Excerpt: ...ts") allegedly owned, managed, maintained, operated, repaired, directed, leased, and/or controlled 67990 E. Palm Canyon Drive in Cathedral City where the incident c„ccurred. The raised curb was a dangerous condition that Defendants knew of, or should have known of, for a sufficient time prior to the incident to have it repaired or warned of it. On 10/4/22, Plaintiffs Deborah and Justin Armstrong ("Justin") (collectively "Plaintiffs") filed thei...

Excerpt: ... for repair of defects and nonconformities, including, but not limited to, engine malfunction, transmission malfunction, the vehicle jerking while accelerating, and the vehicle shaking while driving. (ld. at '111.) She alleges that Defendant has failed to repair the subject vehicle to warranty after a reasonable number of attempts. (ld. at 12—13.) She further alleges that Defendant has refused to replace the vehicle or make restitution in accor...

Excerpt: ...iolation of the Song-Beverly Consumer Warranty Act. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiffs contend that they have noticed the PMK deposition multiple times but Defendant refuses to a PMK for relevant categories of testimony. It has also failed to provide dates to reschedule the deposition. They argue that both the categories and the documents identified in the depositi...

Excerpt: ... compulsory, leave must be granted so long as defendant is acting in good faith. (CCP 5426.50.) A Defendant always has the option of asserting any cause of action defendant has against the plaintiff in a cross-complaint. The cause of action need not be related to the subject matter of plaintiff's complaint in any way. The purpose is to allow plaintiff and defendant to settle all of their differences in a single lawsuit. (CCP 5428.10(a).) If defen...

Excerpt: ...ty"). Specifically, he alleges that Defendants have been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an "absent homeowner or occupant" as he has been providing care to his paraplegic wife. Plaintiff alleges he and Edward R. Cardoosl and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and...

Excerpt: ...bject collision, Defendant Jeremiah Montoya Haney ("Deputy Montoya Haney") was employed as a Deputy with the Riverside County Sheriff's Department ("RCSD"), was acting in the course and scope of his employment with RCSD, and was operating a RCSD issued patrol unit equipped with emergency lights and siren. (Def.'s Separate Statement of Undisputed Material Facts ["DSSUMF"] 2.) He was also equipped with a RCSD issued body worn camera. (ld. at '1 3.)...

Excerpt: ...of its anti-SLAPP. An appeal from an order denying an ant-SLAPP moton divests the trial court of jurisdiction to conduct any "further trial court proceedings on the merits upon the causes of action affected by the motion." (Varian Med. Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 192-193.) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the...

Excerpt: ...n defects that Defendant was aware of and failed to disclose. (SAC "16-70.) Plaintiff provided her vehicle to Defendant and its representatives but they were unable to repair the vehicle.(SAC 73-76, 89.) The Court previously sustained the Demurrer to the Fraud cause of action in the FAC finding: The Demurrer to the fraudulent concealment cause of achon is sustained on the grounds that Plaintiff has failed to allege the misrepresentations with suf...

Excerpt: ... motor vehicle. (Complaint at '1 27.) Plaintiff further alleges Defendant Jimenez Monterosa knew he was intoxicated and impaired such that he could not safely drive without putting others at a great and foreseeable risk of severe harm, and despite knowing this, he callously disregarded the safety of others and drove his vehicle at an excessive rate of speed, failing to slow or stop for red lights, while using his cell phone. (Complaint at 27-28.)...

Excerpt: ...rts have inherent power to 'take appropriate action to secure compliance with... orders, to punish contempt, and to control its proceedings" (Vidrio v. Hernandez (2W9) 172 Cal.App.4th 1443, 1445.) Code of Civil Procedure section 1211 provides that, "When the contempt is not committed in the immediate view and presence of the court an affdavit shall be presented to the court or judge of the facts constituting the contempt...." (Code Civ. Proc., S1...

Excerpt: ...rous condition of public property on the grounds it fails to state a cause of action under Gov. Cade 5835. Defendant asserts that the Complaint fails to state facts sufficient to show that the accident was caused by a dangerous condition of public property. Further, Defendant assert that under similar facts the court in Plattner v. City of Riverside (1999) 69 Cal. App. 4th 1441, expressly held a city has no duty to maintain a streetlamp at a cros...

Excerpt: ...xceed the time and mileage limitations of the other warranties. (99.) Plaintiffs allege the vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, the suspension, steering, and electrical system. (910.) Plaintiff filed the operative Complaint on 3/2/23 alleging violations of the Song-Beverly Act: (1) breach of express warranty; (...

Excerpt: .... Motions to strike can be used to attack the entire pleading, or any part thereof. CCP S 435(b). As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. CCP S 437(a). "[T]he court treats as true the material Page 6 of 10 facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." Washi...

Excerpt: ...warden summit Homeowners Association ("HOA"). The Bodewins allege the subject property is landlocked, with the north, east and southern boundaries shared with homes owned by HOA members. To the west, the property is bordered by Bodewin Court, a private street owned by the HOA, and which the Bodewins contend is the only point of access to the subject property. The City had previously used the property as a water reservoir and held limited easement...

Excerpt: ...yesaha Kimble and William Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity ("APA") and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regents") was aware of APA's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("E-Nunu"), was himself an APA member and helped recruit members, including Tyler,...

Excerpt: ... pleading or pretrial conference order." (CCP 5576.) Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does ...

Excerpt: ...o be sold to Plaintiffs the Vehicle without disclosing that the Vehicle and its transmission was (sic) defective and susceptible to sudden and premature failure." (ld., '1 37.) The Complaint alleges that Ford "acquired its knowledge of the Transmission Defect prior to Plaintiffs acquiring the Subject Vehicle, through sources not available to consumers such as Plaintiffs, including but not limited to pre-production and post-production testing data...

Excerpt: ... a medical practitioner who had permission from Defendant Eisenhower Medical Center ("EMC") to perform the invasive procedure on their premises Said suture caused a severe and lasting systemic infection which resulted in years of medical complications for the plaintiff. Plaintiff Gard has suffered medical expenses and pain and suffering as a direct result of the alleged negligence of Dr. llbeigi and EMC. Plaintiff filed a Complaint on June 2, 202...

Excerpt: ...ative and awyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interference; (6) economic in...

Excerpt: ...o the PSA agreement. It argues that SEQ had full knowledge and ratified GKL and Left's conduct. The evidence provided regarding alter ego does not support this argument. "Ordinarily, a corporation is regarded as a legal entity separate and distinct from its stockholders, officers and directors. under the alter ego doctrine, however, where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circum...

Excerpt: ...aranty to secure PWP's obligations. On September 15, 2020, Plaintiff filed its complaint alleging 13 causes of action: 1) Breach of Contract; 2) Goods Sold and Delivered/Agreed Price; 3) Open-Book Account; 4) Account Stated; 5) Breach of Personal Guarantee; 6) Breach of Contract; 7) Goods Sold and Delivered/Agreed Price; 8) Open-Book Account; 9) Account Stated; 10) Breach of Contract; 11) Goods Sold and Delivered/Agreed Price; 12) Open-Book Accou...

Excerpt: ...nt paramedics, agents and/or employeesl of Defendant American Medical Response Ambulance Service, Inc. ("AMR"), arrived to his assisted living facility, loaded him onto the gurney, and rolled him outside. As Defendants were attempting to put Plaintiff in the ambulance, Plaintiff contends they lost control of the gurney, and/or the gurney malfunctioned, causing it to flip over to the right. Plaintiff alleges he struck the ground with the right sid...

Excerpt: ...terprise Rent-A-Car ("ERAC-LA") negligently entrusted a rental vehicle to Defendant Josue Ayala Flores ("Mr. Ayala" per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC ("EAN"), the owner of the rented vehicle (a Ford Fusion). On January 28, 2022, a Complai...

Excerpt: ...usiness representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interferenc...

Excerpt: ...ed, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." In the present case, there is no dispute that Plaintiffs are the prevailing parties in the action and is entitled to reasonable attorney fees. Thus, the only question to be determined by this motion is the amount of the award. The California Supreme Court has indicated that attorney fee awards "should be f...

Excerpt: ... Plaintiff's claim is "probably valid." "Probable validity" of the claim for purposes of avoiding expungement under CCP S 405.32 means that it is more likely than not that the party who asserted the real pro#rty claim will obtain a judgment on the claim in that party's favor. (CCP S 405.3; J & A Mash & Barrel, LLC v. Sup.Ct. (Tower Theater Properties) (2022) 74 Cal.App.5th 1, 32-33.) As such, a S 405.32 expungement motion effectively requires the...

Excerpt: ... 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 fraternity's history of hazing and its employee/agent, Edkpeju Ed E-Nunu (MEd"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operative pleading is the fourth amended com...

Excerpt: ...ay, Decedent was struck by a delivery truck driven by Defendant Andrew Thomas 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"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Plaintiffs further allege that Defendant County of Riverside failed to maintain the roadway and access alley in ...

Excerpt: ...ber 2022 and issued invoices in the total amount of $98,848.07, which Defendant failed to pay. Plaintiff filed the Complaint on March 9, 2023, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value / work, labor and services; and 6) foreclosure of mechanic's lien. On April 14, 2023, Defendant filed a cross-complaint against her insurance carrier, Farmers In...

Excerpt: ..." or "GM"). GM provided Plaintiffs with both a Certified Pre-owned Bumper-To-8umper Limited Warranty and a Certified Pre-Owned Powertrain Warranty upon purchase. During the warranty period, the Subject Vehicle developed defects and nonconformities, including a Transmission Defect. Plaintiffs delivered the Subject Vehicle to GM's authorized repair agents on numerous occasions, but GM was unable to repair the defects. Plaintiff allege that GM refus...

Excerpt: ...alms Partners Capital, LLC ("Palms Partners"); (2) Oswit Canyon, Inc. dba Oswit Land Trust ("Oswit"); and (3) Ramin Saghian ("Saghian"). In the Complaint, the Associated alleged (1) breach of lease and CC&Rs (against Oswit & Palms Partners), (2) nuisance (against all Defendants), (3) nuisance per se (against all Defendants), (4) trespass (against all Defendants), (5) intentional interference with contractual relations (against Saghian), (6) inten...

Excerpt: ...which contained the forum selection clause at issue in this Motion. By this Motion, Defendant Coronis moves to dismiss the Complaint claiming the MSA on which is based contains a forum selection clause of Delaware. It contends under the MSA mandatory forum selection clause, the parties designated Delaware as the exclusive venue for any legal dispute arising under the MSA. It further asserts that enforcement of the forum clause is reasonable and w...

Excerpt: ...he court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) A demurrer, however, does not admit contentions, deductions, or conclusions of fact or law. (Daar v. Yellow Cab Co. (1967) 57 Cal.2d 695, 713.) If the complaint fails to state a cause of action, the court must grant the plaintiff leave Page 4 of 4 to ame...

Excerpt: ...ndants"), as well as Defendants Balcor, LLC and Sam Ostayan (the "Balcor Defendants"), alleging (1) breach of written contract, (2) breach of the covenant of good faith and fair dealing, (3) promissory fraud, (4) fraud—intentional misrepresentation, (5) fraud—negligent misrepresentation, (6) fraudulent transfer, (7) cancelation of instrument, Civ. Code S 3412, (8) specific performance, (9) intentional interference with contractual relations, ...

Excerpt: ...led 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 Agreement through which Versacare sold the leased premises to CCV. The Assignment provided that in the event CPA and Corona...

Excerpt: .... Plaintiff alleges that Reyna was distracted and driving at an unsafe S#ed for traffc conditions. Plaintiff alleges he sustained serious injuries and damages. Plaintiff filed his Complaint on 7/20/22 alleging two causes of action for motor vehicle and general negligence. *** Plaintiff, Martinez, brings these two discovery motions to compel further responses from Defendant, Lucky Air, Inc. (Lucky) to Form Interrogatories (Set One) [FRI No. 13.1; ...

Excerpt: ...eaded, cannot be established, or that there is a complete defense to that cause of action. (CCP Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v. Atlantic Richfi...

Excerpt: ...lief under CCP S 473(b) is applied where the party seeks prompt relief and where there will be no prejudice to the plaintiff. Miller v. City of Hermosa Beach (1993) 13 Cal.App.4th 1118, 1135. "A mistake of fact is when a person understands the facts to be other than they are; a mistake of law is when a person knows the facts as they really are but has a mistaken belief as to the legal consequences of those facts." Hodge Sheet Metal Products v. Pa...

Excerpt: ...y GM. (FAC, 3, 4.) The purchase came with a bumper to bumper warranty and powertrain warranty. (FAC, '14.) GM marketed and sold its new eight-speed automatic transmission as having "word- class performance" "rivaling top performance vehicles, lightning-fast and smooth shifting, along with improved fuel efficiency, among other representation." (FAC, '1 9.) Plaintiff alleges that, prior to purchase, he spoke with dealer sales representative about t...

Excerpt: ...into three construction contracts with general contractor Defendant Watkins Landmark Constructon and Jody James Watkins (collectively "Watkins"). The three agreements include: Work Site Contract, Holiday Inn Contract and Residence Inn Contract. Each contract contained a contract price and set number of calendar days for completion. On June 30, 2017, JL Hotels assigned its interest to Plaintiff Moreno Valley JL, LLC ("Plaintiff" or "MVJL"). In the...

Excerpt: ...ing and/or retention, (4) negligent failure to warn, train, or educate, (5) constructive fraud, (6) intentional infliction of emotional distress, (7) sexual harassment, (8) sexual harassment and abuse in educational setting, (9) breach of fiduciary duty, and (10) public entity liability for failure to perform mandatory duty. Plaintiff alleges that Defendant knew, or should have known, that its teacher was committing the acts complained of by Plai...

Excerpt: ...ce of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2031.310(c).) Failure to comply with the discovery deadline "is only 'jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them." (Sext...

Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained on the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability / dangerous condition of public...

Excerpt: ...ilable at uhaul.com/arbitraäon or from my local U-Haul representatives. (Brooks Decl. 2, Ex. A [emphasis addedl.) The U-Haul Arbitration Agreement provides: "'Claims' . shall be decided by binding arbitration administered by the American Arbitration Association in accordance with AAA Consumer Arbitration Rules (http://wwu.adr.org/consumer)...." (ld. at 4, Ex. B.) On August 13, 2020, Plaintiff allegedly picked up the rental truck from UHCA at its...

Excerpt: ...nd they are entitled to it via case law, and seek leave to amend. The court grants the motion with 30 days leave to amend. In order to plead punitive damages, a plaintiff must plead allegations of fraud, malice, or oppression with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for pun-tive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct...

Excerpt: ...ly to avoid the necessity of a formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1005, 1016.) Whether a "reasonable and good faith attempt" was made requires an "evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit." (Clementv. Alegra (2009) 177 Cal.App.4th 1277, 1294.) Here, the parties exchanged a few meet and confe...

Excerpt: ...ers v. Cariss (1990) 224 Cal.App.3d 905, 908.) The suffciency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) The complaint must be construed liberally... with a view to substantial justice between the parties." (CCP S 452; Gressley v. Williams (1951) 193 Cal.App.2d 636, 639.) Ifthe complaint fails to state a cause of ac...

Excerpt: ...otor Co., Inc. ("Honda"). Decedent purchased the Subject Vehicle in 2003 from Robertson Honda, which transferred all assets to Defendant Victory Automotive Group, Inc. dba Ocean Honda of North Hollywood ("Victory") (collectively with Honda "Defendants"). The Subject Vehicle was equipped with an airbag and seatbelt. On February 13, 2020, Decedent was front seat passenger in the Subject Vehicle, which was driven by her husband, when the vehicle was...

Excerpt: ...o Cardoza ("decedent") died on October 3, 2021, and Plaintiff first learned of his death in March 2022. Plaintiff's counsel thereafter made efforts to determine the status of decedent's estate and placed defense counsel on notice that any transfer of assets would be fraudulent in light of the pending lawsuit. On August 3, 2022, decedent's wife, Maria Lidia Cardoza ("Cardoza"), secured an order from Probate Court transferring decedent's property t...

Excerpt: ... Court (2002) 95 Cal. App.4th 92, 98.) The Discovery Act requires a meet and confer declaration under CCP S 2016.040 be submitted with the moton. The declaration must "state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the moton. (CCP S 2016.040.) Form Interrogatories Initially, Defendants assert the responses by Plaintiffs to form interrogatory 17.1 are incomplete as Plaintiffs failed to ...