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: .... 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: ...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: ...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: ... 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: ...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: ... 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...