Excerpt: ...e lane line and were not visible to Plaintiff. Plaintiff contends that said lane dividers created a dangerous condition and there was no warning of the dangerous condition. He asserts one cause of action against the City of Corona ("City") for dangerous condition of public property. City brings this motion for summary judgment. It contends there is no dangerous condition of public policy because the lane dividers, referred to as Botts' Dots, were...

Excerpt: ...Property") but that Defendant breached the Agreement and refused to sell the Property. (Complaint, "1 4, 8-10.) The Complaint sets forth claims for breach of contract and declaratory relief and seeks specific performance. Plaintiffs complaint was filed on 9/10/21. According to the proof of service filed on 11/4/21, Defendant was personally served with the Complaint at the Property on 10/15/21. Defendant failed to file a timely answer to the Compl...

Excerpt: ... married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, they discussed investing in real estate in the United States. In 2019, Defendants informed Plaintiff they were traveling to the United States, and offered to assist her with applying for a Visa and in locating and purchasing real estate on her behalf. Defendants helped Plaintiff to purchase three proper...

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...