Excerpt: ...ial interrogatories Nos. 45 - 48, contending the interrogatory relates to proving that Plaintiff's vehicle contained a defect, and whether Defendant willfully violated Song-Beverly. He requests sanctons of $2,222.50. Defendant opposes the motion on the grounds that the interrogatories are overbroad and seek irrelevant information. It argues that sanctions are not warranted. Legal authorities and analysis: A party may file a moton compelling furth...

Excerpt: ...est for Judicial Notice is granted. The objections to the Declaration of Larry Michael Aubry are overruled. Factual and procedural background: Defendant is the Trustee of the Styliani Aubry Separate Property Trust ("Aubry") has, at all relevant times owned that certain residential property located at 47526 Calle Rosarito, Indio, California, (the "Property"), which is located inside Plaintiff's gated community named "Las arisas North" and Plaintif...

Excerpt: ...l be severely prejudiced if she has to oppose the motion for summary judgment and prepare for trial at the same time. Defendants do not contend that their motion was timely served. Instead, they argue that Plaintiff ignores the ruling in Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88. They also assert that in the cases relied on by Plaintiff, the notce provided was much shorter. Defendants contend that their service only reduced the notice t...

Excerpt: ...but reasonable amount of $1500 (4 hours X $375 + $60 filing fee). Factual and procedural background: Plaintiff filed this Song-Beverly action regarding a 0217 Ford Super Duty F-350 that contained engine defects. The complaint, filed 2/7/23, asserts: (1) breach of express warranty; (2) Civil Code 51793.2; and (3) negligent repair. Plaintiff moves to compel further responses to the Request for Production of Documents. Plaintiff contends Defendant's...

Excerpt: ...dant RPM at the tme of her purchase, and Defendant RPM maintains the position that Plaintiff had access to Defendant RPM's records and property, and sold the Vehicle to herself without the knowledge or consent of Defendant RPM. Plaintiff signed an agreement to arbitrate any acton arising from the Retail Installment Sales Contract ("RISC (Declaration of Frank Vizcarra ["Vizcarra Dec."), 92, Exhibit "1. Shortly after Plaintiffs purported purchase o...

Excerpt: ... complaint ("FAC") against defendants Larry Moore and Trinidad Moore (together, "Defendants"). Plaintiff seeks to quiet title to property located in Banning and alleges various causes of action for rescission and financial elder abuse. Plaintiff was 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. In 2014, Plaintiff was distressed over the condition of her home. She reached ...

Excerpt: ... paid off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (SAC 6-8.) Plaintiff alleges during the many conversations that Plaintiff had with Defendant Bagwell, Plaintiff was told by defendant Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff can cancel the current insurance she had with GEICO Insurance Co...

Excerpt: ...ls and insignias required by the ANSI codes. Plaintiff filed this action on 2/17/22 and filed the First Amended Complaint (FAC) as a matter of right on 3/29/22. After the court sustained in part Kelly Mac's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 10/11/22. The court then sustained in part Kelly Mac's and Cavco's separate demurrers. Plaintiff then filed the Third Amended Complaint, and subsequently filed a motion for leave ...

Excerpt: ... Corona, California (the "Property"). (Complaint, 6-9.) The Complaint sets forth six causes of action: (1) breach of contract; (2) work, labor and materials furnished; (3) open book account; (4) account stated; (5) reasonable value of work; and (6) foreclosure of mechanics lien. Plaintiff has filed an Application for Right to Attach Order (the "Application") seeking a writ of attachment in the amount of $101,154.14 against defendant Shirley Tolli...

Excerpt: ...g (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; and (3) Fraudulent Inducement —Concealment. On 10/11/2022, after the Court granted Plaintiffs' motion for leave to amend, Plaintiffs filed their First Amended Complaint ("FAC") against Defendant alleging the same three causes of action. On 11/18/2022, Defendant filed a demurrer to the third cause of action for fr...

Excerpt: ...s" for an alleged wrongful repossession of a Lamborghini Huracan Evo, stating causes of achon for trespass to chattel and conversion. Service of the summons and complaint was effected 6/17/23 on both Defendants through substituted service on Grozav's wife, Alina Grozav ("Alina"). Defendants failed to file a timely answer. On 8/29/23, Plaintiff filed a request for the entry of default as to both Defendants, and default was duly entered that same d...

Excerpt: ..., a fifth cause of action for fraudulent inducement — concealment, and a sixth cause of action against Defendant Fairway for negligent repair. The Complaint alleges that on October 17, 2021, Plaintiffs purchased a 2021 Ford Explorer ("Subject Vehicle" or the "Vehicle"). (Comp'. 9.) It further alleges that "[dlefects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to,...

Excerpt: ... are to be filed with the court and served on opposing party within fifteen dates. Hearing on this matter is continued to 11/17/23 8:30 a.m. for the sole purpose of confirming the reasonableness of the amount of attorney fees. Factual and procedural background: This action arises out of a business deal between Plaintiffs JTLH Enterprises, LLC ("JTLH"); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, "Plaintiffs") and numerous Defend...

Excerpt: ...ction of emotional distress, (2) retaliation in violation of FEHA, (3) violation of California Labor Code S 1102.5, (4) harassment in violation Page 7 of 10 of Government Code S 12940, (5) failure to prevent discrimination and harassment, (6) failure to engage in interactive process, (7) failure to accommodate, and (8) discrimination. Defendant demurs to the first, second, third, fourth, fifth, sixth, seventh, and eighth causes of acton on the gr...

Excerpt: ...retaliation in violation of Labor Code "98.6, 95(k), 4) retaliation in violation of Labor Code SS230(b), 230(g)(1), 5) failure to prevent discrimination harassment and retaliation I violation of Gov. Code 512940(k), and 6) wrongful termination in violation of Gov. Code #12940, et seq. Defendant CXR previously demurred to all of these same causes of action which were contained in Plaintiff's First Amended Complaint. Leave to amend was granted rega...

Excerpt: ...ndant was aware of and failed to disclose. (FAC "1 6-12, 23-59.) Plaintiffs provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle.(FAC '1 13-14.) Plaintiff filed the Complaint and now FAC on 1/11/23 asserting causes of action for violations of Song-Beverly Act, breach of express and implied warranties and fraudulent inducement-concealment. Defendant demurs to the fraudulent inducement cause of action...

Excerpt: ...laintiff alleges that she suffered severe complications following a molar extracton performed by Jae Woo Chung, D.M.D. ("Dr. Chung") and under the pre/post-operative care of Angelica Nieto, D. D.S. ("Dr. Nieto" or "Defendant") Plaintiff filed the Complaint, in pro against Dr. Nieto and Dr. Chung on 2/21/23, alleging a single cause of action for medical negligence. On 4/28/23, Plaintiff served Defendant Dr. Nieto with requests for production, set ...

Excerpt: ... Residential Lease Agreement ("Lease") and simultaneously an Option to Purchase Addendum to Residential Lease Agreement ("Option") with defendant homeowners Marilyn Will ("Will") and Frank Tysen ("Tysen") relating to property located at 1155 South La Verne Way in Palm Springs. Pursuant to the Option, Van Wyk had the option to purchase the subject property for $275,000 any time from December 2020 to 12/31/21. On 12/28/21, Van Wyk issued a notice t...

Excerpt: ...pment Co. LLC ("Skyline"), alleging (1) breach of governing documents and (2) breach of fiduciary duty. On 6/12/2019, after the Court sustained Defendant Skyline's demurrer, Plaintiffs filed their First Amended Member Derivative Complaint ("FAC") against Defendants Skyline, Jennifer Roberts ("Roberts"), and David Gilbert ("Gilbert") (collectively, "Defendants"), alleging (1) breach of governing and violation of the Davis-Stirling Act (l); (2) bre...

Excerpt: ...r repair. (ld. at 12.) On 4/14/2022, CarMax informed Nix that they are unable to fix the vehicle and would sent it to Defendant Walter's Auto Sales and Service, Inc. ("Walter's"). (ld. at '1 13.) CarMax and Walter's allegedly retained possession of the vehicle from 4/14/2022 to 4/27/2022. (ld. at 14.) On 4/27/2022, Plaintiff picked up the vehicle and assumed it was fixed. (ld.) On 5/8/2022, Nix and her two minor children, Burton (collectively, "P...

Excerpt: ... Plaintiff opposes. Legal authorities and analysis: CCP S 1048(b) provides as follows: " „ in furtherance of convenience or to awid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...

Excerpt: ...dural background: On 1/30/2023, the Molinas filed their First Amended Cross-complaint ("FACC") against the Cross-Defendants, alleging the same ten causes of action. CrossDefendants subsequently filed a demurrer to the FACC, which the Court sustained again with leave to amend. On 5/31/2023, the Molinas filed their Second Amended Cross-complaint ("SACC") against the Cross Defendants, alleging the same ten causes of action. State Farm demurrers to t...

Excerpt: ...) and/or Rush Truck Leasing ("Rush"). The complaint asserts two negligence causes of action. The matter went to trial in June 2023. The jury found that Padilla was negligent and was acting within his course and scope of employment with Costco. It found that Plaintiff had been damaged in the amount of $3,499,200.75. Padilla and Costco were found jointly and severally liable for this amount. On 8/22/23, Plaintiff filed a memorandum off costs, seeki...

Excerpt: ...n, (5) unjust enrichment, (6) negligence, and (7) gross negligence. As against the moving Defendants Qilin Chang and Golden Taste LLC, Plaintiff asserts the causes of action for declaratory relief, conversion, unjust enrichment, and gross negligence. Moving defendants Qilin Chang and Golden Taste, LLC bring the instant motion, seeking an order requiring Plaintiff to file an undertaking. The motion is made pursuant to Code of Civil Procedure S 103...

Excerpt: ...lysis: "[Mlotons for reconsideration under [CCP S and renewed motons under [S 1008(b)] are closely related. (See Tate v. Wilburn (2010) 184 Cal.App.4th 150, 159 [internal citations omitted].) "A party filing either a motion under [S 1008(a) or is seeking a new result in the trial court based upon 'new or different facts, circumstances, Page 4 of 6 or law."' (ld. at 160 [citing CCP SS 1008(a) & (b)l.) The moving party must show "by affidavit what ...

Excerpt: ...it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code." Under this code section, judgments can be modified "under the 'successor corporation' theory." Wolf Metals, Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, ...

Excerpt: ...Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22 and the operative First Amended Complaint (FAC)...

Excerpt: ...t Defendant City of Indio ("Defendant" or "City") for Violation of California Labor Code Section 1102.5. Perafan alleges that he was, among other things, subjected to multiple adverse actions and forced to retre by City in retaliation for reporting perjury and other suspected illegal conduct against City's chief of police and assistance chief of police in Perafan's job as a police sergeant on behalf of City. Perafan worked for the Defendant until...

Excerpt: ...ate, (3) disability discrimination, (4) retaliation (FEHA), (5) retaliation (Lab. Code S 1102.5), (5) harassment (hostile work environment), (7) failure to prevent discrimination, harassment and retaliation, (8) wrongful termination in violation of public policy, (9) intentional infliction of emotional distress, (10) breach of contract, (11) breach of the covenant of good faith and fair dealing, (12) promissory estoppel, (13) intentional misrepre...

Excerpt: ... of Government Code (Gov. Code) 512940(h), 3) retaliation in violation of Labor Code SSS8.5, 96(k), 4) retaliation in violation of Labor Code SS230(b), 230(g)(1), 5) failure to prevent discrimination harassment and retaliation I violation of Gov. Code 512940(k), and 6) wrongful termination in violation of Gov. Code 5512940, et seq. Defendant CDCR previously demurred to all of these same causes of action which were contained in Plaintiff's First A...

Excerpt: ...ve Process in Violation of Gov. Code S 12940(n): (4) Age Discriminaton in Violation of Gov. Code 512940 et seq; (5) Failure to Prevent Discrimination in Violation of Gov. Code S 12940(k); (6) Retaliation in Violation of Gov. Code 512940(h); (7) Wrongful Termination; (8) Meal and Rest Break Violations of Labor Code S 226.7; (9) Failure to Provide Employment Records in Violation of Cal. Labor Code 51198.5 et seq.; (10) Failure to Pay All Compensati...

Excerpt: ... most qualified (PMQ). Plaintiff contends the notice was ignored and therefore on 8/18/23, Plaintiffs served an amended noticed a deposition of GM's PMQ for a deposition to take place on August 11, 2023. (Declaration of Raymond Verlarde ["Verlarde Decl."], 6.) July 18, 2023, Plaintiffs noticed a deposition of GM's person most qualified for a deposition to take place on August 11, 2023. (Declaration of Raymond Verlarde ["Verlarde Decl."l, '16.) Pl...

Excerpt: ...chael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Constructon LLC and Jorge Humberto Quezado, alleging negligence and loss of consortium. PIAS relevant to this Motion, Plaintiff Brandon is claiming lack of memory due to a traumatic brain injury (TBI) and anxiety and depression. Defendants move to compel Plaintiff Brandon to attend two mental examinations with Dr Kyle Boone, Ph.D. (a ...

Excerpt: ...efects. On 2/9/22, Plaintiffs filed their complaint for: (1) breach of express warranty; (2) breach of implied warranty; and (3) Civil Code 51793.2. On the date of trial, 5/19/23, the parties indicated that the case settled. On 6/22/23, Plaintiffs filed a notice of settlement. Plaintiffs move for attorney fees of $55,258.87 ($41,325.37 x 1.35 multiplier) and $2,186.19 in costs. It is noted in the Reply, Plaintiffs seek fees of $58,471.97. Plainti...

Excerpt: ...ease signing, the Vehicle odometer read Twenty Thousand One Hundred Forty (20,140) miles, however, A-Z and/or Fleet reported inaccurate mileage, submitting Two Hundred Thousand One Hundred Forty (200,140) miles to the California Department of Motor Vehicles (hereinafter referred to as "DMV"). Plaintiff notified a Fleet employee about the error who assured Plaintiff of correction. As a result, an A-Z employee made handwritten changes to the "Used ...

Excerpt: ... while working when pallets and boxes, that were not properly secured, stacked or maintained, fell on Plaintiff. He filed his Complaint on 12/31/21 alleging two causes of acton for negligence and premises liability. Plaintiff alleges that Sungistix knew or should have known about the dangerous condition and failed to warn users of the premises; Sungistx could have prevented the incident. On 4/13/23, Plaintiff filed a Fictitious Name Amendment to ...

Excerpt: ...ation of a solar power system and solar utility shed that subsequently caught fire and damaged the property. Plaintiff alleges that it hired Defendants to install a solar power system on its property Imrated at 44047 Camino Gatllo in Temecula, California (the "Property"). (FAC 15—16.) On 4/17/23, Plaintiff filed the First Amended Complaint ("FAC") against the moving Defendants Clean Energy Storage Inc. and Ted Thomas ("Defendants"), as well as ...

Excerpt: ...ty"). (Complaint, 4, 6-7.) Adam Schwartz ("Schwartz"), an agent/employee of Defendant, was retained by Dean Cook ("Cook") on behalf of Cook Capital to act as its real estate agent. (Complaint, "1 2, 8.) On 1/21/21, Balcor provided the required written seller's disclosures regarding the Property which indicated that a potential buyer, Hedgemon Real, LLC ("Hedgemon"), had filed a lawsuit (CVRI 200105) against Balcor regarding the Property. (Complai...

Excerpt: ...ted as a beneficiary of the Estate of Rodolfo Valdez, Jr., but that Matthew executed a Deed of Trust for the property located at 21195 Bentley Dr. Perris, California, falsely representing himself to be the Executor of the Estate and thereby wrongfully conveying the property to Defendants Jeremy Geng, Ceba Properties. On 2/23/22, Letters of Administration were issued in PRR12101884, in which Defendant was appointed as the administrator of the dece...

Excerpt: ...) intentional tort— assault (against Kauvaka); (3) negligence (against Raincross); and (4) assault and battery (against all Defendants). Plaintiff sought damages for loss of earnings and loss of earnings capacity, among other things. Plaintiff owns his own advertising and marketing business, 951 Promotions, Inc. in which he is the president. (Def.'s Notce of Lodgment, Ex. 1.) Plaintiff claims that he lost at least $25mo in income as of 3/12/202...

Excerpt: ...dant argues Plaintiff failed to comply with the Government Claims Act, the causes of achon are barred by the workers' compensation exclusivity rule, some of the alleged conduct occurred outside the statute of limitations, the alleged conduct remaining is insufficient to support the causes of action, and injunctive relief is a remedy, not a cause of action. In Opposition, Plaintiff argues her claims are not barred by failure to adhere to the Gover...

Excerpt: ...operty is 150.52 acres in Riverside County located adjacent to Cereal Street in Lake Elsinore. (SAC 911.) The parties entered into a Standard Offer, Agreement and Escrow Instruction for Purchase of Real Estate (Vacant Land) on 8/31/21. (SAC 912.) The Purchase and Sale Agreement requires Defendant to provide Plaintiff with all documents and information pertaining to the property and requires Defendant to certify to Plaintiff upon delivery that all...

Excerpt: ...ent (Master Agreement) with Defendant Empire to provide labor, materials and equipment for installation of drywall into a residential real property apartment project. In addition to Empire, Plaintiff alleges that other companies and their individual principals were involved in the project and acted and their actions represented a unity of interest, ownership and operation and were part of the breach of the contract and related violations. He cont...

Excerpt: ...miles, whichever comes first, and a powertrain warranty lasting months or 60ßW miles. (Comp. 99.) Plaintiffs The First Amended Complaint (FAC) was filed on 3/27/23, alleging the following: 1) Violation of Song-Beverly Act, Breach of Express Warranty; and (2) Fraudulent Inducement—concealment. Defendant Honda demurrers to the second cause of action for fraudulent inducement— concealment and moves to strike the request for punitive damages. Pl...

Excerpt: ...nt Palms Property Management, Inc. moves the court to dismiss Plaintiff Alicia Aguilar's Complaint on the grounds that 1) Plaintiff is bound to arbitration as the remedy for the 2nd — 9th causes of action, 2) Plaintiff's causes of action impro#rly rely upon or incorporate FEHA claims, 3) California is an inconvenient forum pursuant to CCP 5410.30, and 4) as a matter of public policy. Defendant states that Plaintiff worked for Defendant in Ehren...

Excerpt: ...ent Inducement - Concealment. On 4/28/2019, Plaintiff purchased a new 2019 Chevrolet Silverado, which was manufacture, distributed, and warranted by Defendant. (FAC "1 4—9, 21.) Plaintiff alleges that Defendant breached the express and implied warranties because the subject vehicle was delivered to him with serious defects and nonconformities, including but not limited to, electrical and transmission system defects. (ld. at 80, 96—98.) With r...

Excerpt: ... between Plaintiffs JTLH Enterprises, LLC ("JTLH"), Jeffery Heimer, Linda Heimer, and Tyler Heimer (collectively, "Plaintiffs") and numerous Defendants named in this case. Plaintiffs' action is based on seven causes of action as alleged in their Second Amended Complaint ("SAC") filed on 1/25/2022, which is the operative pleading: (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach of Contract; (5) Breach of Fiduc...

Excerpt: ...ges she was a direct sales representative hired by Defendant Charter Communications. She filed this Complaint on 4/24/22 alleging various employment claims including disability discrimination, failure to accommodate, retaliation, harassment and wrongful termination. Defendants seek to compel arbitration of Plaintiff's claims and dismiss or stay the action. They claim that Plaintiff signed two arbitration agreements, one upon applying for employme...

Excerpt: ...ing to the engine, transmission, and loss of power, among others. In particular, the subject vehicle, like many Hyundai vehicles, came equipped with a defective Theta II engine. Plaintiffs allege Defendant knew or should have known of these defects and failed to disclose them. Plaintiffs brought suit alleging the following causes of action: (1) Violation of Civil Code S 1793.2(d); (2) Violation of Civil Code S 1793.2(b); (3) Violation of Civil Co...

Excerpt: ...s ("IIED"). On 11/22/21, the Court granted Vong's motion for summary judgment. Plaintiffs appealed. The Court of Appeal affirmed the ruling as to the IIED claim, but reversed on the professional negligence and wrongful death claims. The remittitur states that Plaintiffs shall recover their costs on appeal pursuant to CRC, Rule 8.278(a)(3). On 5/12/23, , Plaintiffs filed their Memorandum of Costs on Appeal seeking $3,419. Vong now moves tax $2,000...

Excerpt: ...ent to be heard on 5/9/23. Plaintiff dismissed JUSD from the lawsuit on 5/4/23. On 5/15/23, JUSD filed a timely Memorandum of Costs by which it seeks to recover $5,308.25 in litigation costs. Plaintiff moves to strike costs or to tax costs to a reasonable sum. Plaintiff argues among other things that: (1) JUSD may not recover filing fees ($99.60) because it is exempt from having to pay filing fees and because there was no need to file the CMC fou...

Excerpt: ...ollows: Plaintiff Xingxiang Qiao ("Plaintiff" or "Qiao"); Defendants Zhenfei Xiang ("Xiang"), Qilin Chang ("Chang" or "Defendant"), Qiliang Chang ("Chang's Brother"), Pyng Soon ("Attorney Soon"), Golden Taste LLC ("Taste"), Golden Globe LP ("Globe"), Worlden San Bernardino, Inc. ("Worlden") and Mega Bank. Request for Judicial Notice: Chang's request are granted pursuant to Evidence Code 5452(d). Plaintiff's request are granted as to Exhibits 1 �...

Excerpt: ...onconformities and that GM failed to repair the defects after a reasonable number of attempts. The Complaint filed on 7/2/21, sets forth various causes of action for violation of the Song-Beverly Act. On 2/6/23, the parties reached a settlement under which GM agreed to pay $101,00. In addition, GM agreed to pay attorney fees and costs to be determined by motion in which Plaintiff would be deemed the prevailing party for purposes of that motion. (...

Excerpt: ...000 using her home that was paid off as collateral. Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to TCF National Bank. (FAC 5.) Plaintiff alleges during the many conversations that she had with Bagwell, Plaintiff was told by Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff could cancel the current insurance she had with GEICO Insurance Company. (F...

Excerpt: ...ily residence located at 1061 Talcey Terrace in Riverside, California (the "Property"). (Williams Decl. '1 2.) In September 2022, Plaintiff Kevin Williams ("Plaintiff") and Defendants entered into their first Residential Purchase Agreement. A series of events occurred regarding efforts to complete the sell of the property to Plaintiffs. The transacton was not completed and on 5/24/203, Defendants filed an unlawful detainer action against Plaintif...

Excerpt: ...t supervisor. Plaintiff alleges since July 2019, when Rodriguez began in a management role over Plaintiff, Rodriguez has "[had] it in" for Plaintiff. (SAC 915.) Plaintiff alleges Rodriguez commanded Plaintiff to write false reports and disciplined her for things that were not her fault. Plaintiff eventually sought a transfer, but it was not long before Rodriguez was Plaintiff's supervisor again. upon seeing Plaintiff at the new job site, Rodrigue...

Excerpt: ...roperly select, train, supervise; 2) intentional tort — assault; 3) negligence; and 4) assault and battery. Kauvaka filed the Answer on 6/11/21. On 7/29/21, Raincross filed a Cross-complaint against Pixels Video Bar, Chad Norton and Micah Herrera for 1) equitable indemnity; 2) contribution; 3) declaratory relief; and 4) negligence. Plaintiff seeks damages for past and future income loss. Throughout the case, Plaintiff has identified his injurie...

Excerpt: ...to quiet title to property located in Banning and alleges various causes of action for rescission and financial elder abuse. On 4/18/23, Plaintiff served Defendants with written discovery demands, including Construction Form Interrogatories ("CFROGs"). On 5/18/23, Defendant served responses. Plaintiff found the responses to be evasive and exchanged meet and confer correspondence with defense counsel; Page 4 of 4 however, Defendants failed to prov...

Excerpt: ...usands of dollars, the system did not work. (FAC 27-55.) In the process of trying to fix the system, Defendants caused the battery backup system to spark which set fire to the storage shed containing hundreds of thousands of dollars of equipment. (FAC 55-56.) Another contractor was hired to replace the system, and this contractor informed Plaintiff that little of the original work done by Defendants was reusable or had any value to begin with. (F...

Excerpt: ...DUMF 4.) Defendant was not a party to the transaction between Plaintiffs and CarMax. (ld. at '1 3.) The subject vehicle originally came with bumper-to-bumper coverage for the earlier of 36 months or 36,000 miles and powertrain coverage for the earlier of 50 months or 60,000 miles. (ld. at 6.) The bumper-tobumper coverage expired by mileage before October 2017, and its powertrain coverage expired by mileage before July 2021. (ld. at '17.) Defendan...

Excerpt: ...ny such new evidence could not be produced with reasonable due diligence at the motion hearing was not filed with the motion. Factual and procedural background: This acton arises out of a fire that occurred on 7/28/20, at the storage facility owned by Defendant, during which Plaintiff's personal properties were damaged. On 1/24/22, Plaintiff, in pro per, filed his operative FAC for negligence, naming The Salvation Army as the sole Defendant. Defe...

Excerpt: ...cated at 1428 Midnight Sun Drive, in Beaumont within Defendant Sundance Community Association ("Association"). The suspects loaded Plaintiff's gun safe in a Toyota and Plaintiff called the police. The suspects, Defendants Nicholas Almejo, Mahmoud Salah, Mataeo Waring, Darrell Skakhan Hollawayne, and Darrell Skakhan Hollawayne, were ultimately located, his property was recovered, and Almejo and Waring were criminally charged. On 11/9/22, Plaintiff...

Excerpt: ...ts. Plaintiff moved out of the property, but Defendant remained in possession and refused to voluntarily sell. Thereafter, Plaintiff recorded an Affdavit of Surviving Spouse ("Affidavit") on 5/19/22 and Declaration Severing Joint Tenancy ("Declaration") on 5/3/22. Plaintiff also filed the Complaint on 6/3/22, seeking partition and an accounting relating to the subject property. Plaintiff alleges she owns 66.67% interest as a tenant in common, and...

Excerpt: ...r his entre employment and contained an agreement to arbitrate all employment related claims. The agreement was signed by Dickey on 1/4/22. He thereafter continued his employment. On 10/28/22, Maison terminated Dickey's employment purportedly because of a lack of business. Dickey sent correspondence to Maison to informally resolve issues related to his unpaid commissions. When these attempts were unsuccessful, Dickey filed a demand for arbitratio...

Excerpt: ...in part Kelly Mac's and Cavco's separate demurrers. Plaintiff then filed the Third Amended Complaint, and subsequently filed a motion for leave to amend, which the court granted. Plaintiff filed the Fourth Amended Complaint (4AC) on 4/12/23. The 4AC asserts (which omitted causes of action and changed the numbering): (1) retaliation (common law); (2) breach of implied warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) vio...

Excerpt: ...train, supervise and discipline employees, 2) intentional tort-assault, 3) negligence, and 4) assault and battery. All but the second cause of action are alleged against Defendant Raincross Pub and Restaurant, LLC. Defendant as used in this ruling refers to Raincross Pub and Restaurant, LLC. Defendant moves for summary judgment on the grounds that Plaintiff cannot establish one or more essential elements of any of his causes of acton against Rain...

Excerpt: ...ided documentation and sat for examination under oath, but Defendant never sent an adjuster to evaluate the claim and failed to pay the full benefits under the policy. On 8/5/22, Plaintiff filed a complaint alleging two causes of action: 1) breach of contract; and 2) insurance bad faith and punitive damages. Defendant demurs to the second cause of action for bad faith on the grounds it fails to state facts suffcient to constitute a cause of actio...

Excerpt: ...nd: On September 6, 2023, Plaintiff filed a Complaint for: (1) Violation of Song-Beverly Act Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; (3) Violation of Song-Beverly Act Section 1793.2. On 2/13/23, Plaintiff served a Notice of Deposition of Defendant's Person Most Knowledgeable and requests for production of documents. The deposition was to take place on 2/28/23. (Camran Pakbaz Declaration, 917, ...

Excerpt: ...biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (ld„ '1 10.) So was the founder, manager and owned the largest membership interest at 50%. (ld., 13, 15.) Plaintiff acquired a 10% interest in the Company with his investment of $400mo pursuant to a Share Subscription Agreement dated 4/18/17and the Company's Amended and Restated Operating Agreement dated October 2017 ("Operating Agreement"). (ld.,...

Excerpt: ... which are the product of a long-time collaboration between inventor Michael Bitensky and Sharon Hoffman, and patent assignor and assignee 8NL (Better Nutritionals, LLC) and Goli. Plaintiff alleges that Goli released fts ACV gummies in April of 2019, and its Ashwa gummies in January of 2021. Defendant, BNL, is a supplement manufacturer located in Gardena and Norco, which manufactures the subject gummies. Plaintiff alleges was contacted by BNL rep...

Excerpt: ... 8ijah (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 of the manufactured home until it was paid off, and title would remain with Diamond Valley. Plaintiff was no longer interested, but later convinced by the maintenance man to trust 8ijah. Plaintiff agr...

Excerpt: ... Cross-Defendant owed a contractual duty to defend Crosscomplainant against plaintiffs' lawsuits at the time of tender. Issues Nos. 2 and 3: denied based on procedural defects. Cross-complainant's Request for Judicial Notice: Granted pursuant to Evidence Code S 452(d), (c) and (h) as to all Exhibits except for C and D. Denied asto C and D. Cross-Defendant's Evidentiary Objections: Sustained as to Nos. 1, 2, 4, 7, 8, 12-14 and overruled as to Nos....

Excerpt: ...cedural background: Plaintiff Haydx, Inc. ("Plaintiff") filed the complaint in this breach of contract action on 1/4/18 against defendants Lyndon Ichida and Hayday Farms, Inc. (together, Defendants"). The action proceeded to a court trial. On 9/18/20, the court issued judgment (the "Judgment") in favor of Defendants. On 1/10/23, the Fourth Appellate District, Division Two, of the Court of Appeal affirmed the Judgment. Defendants move for an award...

Excerpt: ...e of material fact. Objections: Defendant's objections to Response in Opposition Nos. 1 and 2 are sustained. Factual and procedural background: This action arises out of a fire that occurred on 7/28/20, at the storage facility owned by The Salvation Army (TSA), in which Plaintiff's personal properties were allegedly damaged. On 1/24/22, Plaintiff, in pro per, filed his operative FAC, naming TSA as the sole Defendant. The FAC asserts against TSA a...

Excerpt: ...ctions is denied due to the lack of meaningful meet and confer and because Plaintiff's counsel's failure to timely serve supplemental responses was substantially justified by the fact that he was denied access to the files by his former law firm. It appears that Defendant was aware of this situation, and Plaintiff's willingness to supplement, prior to filing the motions. Factual and procedural background: The following factual and legal analysis ...

Excerpt: ...ntiff filed the complaint, alleging violation of Song-Beverly Act, violation of Magnuson Moss Warranty Act and breach of the implied warranty of merchantability. On 10/25/22, the Court granted Defendant's motion for summary judgment based on the statute of limitations, and judgment was subsequently entered on 1/17/23\. Defendant filed a memorandum of costs seeking $3,170.03. Plaintiff now moves to tax costs in the total amount of $1,914.93, chall...

Excerpt: ...that Defendant was unable to fixed these defects and nonconformities after several attempts and has failed to replace the Vehicle. (Compl., "15-12.) The operative Complaint asserts causes of action for: (1) Breach of Implied Warranty under the Song-Beverly Act, (2) Breach of Express Warranty under the Song-Beverly Act, (3) Breach of Express Warranty under the Magnuson-Moss Warranty Act, and (4) Breach of Implied Warranty under the Magnuson-Moss W...

Excerpt: ...to flames. Plaintiff alleges the phone was manufactured by defendant Samsung Electronics America, Inc. ("Samsung") and purchased for Royal Cabinets by and through defendant Wireless Watchdogs, LLC ("Wireless Watchdogs" or "Defendant"). On 1/17/23, Plaintiff filed the complaint alleging 1) strict product liability and 2) negligent products liability. Defendant filed the answer on 5/1/23, asserting a general denial and 29 affirmative defenses. On 5...

Excerpt: ...r relief as the Court deems just and proper" may be construed as a request for punitive damages. Legal authorities and analysis: The court may, upon a motion made pursuant to CCP S 435, strike irrelevant, false, or improper matters asserted in a complaint. CCP S 436(a). Additionally, may strike any part of a pleading that does not conform with state laws, rules of court, or court orders. ld. at (b). Motons to strike can be used to attack the entr...

Excerpt: ...arties agreed to grant and convey to each other certain mutual and reciprocal easements appurtenant to their respective parcels for ingress and easement. ("Original Agreement"). (Complaint, '1 13, Ex. A.) In 2001, the parties amended the Original Agreement ("First Amendment")(togetherwith Original Agreement hereinafter "Easement Agreement"). (Complaint, 14, 17.) Pursuant to the First Amendment, the Deleos granted an access easement on their prope...

Excerpt: ...regnancy-related medical condition and retaliated against her when she complained about the lack of accommodation and food safety violations. Plaintiff filed the Complaint on 2/21/23, alleging 1) discrimination; 2) retaliation (FEHA); 3) retaliation (Labor Code S 1102.5); 4) failure to prevent discrimination and retaliation; 5) failure to accommodate; 6) failure to engage in the interactive process; 7) wrongful termination; 8) negligent training ...

Excerpt: ...ver for that were not properly disclosed and were entirely optional and largely duplicative of pre-existing and coverages that came with the vehicle. Plaintiff also contends the vehicle had defects with its electrical system. Plaintiff's Complaint asserted the following causes of action: (1) violation of Song-Beverly Consumer Warranty Act; (2) violation of Consumers Legal Remedies Act; (3) deceit; (4) negligent misrepresentation, (5) violation of...

Excerpt: ...ction for: (1) breach of governing documents and violation of the Davis-Stirling Act, (2) breach of the governing documents and violation of the Davis-Stirling Act (l), (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder, and (5) breach of fiduciary duty (supplemental). 80th Roberts and Gilbert have filed cross-complaints against the Association asserting claims for express indemnity and dec...

Excerpt: ...the risks inherent in the activity by driving at a high rate of speed in close proximity to Plaintiff's boat. Summary adjudication of the Plaintiff's claim for punitive damages should be denied due to Defendant's failure to file a separate statement in compliance with CRC Rule 3.1350(b). Factual and procedural background: Plaintiff was operating her boat on Lake Havasu, California. Plaintiff alleges that Defendant drove his boat within less than ...

Excerpt: ...ear of Plaintiff's vehicle (2019 Nissan Sentra) and vehicles purchased in Southern California and the specific defects cited by Plaintiff, to wit: electrical, structural, and transmission system defects which resulted in symptoms affecting drivability and reliability. However, the Court declines to rule on objections stated by Defendant unless or until Defendant fails to respond at the deposition, after which Plaintiff may move for order compelli...

Excerpt: ...ight and collided with Plaintiffs vehicle. Plaintiff filed the operative Complaint on 2/16/23, alleging: (1) Negligence — Automobile; (2) Negligence — Vehicle Code 517150; and (3) Negligent Entrustment. Plaintiff requests punitive damages for the first and third causes of action. By this motion, Turnstyle asks that the requests for punitive damages be stricken. Plaintiff opposes contending that he plead sufficient facts to support a request f...

Excerpt: ...dismissed Dyami. Defendants McCoy, Pacheco and Coldwell Banker settled and the court granted good faith settlement on 10/6/20. Plaintiffs dismissed these Defendants on 11/3/20. This resulted in a bench trial and on 9/13/21, the court found in favor of Plaintiffs for $8,628.08. On 9/22/21, Plaintiffs filed a memorandum of costs for $7,141.00. The Court granted a motion to offset the $8,528.08 judgment against Darren Vaught and struck the costs sou...

Excerpt: ...ngle cause of action for negligence. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production of Documents, Set One, Nos. 1-15. Plaintiff argues the responses are not Codecompliant. Defendant opposes and argues further responses and documents were served on 5/19/23 as such the moton is moot. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production of Documents, Set One,...

Excerpt: ...ces, materials and equipment furnished. Defendant answered on 7/7/22. Trial is set for 10/20/23. Defendant moves for leave to file a compulsory cross complaint against Plaintiff pursuant to CCP 5426.50 and 5428.50 on the grounds that there is cause for defendant to bring various causes of action against plaintiff, that the motion is brought in good faith, and that it is in the interest of justice that the court grant it. The moton contains some i...

Excerpt: ... injured and required extensive medical treatment as a result of her slip and fall on a grape in the produce secton of Rio Ranch Market on 8/27/20. Defendant served Plaintiff with Requests for Production of Documents on 12/19/22. Plaintiff served her responses on 1/20/23. Defendant believed Plaintiff's responses were insufficient. The parties met and conferred. The instant motion to compel followed. Defendant seeks an order to compel further resp...

Excerpt: ...t (FCA); (7) negligent repair (Moss). They allege that the vehicle had multiple defects including the electrical system, loss of power, causing hesitation, requiring updating/reprogramming of the powertrain control module and/or transmission control module, vehicle jerking, fuel pump module, jolt upon shifting, etc. Defendants filed separate motions to compel arbitration based on the arbitration agreement in the RISC. They argue Felisilda applies...

Excerpt: ...and 7th causes of action. Denied as to the 4th, 6th, and 8th causes of action. Request for Judicial Notice: Granted Plaintiff's Request for Judicial Notice of the existence of the court records as RJN Nos. 1-7, Exs. "1"-"7" and of the truth of the court orders and RJN Nos. 4-5, Exs. "4"-"5". Evidentiary objections: Plaintiff's Objection Nos. 1, 11, and 20-22 are overruled. Plaintiff's Objection Nos. 2-5, and 13-15 are sustained. Defendants' Evide...

Excerpt: ...rike out irrelevant, false or improper matter, or "any part of any pleading not drawn or filed in conformity with the laws ofthis state, a court rule, or an order of the court." (CCP 5436.) To support a demand for punitive damages under Civil Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in Civil Code S3294(c). As defined in the statute, malice is "conduct which is intended by the defendan...

Excerpt: ...hat he was not permitted to take bathroom breaks. As a result, Plaintiff allegedly developed abdominal pain. Plaintiff alleges that he sought medical treatment and was diagnosed with an intestinal disorder related to his inability to use the bathroom during working hours. Plaintiff requested an accommodation to have access to a toilet at all times. Plaintiff alleges that Defendant refused to accommodate. Plaintiff, who was 60-years old at the tim...

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: ...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: ...sing her to suffer complications. She later learned her ureter had been cut during the procedure. As to defendants Mary C. Gentle, M.D. ("Gentile") and Jason Desadier, D.O. ("Desadier"), Plaintiff alleges they provided care and treatment to her followng the surgery and failed to diagnose the condition. Plaintiff filed the Complaint on February 2, 2022, alleging a single cause of action for medical malpractice. Evidence supporting the motion: Plai...

Excerpt: ...his First Amended Complaint eight causes of action for 1) whistleblower retaliation, 2) retaliation Gov. Code 512940(h), 3) retaliation Labor Code "98.6, 96(k), 4) failure to prevent discrimination, harassment and retaliation, 6) wrongful termination in violation of public policy, 7) wrongful termination in violation of Gov. Code #12940, et seq„ and 8) UCL violations. Defendant California Department of Correctons and Rehabilitations (COCR) demu...

Excerpt: ...gers"), an employee and officer of Plaintiff, took funds from Plaintiffs checking account without its consent and transferred $182,25003 from Plaintiff's checking account to Berger Harrison, APC's ("Berger Harrison") client trust account. Out of these funds, $99,067.26 were inappropriately used for Collura related purposes. Some of these funds were also given to Rogers. The complaint contains one cause of action for conversion of funds. Default w...

Excerpt: ...prings. Pursuant to the Option, Nanette had the option to purchase the subject property for $275,000 any time from 12/00/20 to 12/3121. On 12/28/21, Nanette issued a notice to extend the Lease to 4/30/22 and exercised the option to purchase the property. On 1/12/22, the parties executed the California Residential Purchase Agreement and Joint Escrow Instructons ("Purchase Agreement") and opened escrow with Nanette's deposit of $5,000. Shortly ther...