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: ...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, ...