Excerpt: ... cause of action on the grounds that they fail to state facts sufficient. For the warranty claims, it argues Plaintiffs have not pled the contract terms. For the concealment claim, it argues it is not pled with specificity as there are no allegations as to knowledge as to this specific car. There are no allegations that he saw any brochures, and there is no duty to disclose. It argues the economic loss rule applies. Plaintiffs contend that this i...

Excerpt: ..., or alternatively to, stay the pending action on the grounds a valid arbitration agreement (“Agreement”) exists between the parties, and Plaintiff's claims are of the type which are covered under the Agreement. In the Motion to Compel Arbitration (“Motion”), Defendant argues that Plaintiff agreed to arbitrate all claims asserted in the Complaint, and the agreement is enforceable both under the Federal Arbitration Act and California Law, ...

Excerpt: ...ab the homes with loans from private investors, and sell the homes for profit. Plaintiff alleges that Justin Tye represented to their grandparents that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff alleges these representations were made t...

Excerpt: ...endants have been evading service of the summons since the complaint was filed on June 1, 2020. On November 12, 2020, Plaintiff filed a proof of service showing defendant Alex Anders was personally served with the summons and complaint on November 7, 2020. Alex Anders now moves to quash the summons, arguing that the proof of service is false, and he was never served. Plaintiff opposes, arguing that the motion is untimely and that the facts show A...

Excerpt: ...lied warranties and that the vehicle was negligently repaired. The complaint states the following causes of action: 1. Violation of Song‐Beverly Act—Breach of Express Warranty; 2. Violation of Song‐ Beverly Act—Breach of Implied Warranty; 3. Negligent Repair. On 2/21/20, defendants filed a motion to compel arbitration, set for 4/2/20. On 3/13/20, plaintiff filed an ex parte application to continue the hearing to conduct pre‐hearing disc...

Excerpt: ...ntiff was using the ladder to look at kitchen exhaust/range hoods on Aisle 40 in Department 29 of the Mira Loma Home Depot store, his foot slipped and he fell. Plaintiff then brought the instant action against Home Depot. On August 7, 2020, Plaintiff served Defendant with 48 Requests for Production of Documents, 49 Special Interrogatories, 21 Requests for Admission, and Form Interrogatories. Prior to the September 21, 2020 due date. Home Depot's ...

Excerpt: ...non v. Sims Service Center, Inc. (1985) 164 Cal.App.3d 907, 914 (constitutionality upheld). The motion is made on the grounds that the plaintiff resides out of the state and that there is a reasonable possibility that the moving defendant will obtain judgment. §1030(b). The motion must be accompanied by an affidavit that sets forth the nature and amount of the costs and attorney's fees the defendant has incurred and expects to incur. The statute...

Excerpt: ...s. While Plaintiff was using the ladder to look at kitchen exhaust/range hoods on Aisle 40 in Department 29 of the Mira Loma Home Depot store, his foot slipped and he fell. Plaintiff then brought the instant action against Home Depot. On August 7, 2020, Plaintiff served Defendant with 48 Requests for Production of Documents, 49 Special Interrogatories, 21 Requests for Admission, and Form Interrogatories. Prior to the September 21, 2020 due date, ...

Excerpt: ... §11019(b).) Harassment is something that communicates an offensive message to the harassed employee. (Roby v. McKesson Corp. (2009) 47 Cal.App.4th 686, 706.) FEHA liability for harassment extends to any employee of a covered employer, and thus individual employees can be named as defendants. (Gov. Code, §12940(j)(3).) An employer's liability for harassment by someone other than a manager or supervisor is based on negligence‐ i.e., the miscon...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...en from the court's records. Monetary Sanctions under Cal. Code Civ. Pro. §128.5: Pursuant to Cal. Code Civ. Pro. §128.5, a trial court may order a party to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad‐faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (Cal. Code Civ. Pro. §128.5(a).) “Frivolous” means totally and completely without merit or f...

Excerpt: ... baseline amount. The contract also provided for an additional discretionary bonus based on the number of billable hours. In 2016, the Firm allegedly promoted Talkov to partner in order to avoid paying over a $28,000 bonus. Additionally, the Firm and Defendant Reid & Hellyer Employees 401(k) Profit Sharing Plan (“Plan”) failed to provide the employer‐matching component to the Talkov's 401(k) account. The Firm allegedly experienced significa...

Excerpt: ...019, arguing that defense experts Dr. Karl Steinberg and registered nurse Sandra Higelin have determined Defendant did not breach the applicable standard of care. The original hearing on February 19, 2020, was continued multiple times due to numerous procedural mishaps by Plaintiff and due to the pandemic‐related court closure. Defendant subsequently re‐filed the MSJ re: Breach on September 2, 2020. On July 15, 2020, Defendant filed a second ...

Excerpt: ...the motion for summary adjudication of the 3rd cause of action on the ground that Plaintiff failed to meet his initial burden. DENY the motion as to the 4th cause of action on the ground that Cor‐Ray has raised triable issues of material fact as to UMF Nos. 46‐48, 50, 52. Factual / Procedural Context Plaintiff, W.M. Lyles, alleges it is a licensed general contractor which was the successful bidder on a public works construction project referr...

Excerpt: ...atter. As with a demurrer, the party filing a motion to strike must meet and confer prior to filing the motion. C.C.P. §435.5. As is stated in the supporting Bridwell declaration, ¶¶3‐4, defendant's counsel both sent a letter regarding the subject of this motion and discussed the matter by phone. This is sufficient. The court may, upon a motion made pursuant to C.C.P. §435, or at any time in its discretion, and upon terms it deems proper st...

Excerpt: ...defendant intentionally concealed the fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment can be based on facts known only to a defendant, defendant knows plaintif...

Excerpt: ...torms flooded Plaintiffs' homes and properties. In a prior action, the parties reached a settlement agreement that provided for Beazer to compensate Plaintiffs for the damage and to make necessary repairs. As part of the settlement agreement, Beazer was to prepare and submit plans for the repairs to the City for approval. To date, Beazer has submitted various plans to the City but none have been approved. Plaintiffs allege that their properties h...

Excerpt: ...Baker (1999) 20 Cal.4th 23, 33.) Under Welf. & Inst. Code, § 15610.07, abuse of an elder or dependent adult means either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect under the law is defined as the “negl...

Excerpt: ...ness Interruption” coverage. The Policies were procured by Defendant Acrisure of California dba Brakke‐ Schafnitz Brokers (“Brokers”). On March 19, 2020, in response to the global COVID‐19 pandemic, Governor Gavin Newsom, issued an executive order closing all non‐essential business and requiring non‐ essential workers to shelter at home. (“Executive Order”). As a result of the order, Plaintiff's showrooms were closed and all man...

Excerpt: ...d nursing facility for postoperative care from July 11, 2016 until he was discharged in August 26, 2016. During this time, Defendant's staff allegedly left Decedent in the bed for hours and did not move him every 2 hours as medically required. In addition, they did not care for his personal hygiene as they left him in his urine and feces. As a result, he developed two stage IV bedsores. Plaintiff filed the original complaint on August 22, 2017 an...

Excerpt: ... were aware of and failed to disclose. On 12/1/18, 12/14/18, 1/11/19 and 2/1/19, Plaintiffs brought their vehicle to an authorized dealer for repair and each time, the vehicle was never fixed. Plaintiff filed the Complaint on 7/16/20 and First Amended Complaint (FAC) on 11/3/20 asserting causes of action for: (1) Breach of Express Warranty—Violation of Song‐Beverly Act; Page 8 of 10 (2) Breach of Implied Warranty—Violation of Song Beverly A...

Excerpt: ...irst document under Evid. Code §452(c) as it pertains to the official acts of the state. The court can properly take judicial notice of the second and third documents under Evid. Code §452(d) as they are court records. Defendants' requests should be granted. II. Meet and Confer CCP §§ 430.41(a) & 435.5(a) provide, in pertinent part, that before filing a Demurrer or Motion to Strike “the moving party shall meet and confer in person or by tel...

Excerpt: ...y of theories of recovery, including breach of contract, violation of due process, discrimination, slander, defamation, and obstruction of justice. Plaintiff argues the property was taken without just compensation and she is entitled to $1,800 per month until possession is returned. On 9/23/20, the court granted the County of Riverside's motion to quash and recommended that plaintiff seek legal advice for assistance, but plaintiff is still repres...

Excerpt: ...parties agreed to a Compromise and Release in the amount of $50,497.14, which was later reduced to an order. Part of the order provided NPG would pay $25,000 directly to Villalobos. In April 2020, NPG sent a check for $25,000 to Howser made out to “Nathan Howser Law Client Trust Account” and not Villalobos directly. Howser returned the check and asked NPG to comply with the order. On May 15, 2020, Howser filed the Petition for Sanctions, Cost...