Excerpt: ...mart. Plaintiff alleges that MEP does not hold a valid California contractor's license, and was fraudulently using the license number of an unaffiliated sole proprietor to convince Plaintiff it was licensed. Plaintiff paid MEP at least $94,940.10. Plaintiff filed its Complaint on 2/20/19 alleging three causes of action: 1) breach of contract (against MEP); 2) disgorgement under Bus. & Prof. Code §7031 (against MEP); and, 3) declaratory relief (a...

Excerpt: ...enter (“Defendants”). The complaint sets forth causes of action for violation of the Song‐Beverly Act, fraudulent inducement/concealment and negligent repair arising out of his purchase of 2011 Dodge Durango SUV. On June 15, 2018, the Honorable John P. Farrell entered judgment following a jury verdict in favor of Plaintiff in the total amount of $137,238.75 plus the costs of suit and attorney fees (“Judgment”). On September 10, 2018, th...

Excerpt: ...of any sought‐for costs. SUMMARY OF MATTER This is a Song‐Beverly Act complaint arising from Plaintiff's November 2014 purchase of a new 2015 Mercedes‐Benz S550V for $143,115.36. On February 21, 2018, Plaintiff accepted Defendant's CCP §998 Offer to Compromise: Defendant agreed to pay Plaintiff $91,387.93, to pay off the remaining balance on the loan in the amount of $37,772.62, and to pay Plaintiff's reasonably incurred court costs, attor...

Excerpt: ...ward sanctions. SUMMARY OF MATTER: This is a negligence/NIED complaint arising from a 4/18/16 motor vehicle collision on Norco Hills Road in Corona. Plaintiff MIZRA JENSEN was driving her two minor children (Plaintiffs VANESSA and PRESTON JENSEN) when they were struck by Defendant's vehicle. MOTIONS: Defendant moves to compel all three Plaintiffs to appear/testify at deposition, and seeks $1,465 monetary sanctions against each of them. None of th...

Excerpt: ...s in the new amount of $40,425.00. The Court shall again deny the request for a multiplier. The Court shall not rule on the request for costs. Petitioners have now filed a memorandum of costs, however the Court takes no action unless Respondent moves to tax costs under California Rules of Court, rule 3.1700. SUMMARY OF MATTER (The following discussion mirrors the Court's last tentative, with the exception of additional fees sought.) On January 12...

Excerpt: ...ship and contacted her former servicer, Bank of America, and obtained a loan modification agreement, which names Bank of America as the lender, when it was merely the servicer. She disputes Bank of America was the lender and any subsequent assignment. She alleges that Defendant Nationstar is a debt collector with no standing to foreclose. She filed this action on October 18, 2017. After the court granted Defendant's JOP, Plaintiff filed the First...

Excerpt: ...objectively consented to the terms and is thus bound by them. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 811 (“The existence of mutual consent is determined by objective rather than subjective criteria, the test being what the outward manifestations of consent would lead a reasonable person to believe.”).) Defendant's request for attorney fees is DENIED. SUMMARY OF MATTER This is a wrongful foreclosure action. Plaintiff...

Excerpt: ... claims for punitive damages must be pleaded with particularity as to the facts Page 8 of 8 constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (General Tel. Directory Co.) (1981...

Excerpt: ...y, which covered the gasoline direct injection engine that was manufactured by Defendants Kia Motor Corporation and Hyundai Motor Company. The engine contained defects including oil flow restriction causing stalling, engine failure, replacements, etc. Plaintiffs contend that Defendants advertised the engine's performance and design. Plaintiffs further assert Defendants were aware the defect, concealed it and still sold Page 2 of 8 vehicles with i...

Excerpt: ...ory Note and DOT securing the property. He subsequently experienced financial difficulties and defaulted. A NOD was recorded on August 15, 2017, followed by a June 11, 2018, NOTS. Five business days before the scheduled foreclosure, Plaintiff submitted a February 20, 2019 request for loan Page 2 of 4 modification. On February 25, 2019, ROUNDPOINT's agent Kristen confirmed receipt of the request and said it would take 24 hours to clear their syste...

Excerpt: ... than May 29, 2019. The Court will not accept further briefs. Factual / Procedural Context Plaintiffs Ghasan Tabel and Ghasan Tabel M.D., Inc. (“Plaintiffs”) filed the complaint in this action on December 15, 2015, against defendants Hospital Corporation of America (“HCA”), Riverside Community Hospital (“RCH”), Ben Russo, Kenneth Dozier and Russ T. Young (“Defendants”). Plaintiffs seek to recover damages because of the decline in ...

Excerpt: ...oug and Lynn Redman (“Owners”). Plaintiff alleges that while carrying a bucket of hot tar down a flight of stairs, he tripped on paper covering the stairs that was not property secured. The bucket of tar fell on Plaintiff causing severe burns to body and face. Neither Plaintiff nor Safari were licensed contractors. Page 2 of 5 Plaintiff filed his Complaint on November 14, 2017, and the operative First Amended Complaint (FAC) on March 2, 2018....

Excerpt: ...e purchased a new 2017 Chrysler on July 28, 2017, that has material defects and malfunctions with the transmission shifter, vehicle emissions, audio interface and vehicle dashboard screen. Plaintiff further alleges that Defendant FCA US LLC (“Defendant”) failed to correct those defects despite at least five (5) repair attempts. On August 10, 2018, Plaintiff filed the Complaint for breach of implied and express warranties under the Song‐Beve...

Excerpt: ...retion is shown unless by permitting the amendment new and substantially different issues are introduced in the case or the rights of the adverse party prejudiced.” (McNamara v. Steckman (1927) 202 Cal. 569, 572.) But if the new theory is one “upon which the adverse party had no opportunity to defend,” (Lavely v. Nonemaker (1931) 212 Cal. 380, 385) leave to amend should be denied. Although Plaintiff certainly opined that Omar was a “trust...

Excerpt: ... sides' request for sanctions. SUMMARY OF MATTER Plaintiffs, Javier Miranda Gaytan and Guadalupe E. Rodriguez (plaintiffs) allege they purchased a new 2016 Chevrolet Silverado (vehicle) with a warranty issued by defendant General Motors LLC (defendant or General Motors). Plaintiffs allege the vehicle did not conform to the warranty and developed other serious defects and nonconformities to the warranty, including to the transmission, engine and s...

Excerpt: ...iff Corey Shrewsbury (“Shrewsbury”) injured his hand while working on a job site that was part of the 91 Freeway expansion project. His employer Atkinson/Walsh, Atkinson Contractors and/or Walsh Construction Company (collectively “Atkinson/Walsh”) was the design‐builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commis...

Excerpt: ...was secured by Deed of Trust against an undeveloped property in Homeland, California (“Homeland Property”); the second note was executed on June 19, 2007, for $300,000.00 was secured by Deed of Trust against a property in Hesperia, California (“Hesperia Property”); and the third loan for $200,000.00 was made on April 26, 2008. Plaintiffs allege that Defendants stopped making monthly payments beginning in 2010, but made one final lump sum ...

Excerpt: ...he discovery requested. Page 2 of 3 The Court denies the request for sanctions as there exists substantial justification to not award to either party. SUMMARY OF MATTER: Plaintiff George A. Tasch (“Plaintiff”) purchased a vehicle manufactured by Ford Motor Company (“Ford”) and sold by Warren‐Anderson Ford. The vehicle was allegedly delivered with defects and nonconformities to applicable warranties. Plaintiff delivered the vehicle to au...

Excerpt: ...her availability for deposition prior to the continued hearing date. The hearing was continued to 4/26 and then advanced to 4/22. On 4/15, Plaintiff filed the Declaration of attorney Stephen J. Estey. Estey provides no information as to Plaintiff's current status: he merely attaches a 4/15 one paragraph letter from Tiffany Taft, Plaintiff's treating LMFT (Marriage and Family Therapist), following a 4/15 session with Plaintiff. Taft states that Pl...

Excerpt: ...th six causes of action: (1) professional negligence/legal malpractice; (2) breach of contract; (3) breach of fiduciary duty; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) abuse of process and malicious prosecution. Following a meet and confer between the parties, Plaintiff filed the second amended complaint (“SAC”) on November 27, 2018. The SAC sets forth eight causes of action: (1)...

Excerpt: ...ements, surveillance footage, body camera footage, other audio and visual recordings stemming from the January 12, 2018 incident as detailed in Petitioner's brief. The Court finds that Petitioners are entitled to attorney's fees and costs as the prevailing party subject to a proper Motion. Factual / Procedural Context On 1/12/18, decedent Roderick Williams was detained outside Kohl's Department Store at which time a physical altercation ensued. O...

Excerpt: ...l, and business problems, which caused him to default on his loan. He contends that on February 28, 2019, five days before a scheduled foreclosure on his home, he requested a loan modification and submitted a complete loan modification application. He asserts that he was allegedly informed by one of defendant PennyMac Loan Services, LLC's (“PennyMac”) employees that PennyMac would not review his loan because there had been a late trial paymen...

Excerpt: ...hicle they purchased—a used 2008 Mercedes Benz C300 (subject vehicle)—was misrepresented. (See Kelley v. Adams Service Center, et al., RIC 1402555(Kelley I.) In that action the Kelleys asserted causes of action for fraud and violation of the Consumers' Legal Remedies Act, alleging defendant Adams Service Center, Inc. dba J&M Auto Sales #2 (J&M Auto) failed to disclose the Mercedes had frame damage. The trial court granted J&M Auto's summary j...

Excerpt: ...a substandard, unsafe condition. In September 2016, the City began receiving complaints from neighbors about dangerous conditions on the property. The City conducted an inspection and requested that Respondent remove or remediate all substandard conditions. After several additional inspections and notices, the City determined no corrective action had been taken, and therefore filed a Petition for the Appointment of a Receiver, Injunctive and Othe...

Excerpt: ...Human Society (“IVHS”) took inadequate actions to protect the public from the dog. Plaintiff contends that IVHS is the City of Chino Hill's (“City”) agent. The operative pleading is the second amended complaint (“SAC”), which from the Court's review is somewhat unclear; indeed, it is unclear how many causes of action are asserted. A judicial counsel complaint is used, which contain forms for a first cause of action for negligence and ...