Excerpt: ...2009) 174 Cal.App.4th 967, 992.) The court should impose terminating sanctions only when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1976) 84 Cal.App.3d 771, 796.) Here, the evidence submitted in support of the motion falls short of that standard. However, the court warns Defendant that if Defendant continues to disobey the court's orders, the court will consider money sanctions, evidence sanctions, issue sanctions, and...

Excerpt: ...eq. It is impossible to tell whether Defendant is complying (in whole or in part) or objecting (in whole or in part). In responding to RFP 30‐31, Defendant responds it is unaware of videos or photographs that pertain to communications between Plaintiff N.S. and Thompson. These responses are not code‐ Page 2 of 2 compliant. If Defendant claims an inability to comply in whole or in part, it must state that it has made a diligent search and reas...

Excerpt: ...s Cox (Deputy Cox) pursued a criminal suspect who was fleeing on a motorcycle. During the pursuit, Deputy Cox struck Plaintiffs' car and Plaintiffs sustained injuries. The fleeing motorcyclist was not involved in the collision. Defendant County of Riverside is a public entity that employs Deputy Cox. The court finds that County of Riverside and City of San Jacinto (Entity Defendants) are not immune as a matter of law. Vehicle Code section 17001 m...

Excerpt: ...ancials and the contents of the San Gorgonio Memorial Hospital website printouts. Page 3 of 3 (Ragland v. U.S. Bank National Association (2012) 209 Cal.App.4th 182, 193.) The court denies the request for judicial notice that Defendants raised in their reply. For Defendant San Gorgonio Memorial Healthcare District (District), the court sustains the demurrer to the tenth cause of action without leave to amend unless Plaintiff can articulate why the...

Excerpt: ...blems, including, but not limited to, dangerous sexually predatory, and unfit behavior which required STUDENTS to be properly supervised at all times” As a result of their placements at BRIGHT FUTURES, STUDENTS had information within their IEPs that contained extensive reviews and reports of such dangerous sexually predatory, and unfit behavior which required STUDENTS to be properly supervised at all times. (FAC, ¶¶ 20, 21; see also FAC, ¶ 5...

Excerpt: ... Corp. (2004) 34 Cal.4th 979 (Robinson).) Robinson's exception to the economic loss rule is narrow and covers a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages independent of the plaintiff's economic loss. (Robinson, supra, 34 Cal.4th, at p. 993.) In addition, “[i]n California, fraud must be pled specifically; general and conclusory allegations do not suffice....

Excerpt: ... preemption or interstate commerce. Whether the Federal Arbitration Act (FAA) applies is not at issue because Defendants do not contend that the FAA preempts state law here. Instead, Defendants cite to state law to show that the Agreement is not unconscionable. (See Motion, pp. 5‐6.) Because preemption is not at issue, whether the FAA applies is irrelevant for purposes of this motion. The question for the court is whether an agreement exists fo...

Excerpt: ...t rules on Plaintiff's objections as follows: 1. Declaration of Jason R. Dawson, Paragraph 4, Page 2, lines 16 to 19, sustained as to foundation, hearsay, speculation. 2. Declaration of Eluterio Torres, Paragraph 3, Page 2, lines 9 to 15, sustained as to relevance. 3. Declaration of David Stewart, Paragraph 1, Page 2, lines 2 to 4, overruled. 4. Paragraph 3, Page 2, lines 9 to 10, overruled. 5. Paragraph 4, Page 2, lines 11 to 12, overruled. 6. P...

Excerpt: ...ver reasonable attorney's fees and costs. The issue is what the reasonable amount of attorney fees is. The court has broad discretion and wide latitude in determining what constitutes reasonable compensation for an attorney who has rendered services in connection with a legal proceeding, and may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, Inc. vs. Drexler (2000) ...

Excerpt: ... did not plead equitable estoppel in the complaint. (See Gressley v. Williams (1961) 193 Cal.App.2d 636, 641.) Second cause of action, breach of fiduciary duty A claim for breach of fiduciary duty must allege (1) a fiduciary duty; (2) breach of the duty; and (3) damage caused by the breach (Pellegrini vs. Weiss (2008) 165 Cal.App.4th 515, 524). As a general matter, the law imposes no fiduciary duty between unmarried cohabitants (Maglica vs. Magli...

Excerpt: .... Defendant challenges Plaintiff's claim of $1,647.23 for Jennifer Polhemus, who did not testify at trial. Plaintiff argues that the costs of taking the depositions of Defendants' six experts were all reasonably necessary for trial, even if Defendants chose not to call their expert economist (Jennifer Polhemus) for trial. Code of Civil Procedure section 1033.5, subdivision (a), subsection (3)(A), permits recovery to a prevailing party of the cost...

Excerpt: ...Plaintiff signed. Its text was red. The arbitration provision was the first paragraph of the admissions form, as required by Code of Civil Procedure section 1295. Plaintiffs rely on Wheeler v. St. Joseph Hospital (1976) 63 Cal.App.3d 345, 349 (Wheeler). Wheeler has limited applicability because it preceded the enactment of Code of Civil Procedure section 1295. (See Bolanos v. Khalatian (1991) 231 Cal.App.3d 1586, 1590‐1591 [decided after sectio...

Excerpt: ...cial notice of the Substitution of Attorney filed on October 31, 2014, in RIC1113093 (Kelly Litigation). The court denies Defendants' requests for judicial notice of advisory opinions from the Los Angeles County Bar Association and California State Bar Committee on Professional Responsibility and Conduct. (See Brosterhous v. State Bar (1995) 12 Cal.4th 315, 325.) Defendants argue that the breach of contract cause of action is time‐barred, but t...

Excerpt: ...y with Code of Civil Procedure section 437c, subdivision (t). A defendant meets its burden in a motion for summary judgment by doing one of the following: (1) presenting affirmative evidence negating an essential element of plaintiff's cause of action; (2) showing a complete defense; or (3) showing that plaintiff does not possess and cannot reasonably obtain needed evidence. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield C...

Excerpt: ...gainst that defendant. (McNair v. Worldwide Church of God (1987) 197 Cal.App.3d 363, 379.) A defendant has the burden to prove that plaintiff knew defendant's identity and liability. (See Fuller v. Tucker (2000) 84 Cal.App.4th 1163, 1173.) Page 2 of 4 Defendant has met his burden. Defendant declares that he was Director of Maintenance and Operations since April 21, 2014, and was in that position when Plaintiff alleges his assignment changed. (Def...

Excerpt: ...Plaintiff's claim of $1,647.23 for Jennifer Polhemus, who did not testify at trial. Plaintiff argues that the costs of taking the depositions of Defendants' six experts were all reasonably necessary for trial, even if Defendants chose not to call their expert economist (Jennifer Polhemus) for trial. Code of Civil Procedure section 1033.5, subdivision (a), subsection (3)(A), permits recovery to a prevailing party of the costs for taking, video rec...

Excerpt: ...jection, within 15 days. Motion denied without prejudice as to requests 3, 7, 8, 9, and 10. Plaintiff should first attempt to obtain the information through the least intrusive means available. Motion denied as to requests 23, 24, and 32. Continue the motion as to requests 30, 31, 33, and 38 to allow parents to obtain notice. The motion is moot as to requests 34 and 37. Request for sanctions denied. To establish good cause for further responses, ...

Excerpt: ...fendant's contention in the demurrer, the complaint does not allege that Plaintiff was employed by Defendant or that the accident and injury occurred during the course and scope of employment. Defendant argues the worker's compensation exclusivity rule bars the present action against it, but defendant “bears the burden of pleading and proving” the exclusivity bar as an affirmative defense, unless the “complaint affirmatively alleged facts i...

Excerpt: ...'s. Code of Civil Procedure sections 583.210, subdivision (c), and 583.250. Both cross complaints must be dismissed under Code of Civil Procedure section 583.360 because the case was not brought to trial within five years. WPH filed its cross complaint on May 10, 2013. Western's was filed July 15, 2013. The five‐year deadlines were May 10, 2018, and July 15, 2018, respectively. By stipulation of the parties on September 11, 2018, the court orde...

Excerpt: ... Defendant had 30 days. (See Code Civ. Proc., §§ 412.20, subd. (a)(3), 471.5.) Page 3 of 5 In her first amended complaint (FAC), Plaintiff alleged additional facts about Defendant's conduct. (See FAC, ¶¶ 19‐34.) The new allegations primarily concern Defendant's conduct toward other employees. For example, Plaintiff alleges that her supervisor told a black receptionist to wear more makeup and commented that the receptionist was not attractiv...

Excerpt: ...not show how, when, where, to whom, and by what means there were false representations. (See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) The FAXC alleges that Cross‐ Defendant Qiao knowingly and falsely misrepresented that he had a controlling interest in Golden Taste and Golden Globe, and that he intended to cause a significant disruption in the operation of the business. (FAXC, ¶ 40.) The FAXC alleges that Qiao made the misrepresent...

Excerpt: ...cluding in the complaint a satisfactory explanation why the earlier admissions are incorrect. Absent such explanation, however, the self‐destructive allegations in the earlier pleading or discovery response are “read into” the complaint, and allegations inconsistent therewith treated as sham and disregarded. (Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 384.) Since Plaintiff has not alleged any explanation as to the inconsistencies...

Excerpt: ...with LuLaRoe and LLR (Obligors) for the specs, price and delivery date of various Products, and by confirming the final purchase orders for the Products, Obligors promised to pay the agreed upon price for the Products. (SAC, ¶ 153.) The court previously sustained the demurrer for fraud because Plaintiff did not meet the heightened pleading standard for fraud. Plaintiff has cured that defect. Plaintiff provides examples and a list of purchase ord...

Excerpt: ...the plaintiff files the complaint. (McClatchy vs. Coblentz, Patch, Duffy & Bass (2016) 247 Cal.App.4th 368, 371‐372; Woo vs. Sup. Ct. (Zarabi) (1999) 75 Cal.App.4th 169, 177.) A Doe amendment relates back only when the plaintiff is genuinely ignorant of that person's identity or liability when commencing the action. (Miller v. Thomas (1981) Page 2 of 3 121 Cal.App.3d 440, 445‐446; McClatchy, supra, 247 Cal.App.4th 371‐372.) To defeat a Doe ...

Excerpt: ...ourt would sustain Defendants' Objections 4, 5, 6, 8, 10, 11, 12, and 13, and overrule the rest. Loren Jensen declares that he is Plaintiff's son and co‐worker. The declaration says that in a private, closed‐door meeting, Davis [sic] Fountain told Loren Jensen that Frank Jensen was a former user of illegal narcotics, “as well as other [unspecified] private personnel matters.” (L. Jensen Decl., ¶ 4.) The declaration does not establish tha...

Excerpt: ...f Civil Procedure section 2015.5, it lacks foundation and is inadmissible hearsay. The court overrules Defendant's remaining objections. Defendant has met its initial burden of showing that Plaintiff's causes of action arise from Defendant's act in furtherance of its free speech rights in connection with a public issue. (Code Civ. Proc., § 425.16, subd. (b)(1).) Defendants published the article underlying this lawsuit in a public forum, the stud...

Excerpt: ...d to lead to the discovery of relevant evidence. (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223–224.) Plaintiff has established, through the declaration of Sarah Kim and attached documents, that the information sought is reasonably calculated to lead to discovery of evidence that Defendant Stoneman did or did not follow the training, policies, and safety rules of Defendant Robertson's Ready Mix Ltd (Robertson's). ...

Excerpt: ...ression injury to her back, an annular tear, and shoulder, neck, and wrist injuries. The evidence established Plaintiff's emotional distress. Plaintiff's small children were in the back of a small car when a large truck ran into the rear of the car, at about 35 miles per hour. One child's face hit the back of the driver's seat, and the impact forced a tooth through her lip. The other child had bruising all over his legs. The evidence established ...

Excerpt: ...f 2 Analysis Plaintiff moves for an order quashing or limiting the subpoena on the ground that it is overbroad and seeks records that are protected by Plaintiff's right to privacy. Plaintiff agrees, however, the records regarding her wages/salary are relevant to her claim for lost earnings. In opposition, Defendants insist that they are entitled to know Plaintiff's entire employment history. Defendants, however, present no argument with respect t...

Excerpt: ...s. Plaintiff alleges that Defendants failed to file a motion for attorney's fees and costs. However, he also alleges that a motion for attorney's fees was brought and denied. (Complaint, ¶¶ 41–43.) It is unclear why the motion was denied and whether something Defendants did caused the denial. Plaintiff alleges that Defendants failed to challenge a no‐contest clause found in the trust documents. However, it is unclear how this failure damage...

Excerpt: ...plaint stated a cause of action for fraud. That is sufficient to establish a claim for punitive damages, even without malice or oppression. (Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 610.) ...

Excerpt: ...o amend for the fourth, fifth through eleventh, fifteenth, eighteenth, and nineteenth causes of action. For the remaining causes of action subject to demurrer, Plaintiff INRI has twenty days leave to amend. For Plaintiff Montano, court sustains demurrer without leave to amend as to all causes of action subject to this demurrer. 1) Plaintiff Montano lacks standing to sue as to all causes of action subject to demurrer other than the eighteenth caus...

Excerpt: ...alifornia Rules of Court, rule 2.112, requires a cause of action to state its number, the nature of the claim asserted, and which plaintiff or plaintiffs assert the cause of action. Failure to comply makes the complaint subject to a special demurrer under Code of Civil Procedure section 430.10, subdivision (f). (Grappo v. McMills (2017) 11 Cal.App.5th 996, 1014.) Plaintiff concedes that there are two causes of action, for which Plaintiffs seek co...

Excerpt: ...ntly alleges that the lender did not contact the borrower in violation of Civil Code section 2923.5. (Rossberg v. Bank of America, N.A. (2013) 219 Cal.App.4th 1481, 1494.) For the second cause of action, Plaintiff alleges that he requested a single point of contact, but never got one. Defendant argues that the lenders denied Plaintiff's loan modification application, but that fact is not in the complaint. Instead, Plaintiff alleges that Defendant...

Excerpt: ...ned without leave to amend unless Albert A. Webb Associates (Webb) can articulate facts that would cure the defect and allege facts showing a contractual relationship between Webb and Inland. As to laches, Inland Foundation Engineering, Inc. (Inland) must show prejudice from the delay. (Stafford v. Ballinger (1962) 199 Cal.App.2d 289, 296.) The only evidence in support of this demurrer are the declaration of Brent J. Kupfer, which discussed meet ...

Excerpt: ...mited to adequately recording and billing the spinal fusion devices used in Plaintiff's surgery.” Riverside Community Hospital's person most knowledgeable (PMK) should know how to find any potentially responsive documents. As to the categories relating to RCH's policies including nursing policies and procedures, etc., these categories are broad but, appear to be relevant to this particular action. Plaintiff describes these categories with reaso...

Excerpt: ...dants are immune from liability and civil damages under Vehicle Code sections 17004 and 17004.7 and Government Code section 815.2, subdivision (b). The uncontroverted evidence is that Defendant Hibbard was driving a marked police car, with active lights and siren, chasing a suspect car when his car got in a collision with an RTA bus. Officer Hibbard had attended Riverside Police Department's (RPD's) annual vehicle pursuit policy training about si...

Excerpt: ....D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole, and conclusory allegations can be sufficient when read in context. (Perkins v. Superior Court (General Tel. Directory Co.) (1981) 117 Cal.App.3d 1, 6‐7.) Here, plaintiff alleges reporting sexual harassment to his supervisor, to human resources, and to the company owner. He alleges they did nothing and the harassment continued. ...

Excerpt: ...ive. (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189.) However, as to these requests, plaintiff requests privileged financial information. (John B. v. Superior Court (Bridget B.) (2006) 38 Cal.4th 1177, 119.) The court must balance the right to discovery against the privacy interests of persons subject to discovery.” (Britt v. Superior Court (1978) 20 Cal. 3d 844, 855– 856.) The party seeking discovery must show a particul...

Excerpt: ...rning the July 6 hearing, there is no evidence that this hearing was open to all association members or those members (other than Plaintiffs and the Board) could speak. Defendant also argues that the FAC involves statements made in connection with an unlawful detainer (UD) action Defendant filed. Defendant has failed to establish this. Although the FAC alleges several defects in the Notice to Vacate (see FAC, ¶20), those defects do not form the ...

Excerpt: ...vil Procedure section 639 applies. (Cal. Rules of Court, Rule 3.922, subd. (c).) This order does not. The order does not state that the referee should “hear and determine discovery motions and disputes … for all purposes.” (Id., at subd. (d).) The order does not state that the referee is “authorized to set the date, time, and place for all hearings,” as Rule 3.922, subdivision (e), requires. Because of these omissions, this discovery di...

Excerpt: ... not. Current counsel became attorney of record in April 2018. Nine months is long past the time considered reasonable under Code of Civil Procedure section 473. Plaintiff has failed to establish excusable neglect under Code of Civil Procedure section 2033.300, subdivision (b). It might have been excusable neglect if plaintiff moved for relief shortly after the court granted the motion to deem matters admitted in April 2018. (See Wilcox v. Birtwh...

Excerpt: ...] statement of any new matter constituting a defense[]' in other words, an affirmative defense.” (Advantec Group, Inc. v. Edwin's Plumbing Co., Inc. (2007) 153Cal.App.4th 624, 627.) If the answer pleads an affirmative defense, it must set forth facts “as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384...

Excerpt: ...5th 531, 541–542.) The objecting party bears the burden to justify an objection. (Ibid.) Plaintiff did not justify any objections, and although the opposition promised further responses, the court has received no evidence that plaintiff did. Because this motion is substantially similar to the other two motions to compel further responses to form interrogatories, the court finds that $550 in attorney's fees is reasonable for each. ...

Excerpt: ...close: (1) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (2) when the defendant actively conceals a material fact from the plaintiff; and (3) when the defendant makes partial representations but also suppresses some material facts.” (Hoffman v. 162 North Wolfe LLC (2014) 228 Cal. App. 4th 1178, 1186.) Here, plaintiff has alleged sufficient facts showing defendants' legal duty to disclose. As to the rem...

Excerpt: ... defendant must support any privilege objections with a privilege log under Code of Civil Procedure section 2031.240, with sufficient detail for a determination of privilege. (Catalina Island Yacht Club vs. Sup. Ct. (Beatty) (2015) 242 Cal. App. 4th 1116, 1130.) The court overrules defendant's objection that the requests are unduly burdensome. The declaration of Teresa L. Schroeder does not establish personal knowledge of how burdensome the reque...

Excerpt: ...s in order to achieve substantial justice. (Kerns v. CSE Ins. Group (2003) 106 Cal.App.4th 368, 388.) A review of the ruling in this case shows that the judgment needs correction. Page 3 of 4 Judge Waters issued a tentative ruling before the hearing on the motion to confirm the arbitration award. That tentative ruling read: Plaintiff's evidentiary objections are overruled. The appraisal provision of the Operating Agreement is properly treated as ...

Excerpt: ...change the court's ruling. Plaintiff repeatedly violated the Civil Discovery Act. Plaintiff violated the court's orders to respond to written discovery and attend his deposition. Finally, Plaintiff failed to appear for his independent medical examination, even after the court reminded him to do so. For these reasons, the court denies the motion to reconsider ...

Excerpt: ...uitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. § 877.6, subd. (c), emphasis added.) ICW is a plaintiff in intervention seeking reimbursement under Labor Code section 3852 et seq. ICW is not a joint tortfeasor, and they do not seek equitable relief, so Code of Civil Procedure section 877.6 does not bar their claims after a good faith settlement. (Bai...

Excerpt: ...p.4th 383.) The court should liberally construe Code of Civil Procedure section 387 in favor of intervention. (Lindell v. Town of San Anselmo (2006) 139 Cal.App.4th 1499.) At the time of the accident here, Safeco Insurance Company of America (Safeco) covered crossdefendant/cross‐complainant Andy Israel Duran Hernandez. Under the policy, Safeco must defend its insured and indemnify him. Safeco has called, emailed, and sent mail to its insured, b...

Excerpt: ...th, seventh, and twelfth causes of action: Plaintiff fails to allege sufficient facts showing that defendant had a duty or fiduciary duty to disclose material facts to plaintiff about her surgery. Plaintiff also fails to allege sufficient facts showing liability based on respondent superior. Fifth cause of action: Plaintiff bases this claim on alleged misrepresentations in defendant Akmakjian's consent form. Plaintiff does not allege that this de...

Excerpt: ...plaintiff has failed to state causes of action for breach of contract and promissory fraud. For the same reason, plaintiff has failed to state a cause of action for dual tracking under Civil Code section 2924.11. Lastly, plaintiff has not stated a cause of action for intentional infliction of emotional distress because she has not pleaded any outrageous conduct by the lender. For the third cause of action, plaintiff alleged promissory fraud, but ...

Excerpt: ...ge 2 of 2 For the first cause of action, plaintiff alleges negligent supervision of a student under Government Code section 815.6 because the school district failed their mandatory duties under Education Code section 44807 and California Code of Regulations sections 5531 and 5552. Those sections involve negligent supervision of student conduct, not employee conduct. (See Dailey v. Los Angeles Unified School Dist. (1970) 2 Cal.3d 741; Lucas v. Fre...

Excerpt: ...t failure alone can be grounds to grant the motion for summary judgment. (Code of Civ. Proc. § 437c, subd. (b)(3); see also Oldcast Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554, 568.) Nevertheless, the court addresses the merits of the motion below. Page 2 of 3 Auto Club meets its initial burden with evidence showing that Stagecoach is an independent contractor and that no agency relationship exists that would creat...

Excerpt: ...e purchase of plaintiff's products, the court grants the requests for Exhibits A and B, related to LLR and Lularoe, and declines for Exhibits C to V. Page 6 of 7 Evidentiary objections 1. Objections to declarations of Kelly Ludwig‐Johnson, Jessica Nicholson, Holly Peck, Christina Blanco, Kristy Kinney, Katie Nyren, Tonya Sanchez, and Karen McKeown— Objections 1 to 3: overruled; Objection 4: sustained. The declarations of the former retailers ...

Excerpt: ...on for Fraud Plaintiff alleges both fraudulent misrepresentations (statements made before the defendants provided the Reinsurance Participate Agreement (“RPA”)) and concealment (of the RPA's terms and that the RPA was illegal under California law) by defendant Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc. (collectively “Applied Defendants�...

Excerpt: ... pages long, and only 12 lines of which was not boilerplate. Counsel estimated 0.4 hours to draft a fiveline email, and 0.8 hours to draft a declaration with only 12 substantive lines. In the accompanying motion to compel responses to form interrogatories below, plaintiff's counsel billed the same number of hours for the documents supporting that motion, even though the motion, declaration, exhibits, and proposed order for that motion were almost...

Excerpt: ...Act or “FEHA”). In the complaint, plaintiff alleges that defendant ATI was his employer. He alleges that codefendant David Fountain was president and plaintiff's supervisor. Only an employer can be liable under FEHA. (Leek v. Cooper (2011) 194 Cal.App.4th 399 (“Leek”).) A sole shareholder of a corporate employee can only be held liable for the corporation under alter ego theory. (Leek, 194 Cal.App.4th, at p. 406.) Plaintiff did not plead ...

Excerpt: ... “YOU ACKNOWLEDGE THAT YOU HAVE READ BOTH SIDES OF THIS CONTRACT, INCLUDING THE ARBITRATION PROVISION ON THE REVERSE SIDE, BEFORE SIGNING IT.” The contract was take‐it‐or‐leave‐it, so it was adhesive and somewhat procedurally unconscionable. (Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899, 915 (“Sanchez”).) However, the contract was not substantively unconscionable. Its terms were similar to the contract upheld in Sanc...

Excerpt: ...rvice literature and replacement parts to effect repairs during the express warranty period.” (Civ. Code, §1793.2(a)(3).) Plaintiff can claim civil penalties in the third cause of action because Civil Code section 1794 allows damages and penalties for “a failure to comply with any obligation under this chapter” and the replacement or reimbursement remedies under section 1793.2, subdivision (d) are not exclusive. Civil Code section 1794, su...