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