Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...

Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...

Excerpt: ...tes. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pr...

Excerpt: ...ited to the documents used in connection with Plaintiffs' claims; and Nos. 28, 32 -33, and 36, with the requests limited to documents used by GM to determine whether to make a prelitigation offer to repurchase Plaintiffs' vehicle, and what to include in that offer. De nied as to the remaining RFPs. Deny the request for sanctions. The documents are to be produced within 30 days of this order. Factual and procedural background: On 3/6/23, Plaintiff...

Excerpt: ...ently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs.” (Id.) Hearing on this matter is continued to 3/27/24 at 8:30 a.m., Dep artment 5 to allow Defendant to provide information to support his assertion that he is indigent. Factual and procedural background: This matter went to trial in July 2023....

Excerpt: ... acted as their agents. The Neros countered Ikonte's offer, which was accepted by Ikonte. Ikonte alleges that he was later notified by Hundal and First Team that the seller was backing out and accepting another offer. Ikonte demanded that the Neros perform under the agreement, they refused to do so. The complaint was filed on 12/23/20 and asserts the following causes of action: (1) specific performance for breach of contract, (2) damages for b...

Excerpt: ...cent Hospital , Inc. Defendant's default was entered and a default judgment was filed on 4/12/23. On 8/10/23, ACNAR filed a motion to add non- party Magave Care Inc. (Magave) as a judgment debtor via successor liability under CCP § 187. Magave filed an opposition. The Court issued a tentative ruling to deny the motion. At the hearing on 10/10/23, the court heard oral argument and adopted its tentative, denying the CCP § 187 request. Magave m...

Excerpt: ...ned total rea sonable amount of $4800.00 payable by Defendant to Plaintiff. Factual and procedural background: Plaintiff began working for Defendant as a yard truck driver in January 2022. On 7/28/22, Plaintiff was injured when a pallet of four mini refrigerators fell out of a shipping container and dropped on Plaintiff's shoulder. Additionally, the shipping container door swung open and hit Plaintiff's ribcage. Plaintiff continued working for th...

Excerpt: ...ffs”) purchased a 2013 Jetta City (“subject vehicle”), which was manufactured or distributed by Defendant Volkswagen Group of America, Inc. (“Defendant”). Defendant provided warranties with the subject vehicle. Plaintiffs allege that the subject vehicle developed nonconf ormities and defects, including engine defects, during the warranty period. Plaintiffs delivered the subject vehicle to authorized repair facilities, but Defendant's ag...

Excerpt: ...s. Factua l and procedural background: Plaintiff filed its original Complaint on 8/23/23, sought injunctive relief for violation of the Immigration Consultant Act. Defendants Delia Gomez Bazan and Azteca Taxes & Auto Insurance Services, LLC. The First Amended Comp laint was filed on 9/14/23. Defendants demur to the entire FAC on grounds that it fails to state facts sufficient to constitute a cause of action, fails to allege any actionable alleg...

Excerpt: ...olkswagen ID4 at or near the intersection of SR62 and I-10 while heavily intoxicated, crashed into the back of Grace, who was driving a motorcycle, and then continued forward colliding with a guardrail. (Complaint, ¶¶ 3-14, 22-25.) As a result of the collision, Grace was severely injured. (Complaint, ¶¶ 15, 26-30.) Schumacher was arrested at the scene for driving under the inßuence of alcohol/drugs. (Complaint, ¶ 16.) The Complaint sets for...

Excerpt: ... by Defendants from January 2014 to April 2017. (Complaint, ¶¶ 7-8.) Plainti
¯s allege that during their tenancy they repeatedly complained to Defendants about maintenance of the septic well/tank and repeatedly requested that Defendants change the water Þlters connected to the Property in order to avoid contamination of the water from harmful bacteria. (Complaint, ¶¶ 12.) However, Defendants ignored Plainti
¯s' requests and failed to maint...

Excerpt: ...icial notice may be taken of “[f]acts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evidence Code, §452(h).) Such facts and proposition may include the parties' contract. (Salvaty v. Falcon Cable Television (1985) 165 Cal.App.3d 798, 800.) Granted as to Exs. B-C (Plainti
¯'s discovery responses). “[A] complaint'...

Excerpt: ...ll expenses including upgrades, and within 30 days of closing, Defendant agreed to execute a new grant deed naming Plainti
¯ and Defendant as joint tenants in common with each holding a 50% ownership interest in the real property. Defendant did not execute the new grant deed, and Plainti
¯ Þled a lawsuit seeking speciÞc performance of the Agreement and obtained a judgment stating that Plainti
¯ is a tenant in common with a 50% ownership in t...

Excerpt: ...alleges that defendant Jea So (“Defendant” or “So”) swindled him out of his retirement savings by convincing him to invest in her company, defendant 100Bio, LLC (“Company”). (Second Amended Complaint (“FAC”), ¶¶ 8, 9.) Plainti
¯ alleges So represented that she was well experienced in the biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (Id., ¶ 10.) Defendant So was the founder ...

Excerpt: ...cts that Thor's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled ...

Excerpt: ...Reel Fathers Rights (“RFR”) and Mark A. Reel, Jr. (“Mr. Reel”) (collectively, “Defendants”) in April 2022 as a Managing Attorney of RFR, a law Þrm dedicated to representing fathers in family law matters. (Complaint (Compl.) ¶¶ 8–10.) Plainti
¯ executed an Employment Agreement on 4/21/2022, and began working for Defendants on 5/2/2022. (Id. at ¶¶ 10–11.) Under the Employment Agreement, Plainti
¯ was to be provided 10% equity...

Excerpt: ...side, Inc., Riverside Healthcare Systems, L.P. as a resident physician at Riverside Community Hospital in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plainti
¯ alleges the defendants discriminated against her based on age, sex, national original, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, su
¯ering from a spinal defect. She alleges that individ...

Excerpt: ... of GM. (FAC at ¶ 4.) The vehicle, and the transmission it contained, were manufactured by GM. (FAC at ¶¶ 4, 14, 16.) GM provided a full warranty of the vehicle and all its parts. (FAC at ¶¶ 9-10.) The vehicle was equipped with a defective Hydra-Matic 8L90 transmission (“transmission”). (FAC at ¶ 4.) GM knew the transmission had defects and failed to Þnd the cause or Þx those defects. (FAC at ¶ 4.) Despite this, GM marketed the trans...

Excerpt: ...and this indemniÞcation action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. On 10/20/23, Plainti
¯ Þled an application for writ of attachment. The amount to be secured by the attachment is $53,664.60 which includes estimated co...

Excerpt: ...r's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled in Indiana. ...

Excerpt: ...), alleging (1) wrongful termination in violation of Lab. Code § 1102.5(b); (2) wrongful termination in violation of Labor Code (Lab. Code) § 6310(a)(1); (3) wrongful termination in violation of Lab. Code § 98.6; (4) wrongful termination in violation of public policy; (5) failure to provide meal periods; (6) failure to provide rest periods; (7) failure to pay minimum wage; (8) failure to reimburse expenses; (9) failure to pay Þnal wages; and ...

Excerpt: ...background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Directors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that the Board Members failed...

Excerpt: ...l.App.4th 690, 697.) Factual and procedural background: Plaintiff purchased a 2019 Chevrolet Silverado on 8/10/19 from Riverside Chevrolet. Plaintiff alleges the vehicle was equipped with a defective Hydra-Matic 8L90 transmission. (First Amended Complaint Plaintiff generally alleges that GM permitted its vehicles equipped with defective Hydra-Matic 8L90 transmissions to be placed into the stream of commerce despite knowing there were a myriad of ...

Excerpt: ...ough its sole director, offcer and agent for service of process, Joshua Spatig, acknowledges that he received a letter dated 2/2/21 that a hearing was going to scheduled pursuant to S 98 of the Labor Code. The letter also provided that pursuant to Labor Code S 98(a) he was to notify the Labor Commissioner in writing of any change in business or personal address within 10 days. The Labor Commissioner contends that notce of the hearing along with s...

Excerpt: ...ion for summary judgment set for 3/29/23. Defendant Kuo moves for a protective order excusing him from responding to discovery contending that he was not a driver nor owner of the vehicle. He points out Plaintiffs have refused to dismiss him and therefore, an improper party. He requests sanctons of $1,460.00. Plaintiffs oppose the motion on the grounds that discovery is broad and there is no oppression for discovery. In reply, Defendant contends ...

Excerpt: ...off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (TAC 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 Company....

Excerpt: ...11, 12, 13, 15, 16, 17, 18, 19, 20, 21. Overruled as to Nos. 1, 2, 3, 4, 5, 8, 9, 14. Factual and procedural background: On 3/2/22, Plaintiff filed the Complaint in this action against Defendant GM, asserting the causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song8everly Act, and (3) fraudulent inducement - concealment, relating to his 2017 Chevrolet Silv...

Excerpt: ...lippery substance on the floor, sustaining serious injuries. (Compl. 17, 18, 25, 25.) At all relevant times, the Vons store was owned, operated, controlled, supervised, and maintained by Defendants Vons Grocery Companies, Inc. dba Vons Grocery Company ("Vons" or "Defendant"), Albertsons Companies, Inc. and Stuart Blake (collectively, "Defendants"). (ld. at 17, 25.) On 4/20/2023, Plaintiffs Katherine Muniz and Armando E. Muniz filed a Complaint ag...

Excerpt: ...s 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. Defendants brought a motion for summary judgment arguing Plaintiff's claims were barred by the applicable statute oflimitations. Opposition to the motion was due on 10/24/23. On 11/1/23, Plaintiff filed an ex parte request to continue the hearing so she could conduct further discovery. The ex parte request was denied. Plaint...

Excerpt: ...lations because Plaintiff was not a "borrower" as defined by the statute, and therefore he lacks standing to bring an action for HBOR violations. Factual and procedural background: Decedent Christopher Ryan Delong ("Decedent") was the owner of a residential real property in Canyon Lakes, California ("Subject Property") per grant deed recorded on 11/8/05. On 1/20/06, Decedent obtained a loan secured by a Deed of Trust ("DOT") against the Subject P...

Excerpt: ...ry conference and whether hearing should be set for the appointment of a discovery referee. On the Court's own motion, there are to be no further discovery motions filed without approval of the Court. Granted as to No. 17.1 as it relates to Request for Admissions Nos. 126 and 127 only. The motion is otherwise denied including the request for monetary sanctions. Factual and procedural background: The First Amended Complaint (FAC) filed on 9/22/22 ...

Excerpt: ...ferencing and then provide a joint outline of the items that remain in dispute. (Cal. R. Ct. 3.1345(b)(2).) Legal authorities and analysis: A party may file a motion compelling further answers to requests for production if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (CCP 52031.310.) Unless notice of the motion is given within 45 days of the service of the respo...

Excerpt: ...cle") which was distributed and warranted by Defendant American Honda North America ("AHW or "Defendant"). Plaintiffs allege the Subject Vehicle was unsafe with recurring electrical, engine, and brake problems, which Defendant was unable to repair. On 11/9/22, Plaintiffs filed a Complaint alleging violations of the Song-Beverly Consumer Warranty Act Express, and Fraudulent Inducement Concealment. Page 5 of 8 On 12/13/22, Plaintiff returned an exe...

Excerpt: ...e 2—20, alleging (1) battery, (2) intentional infliction of emotional distress ("IIED"), (3) negligent hiring, and (4) negligent retention. He alleges that on 6/5/2021, he encountered Doe 1 in the city of Corona, where he was working as a construction worker. (FAC '1 6.) Plaintiff alleges that Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. (ld.) As a result, Plaintiff alleg...

Excerpt: ...operty and general negligence. In the Complaint, Plaintiff alleges that on 8/21/22, he was riding his electric scooter on Elder Avenue, a public roadway, near the McDonalds located at 12371 Perris Boulevard, Moreno Valley, California, and fell due toa large pothole in the street. (Complaint at 6, 15.) The pothole was approximately 2 inches deep at its deepest point, with jagged and uneven edges and elevation changes throughout the hole, and it cr...

Excerpt: ... and (3) declaratory Page 6 of 9 relief. Caliber seeks to quiet title its security interest under a deed of trust to that of West Coast which Caliber contends is subordinated to its deed of trust, and a judicial declaration that West Coast has no right, estate, title, lien or interest whatsoever in the subject property that is superior to that of Caliber. Caliber's claim of superior security interest is based on the doctrine of equitable subrogat...

Excerpt: ...fees plus $60 filing fee against Defendant and counsel, which amount the court finds reasonable. Factual and procedural background: Plaintiffs purchased a 2020 Honda Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant"). Plaintiffs allege Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant") was unsafe with recurring e...

Excerpt: ...iled on 10/3/23 alleges the following causes of action: (1) negligence; and (2) negligence per se. Defendant seek to strike the portion of the Complaint that allege punitive damages on grounds the allegations are insufficient. Legal authorities and analysis: Pursuant to CCP Section 436, the court is permitted to: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not d...

Excerpt: ... McCarthy. According to the Complaint, "On or about November 18, 2020, plaintiff Jason R. Rangel was the driver of a vehicle... and at the same tme and place defendants, and each of them, so negligently owner, controlled, repaired, entrusted, maintained, and operated an automobile as to cause to, and did, become involved in an accident or collision, injuring and damaging plaintiff." Defendant asserts that he breached any duty or cause the acciden...

Excerpt: ..."), and Defendant Fleet Financial Resources (hereinafter referred to as "Fleet") in or about February 2017. Marlin Leasing Corporation ("Marlin") is also a named defendant. In or about February 2017, Plaintiff leased a customized 2015 Mercedes Sprinter hereinafter referred to as "Vehicle") from A-Z. Fleet provided financing services for the lease. The events that occurred regarding the lease was generally described in 11 through 16 of the FAC. At...

Excerpt: ...an employee of non-party Amazon, as a warehouse worker, was injured on the job by an improperly secured pallet of cardboard inside a trailer he was attempting to unload. Plaintiff alleges that the cargo came from Defendant International Paper Company ("IPC"), who contracted with Defendant National Distribution Centers, LLC ("Defendant") and Jess Diaz Trucking ("Jess Diaz") to load, transport and deliver its products. On 8/17/22, Plaintiff filed h...

Excerpt: ... payment for depreciation for repairs made to his home after a roof leak, and for personal property that was damaged, which Plaintiff alleges were covered under his homeowners policy. Plaintiff claims the alleged withholding of policy benefits was done in bad faith. The Complaint was filed on 6/7/22 and alleges causes of achon for breach of contract and bad faith. By these motions, Defendant moves to compel Plaintiff to provide further responses ...

Excerpt: ...to conform with express and implied warranties. On 8/1/23, Plaintiffs filed the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code S 1790 et. seq.. Defendant mcwes to stay the matter under CCP 5410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be filed in Indiana. Plaintiffs oppose, arguing among other thin...

Excerpt: ...cedural background: Petitioners allege that they own real property located at 14801 Amorose Steet in Lake Elsinore, which is zoned R-1 12000 in the County of Riverside. Petitioners allege the property has stayed in the same condition and used in the same manner since 1987 when their parents bought the property. Further that between 2022 and 2023 they were targeted by were targeted by code enforcement officer Britt Starkweather ("Starkweather") fo...

Excerpt: ...es. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pri...

Excerpt: ...ted by Plaintiff. McGee Contracting failed to cure the mechanic's liens. Defendant Jason McGee is alleged to be the alter ego of McGee Contracting, who used the funds on his other entiW, Defendant Jeptha Trucks, LLC. The complaint, filed 11/3/22, asserts: (1) non-disclosure (McGee Contracting and Jason McGee); (2) intentional misrepresentation (McGee Contracting and Jason McGee); (3) breach of contract (McGee Contracting); (4) breach of implied c...

Excerpt: ...filed an original Complaint against GM, alleging "breach of warranty" claims under the Song- Beverly Consumer Warranty Act, as well as a common law "Fraud - Fraudulent Inducement- Concealment" claim. GM filed a demurrer to Plaintiff's originally filed Complaint against their Fraud-Fraudulent Inducement-concealment claim. Before GM's hearing on its demurrer could be heard, Plaintiff filed his First Amended Complaint (FAC), which includes the same ...

Excerpt: ...RCS, which owns a neighboring property, has trespassed onto the Property and has caused a nuisance by allowing stone walls, trees and/or fences to encroach upon the Property. (FAC, 10, 12.) Plaintiff further alleges that the City has condoned RCS's actions by failing to enforce zoning ordinances. (FAC, 11.) The FAC sets forth five causes of action against both defendants: (1) public nuisance; (2) private nuisance; (3) trespass; (4) negligence; an...

Excerpt: ...acific Dental Services, LLC ("PDS") and administered by Blue Cross of California ("Blue Cross"). Prior to having procedures performed, Plaintiff contacted PDS and Blue Cross and received information that Aquino had insurance coverage. Based on the information provided, Plaintiff provided services to Aquino. When it submitted claims to Blue Cross and PDS, it was reimbursed at a significantly lower rate. The First Amended Complaint ("FAC") asserts ...