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: ...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: ... 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: ...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: ...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: ...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: ...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...