Excerpt: ...n exchange, Bottle It was required to make monthly payments to repay the loan and the loan was secured by Bottle It's equipment. Bottle It has breached this agreement. Plaintiff contends that Bottle It has taken the property that secured the loan and given it to other defendants. Page 2 of 3 The complaint asserts the following causes of action: (1) breach of contract, (2) recovery of personal property, (3) conversion, (4) fraudulent transfer, (5)...

Excerpt: ...OV) is denied. The Motion for New Trial is denied. As an initial matter, Plaintiff has argued that Defendants should be sanctioned under CCP § 128.7 because the claims that they have made have been repeatedly denied by the Court. Although the Court's tentative is to deny both the Motion for New Trial and Motion JNOV, that is not the same to say that the motions are frivolous or made in bad faith. The Defendants are within their right to seek pos...

Excerpt: ..., 2019 and the operative first amended complaint (“FAC”) on September 5, 2019 against defendant Nissan North America, Inc. (“Nissan”). On January 18, 2013, Plaintiff purchased a new 2013 Nissan Sentra (the “Vehicle”). (FAC, ¶ 8.) The Vehicle was backed by a limited warranty, and an implied warranty of merchantability also accompanied the Vehicle. (FAC, ¶¶ 9‐10.) Plaintiff alleges that Nissan breached the warranties by delivering ...

Excerpt: ...laced Avetisyan. After MTHC was shut down, a second dispensary, Mission Wellness Center, was opened. On July 15, 2019, the parties signed the stipulated judgment for a permanent injunction, and on August 16, 2019 the Court entered judgment. The judgment provides that the Defendants are “jointly and severally liable for the City's attorney fees and costs.” Although the City claims that they incurred $167,540.50 in attorney fees, they are not s...

Excerpt: ...rt will address one issue, however. Defendants have argued that HBOR has been preempted by the federal Homeowner's Loan Act (HOLA) because Plaintiff's loan was originated by World Savings Bank, a federal Savings Bank. It does not appear from the documents listed in the request for judicial notice or the Plaintiff's complaint that Plaintiff's HBOR claims have been preempted. Whether or not evidence is adduced later during discovery that demonstrat...

Excerpt: ...EXT This is an action arising out of a rear‐end automobile accident that occurred on the 91 freeway in Corona. Plaintiff Maria Cardenas filed her complaint on July 10, 2019, and defendants Hai Tran, Chuong Tran, and Hong Tran were served in August of 2019. Starting on October 8, 2019, defendants served a series of subpoenas to various third parties. Broadly speaking, these subpoenas fall in two categories: Subpoenas to various medical providers...

Excerpt: ...laintiff filed her Complaint on 1/27/17 seeking partition by sale of the property because physical division is impracticable since the property is zoned in a manner that only allowed division to one or two parcels. She alleges that division is also impracticable due to access to the property and the location of the water well. Plaintiff's Complaint alleges four causes of action: 1) partition; 2) accounting; 3) breach of contract; and, 4) common c...

Excerpt: ...it is uncertain and it fails to plead factual particularity and specificity as to each element of fraud. The Court sustains with leave to amend the demurrer as to the third C/A for Negligence as it does not adequately plead what the breach of duty was in this case. The Court is not sustaining the demurrer at this time under the statute of limitations defense, as the Court finds that the FAC does not demonstrate that the statute of limitations has...

Excerpt: ...otion to strike in references to fees. SUMMARY OF MATTER This is a legal malpractice case. Plaintiff Betsaida Santana Lucas (“Plaintiff”) alleges that on January 27, 2015, she retained Defendant Nathan Mubasher (“Defendant”) to represent her in a legal malpractice lawsuit against her former attorneys. She alleges that she paid a $1000 retainer, as well as $400 per month and Defendant was to receive 50% of any recovery obtained in the malp...

Excerpt: ...ns. SUMMARY OF MATTER: This is an employment action. Plaintiff Victoria Rios (“Plaintiff”) alleges she was employed by defendants KayBSky Solutions, Inc. (“KayBSky”), Infinity Energy, Inc. (“Infinity”) and INFY Communications (“INFY”) as a salesperson from late 2017 to December 8, 2019, when she was terminated from her employment. Plaintiff alleges that she went on pregnancy disability leave from October 30, 2018 to November 5, 20...

Excerpt: ...text This action arises out of an October 24, 2017 automobile accident on Interstate 215 in Riverside. Plaintiff filed the complaint on April 12, 2019 against defendants Doulas Bonilla (“Bonilla”) and Lincoln Transportation Services, Inc. (together, “Defendants”). Defendants filed their answer to the complaint on May 9, 2019. * * * On May 20, 2019, Plaintiff served a notice of deposition on Bonilla and set the deposition for June 24, 2019...

Excerpt: ...do”). Plaintiff alleges that in 2008 he and Eduardo formed Lalo's Auto Repair, LLC (“LLC”). In 2015, Eduardo hired Araceli Gomez (“Araceli”) to work for the LLC. The parties began to have disagreements and in 2016, Eduardo informed Plaintiff that he no longer wanted to be business with him and created a new business, Lalo's Auto Services & Repair, Inc. (“Lalo”). Eduardo has filed a first amended cross‐complaint against Michael and...

Excerpt: ...ership to Christian. He was to hold the property in trust for Plaintiff. Christian sold Page 3 of 5 the property in 2013 and used the proceeds from the sale to purchase a property in San Bernardino. Plaintiff contends that the parties agreed that Christian would purchase the San Bernardino property for the benefit of Plaintiff. The parties executed a letter of agreement, which indicated that Christian had no right to the San Bernardino property. ...

Excerpt: ...n modification application, but continued with their foreclosure efforts. The complaint, filed 7/23/19, asserts: (1) violation of Civil Code §2923.6(c); (2) violation of Civil Code §2923.7; (3) violation of Civil Code §2924.9; (4) violation of Civil Code §2924.10; (5) negligence; (6) unfair business practices; and (7) violation of 15 USC §1641(g). After Plaintiff moved for a preliminary injunction, Defendants removed the action to the U.S. D...

Excerpt: ...he complaint on April 28, 2016. Hertz filed its answer on June 10, 2016. Plaintiff subsequently substituted Rental Car Finance, LLC (erroneously served and sued as Dollar Rent a Car, Inc. and DTG Operations, Inc.) (“RCF”) for Does 1‐4. Yu resides in China and service of the summons and complaint was only recently accomplished in accordance with the Hague Convention. Yu's insurance counsel served an answer on her behalf on July 23, 2019. On ...

Excerpt: ...e of Altman and $2,520 for Kiesel), less time likely spent solely on the fraud claims ($54,934.63 or 1/4 of the lodestar). The court declines to award a multiplier. Costs and expenses shall be determined on the motion to tax costs. SUMMARY OF MATTER This is an action under the Song‐Beverly Act. Plaintiff Jeff Ettleman (“Plaintiff”) alleges he purchased a new 2003 Ford F‐250 truck from defendant Ford Motor Company (“Defendant” or “Fo...

Excerpt: ...Zander. Complaint, ¶5. Plaintiff he paid his October 2018 rent to the apartment manager but the landlord on October 2 demanded that plaintiff pay the rent, accusing him of not paying it. Complaint, ¶8. Defendant served a three‐day notice on October 18, 2018 that included a demand for treble damages. Complaint, ¶10. Zander filed the unlawful detainer action on October 23, 2018, and it is alleged that he falsely represented that Bruce did not ...

Excerpt: ...AC) as a matter of right on 8/27/19. The FAC asserts: (1) breach of contract; (2) insurance bad faith; (3) fraud; and (4) UCL. As shown by the request for judicial notice, Plaintiff Byung H. Kwon filed a similar action regarding the same allegations in RIC 1608182, which also alleged causes of action from the 7/1/14 incident. Summary of Demurrer: Defendant demurs to each cause of action on the grounds that they fail to state facts sufficient and ...

Excerpt: ...ld (collectively “Plaintiffs”) alleges that on 6/5/05, they bought a new 2005 Ford Excursion which contained a defective Navistar engine. Plaintiffs contend that Ford Motor Company (“Ford”) was aware that the Navistar engine was defective, but it produced its vehicle using said engine. Plaintiffs contend that Ford and its authorized agents made false statements regarding the qualities and capacities of their truck and concealed the defect...

Excerpt: ...f sought a lis pendens which was denied. Plaintiff then obtained counsel, who then recorded a lis pendens. Defendant then applied ex parte to remove the lis pendens. Plaintiff then filed a First Amended Complaint on 9/11/19 for breach of contract, fraud and fraud in the inducement. On 10/4/19, the court granted Defendant's application to expunge the lis pendens but continued the matter for supplemental briefing on the issue of sanctions. Defendan...

Excerpt: ...d his alleged injuries other than to utter the words, “car accident” to his guardian. (Defendant has objected to this statement as hearsay.) The complaint sets forth three causes of action: (1) negligence; (2) premises liability; and (3) motor vehicle negligence. Code of Civil Procedure § 437c(c) provides that a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fac...

Excerpt: ...g from defendants Wafick Fouad Zaky and Amaly Zaky (collectively “Sellers”). Prior to the close of escrow, Plaintiff's assignor assigned his interest under the contract to Plaintiff. Sellers real estate brokers were defendants Bluestone Land & Investment, Inc. dba Yucaipa Valley Real Estate and Benjamin C. Hartnell (collectively “Brokers”). Plaintiff contends that prior to the completion of the sale of the properties, Sellers and Brokers ...

Excerpt: ...Cross‐Complainant Douglas Williamson (“Williamson”) allegedly failed to pay all assessments to Cross‐Defendant Georgetown Square Community Association (“Association”). The foreclosure sale was subject to redemption, but Williamson did not redeem the property. On January 29, 2018, the trustee for the foreclosure sale, Cross‐Defendant SBS Trust Deed Network dba SBS Lien Services (“SBS”), issued a Trustee's Deed Upon Sale (“TDUS�...

Excerpt: ...alleged that Judge Asberry's ruling from the hearing ordered Complete Coach Works to file responses to Form Interrogatories, further responses for request for production of documents and further responses to requests for admission 30 days from the day of the hearing. (Judge Asberry's original tentative was 20 days from the day of the hearing.) Complete Coach served responses, attached as Exhibit “C” to its opposition on October 19, 2018. Adva...

Excerpt: ...uments “is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding have agreed in writing, the demanding party waives any right to compel a further response to the demand.” This applies when the propounding party has waived the right to compel further responses to a request for production of documents, but propo...