Excerpt: ...een contacted and her financial situation and options had been explored. The compliant indicates she did not receive any mail or messages from Nationstar. (Complaint, 27.) However, the complaint does not say that she did not speak to anyone from Natonstar. 2 nd CofA: Based on recorded documents, Affinia Default Service, LLC, as trustee for the beneficiary, recorded the notice of default. This document was recorded on 2/23/18. (RJN Exhibit 6) Thre...

Excerpt: ...ta, early consumer complaints made exclusively to GM's network of dealers and directly to GM, aggregate warranty data compiled from GM's network of dealers, testing conducted by GM in response to consumer complaints, and repair order and parts data received by GM from its network of dealers (q 25); that Defendant knew or should have known about the transmission defect from consumer complaints that formed the basis for McKee v. General Motors LLC,...

Excerpt: ...fendant that rise to the level of abuse or neglect contemplated by the elder abuse statute. The gist of the allegations are the development of pressure ulcers (without any facts to support that they developed out of neglect), that the wounds were being treated (any failure would amount to not providing enough care, not a complete lack of care) and that Plaintiff was discharged (any additional claimed injury would not be as a result of care by Def...

Excerpt: ... to allege that the remedial provision of the Song-Beverly Act applies to Plaintiff's vehicle. The Complaint hardly alleges any facts and merely states that Plaintiff entered into a warranty contract with Ford; it neither alleges whether the vehicle was purchased new nor that the subject vehicle was sold with a manufacturer's new car warranty. Although the Complaint does not specify that the vehicle was purchased as a used vehicle, it nevertheles...

Excerpt: ...pu
Ÿng the language of the proposed order. The Tech-Bilt factors are, therefore, not relevant because this is not an issue of whether the se
©lement was made in good faith. Thus, the mo
Ÿon is denied as improper. Notwithstanding, the court can amend the language of the proposed order. Un
Ÿl an order is signed and entered, the court retains power to change its ruling or modify an order. (Bernstein v. Consolidated American Ins. Co. (1995) 37 Ca...

Excerpt: ...tatements made in the declarations in support of the application based on relevance, prejudice, lack of foundation, lack of personal knowledge, hearsay and false statement. Most of the testimony is relevant for background and context, and have sufficient foundation. There are, however, a few statements that constitute inadmissible hearsay. OVERRULE nos. 1-19, 21, 22, 24, 25-67; SUSTAIN as to nos. 20, 23. Defendants argue that a TRO may not be gra...

Excerpt: ...ith assumed Incryo, a business based in India, would know of any law or regulation preventing it from paying the $250,000 settlement by 11/5/21. (ld. '1 10.) Mr. Smith also assumed that Incryo was going to pay the entire $250,000 settlement before the deadline. (ld. 8.) Mr. Smith asserts that the payment was ready to be made, but was unexpectedly delayed by the Reserve Bank of India due to a regulatory obstacle that prevented Incryo from Page 4 o...

Excerpt: ...mano Decl. 1116.) The motion includes a copy of the billing entries for Plaintiffs counsel. (Romano Decl. Ex. 1.) Counsel took this case on a contingency fee basis and asserts the time spent and fees charged are reasonable. (Romano Decl. "19-20.) Defendant cites to various cases where courts reduced counsel's hourly rates in lemon law cases. Defendant argues that Plaintiff's attorney rates should be reduced to no more than $400/hour given the typ...

Excerpt: ...anscripts, and the x-rays and CT scans performed on Plaintiff. (Garg Decl. 92.) He opines that, to a reasonable degree of medical probability, the care and treatment provided by Dr. Robinson to Plaintiff was appropriate and complied with the standard of care. (Garg Decl. 938.) Garg states Robinson initially and correctly determined Plaintiff was not a surgical candidate because there was no fracture involving the glenohumeral joint or lateral bor...

Excerpt: ...rejudicial the delay is to opposing party because it becomes more difficult to replace counsel. The stage of litigation supports a finding of unreasonable delay. Defendants' answer identifying Marshall as counsel was filed on 3/11/22. This motion was filed on 3/15/23. Plaintiff was aware for cwer a year that Marshall would be representing Defendants before he raised this issue. This appears to be a lengthy delay. Also, relief provides a tactical ...

Excerpt: ... hearsay. The Retail Installment Sales Contract ("RISC") is properly authenticated by counsel Fisher who states that the document was produced by Plaintiff. (Fisher Dec., '1 1, Ex. A.) The statement by Nguyen regarding his reviewing the RISC is not hearsay and is based on personal knowledge. Though the next portion of his statement (i.e., "the [RISCI ... shows Gladys Lopez purchased the Subject Vehicle used with 38, 746") is inadmissible under Ev...

Excerpt: ...int was filed December 22, 2021. On April 8, 2022, Defendants Temecula Valley Athletic Club, lnc, Lani Morel and Ed Morel filed a demurrer and motion to strike as to the Complaint. On May 16, 2022, Defendant Erik Sardpon filed his Answer to the Complaint. Then on May 23, 2022, Plaintiff, without leave of court, filed a First Amended Complaint rather than file an opposition to the demurrer and motion to strike. CCP 5472 provides as follows: (a) A ...

Excerpt: ...s. (ld. at 26.) This is another theory of liability against Defendant. Plaintiff confirmed this in his opposition. (Plaintiff's Opposition, 13:12- 14.) Since Defendant has failed to address said allegations in its moving papers, it has failed to meet its initial burden as to the second cause of acton. Plaintiff has also provided sufficient evidence to establish a triable issue of material fact about whether the withholding of funds was proper. De...

Excerpt: ...re not required to do so. (Cruz Dec„ 9.) However, he does not state whether the refusal to sign affects employment. Plaintiff asserts that she was told that she had to sign the Arbitration Agreement to keep her employment. (Palagnas Dec., 2.) Although the Arbitration Agreement states that each party agreed to the terms voluntarily after an opportunity to discuss with legal counsel, Plaintiff again states that this was not true and that she was ...

Excerpt: ... motion for judgment notwthstanding the verdict (JNOV). (CCP 5629(a).) However, a JNOV moton occurs after the jury has rendered a verdict. (ld.; see Wegner, et California Practice Group: Civil Trials & Evidence S12:325 (Rutter Group 2022).) As explained by one court: While made at different times, the three motions are analytically the same and governed by the same rules. [Citation.] The function of these motions is to prevent the moving defendan...

Excerpt: ...im for negligent repair against Pedder. The dealer, Temecula Nissan, is not a party to this action. Moreover, the Complaint does not depend upon the RISC in asserting causes of action against the non- signatory manufacturer, and NNA's alleged misconduct is not founded upon or connected with the obligations of the RISC. Also, recently in Ochoa, 2023 WL 2768484 — the Court of Appeal for the Second District similarly declined to follow Felisilda, ...

Excerpt: ... to the seventh cause of action as to Ebert and SREG, without leave to amend; and • SUSTAIN as to the ninth cause of action, with 30 Days leave to amend. • SUSTAIN as to the eleventh cause of action as to Ebert and SREG, with 30 Days leave to amend. /// /// Page 3 of 3 1st COA: As with the previous complaint, there are no facts alleged in the FAC to support this statutory claim as against Ebert. Plaintiff admits in his Opposition that it was ...

Excerpt: ...ot otherwise established defective subject matter or personal jurisdiction in the underlying Oregon action. The notce of entry of judgment was served on Cynthia at Defendant's home address via substituted service on Johnny on August 20, 2021. (8/26/21 Proof of Service.) This motion was not filed until February 6, 2023—therefore, the motion is untimely. As to substitute service on Johnny, Evid. Ctxle S 647 provides that a registered process serv...

Excerpt: ... Alabama court order granting his request to stay the action to pursue this California action. The problem with the instant request is that Johnson does not have a quantum meruit claim in this action and does not address this fact in his motion. Thus, to the extent Johnson relies on the Alabama court order as new evidence to support his request to lift the stay it is not persuasive. There is nothing new as it relates to the claims asserted in thi...

Excerpt: ...mended complaint identifies two alleged misrepresentations made by SLS — the notice of default filed by SLS and a misrepresentation that SLS would send Plaintiffs an accounting of the $38,000.00 listed on the notce of default. (First Amended Complaint, 24 and 25.) There are, however, no allegations that show actual reliance in connection with the recording of the notice of default. As to the second representation regarding SLS (that an accounti...

Excerpt: ...ot otherwise established defective subject matter or personal jurisdiction in the underlying Oregon action. The notice of entry of judgment was served on Cynthia at Defendants home address via substituted service on Johnny on August 20, 2021. (8/26/21 Proof of Service.) This motion was not filed until February 6, 2023—therefore, the motion is untimely. As to substitute service on Johnny, Evid. Code S 647 prov-des that a registered prc„cess se...

Excerpt: ...tion for unfair competition. OVERRULE the sixth cause of action for misappropriation of trade secrets. DENY the motion to strike. Pilotte: SUSTAIN the general demurrer to the third cause of action for breach of contract, with 20 days leave to amend. OVERRULE the general demurrer to the sixth cause of action for misappropriation of trade secrets. DENY the motion to strike. Axia/Pilotte: OVERRULE the special demurrer. Axia and Pilot-te fail to expl...

Excerpt: ...dgment and motion to set aside judgment were heard on 1/12/23. The motion for summary judgment was continued to allow a supplemental expert declaration and supplemental reply. Plaintiff submitted a supplemental declaration from his expert Brad Avrit. Mr. Avrit's testimony indicates why he believes he has knowledge to testify regarding property management and sanitation issues in paragraph 5 of his supplemental declaration. He also states that he ...

Excerpt: ...scovery that may lead to admissible evidence just as in any other case. (Property Reserve, Inc. v. Sup. Ct. (2015) 6 Cal.App.5th 1007, 1017 ["80th the Eminent Domain Law (citations) and the Civil Discovery Act (citations) authorize the landowner to engage in discovery, subject to the court's conventional discretion to manage and limit the discovery's scope, manner, and frequency."l) While pre- condemnation activities are a different type of emine...

Excerpt: ...m. on August 8, 2020. (AR024.) Petitioner told Officer Leanos that he was driving his Can-Am at approximately 45-50 mph within the open campground area. He made a right turn, lost control, and flipped the vehicle 1-2 times. After the collision, Silva drove the vehicle back to his campsite and Brian Solorio called 911. Solorio sustained deep lacerations to his middle finger as a result of the crash and he was transported to Victor Valley Medical C...

Excerpt: ...e undisputed. While Plaintiff purports to dispute paragraph 8 of the Separate Statement regarding the dialogue between Davies and Deputy Leso because “Defendants selectively omit” dialogue regarding a violation of Penal Code § 602.1(a). However, it is clear from the video footage that the “omitted” dialogue regarding § 6.02.1(a) was not directed to Davies (that is, the dispute is not supported by Plaintiffs' cited evidence). Moreover, t...

Excerpt: ...der the terms of the Master Agreement and addendum. (TAC, ¶ 106.) The reasonable value for the work, labor and services was $500,000. (TAC, ¶107.) Plaintiff claims that this sum has not been paid to PSG by Charter. (TAC, ¶108.) The TAC states that, instead of paying PSG, beginning on April 5, 2019, Charter made payments to Precision for services rendered by PSG after receiving communications from Ornelas indicating that PSG was no longer opera...

Excerpt: ...his motion. (CCP § 437c(q).) GRANT the motion for summary judgment in favor of Wawanesa and against Plaintiff. Defendant to submit a Proposed Judgment Order within 10 Days. The named driver exclusion in the 2021 endorsement was conspicuously presented on an entire page, titled in all capital font, in bold, and advised the insured to read it carefully. (UMF No. 10.) There is also no dispute that Arnelle was an excluded driver in the 2021 policy f...

Excerpt: ...ome (CRPS). Plaintiff was examined by Defendant's anesthesiologist/pain management expert, who concluded Plaintiff does not suffer from CRPS but an “abnormal EMG/NCV” indicating Plaintiff has a “bilateral polyneuropathy of unknown origin.” Defendant seeks further examination by its retained neurologist Dr. O'Carroll “to determine the cause and origins of this co‐morbidity.” Defendant adequately explains in the supplemental brief tha...

Excerpt: ...on the rest as not material. Based on the arguments of notice and open and obvious, PK has met its initial burden and Plaintiff has failed to establish a triable issue of material fact. The second amended complaint alleges that the dumpster itself constituted a dangerous condition and PK failed to use reasonable care because it did not provide safety precautions or warnings for individuals who climbed into the dumpster. PK contends these claims f...

Excerpt: ...continued to 2/6/23. Mr. LaTorraca opines that a reasonable rate in this matter is between $225 and $300 per hour, based on a ruling almost five years ago, with no explanation of the complexity of the issues involved in that case. (LaTorraca declaration, ¶¶55‐57; Exhibit “10”.) This figure is not consistent with my own assessment of fees in this region and the other factors to be assessed in determining what would be a reasonable rate for...

Excerpt: ...y, the documents contain internal communications of FCA's engineers and personnel concerning analysis and investigation of alleged defects. The emails concern engineering team discussions on the investigation and application of vehicle recalls, tracking data for warranty claims, regulatory relations with governing bodies in foreign nations, and investigation methodology. (Decl. of Hendler, ¶¶5‐8.) Mr. Hendler asserts that the information is n...

Excerpt: ...dgment that comports with this ruling. The trial court's jurisdiction to act on remand from a higher court is defined by the terms of the remittitur. (Snukal v. Flightways Mfg., Inc. (2000) 23 Cal.4th 754, 774, fn. 5; People v. Dutra (2006) 145 Cal.App.4th 1359, 1368‐1369.) If the remittitur is ambiguous, the trial court can interpret it in light of the law and the appellate opinion to determine its duties. (People v. Dutra, supra, 145 Cal.App....

Excerpt: ...etailed declaration as to time spent on this portion of the case—the billing records currently lack sufficient detail. DENY Klein's costs related to court transcripts—he is not entitled to recover the court transcripts since (1) they must be pled and proven as part of trial; or, alternatively (2) this is an improper motion for reconsideration—Klein failed to make this argument in his opposition on the Motion to Tax. Timeline ▪ 7/13/17: Re...

Excerpt: ...iscretion to reduce costs to $37,500. Defendants are entitled to recover expert witness fees. (Code Civ. Proc., § 998, subd. (d).) The fact that the 998 offer was jointly made to all three plaintiffs does not render the offer void because plaintiffs shared a unity of interest. (Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 505; see also Farag v. ArvinMeritor, Inc. (2012) 205 Cal.App.4th 372, 382 [no need to apportion damages between s...

Excerpt: ...alth care provided by The Springs indicates that Nunzio Nino Lacriola is responsible for making health care decisions for Decedent. Hence, The Springs' argument that Plaintiff had power of attorney lacks merit. Additionally, Plaintiff's agreement that she had authority to act on Decedent's behalf in the arbitration agreement does not appear sufficient. See Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1164. An individual who i...

Excerpt: ... already had Plaintiff sit through one medical examination by its retained anesthesiologist/pain management expert, Dr. Zarembinski, based upon Plaintiff's claimed CPRS. (Declaration of Nikki K. Orr, ¶ 7.) However, Plaintiff also alleges permanent orthopedic injuries to his right foot and right leg resulting from the incident. (Id., ¶ 2; Complaint, ¶ 17; Opposition, p. 3.) Although Plaintiff contends Dr. Zarembinski “examined both the orthop...

Excerpt: ...on of Documents and/or lawful Subpoenas. The proof of service attached to the moving papers does not reflect that either Attorney Baldwin or the Riverside Sheriff's Department were served with notice. Further, pursuant to CRC Rule 3.1346, “[a] written notice and all moving papers supporting a motion to compel an answer to a deposition question or compel production of a document or tangible thing from a nonparty deponent must be personally serve...

Excerpt: ...ermine what issues must be admitted or denied, or whether the claims are directed against it. (Khoury, supra, 14 Cal.App.4th at 616.) The special demurrer on grounds of uncertainty is denied. In the FAC Plaintiff repeatedly conflates Pacific Inland and Parkside. Pacific Inland, however, is not a party to the Lease. Further, Plaintiff does not plead facts to demonstrate a breach of the MSA; rather Plaintiff simply alleges that the defendants breac...

Excerpt: ...21, 2022. The parties exchanged numerous, substantive meet and confer letters and met and conferred telephonically. It appears that the parties are now at an impasse. It appears that Defendant's counsel became antagonistic and inappropriately aggressive during the meet and confer process. Nevertheless, despite this hostility, the parties satisfied the meet and confer requirements of (Cal. Code Civ. Pro. §§2030.30(b); 2031.310(b)(2).). Defendant...

Excerpt: ...our causes of action arising out of a real estate transaction between Plaintiff and EPR DE: (1) breach of contract (against EPR DE); (2) breach of contract (against EPR DE); (3) fraud (against EPR DE and Schutte); and (4) alter ego (against Klein and EPR CA).[1] The default of the EPR defendants was entered, and default judgment was entered against them on the first three causes of action on 9/29/22. Following a court trial on this issue, Defenda...

Excerpt: ...ntitled to judgment as a matter of law. After the moving party has met its initial burden, the court's sole function on a summary judgment motion is to determine whether or not there are material facts in dispute. (Zavala v. Arce (1997) 58 Cal.App.4th 915, 926.) Plaintiff alleges the following causes of action in her complaint: (1) FEHA Discrimination based on sex discrimination; (2) FEHA violations based on pregnancy discrimination; (3) FEHA vio...

Excerpt: ... omission in a notice of public hearing, unless the court finds the error was prejudicial, the complaining party suffered substantial injury, and a different result was Page 3 of 5 probable had the error not occurred. ([Government Code] § 65010, subd. (b).) Neither prejudice, substantial injury, nor the probability of a different result may be presumed based on a showing of error alone. (Ibid.) ” (Rialto Citizens for Responsible Growth v. City...

Excerpt: ...ritten lease with defendant Jefferson Avenue Temecula, LLC to rent commercial space located at 27355 Jefferson Ave, #C/D in Temecula to operate a beauty supply store and salon starting November 1, 2019. Plaintiff alleges Defendant failed to timely deliver possession of the premises with a certificate of occupancy. Defendant now moves for summary judgment and/or adjudication of each cause of action. Defense relies on the fact that most of the issu...

Excerpt: ...t calls out a separate theory of liability. (Lilienthal & Fowler v. Sup. Ct. (1993) 12 Cal.App.4th 1848, 1853– 54.) Each arises from a distinctly separate legal obligation or claim of right and (2) each has its own set of elements that will be established by different evidence. In Zumbrun v. University of Southern California (1972) 25 Cal.App.3d 1, the court held that a special demurrer was properly sustained “where two causes of action ha[d]...

Excerpt: ...n documents without any intent to occupy or own the property, but rather, as an accommodation to the Defendant Cross complainant to enable her to borrow money from a lender when she otherwise lacked the financial wherewithal to finance the mortgage. Neither party has addressed the effect that this apparent fraud on the lender would have on the matter at hand in terms of whether either party can now move to enforce the ownership of the mortgage th...

Excerpt: ...ional or statutory right by threatening or committing violent acts; (2) that the plaintiff reasonably believed that if he exercised his constitutional right, the defendant would commit violence against him or his property; (3) that the defendant injured the plaintiff or his property to prevent him from exercising his constitutional right or retaliate against the plaintiff for having exercised his constitutional right; (4) that the plaintiff was h...

Excerpt: ...x sold, and delivered, the two pods to Mochi. Mochi paid for only one of the two pods and this failure to pay formed the basis for the judgment entered in favor of Podtronix in this case. Mochi possesses the two pods, which are located at Mochi's place of business. In support of showing of the need for a turnover order, Rerucha states that “[b]ecause of the physical construct of the business premises of Mochi, it would be impossible for the She...

Excerpt: ...m the late filing, and the court chooses to exercise its discretion and move forward with the demurrers. The moving declarations of Plaintiffs' counsel indicate that meet and confer efforts, including a settlement offer, took place from May 2022 through the end of September 2022. Defendants have satisfied their meet and confer obligation under Code of Civil Procedure, section 430.41(a). In their demurrers, Defendants fail to explain how any of th...

Excerpt: ...emetery. On August 09, 2022, a judgment was entered in favor of the Iverson Defendants after they had prevailed on their motion for summary adjudication. The judgment indicated the following concerning Defendants' entitlement to costs of suit: “As the prevailing party, pursuant to Code of Civil Procedure § 1032, Defendants, MICHAEL DENNIS IVERSON; LAW OFFICES OF MICHAEL DENNIS IVERSON, APLC; CHARLES BENJAMIN GRAFF and GRAFF & ASSOCIATES LAW FI...