...

Excerpt: ...ecessity indicating that the additional interrogatories are warranted because: (1) the complexity or quantity of existing or potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; or (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, investigation or search of files or records to supply the inf...

Excerpt: ...int was filed December 22, 2021. On April 8, 2022, Defendants Temecula Valley Athletic Club, lnc, Lani Morel and Ed Morel filed a demurrer and motion to strike as to the Complaint. On May 16, 2022, Defendant Erik Sardpon filed his Answer to the Complaint. Then on May 23, 2022, Plaintiff, without leave of court, filed a First Amended Complaint rather than file an opposition to the demurrer and motion to strike. CCP 5472 provides as follows: (a) A ...

Excerpt: ...es of action within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed her initial Complaint in this action on November 1, 2022 against Defendant George Saelzler, as Trustee of the Kenneth Paul Schlick Jr. Living Trust ("Defendant"). On December 13, 2022, Plaintiff filed her First Amended Complaint ("FAC") against Defendant and Lisa Marie Schlick, alleging (1) ...

Excerpt: ...oot. 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. (Minre v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts whi...

Excerpt: ...rejudicial the delay is to opposing party because it becomes more difficult to replace counsel. The stage of litigation supports a finding of unreasonable delay. Defendants' answer identifying Marshall as counsel was filed on 3/11/22. This motion was filed on 3/15/23. Plaintiff was aware for cwer a year that Marshall would be representing Defendants before he raised this issue. This appears to be a lengthy delay. Also, relief provides a tactical ...

Excerpt: ... from date of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Enrique Cortes ("Enrique") leased a 2019 Lexus ES 350 ("vehicle"), distributed by Defendant Toyota Motor Sales, U.S.A., Inc. ("Toyota"). On October 31, 2022, Enrique was driving his vehicle southbound on Date Palm Drive towards Ramon Road when Defendant Rubi Leon was traveling northbound and crashed into him. Enrique alleges the front and side c...

Excerpt: ...q.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a particular description of the property and a statement of its v...

Excerpt: ...non- individual claims is stayed. Analysis: Since the moton is directed only to plaintiffs Brockington and Mikael Riley, declarations of other plaintiffs describing the duties of those other plaintiffs are irrelevant. The agreements have been sufficiently authenticated. The plaintiffs do not argue to the contrary. Page 3 of 4 The agreements expressly apply the FAA. The plaintiffs do not fall within the scope of the "transportation worker" excepti...

Excerpt: ...eges that the Bank (Plaintiff) and Tilly's (Defendant) entered into a Master Agreement as of 7/28/16. (FAC 5.) The Master Agreement allegedly governs the sale and assignment of boat purchase and sale contracts originated by Tilly's and provided to the Bank [for financing.] (Ibid.) The FAC alleges that on 8/7/17, Tilly's sold and assigned a boat sales contract in the name of Anthony Mai. (ld. '18.) The Bank now alleges that on 4/25/22, it first su...

Excerpt: ...rocedural Context: Plaintiff Florence Walker is a former inmate who was previously incarcerated at two different correctional institutons in the State of California, Central California Women's Facility (CCWF) located in Chowchilla and California Institution for Women (CIW) located in Corona. Plaintiff brings this achon against the State, the California Department of Corrections and Rehabilitation (CDCR), and various CDCR employees levying violati...

Excerpt: ...; as to No. 20 it is limited to California; as to No. 33, it is limited to technical service bulletins that apply to the defects at issue in this lawsuit; as to Nos. 38 through 41, it is limited to codes used in California; and as to Nos. 45 and 46, it is limited to vehicles in California and to those vehicles that experienced the same issues as Plaintiffs' vehicles. As to sanctions, they are denied. A party may bring a motion to compel further r...

Excerpt: ...ce Guide: Civil Procedure Before Trial I Law and Motion, S 9:102.5 citing Schoendorfv. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 240, fn. 2.) In any case, the statement falls within an exception to the hearsay rule for party admissions. (Evid. Code SS 1220-1227.) The Court should overrule the objection. B. DSlC's Standing Preliminarily, the Court should consider this motion before considering the motion to intervene because judgment has alre...

Excerpt: ... defects, Plaintiffs brought the vehicle in for repairs to Defendant General Motor, LLC's ("GM" or "Defendant") authorized dealership(s) who were unable to repair the defects, despite having cumulative possession of the vehicle for 55 or more days. These were days that the vehicle was unavailable to Plaintiffs and were days out of service. Yet Defendant refused to buy back the vehicle, so Plaintiffs seek an appropriate remedy under California law...

Excerpt: ...anty, from Defendant. (Complaint, "14, 7.) 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 Defendant was unable to repair. (See Complaint generally.) The Complaint sets forth causes of achon for: (1) Violation of Song-Beverly Act, Express Warranty; (2) Violation of Song-Beverly Ac...

Excerpt: ...ablishes the right to entry of judgment as a matter of law. (CCP S 437c(c).) The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (CCP S 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendant, as the moving party, has the burden to show either that one or more elements of the cause of action cannot be established or that there is a co...

Excerpt: ...s. (ld. at 26.) This is another theory of liability against Defendant. Plaintiff confirmed this in his opposition. (Plaintiff's Opposition, 13:12- 14.) Since Defendant has failed to address said allegations in its moving papers, it has failed to meet its initial burden as to the second cause of acton. Plaintiff has also provided sufficient evidence to establish a triable issue of material fact about whether the withholding of funds was proper. De...

Excerpt: .... Petitioner asserts that the HOA violated several provisions of the Governing Documents by failing to hold annual elections for its Board of Directors ("Board") from 2018 to 2022. Petitioner alleges that the Bylaws require that the Board consist of five directors with staggered terms, with three directors elected on odd-numbered years and two elected on even-numbered years. Petitioner alleges that the Board currently has only three Directors. Pe...

Excerpt: ...23, the plaintiff shall submit a revised proposed order, a further amendment to the settlement agreement, or both. Page 4 of 4 Analysis: On 3-20-23, the Court granted the plaintiff's request for judicial notice, approved the claim for costs in the sum of $32,253.55 as requested, and approved the administrator's fee of $183,000 as requested. All other issues were continued to 5-23-23. The Portion that Is Denied: The claim for a $10,000 enhancement...

Excerpt: ...he fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612-613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. (Lockley v. Law O...