Excerpt: ...��) (collectively “Balcor Defendants”) allegedly breached a purchase and sales agreement (“PSA”) by unilaterally canceling it and refusing to sell the Property to Plainti
¯. Shortly after the PSA was cancelled, Balcor Defendants relisted the property for sale, and Defendants PaciÞc Homes at Magnolia LLC (“PaciÞc Homes”), Reed Street LLC (“Reed Street”) and Dean Cook (“Cook”) purchased it. Plainti
¯ alleges that as a result...

Excerpt: ...in Plainti
¯ and Defendant Bing Dai (“Defendant Bing Dai”) lived and owned as marital property. According to Plainti
¯, the Eastvale Property was not subject to the martial dissolution, and on or about June 8, 2017, Plainti
¯ obtained a judgment against Defendant Bing Dai in the amount of approximately $300,000.00 for unpaid marital dissolution settlement funds. Since obtaining the Judgment, Defendant has transferred assets and other valua...

Excerpt: ...aint, Plainti
¯s seek dissolution of a partnership that was created between the parties on January 1, 1999, to manage the Oak Crest Ranch (the “partnership”). Plainti
¯s allege dissolution is proper because of Defendant M. William Tildens improper unilateral control of the partnership, and denial of Plainti
¯s access to the partnerships books, reports, and records. (Complaint at ¶¶ 9-10, 19-27, 34-35.) On January 3, 2022, Defendants �...

Excerpt: ...as Gomez (“Gomez”), who was driving in the scope of his employment with Defendants Jat Trucking (“Jat”) 50 60 Heaven (“Heaven”) and/or Fedex Ground Package Systems, Inc. (“Fedex”). Plainti
¯s allege that Gomez was driving negligently at the time of the incident. Decedents parents Plainti
¯s Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg (“Plainti
¯s”) Þled their Complaint on M...

Excerpt: ... a registered security and Þnancial asset, such that there could be no securitization o the asset The complaint, Þled 11/21/23, asserts: (1) wrongul oreclosure (Civil Code §29235); (2) violation o the FDCPA; (3) violation o TILA; (4) breach o contract; (5) violation o ederal trust and lien laws; (6) slander o title; (7) slander o credit; and (8) inßiction o emotional distress Deendants contend that Catamount Properties purchase...

Excerpt: ...alleges that Defendant then presented an amended operating agreement that gave Defendant a 100% ownership stake in the dealership Plainti
¯ was surprised and disappointed about his loss of control to A& Y Enterprises LLC but felt compelled to sign the Amended agreement as Defendant Ihmud was strongly insistent and tried to give Plainti
¯ the impression that the additional provision had no bearing on their business relationship Nevertheless, p...

Excerpt: ...hich Plainti
¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti
¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...

Excerpt: ... sustains the objections to the declarations of Pablo and Dyman. The objections to the exhibits to the verified complaint are overruled. In reply, Pablo submitted evidentiary objections, which the court overrules as irrelevant since Pablo did not meet his initial burden. II. Standard "Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion." (Jessen v. Keystone...

Excerpt: ...laint, filed 6/28/23, asserts: (1) motor vehicle negligence; (2) general negligence; (3) respondeat superior; and (4) negligent hiring/retention. Defendants uber, Raiser and Raiser-CA move to compel arbitration pursuant to the Terms of Use, which contains an arbitration agreement. They point out that ADR Services is the designated arbitrator and has exclusive authority to determine the threshold questions of arbitration. They point out that the a...

Excerpt: ...eral." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971—972.) Given the policy favoring arbitration, "doubts concerning the scope of arbitrable issues are to be resolved in favor of arbitration." (Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 323; see also Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) Section 1281.2 of the California Arbitration Act requires the trial cour...

Excerpt: ...already purchased. The employees again asked Serrano to leave the store. Armed Security Guard Frank Perla was called back to the store and he repeatedly requested that Serrano leave the store. Serrano refused multiple times and Perla used pepper spray on Serrano. This was ineffective so Perla then utilized a TASER-style electronic control device on Serrano. A Stater Bros. employee was on the phone with the non-emergency law enforcement line and w...

Excerpt: ... Deposition of the PMK occurred on December 18, 2023. The deposition only lasted a few hours. Ms. Rabaien, the attorney for Plaintiff could have kept going, but chose to conclude the deposition after a few hours. Nothing prohibited Plaintiff from taking more tme to ask whatever questions she felt were necessary. (Pappas Decl., 93.) Here, Plaintiffs were willing to schedule the deposition in August or September. It sounds like although GM could no...

Excerpt: ...ors, LLC ("Defendant" or "GM") alleging 1) breach of express warranty; 2) breach of implied warranty; 3) violation of Civil Code S 1793.2 and 4) fraudulent concealment. On 10/24/22, Plaintiff served written discovery, including requests for production, set one ("RFPs"). GM timely responded, but Plaintiff contends the responses remain deficient despite meet and confer efforts. Plaintiff now moves to compel further responses to all RFP, i.e., nos. ...

Excerpt: ...er Tuggle") (collectively, "Defendants"), alleging a single cause of action for motor vehicle negligence. In the SAC, Plaintiff alleged that Officer Tuggle failed to exercise ordinary care prior to merging his patrol vehicle into the right-hand shoulder of the Alessandro Boulevard offramp, and caused his vehicle to come into the path of Plaintiff riding his motorcycle on the shoulder. (SAC MV-12.) As a result, Plaintiff allegedly crashed his moto...

Excerpt: ...eging (1) Breach of Contract, (2) Goods Sold and Delivered/Agreed Price, (3) Open Book Account, and (4) Account Stated. On February 10, 2023, Defendant filed an Answer, denying all allegations in the Complaint, and asserting affirmative defenses that Plaintiff's claims are barred by Plaintiff's consent, Plaintiff's failure to mitigate damages, Plaintiff's lack of capacity to contract, and are barred by a novation and/or an accord and satisfaction...

Excerpt: ...s to be heard after the cut-off dates. (CCP 52024.050(a).) The motion shall be accompanied by a meet and confer declaration. (ld.) In determining whether to reopen discovery, the court should consider: (1) the necessity and reasons for discovery; (2) the diligence or lack of diligence of the asking party; (3) the likelihood that permitting discovery will prevent the case from going to trial; and (4) the length of time between any prior trial date...

Excerpt: ...so suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intmate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to being heavily intoxicated. Decedent was found dead on the floor of Kanukov's room where Kanukov ad...

Excerpt: ...emedies Act ("CLRA"); and (5) intentional infliction of emotional distress. Plaintiff alleges that on July 14, 2021, he brought his 1998 GMC Sierra truck (the "vehicle") to Defendants to fix the repair sensor so the vehicle could pass a smog check. (Complaint at BC-I.) Defendants advised Plaintiff that the vehicle needed a new engine and some transmission work, which Plaintiff paid for. (Complaint at BC-I, FR-4.) Defendants kept the vehicle longe...

Excerpt: ...uthfulness of its contents or the proper interpretation of the documents. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113.) Objections: Overrule Plaintiffs' objections to exhibits 32, 35-37, and 38-44. Sustain Plaintiffs' objections for lack of foundation as to exhibits 9-31 and 33-34, as these exhibits are simply attached to the motion with no foundation or other explanation as to their origin. Overrule Plaintiffs' objec...

Excerpt: ...she sustained serious and permanent injuries from the collision. She filed her Complaint on 1/18/22 alleging four causes of action: 1) general negligence; 2) motor vehicle negligence; 3) negligence per se; and 4) negligent entrustment. * * Plaintiff, Jodi Lynn Chrisman, brings this motion to compel responses, without objections, to Special Interrogatories (Set Three) [SR], which Defendant failed to respond to. (CCP S 2030.290.) Plaintiff also see...

Excerpt: ...eeidence OPCO, LLC dba Riverwalk Post Acute ("Riverwalk"), Providence Group of Southern California, LLC, and Providence Group, Inc. ("Defendants"), asserting causes of action for elder abuse, violation of Health & Safety Code S 1430(b), wrongful death, and negligence per se. In the Complaint, Plaintiffs allege that Anna Almaraz ("Decedent") was a dependent adult who was involved in a motor vehicle accident in July 2021, that resulted in her being...

Excerpt: ...ce—including its prominent mutual arbitration clause—on four (4) separate occasions before the accident alleged in the Complaint. The claims she now purports to bring against Lyft arising out of her use of rideshare services arranged via the Lyft platform fall squarely within the scope of that agreement. Therefore, Defendant asserts that this court should therefore enforce the parties' agreement by compelling Plaintiff to arbitrate her claims...

Excerpt: ...Mark W. Flory ["Flory Decl."l at 94, Ex. 1; Opposition, p.3: 10-12.) On October 3, 2022, Plaintiff filed a Doe amendment adding Decedent's estate as a Doe #1. On January 25, 2023, Plaintiff filed a Doe amendment adding Defendant, Maria Lidia Cardoza aka Maria Lidia Pineda ("Defendant"), Decedent's spouse, as Doe #2. On August 18, 2023, the Court granted Plaintiffs motion for leave to file a First Amended Complaint ("FAC"). On August 21, 2023, Pla...

Excerpt: ...lot warranted and distributed by AHM. A Complaint was filed on October 5, 2022 and a First Amended Complaint on October 26, 2023 alleging: (1) Violation of Song-Beverly Act — Breach of Express Warranty; and (2) Fraudulent Inducement — Concealment. The gravamen of the pleading is that the subject vehicle was delivered to Plaintiffs with defects and conformities to warranty that substantially impaired the use, value, and/or safety of the vehicl...

Excerpt: ...e payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non-payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint for: (1) breach of written insurance contract; (2) breach of covenant of good faith and fair dealing; (3) intentional misrepresentation; (4...

Excerpt: ...n the scope of his employment with Defendants Jat Trucking ("Jat") 50 60 Heaven ("Heaven") and/or Fedex Ground Package Systems, Inc. ("Fedex"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Decedent's parents Plaintiffs Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg ("Plaintiffs") filed their Complaint on March 15, 2022. They assert nine causes of action for: (1) Ne...

Excerpt: ... (second) motion to bifurcate the trial and have this issue heard first before the liability and damages phases. Defendants seek an attorney fee award of $2,356,513. Defendants contend this amount is reasonable given the extent of the litigation in this case and in light of GTOK's eight-figure damages claim. Thirty-eight individuals were deposed in this action individually, resulting in a total of fifty-seven deposition transcripts. Defendants no...

Excerpt: ...e town car collided with a Dodge Ram. Denise Monroe claiming numerous physical injuries, including headaches, post-concussion syndrome, numbness in extremities, back pain, hip pain, and a neurocognitive disorder. Plaintiff Denise Monroe previously appeared for independent medical examinations (IME) with orthopedic surgeons Michael Weinstein and Nicholas Rose to address her various orthopedic issues. Defendants served an initial demand for IME wit...

Excerpt: ...nage his birth. Plaintiff alleges Defendants negligently diagnosed, cared for and treated him for his medical condition, which resulted in permanent injury and disability to his brain and cardiopulmonary damage. Plaintiff filed his operative First Amended Complaint (FAC) on 3/23/23 alleging a single cause of acton for medical malpractice. *** Plaintiff, Luke Barajas, a minor, by and through his Guardian ad Litem, Adrian Barajas, brings this motio...

Excerpt: ...ona, Inc. ("Vista Cove") entered into a commercial lease ("Lease") for the Subject Property. The leased premises are a skilled nursing care facility (SNF) and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agre...

Excerpt: ...t to the subject matter of this action, and the witnesses Plaintiffs seek to depose are the owners and employees of Defendant South California Road to Recovery who have knowledge of facts and documents that are relevant and essential in this action. Defense counsel has twice canceled the entre slate of depositions without justification in a transparent effort to stonewall discovery and has done so at the last moment, thereby intentionally running...

Excerpt: ... the Fosters approached Sajan with an opportunity to invest in real estate through the Fosters' business 2nd Chance Investment Group, LLC ("2nd Chance"). He invested $20,000 towards the purchase of property in Long Beach and was promised repayment plus a 20% fixed interest return on his investment within 6 to 8 months. When the Fosters/2nd Chance repaid the loan, they convinced Sajan to contact others to invest with 2nd Chance and the Fosters pro...

Excerpt: ...mber 2019 until her death on September 5, 2020. Decedent abused alcohol and amphetamines, while also suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to...

Excerpt: ...nd Pledge Agreement are collectively referred to as "Contracts"). Though the Note provides that payment terms are quarterly installments of $100,000 beginning March 1, 2019, none of the agreements provide on what day of the month the quarterly payments were due. Accordingly, without any language suggesting otherwise, Ciaburri was entitled to make payment until the last day of every quarter. In April 2019, Ciaburri began making timely quarterly pa...

Excerpt: ...vision, and retention against PUSD. Specifically, Plaintiff alleges he was a victim of sexual assault and molestation at the hands of Regalado, an employee of PUSD (as a coach and tutor), from 2013-2014, when he was 15-16 years old. (Complaint at 1, 10.) During this time period, Regalado was also charged and found guilty of sexually assaulting at least one other student of PUSD. (Complaint at 12.) *** On June 7, 2023, Plaintiff served requests fo...

Excerpt: ...that FCM's authorized repair facilities failed to repair the defects after a reasonable number of attempts. The complaint sets forth three causes of action for violation of the Song-Beverly Act. * * * on June 22, 2023, the parties entered into a settlement under which Defendants agreed to pay $52,510.75. In addition, Defendants agreed to pay attorney's fees and costs to be determined by motion in which Plaintiffs would be deemed the prevailing pa...

Excerpt: ...nsferred to Residential Funding Company, LLC ("Residential Funding") or 21st Mortgage Corporation ("21st Mortgage"). In 2022, 21st Mortgage allegedly recorded a notice of default. A notice of trustee's sale was recorded in March 2023. Plaintiffs allege that these documents were improperly filed because Attorney Lender Services, Inc. ("Attorney Lender") failed to record a substitution of trustee. Plaintiffs allege that Residential Funding and 21st...

Excerpt: ..."), Exhibit A.) Plaintiffs allege that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11, 22-29, 63-85.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(B); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability and ...

Excerpt: ...m Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regent") were aware of the fraternty's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operati...

Excerpt: ...r se. On October 3, 2023, Plaintiffs filed their operative First Amended Complaint ("FAC"), alleging the same two causes of action— negligence and negligence per se. Plaintiffs subsequently agreed to dismiss their second cause of action for negligence per se. (Becker Decl. 6.) In the FAC, Plaintiffs seek exemplary and punitive damages based on their first cause of achon for negligence. *** Defendant now moves to strike a portion of the FAC seek...

Excerpt: ...serious injuries. On October 6, 2023, Plaintiff filed his Complaint against the Inn and principle, Kalpesh Solanki (collectively "Defendants"). He asserts five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Negligence; and (5) Negligent Hiring, Supervision and Retention. Defendants now move for terminating sanctions against Plaintiff. Defendants assert that on July 17, 2023, their counsel obs...

Excerpt: ...iffs allege that the Vehicle was delivered with serious defects and nonconformities to warranty and that the Vehicle manifested additional defects and nonconformities within the applicable warranty period, which HMA's authorized facility was unable to repair. (Complaint, "1 10, 18, 22-24.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach...

Excerpt: ...uary 26, 2021 alleging negligence and premises liability. The matter proceeded to jury trial on May 15, 2023, and the jury returned a verdict in favor of Defendants and against Plaintiff. Judgment was entered on August 15, 2023. Defendants filed a memorandum of costs on August 25, 2023, seeking $48,319.26 in costs. Plaintiff now moves to tax $972.75 in filing and motion fees, $22,600 in witness fees and $11,803.09 in other costs. Defendant oppose...

Excerpt: ... was the driver of a 2003 Chevrolet Silverado who struck and killed Ms. De La Luz. Plaintiffs in the instant matter are decedent's heirs. Plaintiffs have sued the following defendants under the following theories of liability: (1) Bookout on the theory that aookout negligently operated her motor vehicle at the time of the incident; (2) Defendants IPS, Shariden, and Zimmer Consultants, Ltd. on the theory that they negligently designed and/or const...

Excerpt: ... agency named in Gov. Code, S 6103, and no filing fees were paid, the clerk shall include as part of the judgment the amount of the fees that would have been paid but for Gov. C'Nle, S 6103. Thus, under Gov. C'Nle, S 6103.5, filing fees are costs incurred but not paid, which are recoverable under the general costs statute. Since Gov. Code, S 5103.5, specifically prescribes the inclusion of these fees as costs in a judgment, a trial court has no d...

Excerpt: ...ntiff had entered into a PSA that is the basis of Plaintiff's claims. The PSA was not executed by SEQ and SEQ is not identified as a party to said agreement. Plaintiff asserted in this motion that SEQ is the alter ego of GKL, in an attempt to hold SEQ liable for an alleged breach of the PSA. The Court continued the 9/28/23 hearing to allow Plaintiff to take Gary Leff's deposition, and on 10/24/23 granted Defendants ex parte application to file fu...

Excerpt: ...ting relevance and specific facts justifying discovery. (CCP Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production "is met simply by a fact-s#cific showng of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the burden to justify any objections. (Kirkland, supra, 25 Cal.App.4th at 98.) l. he Discovery at Issue Is Relev...

Excerpt: ...racey, Ill and Gina Tracey, individually and as successorsin-interest to JOSEPH THOMAS TRACY IV ("Plaintiffs"), allege that Defendants Riverside Sheriffs Deputy SM TH #5198, Riverside County Sheriffs Investigator PORRAZZO #3299, Hemet Police Department Sergeant PAEZ #10459, and Riverside Police Department KERR #1697 (collectively, "Defendants" or "Hemet Defendants") ambushed JOSEPH TRACY IV ("Tracy' or "Decedent"), which caused him to flee. (Seco...

Excerpt: ...on stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) l. Overrule the Demurrer to the 5th Cause of Action for Fraudulent Inducement—concealment A. Specificity The elements of an action for...

Excerpt: ...n to the hospital where he died the next day. Plaintiffs Myesah Kimble and William Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regent") was aware of the fratern-ty"s history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orche...