Excerpt: ...Street, Suite 108, La Quinta, CA 92253, was in a dangerous condition because of placement of a black electrical cord positioned on the service of said sidewalk during the evening hours on 10/18/18, plaintiff was walking on said sidewalk and was caused to trip and fall . . . as a result of her foot contacting the black electrical cord . . .” (UF 2.) Plaintiff further alleges that Defendants Marvin Investments, Old Town La Quinta, LLC and Prieto ...

Excerpt: ...ionable conduct. The moving party to submit supplemental declaration providing authenticated revised time records (itemized per task completed) for attorney's fees and costs incurred for the following: (1) Meet and confer efforts on November 29th and 30th of 2019 and preparing related declaration re meet and confer for the Issues Conference pursuant to Local Rule, title 3, rule 3401(3). (2) Preparation of pre‐trial documents pursuant to Local R...

Excerpt: ...ed a Cross‐Complaint against PNMAC for Cancellation of Instrument. Defendant PNMAC Mortgage Co., LLC demurred to the single cause of action in Cross‐Complainant CitiMortgage, Inc.'s Cross‐Complaint on the grounds that the action failed to state facts sufficient to state a cause of action against PNMAC. On 6/16/20, the court sustained the demurrer and granted CitiMortgage 30 days leave to amend the CC. CitiMortgage filed a FACC against Cross...

Excerpt: ...ach of express warranty; (2) violation of Song Beverly – breach of implied warranty; (3) violation of Civil Code §1793.2; and (4) fraudulent inducement – concealment. Defendant demurs to the 4th cause of action on the grounds that it fails to state facts sufficient and is uncertain. It argues that the economic loss rule applies and contends that the limited exception for fraud only applies as an affirmative misrepresentation or an independen...

Excerpt: ... The settlement agreement provides that Plaintiffs would dismiss the action and Defendants would issue a promissory note in favor of Plaintiffs for $2.56 million at 10% interest, and a second deed of trust. Defendants warranted that the senior deed of trust (held by R2H, LLC) was current and no default. On 3/5/18, R2H sent Defendant GMS a notice of default regarding the senior deeds of trust. On 4/24/18, R2H recorded two notices of default for a ...

Excerpt: ...d architectural oversight and management for the development and construction of four separate mixed‐use commercial development projects, each of which was to consist of an ARCO AMPM gas station and convenience store, express tunnel car wash and multiple retail, restaurant and hospitality facilities in Southern California and that Defendants represented that they had the experience to provide these services when in fact they did not and that as...

Excerpt: ...(identified in the Complaint as Brenda V.), Plaintiff alleges the following: BRENDA V. conspired with DOES 1 and 2 to help them steal plaintiff's property and escape from StorAmerica's secured premises without being apprehended by authorities, in part by: (a) not alerting law enforcement or StorAmerica's security personnel and/or management to the fact that an alarm had sounded when DOES 1 and 2 broke into plaintiff's storage unit; (b) manually o...

Excerpt: ...o. (2004) 119 Cal.App.4th 855, 862.) An insurer is required to show the policy language supporting its position is so clear that parole evidence would be inadmissible to refute it. (Ibid.) Here, the parties do not disagree on the language of the policy. Instead, they disagree about its interpretation and application. The interpretation of an insurance policy is usually a question of law. (Waller v. Truck Ins. Exchange Inc. (1995) 11 Cal.4th 1, 18...

Excerpt: ...f the FEHA; and( 6) Wrongful Termination in Violation of Public Policy 4 against his former employer, Defendant Professional Community Management of California, Inc. (PCM). In response, PCM filed this motion to dismiss or stay based upon the grounds that Plaintiff executed two Nondisclosure Agreements that contain a clear forum selection clause requiring Page 4 of 5 any lawsuit brought against PCM, arising from plaintiff's purported employment wi...

Excerpt: ... “CHRISTOPHER DAKOVICH ‐ AGENT FOR SERVICE” at “POSTAL CENTER‐ PLACE OF MAILING 12403 Central Ave #706 Chino, CA 91710‐ 2604.” (POSs filed 12/12/2019.) Dakovich's service address, however, is 14071 PEYTON DRIVE, UNIT 369, CHINO HILLS, CA 91709. (See Bradford Decl., Exh. D.) The Chino Postal Center address is the address listed for Methot in his corporate filings. Methot states that he received no notice from the Postal Center of eit...

Excerpt: ...ourse materials prior to the start of classes; and/or off‐duty rest breaks and/or meal breaks; and itemized wage statements containing entries for the hours worked and hourly rates in effect. The parties have reached a settlement in the amount of $700,000, which amount includes $20,000 in PAGA penalties, attorneys' fees in the amount of $233,333.33 and a maximum of $30,000 in settlement administration costs, although the settlement administrato...

Excerpt: ...ll off a ladder and suffered severe injuries. When he returned to work four days later, with medical restrictions limiting Plaintiff to modified light duty. Defendants refused to place Plaintiff back to work and eventually replaced him. On 7/17/19, Plaintiff filed his complaint for: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in interactive process; (4) retaliation; (5) wrongful termination in violation of pub...

Excerpt: ...t Brown was not acting in the course and scope of his employment with Forest Lawn when the accident occurred. Forest Lawn moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employment with Forest Lawn when the accident occurred. There is a triable issue of fact whether Brown was acting in the course and scope of his employment with Forest lawn when the acc...

Excerpt: ...sis that Brown was not acting in the course and scope of his employment with Forest Lawn when the accident occurred. Forest Lawn moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employment with Forest Lawn when the accident occurred. There is a triable issue of fact whether Brown was acting in the course and scope of his employment with Forest lawn when ...

Excerpt: ...f Song‐Beverly Act – breach of implied warranty, 3) violation of Song‐Beverly Act section 1793.2, and 4) fraudulent inducement – concealment. The FAC alleges as follows: • On July 2, 2016, Plaintiffs purchased a new 2016 Nissan Sentra with a period lasting 36 months or 36,000 miles, whichever comes first, and powertrain coverage lasting 60 months or 60,000 miles, whichever comes first. • The vehicle was delivered to Plaintiffs with se...

Excerpt: ...that the pool equipment was not maintained and the backwash procedure was performed improperly. More specifically, as to the cause of action for strict liability Plaintiffs allege the following: Defendants, and each of them, also knew or should have known that backwashing procedures, as performed on July 17, 2017, with the use of chlorine gas, cannot be made reasonably safe while bathers are using the pool; i.e. Defendants knew that the pool shou...

Excerpt: ... despite knowing that he suffered from severe bipolar disorder, had threatened to kill people and was likely to commit an act of violence. An order for financial discovery under Section 3295(c) requires the court to (1) weigh the evidence presented by both sides “and (2) make a finding that it is very likely the plaintiff will prevail on his claim for punitive damages.” (Jabro v. Sup.Ct. (Hill) (2002) 95 Cal.App.4th 754, 758.) Defendants offe...

Excerpt: ...� 11207 and (9) conversion arises out the cyber theft of Plaintiff buyer's Kenneth Townsend's purchase money that he had placed into escrow with Defendant First American Title. The gravamen of the action is that a computer hacker accessed Plaintiff's unprotected personal information from First American and used that information to cause Plaintiff to transfer the purchase funds from his bank account at Defendant BofA to an account at Defendant Sun...

Excerpt: ...5) breach of the CC&Rs of Indian Canyon & 18th Property Owners Association, (6) real estate seller's nondisclosure, (7) intentional Page 4 of 6 misrepresentation, (8) negligent misrepresentation, (9) reformation, (10) declaratory relief, and (11) injunction are based on and/or arise out of the Plaintiff Alpenglow Management Group LLC, Brightside Estate Holdings LLC, and En Primeur, LLC's purchase and ownership of two lots. Plaintiffs purchased tw...

Excerpt: ...iolation of Commercial Code 11202, § 11204, § 11205, § 11207, and (9) conversion arises out the cyber theft of Plaintiff buyer's Kenneth Townsend's purchase money that he had placed into escrow with Defendant First American Title. The gravamen of the action is that a computer hacker accessed Plaintiff's unprotected personal information from First American and used that information to cause Plaintiff to transfer the purchase funds from First Am...

Excerpt: ... did not include signed consent forms from the consumers whose records were sought as required by CCP §1985.3(f). Desert Jet is the consumer and Plaintiff did not attempt to obtain Desert Jet's consent. Plaintiff also did not obtain the Wilson's consent despite seeking telephone records of phone numbers they use. Moreover, the subpoena is overbroad. Plaintiff's opposition misstates the scope of the subpoena, as the subpoena actually requests rec...

Excerpt: ...n's Market & Grill, Inc. (“Defendant”) as a cook for over 13 years. On September 7, 2018, Defendant issued him a wage statement without a check or a direct deposit to pay Plaintiff's wages. He complained Page 6 of 10 about his unpaid wages and was provided a personal check for $232.25. After complaining, he was prevented from working and was not scheduled to work until a month later. He filed a complaint asserting individual claims and one Pr...

Excerpt: ...discrepancy between the account name and the account number. The court is mindful that Plaintiff in paragraph 69 states that SunTrust “knew or should have known that account that received the money was not owned by First American……..” If Plaintiff can make such representations the court will grant leave to amend. This compliant for (1, 2, 3) negligence, (4) professional negligence, (5) breach of fiduciary duty, (6) breach of contract, (7)...

Excerpt: ...o cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. CC § 3294(c)(1). While the underlying claims may be generally alleged, specific factual allegations are required to support a punitives claim. (Smith v. Sup.Ct. (Bucher)) (1992) 10 Cal.App.4th 1033, 1041–1042; (Anschutz Entertainment Group, Inc. v. Snepp) (2009) 171 Cal.App.4th 598...

Excerpt: ...s as set forth in the operative Complaint. RESPONSE: Objection. This request calls for information protected by the attorney‐client privilege and the attorney work product doctrine. NO. 11: All DOCUMENTS RELATING to inquiries or investigations conducted by DEFENDANT and/or its non‐attorney agents as a result of PLAINTIFF's allegations as set forth in the operative Complaint. RESPONSE: Objection. This request calls for information protected by...