Excerpt: ...ection 761.020. All other grounds are denied. Leave is granted to allow Plaintiff to file an amended complaint within 30 days. Factual / Procedural Context Plaintiff Garrett Gottschalk brings the instant action on behalf of three related limited liability companies in which he is a managing member. Plaintiff has a 50% membership interest and is the managing member in LLC and G&H Group, LLC (a Montana LLC). Both LLCs do business exclusively in Cal...

Excerpt: ...9, Plaintiff purchased a new 2019 Nissan Rogue (the "Vehicle"), which was backed by an express warranty, from non- party Riverside Nissan. (Complaint, 8-11, 61, 71-72; Declaration of Edgar J. Salinas in Support ("Salinas Decl."), '1 3, Exhibit B.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and that other defects and nonconformities manifested within the applicable warranty period, which N...

Excerpt: ...l modify paragraph 17 to ensure compliance with CRC 2.550 and 2.551. Factual / Procedural Context On August 5, 2017, Plaintiff Robert Whitton ("Plaintiff") purchased a 2017 Ford F-150 ("Vehicle") from the non-party dealer, Sunrise Ford. (Comp. , '1 10.) The Vehicle was backed by a written warranty from Defendant Ford Motor Company ("Ford"). (Comp., 10-11.) Plaintiff alleges that serious defects and nonconformities to warrant manifested during the...

Excerpt: ...and the original Trustee of the Trust. (FAC, 8-9). Love had a long history of alcohol abuse, and his alcoholism worsened over the years. (FAC, 16, 18-21.) His alcoholism contributed to his divorces and health problems. (FAC, 16, 20, 23, 31-33.) In the summer or fall of 2015, Love met Cynthia Elaine Rose ("Rose"). (FAC, 10, 22.) Defendant is Rose's adult son. (FAC, '1 26.) Love and Rose began cohabitating in or around 2015 at property (the "Proper...

Excerpt: ... this Song-Beverly case on February 22, 2022 against defendant American Honda Motor Co„ Inc. ("Defendant"). On May 23, 2022, Defendant served Plaintiffs with Notices of Deposition and Requests for Production of Documents at Deposition for and production date of June 7, 2022. (Declaration of David L Chaffin, '12, Ex. A and B.) ["Chaffn Decl.".l On May 16, 2022, Plaintiff's counsel, Kevin Y. Jacobson, served objections to the deposition notices o...

Excerpt: ...2, 75, 78, 81, 86, 87, 90. The Court grants the motion to compel further responses to Special Interrogatories 2, 5, 7, 10, 14, 23, 25, 40, 42-46, and 59. The Court denies the motion to compel further response to Form Interrogatory 12.1. The Court orders further responses to all discovery to be provided in 30 days. Factual / Procedural Context Plaintiffs purchased a 2019 Chevrolet Silverado on October 21, 2019. (Comp. 95.) The vehicle came with a ...

Excerpt: ...l., CPG, Civil Trials and Evidence (TRG 2014), S 18:115, p. 18-29, citing carney v. Simmonds (1957) 49 cal. 2d 84, 90.) In pertinent part, CCP S 657 provides the grounds for a new trial and states: The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially a...

Excerpt: ... when the vehicle he was a passenger in was involved in an accident. He has named Mammoth Electric, Inc.; County of Riverside; Jabari Tutankhamun Gillett; Alfredo Amezola; Clarence Gillett; Jesus Ampelio Sanchez Santos; and Jorge Avendano Sanluis as defendants. The complaint asserts one cause of action for negligence. Some of the defendants have filed cross-complaints against each other for indemnity. Jabari Tutankhamun Gillett and Clarence Gille...

Excerpt: ...("Policies") to Defendant K&N Engineering, Inc. ("Defendant") from 2015 through 2020. The Policies included coverage for personal and advertising injuries. On February 16, 2022, FCA US, LLC ("FCA") filed a Complaint against Defendant for violations of Bus. & Prof. Code 517200 et seq. ("UCL") based on allegedly false or misleading advertising ("FCA Action"). Plaintiff agreed to defend Defendant in the FCA Action under a reservation of rights, incl...

Excerpt: ....6, 204.3-204.4, 204.6-204.7, 206.2-205.3, 207.1-207.2, 208.1- 208.2, 209.2, 211.1, 214.1-214.2, 215.1-215.2. 3) special Interrogatories, Nos. 1-34. 4) Requests for Admissions, Nos. 1-50. 5) Requests for Production of Documents, Nos. 1-86. Defendant is ordered to provide responses within 30 days from notice of this order. The Court denies the request for sanctions. Factual / Procedural Context: In August 2021, Plaintiff Kailey Carrillo ("Plaintif...

Excerpt: ...he fifteenth and sixteenth causes of achon for (1) Survival Action: Dangerous Condition on Public Property; and (2) Wrongful Death: Dangerous Condition on Public Property. As to defendants Nagle and CHP, the demurrer is sustained with 30 days leave to amend as to the eleventh, twelfth, thirteenth, fourteenth, and seventeenth causes of action for (1) Survival Action: Negligence; (2) Wrongful Death: Negligence; (3) Survival Acton, and (4) Loss of C...

Excerpt: ...er 13, 2023 at 8:30am. All parties are ordered to file an updated CMC statement prior to that hearing. Factual / Procedural Context: This is a trade secret misappropriation case. Plaintiff YYC Management Inc. alleges it is engaged in the business of shipping and logistics, provding shipping, warehousing, planning and cargo management for customers. Plaintiff's customers (primarily freight forwarders, manufacturers and/or distributors) place order...

Excerpt: ...manufactured or distributed by Defendant FCA US, LLC ("Defendant" or "FCA"). Plaintiff alleges that FCA provided certain warranties, but the Subject Vehicle was delivered with and/or developed nonconformities during the warranty period, including a defect with the PowerNet system (electrical architecture). Plaintiff alleges that he had to deliver the vehicle for repairs on multiple occasions, but FCA's authorized repair facility failed to conform...

Excerpt: ...ined with 20 days leave to amend as to the first and fourth causes of action alleged by Plaintiff Deborah Tunnell, and sustained with 20 days leave to amend as to the fifth cause of action alleged by both Plaintiffs. The Motion to Strike should be granted with 20 days leave to amend. Factual / Procedural Context: This action arises out of an incident which occurred on the private driveway of Plaintiffs' residential property, during which an Amazo...

Excerpt: ...zam"), and Liberty Mutual Insurance Company ("Liberty Mutual") (collectively, "Defendants"), alleging (1) breach of contract (only against Ryan), (2) general negligence (only against Liberty Mutual), and (3) fraud (against all Defendants). On October 18, 2017, Ryan executed a personal injury retainer agreement with Plaintiff for Plaintiff's legal services pertaining to Ryan's injury claims arising from a motor vehicle collision that ucurred on Oc...

Excerpt: .... Plaintiff now seeks leave to file a First Amended Complaint. This Motion is brought under California Ctxle of Civil Procedure sections 473, subdivision (a)(l), and 575 and California Rules of Court, rule 3.1324, and is made on the grounds that (i) the proposed FAC will not cause any unfair prejudice to Defendant John James Bassette ("Bassette") or undue delay; (ii) that the filing of the FAC will serve the ends of justice and judicial economy b...

Excerpt: ...dlords and owners of property at 591 N. McKinley Street, Suite 100 in Corona ("premises"), which they had purchased in 2019. Landlord alleges its predecessor entered into a written lease ("Lease") with Tony King's Buffet, Inc. in 2012 to operate a restaurant on the premises. Defendants Xue Jiao Chen ("X. Chen") and Zen Yue Tin ("Tin") were guarantors of the Lease (collectively "2012 Guarantors"). In 2015, defendant Antelope Valley Fan's Inc. ("AV...

Excerpt: ...NA") and Fontana Nissan. On November 3, 2018, Plaintiff purchased a 2018 Nissan Kicks (the "Vehicle"), which was backed by an express warranty, from the non-party dealer, Raceway Nissan. (Complaint, "1 10-11; Declaration of Nicholas S. Maugeri II in Support ("Maugeri Declaration"), 5, Exhibit 4.) Plaintiff alleges that defects and nonconformities — and specifically, defects in the electrical system, transmission and engine — manifested within...

Excerpt: ...non-party dealer, Corona Nissan. (Complaint, "1 7-8, 50-52, 61; Declaration of Scott D. Sharp in Support ("Sharp Decl."), '1 3, Exhibit 8.) Plaintiff alleges that defects in the transmission manifested within the applicable express warranty period and that NNA's authorized repair facility/dealer was unable to repair/conform the Vehicle. (Complaint, "1 10-11, 54, 62-64.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverl...

Excerpt: ...rco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $155,000. As conditions of sale, Defendants made representations and warrantes about financial information, and status/condition of the assets. When escrow closed, Plaintiffs paid the $165,000 plus an additional $89,000 for the inventory. Almost immediately, Plaintiffs realized monthly re...

Excerpt: ...mber 28, 2022, Plaintiffs Adel Shehata ("Shehata") and The Dream for Investment, LLC ("The Dream") (collectively, "Plaintiffs"), filed a Complaint against, amongst others, moving Defendants Bassem Georgy ("Georgy"), Ahmed Hag ("Hag") and Elbarary, LLC ("Elbarary") (collectively, "Defendants"). The Complaint alleges, as relevant to the instant demurrer, the following causes of action: (1) breach of contract (by Shehata against Georgy & Elbarary); ...

Excerpt: ...ainst Defendant in connection with the purchase of a new 2019 Chevrolet Silverado, alleging (1) violation of Song-Beverly Act Breach of Express Warranty and (2) violation of Song-Beverly Act — Breach of Implied Warranty. On November 30, 2022, Plaintiffs served a Notice of Deposition for Defendant's Person(s) Most Qualified ("PMQ") and Custodian(s) of Records, unilaterally scheduling the deposition for December 19, 2022. (Bissman Decl. 3, Ex. A....

Excerpt: ... demurrer as to the second and sixth causes of action with 30 days leave to amend. The Court overrules the demurrer to the fourth cause of action. The Court shall grant/permit Plaintiff leave to amend the FAC to add causes of action for Disability Discrimination, Failure to Accommodate, and Failure to Engage in a Good Faith Interactive Process in his amended complaint. Factual / Procedural Context: Plaintiff Frank Hoyas was hired by the City of R...

Excerpt: ...laration of Ali Ameripour in Support ("Ameripour Decl."), Exhibit 3.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities and developed other defects and nonconformities to warranty—including defects in the electrical and structural system defects, which HMA was unable to repair. (Complaint, 10, 18, 23-24, 49-50.) The Complaint sets forth three causes of acton: (1) Violation of SongBeverly Act — Breach of...

Excerpt: ... of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. Plaintiff alleges that fts assignor (State Fund) entered into a written agreement where fts assignor agreed to provide policies of workers compensation insurance to Defendants and that Defendant breached the policies by falling to pay premiums assessed at the conclusion of the policies. Defendant now brings this demurrer to all causes of action alleged in the Compl...