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