Excerpt: ...s employment with defendant David Sanchez dba Apple Markets, Inc. Defendants admitted liability for causing the collection, but disputed the nature and extent of Plaintiff's injuries. The matter proceeded to jury trial on the issue of damages from September 30, 2022 to October 20, 2022. The jury returned a verdict in favor of Plaintiff and against Defendants in the total amount of $5,372,949.39. Judgment was entered on November 21, 2022. Plaintif...

Excerpt: ...gan marketing similar products to Plaintiff's customers using confidential information in violation of their employment contracts. Plaintiff alleges that Defendants stole customer data and diverted sales from Impact to Activate Page 4 of 8 and used Plaintiff's intellectual property in the design of the Activate website to make it look like Impact's website. Plaintiff also asserts that Defendants stole technical and manufacturing plans. Plaintiff ...

Excerpt: ...medi and Joe Russo, defendants in the instant action, against Plaintiff Maria Marquez. Motamedi owns the commercial property located at 42030 Main Street, Unit A, Temecula. Russo assisted Motamedi as an informal property manager for Unit A. The UD Case arose out of Marquez's alleged illegal sub-tenancy with sub-lessor Shana Ackerman. In the UD Case, it was alleged that a Notice to Terminate Tenancy had been served and Marquez had failed to vacate...

Excerpt: ...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 action for professional negligence. Defendants, County and Dr. Nguyen (alleged to be a County employee), bring this demurrer to the Complaint for failure to state facts sufficient to cons...

Excerpt: ...thstand 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, 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 pla...

Excerpt: ...d 6th causes of action; sustained with leave to amend as to the 1st, 4th, 7th, 8th and 10th causes of action and sustained without leave to amend as to the 9th, 11th and 13th causes of action. (The previous demurrer was overruled as to the 2nd, 5th and 12th causes of action.) The Demurrers of Defendants Schneider and Nimmo is overruled as to the 3rd cause of action; sustained with leave to amend as to the 4th, 6th, 7th, 8th and 9th causes of acti...

Excerpt: ...llowing an incident on 8/7/19, in which a bus driver employed by the District left a special education student unattended on a school bus. Plaintiff reported the incident to her direct supervisor, defendant Paula Ford (“Ford”) to inform her that she would be reporting the incident to the California Highway Patrol, as required by state law. Ford told plaintiff not to report the incident until she had sought advice from the District's lawyer. F...

Excerpt: ...nd City of Ranch Mirage Housing Authority (together, the “City”). Petitioner seeks a writ of mandate requiring the City to conform their actions to a settlement agreement reached in earlier litigation regarding housing discrimination. In addition, the petition/complaint sets forth causes of action for breach of contract and declaratory relief. On November 7, 2022, the court granted Plaintiff's motions to compel the City to provide responses w...

Excerpt: ...lier. Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. 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. Sup. Ct. (2005) 135 Cal.App.4th 206, 212–13. The party seeking reconsideration “shall state by affidavit what applica...

Excerpt: ... of a 2021 Hyundai Santa Fe (the “Vehicle”), sets forth causes of action for violations of the Song- Beverly Consumer Warranty Act. Defendant now moves to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract (“RISC”). Defendant argues that although it is not a signatory to the RISC, it may invoke the RISC's arbitration provision under the doctrine of equitable estoppel because the claims against Defendant a...

Excerpt: ...ation of Eric Tsai in Support (“Tsai Decl.”), Exhibit A.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities and developed other defects and nonconformities to warranty – including defects in the electrical system, engine and suspension – which Defendant was unable to repair. (Complaint, ¶¶ 10, 18, 23-24, 49-50.) The Complaint sets forth four causes of action: (1) Violation of Song-Beverly Act – ...

Excerpt: ...rmination, failed to provide accurate wage statements, failed to maintain accurate payroll records, and failed to reimburse business expenses. Plaintiff filed the Complaint on July 14, 2022 alleging a single cause of action under the Private Attorneys General Act, Labor Code § 3698 et. se. (PAGA). Defendant now moves to compel Plaintiff to arbitration of her individual claims and stay (or alternatively dismiss) the representative claims pending ...

Excerpt: ...cl. ¶ 4.) The vehicle was presented to FCA's authorized dealerships on numerous occasions but they were unable to repair the vehicle within a reasonable number of attempts. (Compl. ¶¶ 14–15.) Plaintiff alleges that FCA knew that the vehicle suffered from the prevalent defects, but nevertheless failed to repurchase the vehicle in violation of the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”). (Id. at ¶ 33.) On 2/22/2022, Plaint...

Excerpt: ...d Titus v. Columbia Riverside, Inc., et al.; CVRI 2200690.) Plaintiff argues that there is no basis to stay or abate the present action; that it should proceed until one of the other actions is resolved. A special demurrer under California Code of Civil Procedure section 430.10(c) lies where “there is another action pending between the same parties on the same cause of action.” Where a demurrer is sustained on the ground of another action pen...

Excerpt: ... and requiring a $5 million bond. The Association argues that, after the December 16, 2022 hearing, it diligently tried to obtain a bond, but was unable to do so since “no bond underwriter would issue such a large bond to the Association because it lacks sufficient assets to collateralize such a bond, due to its ‘non-profit' status and current financial condition.” (Pl.'s Mot. 1:9–14.) But the Association's status as a nonprofit organizat...

Excerpt: ...) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (CCP § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue...

Excerpt: ...ng her vehicle southbound on Knabe Road, north of While Sage Street. Her sister, Safa Azmi Hweidi (“Safa”), was a passenger in the vehicle. It was raining heavily that day and an unsafe amount of water had built up on the roadway. Decedent lost control of her vehicle and collided with a boulder and tree. Decedent was fatally injured and Safa suffered severe injuries. Raedah N. Saheh (Raedah) and Azmi Abdel Hafeeth Ali (Ali) are Decedent's suc...

Excerpt: ...ext: On 6/30/20, Plaintiff Walker Schweizer, a minor by and through his guardian ad litem Jennifer Day (previously Kevin Schweizer [“Kevin”]), filed a complaint for motor vehicle. Plaintiff alleges on 12/27/18 at the intersection of Longhorn Drive and Silver Saddle Court in Canyon Lake, Defendant Jean Connie Lunney caused an accident. On 12/2/20, Plaintiff filed a First Amended Complaint (FAC) that added Charter Communications, Inc. (“Chart...

Excerpt: ...t. Furthermore, because the policies and procedures involve confidential information and trade secrets, the parties are ordered to meet and confer regarding a protective order. Denied as no further responses are required for RFP Nos. 16, 20, 32, 37, 38, 39, 40, 41, 42, 43, 45 and 46. Factual and procedural background: On 6/9/19, Plaintiffs, purchased a 2018 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured and/or distribute...

Excerpt: ...round: Plaintiff alleges that Defendant Laticia K. Brown's vehicle (“Laticia”) rear-ended Plaintiff Karen Stewart's (“Plaintiff”) vehicle. On 11/22/2021, Plaintiff filed a Complaint for Damages against Defendants Laticia, Korey Brown, Cheryl Lynn Rocio, and Ean Holdings, LLC. At the time of the collision, Laticia's vehicle was insured through State Farm and also through Aspire General. On 4/25/2022, Plaintiff served upon Laticia her first...

Excerpt: ... one, via mail. Plaintiff failed to provide any responses. They request sanctions of $783 against Plaintiff. Plaintiff's counsel mis-calendared the response date. He complains about the lack of meet and confer. He contends that the court should allow Plaintiff to serve responses, upon receiving new counsel, pursuant to CCP §473. Defendants contend that there is no meet and confer requirement, that there is no basis for relief and still have not ...

Excerpt: ... to a memorandum of costs are not jurisdictional [citation], and the premature filing of a memorandum of costs is treated as ‘a mere irregularity at best' that does not constitute reversible error absent a showing of prejudice. [Citations.] Rather, courts treat prematurely filed cost bills as being timely filed.” (Haley v. Casa Del Rey Homeowners Assn. (2007) 153 Cal.App.4th 863, 880.) Here, there is no showing of how the petitioner was preju...

Excerpt: ...urt, upon motion reasonably made by the party, the witness, any consumer, or employee whose personal records are sought, “or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court m...

Excerpt: ...reclosed on the property and Defendant Home Expo Page 6 of 6 Financial, Inc. obtained the property. Plaintiff filed this action on 12/15/22 and filed the First Amended Complaint (FAC) as a matter of right on 1/4/23. The FAC asserts: (1) fraud; (2) breach of fiduciary duty; and (3) quiet title. In a separate proceeding (UDCO 2201631), Home Expo filed an unlawful detainer action against Jauregui on 11/7/22. On the day of trial, the parties entered ...

Excerpt: ...nterprises Inc. (“Plaintiff” or “BQ”) filed the complaint in this action on March 17, 2021 and the operative second amended complaint (“SAC”) on January 24, 2022 against defendants Mirage Home Health LLC (“Mirage”) and Jason Mabbayad (“Mabbayad”) (together, “Defendants”). The action arises out of an alleged contract by which Mirage agreed to purchase Plaintiff's interest in BQ, dba Home Health Angels. The SAC sets forth fo...