Excerpt: ... respect to Auto Club, Plaintiff alleges that it acted negligently, carelessly, and recklessly in its handling of her application and/or cancellation of automobile insurance coverage that specifically took her out of coverage for the October 11, 2020 loss, and that as a result, she suffered economic harm and loss. (ld. at "14243.) Auto Club now demurs to the 4th COA for negligence on the grounds that (1) it fails to set forth sufficient facts to ...

Excerpt: ...y sought. "California has long made clear that to require a party to supply proof of any claims or defenses as a condition of discovery in support of those claims or defenses is to place the cart before the horse." Williams, supra, 3 Cal.5th at 551. "That the eventual proper scope of a putative representative achon is as yet uncertain is no obstacle to discovery; a party may proceed with interrogatories and other discovery methods precisely in or...

Excerpt: ... Contract that Plaintiff signed to effectuate the purchase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. It further agues that it is a third-party beneficiary of the RISC and t...

Excerpt: ...9, Plaintiff purchased a new 2019 Nissan Rogue (the "Vehicle"), which was backed by an express warranty, from non- party Riverside Nissan. (Complaint, 8-11, 61, 71-72; Declaration of Edgar J. Salinas in Support ("Salinas Decl."), '1 3, Exhibit B.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which N...

Excerpt: ...intiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, 9, 18, 23-24.) Plaintiff filed her Complaint on 4/7/22, against defendant Nissan North America, Inc. ("NNA"). The Complaint sets forth three causes of action: (1) Violation of the Song Beverly...

Excerpt: ...l.) The agreements expressly apply the FAA. The plaintiffs do not fall within the scope of the worker" exception to the FAA. The exemption in section 1 of the FAA is limited to classes of workers who "play a direct and 'necessary role in the free flow of across borders." (Southwest Airlines Co. v. Saxon (2022) 142 s.ct. 1783, 1790, quoting Circuit City stores, Inc. v. Adams 532 U.S. 105, 121.) Here, there is evidence only of the roles of only thr...

Excerpt: ...l modify paragraph 17 to ensure compliance with CRC 2.550 and 2.551. 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. , '1 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...

Excerpt: ...en filed on 1/11/23. There is a motion for Protective order in that matter as well set for 5/18/23. Defendant brings this motion for protective order requesting the court enter a protective order that permits the parties to identify documents as confidential and process by which to challenge the designation. Defendant contends good cause is shown as the information sought relates to proprietary business, trade secret, financial information and or...

Excerpt: ...to allege that the Court in the Judgment Lien Case had no jurisdiction to deem Plaintiff's Deeds of Trust forfeited. As an aggregate, Plaintiff contends the new paragraphs set forth facts and law seeking to void the fincrng that Sid's security interest was waived. Plaintiff contends new facts were discovered. Plaintiff asserts he was first told that the court in Los Angeles had found his Deeds of Trust to be forfeited in late June 2021, approxima...

Excerpt: ...P 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's ("Kilimanjaro") allege that Bry and Defendant Cosek entered into a joint venture agreement, Kilimanjaro, which was formed to take title to real property at 38831 Kilimanjaro Drive, Palm Desert. Bry was the sole managing member while Cosek was a member. Cosek filed a fraudulent Statement of Information with the California Secretary of Sta...

Excerpt: ...nesses were operated during the marriage and the community and separate interests in the businesses are to determined by the Family Law Court. Plaintiffs allege Defendant was employed by them in an administrative capacity, that she was issued corporate credit cards and made over in personal, unauthorized charges. On 1/3/23) Breach of Fiduciary Duty. Defendant now demurs to the complaint on the ground this matter stems from the dissolution action ...

Excerpt: ...ght of a pending appeal. Petitioners alternatively seek an order issuing a discretionary stay pending their appeal of the August 31, 2022 order. The motion was initially filed as an ex parte application on March 28, 2023, but the Court denied ex parte relief due to Petitioners' failure to make out a sufficient showing of exigency. (See Cal. Rules of Court, rule 3.1202.) Subsequently, on April 04, 2023, Petitioners filed an ex parte application to...

Excerpt: ...Think Eventos, LLC dba Toro Wapo Arena Event, Center (collectively "Plaintiffs") lease property within an area commonly known as the Lake Perris Fairgrounds. The California Department of Water Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the P...

Excerpt: ...and the original Trustee of the Trust. (FAC, 8-9). Love had a long history of alcohol abuse, and his alcoholism worsened over the years. (FAC, 16, 18-21.) His alcoholism contributed to his divorces and health problems. (FAC, 16, 20, 23, 31-33.) In the summer or fall of 2015, Love met Cynthia Elaine Rose ("Rose"). (FAC, 10, 22.) Defendant is Rose's adult son. (FAC, '1 26.) Love and Rose began cohabitating in or around 2015 at property (the "Proper...

Excerpt: ... alleges she suffered from pressure sores, dehydration, malnourishment, and acute kidney disease, and that she was not cared for appropriately. She alleges four causes of action, only two of which are at issue here, i.e„ the second and fourth causes of action. As the parties have stipulated that the fourth cause of action should be sustained without leave to amend, the Court will only address the second cause of action. To withstand a demurrer ...

Excerpt: ...ience in '148. The CMO seeks the experience of the declarant estimating the value of the various claims, not simply the experience of the law firm asa whole. (S F.12.b.) b. Is internally inconsistent: i. Is Haque's hourly rate $925 ('1 51) or $825 ('166)? ii. Is Campbell's hourly rate $725 (q 57) or $700 (q 56)? iii. Is the total time spent 119.93 hours as stated in the text of 65, or 251.6 hours as stated in the chart in '1 66? c. Does not indic...

Excerpt: ...ng a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application with supporting declarations (CRC 3.1332(b)). Continuances of trials are disfavored. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance (CRC 3.1332(c)). A stipulation that good cause exists does not ...

Excerpt: ...emises are a skilled nursing care facility and a residential care facility (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA" or "Defendant") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. CCV also alleges that the lessees failed to obtain the requ...

Excerpt: ...two causes of action for Cancellation of Deed and Quiet title. The underlying facts are generally undisputed. Defendant Lea J. Jones is Plaintiff's granddaughter. (Verified First Amended Complaint ["FAC"], 2.) In November 2010, Plaintiff and her late husband, Gary Leroy Bock, signed a Grant Deed by which they conveyed title to the Subject Property to themselves as husband and wife, and Lea Jacqueline Williard, a married woman as her sole and sepa...

Excerpt: ...events and served alcohol at the premises despite not having a certificate of occupancy' or an alcohol license. The Landlord received a Notice of Violation from the City of Temecula related to these activities. Lieberg went to the premises to post the Three-Day Notce and heard activity going on inside the building. He unlocked the door and saw three women decorating and setting up alcohol bars. Plaintiff contends he merely asked if Cooke was ther...

Excerpt: ...Motor Vehicle Against Benjamin Guzman. On January 24, 2023, Defendant served Plaintiff with Requests for Admission, Set One, Requests for Production of Duuments, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set one. (Declaration of John Higginbotham, 93, Ex. 1-4.) Decl."] On February 19, 2023, Plaintiff's counsel's assistant emailed Mr. Higginbotham requesting a twoweek extension, which was granted. This extended the deadl...

Excerpt: ...cause for the discipline, but not for termination. (AR 867—869.) B. Writ Petiton On June 24, 2022, the County filed the instant Petition, asking the Court to set aside the Hearing Officer's decision and uphold Respondent's termination from his employment with the Department. According to the County, the Hearing Officer's decision was based, in part, upon the incorrect conclusion that Respondent was not a sworn peace officer (i.e„ Deputy Sheri...

Excerpt: ...his state, a court rule, or an order of the court. (CCP S 436.) On a motion to strike, as with a demurrer, "the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to strike is the proper vehicle to attack a punitive damage claim where the facts alleged do...

Excerpt: ...been received by the court. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure S473(b). A moton to set aside a default judgment under CCP S473(b) must be based on either: declarations or other evidence showing "mistake, inadvertence, surprise, or excusable neglect" (in which event, relief is discretionary). CCP S473(b) grants the trial court discretion to vacate a default judgment (and/or any othe...

Excerpt: ...ong other things. Defendant has subpoenaed records from various third-parties that purportedly relate to Plaintiff's damages claims. Plaintiff has moved to quash those subpoenas. At issue here is a subpoena to Dr. William Longfellow. Plaintiff claims that the subpoena is defective because it did not comply with Code of Civil Procedure section 1985.3's requirements pertaining to Notice of Consumer. Defendant has provided ample evidence demonstrati...