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...