Excerpt: ...eous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under the auto policy issued by National General Insurance Company (“National”). State Farm partially paid...

Excerpt: ...; Watts v. Crawford (1995) 10 Cal.4th 743, 749.) In order to obtain an order permitting service by publication, a plaintiff must submit the declaration of a competent witness to show: that reasonable attempts have been made to serve the defendants by some other authorized method; and (2) the existence of a cause of action or interest in property. (CCP § 415.50(a).) Reasonable diligence means a thorough, systematic investigation and inquiry condu...

Excerpt: ...ding Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th 1440, 1446. Considering the remainder of Juror 11's declaration and the declarations submitted by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in favor of the finding that the Defendant was not negligent. There has been no showing of misco...

Excerpt: ...bligation to meet and confer in accordance with CCP § 430.41(a) and filed an appropriate declaration in accordance with CCP § 430.41(a)(3). Analysis: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of ...

Excerpt: ...21, a fire destroyed their personal property, including a pickup truck, trailers, fences and miscellaneous items, located at their home on 2489 Madison Street in Riverside. Maria Gunther also alleges that the fire destroyed her 2005 Monaco Windsor RV, which was parked at the property. The Gunthers filed a claim under the homeowners insurance policy issued by State Farm Insurance Company (“State Farm”), and Maria Gunther filed a claim under th...

Excerpt: ...der the terms of the Master Agreement and addendum. (TAC, ¶ 106.) The reasonable value for the work, labor and services was $500,000. (TAC, ¶107.) Plaintiff claims that this sum has not been paid to PSG by Charter. (TAC, ¶108.) The TAC states that, instead of paying PSG, beginning on April 5, 2019, Charter made payments to Precision for services rendered by PSG after receiving communications from Ornelas indicating that PSG was no longer opera...

Excerpt: ...10, 000 (purchase option). If for any reason tenant declines to exercise the purchase option, the tenant shall have the option to renew the lease through and until 12/31/2020 on the same terms as stated in the lease agreement (renewal option). If tenant exercises the renewal option, tenant shall have the option on 12/31/20 to purchase the premises for a fair market value at that time. Fair market value shall be determined by a real estate profess...

Excerpt: ...dressing each of the following issues: 1. Moon states that there are 175 class members. (Moon decl., ¶ 17.) The fixed fee quoted by the administrator is based on 170 class members. (Lawrence decl., Exhibit B.) Is the administrator's fee changed if the number of class members is 175? 2. By including claims that could have been alleged “based on the . . . legal theories contained in the Action” (Agreement, ¶ 69; Order, p. 4; part 8 of the not...

Excerpt: ...ntiff. Thereafter, after Palumbo realized Plaintiff heard, he critiqued her and ultimately terminated her. She further alleges she was improperly classified as an independent contractor when she was an employee. Defendants CannAssist International Corp., Xceptor, LLC and Electronic Servitor Publication Network, Inc. are all related companies. The first amended complaint (FAC), which plaintiff filed on 3/24/22, pleads causes of action (COA) for: 1...

Excerpt: ... that there is a complete defense to that cause of action. (C.C.P. §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 of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing party may not rely ...

Excerpt: ... complaint as requested by Nissan North America. Plaintiffs' objection to the Retail Installment Sales Contract is overruled. On a motion to compel arbitration, the moving party is only required to allege the existence of the agreement and to attach a copy of it. Cal. R. of Ct. 3.1330, Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218-19. This shifts the burden to the opposing party to demonstrate the falsity of the purported agreemen...

Excerpt: ...ntiff alleges that Defendants knew or should have known that their premises was in a dangerous, defective, and unsafe condition, which was a menace to Plaintiff and others on the premises. Plaintiff filed her Complaint on April 14, 2021 alleging two causes of action: 1) negligence and 2) premises liability. On October 26, 2022, this Court granted summary judgment in favor of Defendant The Vons Companies, Inc. and against Plaintiff. On November 17...

Excerpt: ...es that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Plaintiffs should be estopped from asserting that it may not enforce the agreement. It further argues that it is a third-party beneficiary of the Contract and that it did not waive its right to seek arbitration. The arbitration provision at issue here states: Any claim or dispute, whether in contract...

Excerpt: ...torney's fees is denied. Defendants' DLJJ, DDS and Stuart Rubin Motion for Joinder is denied. As a general rule, when a cause of action arises out of the furtherance of a defendant's right of petition or free speech in connection with a public issue, it is subject to a special motion to strike. (CCP § 425.16(b)(1).) An “act in furtherance of a person's right of petition or free speech” … includes … any written or oral statement or writin...

Excerpt: ...alley RV Resort with her personal RV, when she purchased a new manufactured home from Defendant Kelly Mac (Mac) that was manufactured by Defendant Cavco Industries (Cavco). The property manager, Mooshi Bijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until it was sold. Bijah told Plaintiff that she would not receive title...

Excerpt: ...oppose this motion. Plaintiff submitted the declaration of Dr. Donald Weissman with her supplemental papers. Defendant objects to the admission of Dr. Weissman's declaration on several grounds. Analysis Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (C.C.P. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that th...

Excerpt: ...FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract. It further argues that it is a third-party beneficiary of the Contract and that it did not waive its right to seek arbitration. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrabi...

Excerpt: ...rict”). (Case RIC1905897, hereinafter, “RAC Mandate Action.”) In response to the defendant's demurrers, a first amended petition and second amended petition (“SAP”) were subsequently filed. On 12-11-20, the defendant's demurrer to the SAP was sustained without leave to amend. Pursuant to the stipulation of the parties, on 9-3-21 the Howard Jarvis Taxpayer Association (hereinafter, “plaintiff” or “the association”) substituted in...

Excerpt: ...019.5. Plaintiff Michael Treptow (“Plaintiff”) filed the complaint in this lemon law action on August 3, 2021 against defendant Kia America, Inc. (sued as Kia Motors America, Inc.) (“KMA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended c...

Excerpt: ...ld be entitled to records dating back to April 6, 2019 instead of July 31, 2019 (one year from the filing of the complaint). (The parties appear to agree that the PAGA period is May 19, 2019 through the present.) Plaintiff further argues that the disagreement over the correct time period goes to the merits of the claims, which should not preclude an order requiring defendant to comply with the discovery demands. Plaintiff further seeks an order c...

Excerpt: ... the following: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); Violation of Civil Code §1793.2(a)(3); (4) Breach of Express Written Warranty; and (5) Breach of Implied Warranty of Merchantability. Page 7 of 8 On September 14, 2022, Plaintiff propounded their Request for Production of Documents, Set One on Defendant. On October 10, 2022, Defendant served responses. Plaintiffs contend Defendant's responses contai...

Excerpt: ...an be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the proper time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Defendant brings this motion on the ground that, although there is a proof of service, it is not properly executed by a licensed process server, and he was not actually served. C.C.P., § 473(d) permits the court to vacate a void judgment. “[C]...

Excerpt: ... Advantage Funding Commercial Capital Corp. (Advantage) to lease a 2016 Freightliner truck. On 4/16/18, Ade transferred all rights in the Agreement and truck to Defendant, Towz, Inc. dba Extreme Towing (Towz), but remained liable to Advantage for liabilities under the Agreement. All rights, title and interest in the Agreement and truck were subsequently transferred to Plaintiff. Plaintiff alleges that on 4/1/19, Defendants breached the Agreement ...

Excerpt: ...ntity or employees must first present a claim to the public entity, which must be acted upon or deemed rejected by the public entity. (Govt. Code, §§ 945.4, 950.2, 950.6(a).) To be timely, a claim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Govt. Code, §911.2.) If a plaintiff fails to file a government claim within the sixmonth period, he or she may apply to the public entity f...

Excerpt: ... ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. (Code Civ. Proc., §576; Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 168; Pri...