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

Excerpt: ...hat he was not permitted to take bathroom breaks. As a result, Plaintiff allegedly developed abdominal pain. Plaintiff alleges that he sought medical treatment and was diagnosed with an intestinal disorder related to his inability to use the bathroom during working hours. Plaintiff requested an accommodation to have access to a toilet at all times. Plaintiff alleges that Defendant refused to accommodate. Plaintiff, who was 60-years old at the tim...

Excerpt: ...requested a two-week extension, but then on 7/11/22 served objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demandng code compliant verified further responses. (ld., 7.) After obta-ning another two-week extension, Plaintiff served verified responses on 8/9/22 and produced 13 pages of Bates labeled documents. (ld., '1 11-12, Exh. 3.) On 8/26/22, Tilt met and conferred as to the substantive responses and requested f...

Excerpt: ...anty, from Defendant. (Complaint, "14, 7.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty, which Defendant was unable to repair. (See Complaint generally.) The Complaint sets forth causes of achon for: (1) Violation of Song-Beverly Act, Express Warranty; (2) Violation of Song-Beverly Ac...

Excerpt: ...sing her to suffer complications. She later learned her ureter had been cut during the procedure. As to defendants Mary C. Gentle, M.D. ("Gentile") and Jason Desadier, D.O. ("Desadier"), Plaintiff alleges they provided care and treatment to her followng the surgery and failed to diagnose the condition. Plaintiff filed the Complaint on February 2, 2022, alleging a single cause of action for medical malpractice. Evidence supporting the motion: Plai...