Excerpt: ...factured and distributed by FCA. (Complaint, ¶ 10.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warranty period and that FCA and its representative were unable to repair the Vehicle after a reasonable number of attempts. (Complaint, ¶¶ 15‐17.) The Complaint sets forth five causes of action: (1) Violation of Song‐Beverly Act, Civ. Code § 1793.2(d) (against FCA); (2) Violation of Song‐Be...

Excerpt: ..., Inc. against Defendant Lozano is dismissed in its entirety. Moving party to provide notice pursuant to CCP 1019.5. On 4/14/21, Plaintiff Karol Counce filed the instant personal injury action against Defendants Circle K Stores, Inc. and Lozano Plumbing Services, Inc. for injuries incurred on 2/3/20. Plaintiff alleges that while using a toilet at Circle K, the toilet was not sealed or bolted to the ground, shifted and toppled to one side causing ...

Excerpt: ...at during the Covid‐19 Pandemic, Governor Newsom executed executive orders that protected her status. On July 21, she received assistance to pay the outstanding rental debt of $21,032.63, which would cover rental arrearages from January 2021 to December 2021 and future rent from January 2022 to March 2022. In January 2022, Defendants indicated that there was an outstanding balance of $1,384.80 and were issuing a three day notice. Plaintiff had ...

Excerpt: ...in 20 days of service of notice. Prevailing party to provide notice pursuant to CCP 1019.5. Plaintiff Stephen Valbuena alleges that he owns a home located within the Toscana Country Club community which is overseen by defendant Toscana Homeowners' Association (“HOA”); defendant William Overton (“Overton”) is the executive director of the HOA. (First Amended Complaint, ¶¶ 11‐13.) Plaintiff alleges that he had a verbal altercation with ...

Excerpt: ...ade between Defendant and Plaintiff's predecessor in interest (G Force LLC aka G Force Worldwide, LLC). The lease terminated on its own terms on 12/14/21 and Plaintiff has made it clear to Defendant that the lease would not renew and Defendant would need to vacate the premises. Defendant refused to leave and Plaintiff was forced to bring this unlawful detainer matter. The matter went to trial and resulted in a judgment in Plaintiff's favor. Plain...

Excerpt: ...endant”) operates a recreational vehicle (RV) lot in the City of Indio. It is comprised of 459 privately‐owned fee simple lots for RVs and one common lot owned by the HOA. The owners own their lot and share common facilities and amenities, and pay monthly HOA assessments. The HOA is governed by a seven‐member board of directors who are volunteer owners elected annually by the HOA owners (the “Board”). Plaintiff alleges she purchased a l...

Excerpt: ...n”) and Glenroy Coachella Holdings, LLC (“Glenroy”) (collectively, “Plaintiffs”) filed the complaint in this action on January 25, 2022 and the operative first amended complaint (“FAC”) on April 26, 2022 against defendants Doug Wall Construction, Inc. (“DWC”), Doug Wall (together with DWC, “Wall”) and Integrity Joint Control, Inc. (“Integrity”). Plaintiffs also named U.S. Real Estate Credit Holdings III‐A, LP (“USREC...

Excerpt: ... granted leave to file 2nd Amended Complaint consistent with this order within 30‐days. Prevailing party to provide notice pursuant to CCP 1019.5. Plaintiff filed her Complaint on January 1, 2022 and the operative FAC on April 22, 2022. She asserts four causes of action for: (1) Breach of Contract; (2) Intentional Interference with Contractual Relations; (3) Conspiracy; and (4) Fraud. This is a breach of contract case. In June, 2020, Plaintiff ...

Excerpt: ...fendant DMG Corporation (“Defendant”). The FAC set forth four causes of action: (1) breach of contract; (2) products liability (three counts); (3) negligence; and (4) negligent misrepresentation. On May 24, 2022, the court sustained Defendant's demurrer to the second and third causes of action with leave to amend. On June 24, 2022, Plaintiff filed the operative second amended complaint (“SAC”) (also a form complaint). The SAC sets forth f...

Excerpt: ...ty ordered to give notice pursuant to CCP §1019.5. Defendant Circle K Stores, Inc. moves the court to compel Plaintiff to provide further supplemental responses to Special Interrogatory No. 61. Defendant asserts that Plaintiff is seeking to recover tens of millions of dollars because she allegedly fell off an unsafe toilet inside a Circle K store and suffered a catastrophic head and brain injury on February 3, 2020. She alleges that her injuries...

Excerpt: ...eging 31 instances of inappropriate and disruptive behavior toward patients and staff starting 2014. (Id., ¶¶ 27 89.) The MEC sent Petitioner written notice of the action and his right to request a hearing. Petitioner requested a hearing by a Hearing Officer and the Judicial Review Committee (“JRC”) pursuant to the Hospital Bylaws, which hearing was conducted during April 2021. (Id., ¶¶ 5, 6.) On July 1, 2021, the JRC issued its decision ...

Excerpt: ...t to file answer within 20 days of service of Second Amended Complaint. This case arises out of the allegations that Plaintiff was sold a bedframe infested with bed bugs. The First Amended Complaint (FAC) alleges actions against the seller (Ashley Furniture) and other defendants that they played an active role in manufacturing, assembling, delivering, and installing furniture infested with bed bugs in Plaintiff's home. The FAC alleges 5 causes of...

Excerpt: ...us defendants for 1) misappropriation of trade secrets, 2) tortious interference with contractual relations, 3) conversion, 4) fraud and intentional misrepresentation, 5) false advertising, 6) UCL violations, 7) negligent interference with prospective economic advantage, 8) intentional interference with prospective economic advantage, and 9) breach of fiduciary duty. Defendants Jyoti Patel and Ellis Hospitality Group, LLC move the court to strike...

Excerpt: ...is adult son who was injured in an accident. The remaining defendants are InsuranceBeacon.com, Inc. (dba Magnolia Auto Insurance Services) and Erik Aguilar, the insurance brokers whom, plaintiffs allege, are ultimately responsible for procuring a policy that excluded Rivera, resulting in Rivera being unable to recover noneconomic damages when he was involved in an accident. The insurer, Infinity Insurance Company, prevailed on a motion for summar...

Excerpt: ...al owner of a shopping center. On December 23, 2008, Defendants George and Veronica Bakos (“Defendants”) entered into a five‐year commercial lease agreement (“Lease”) for the subject premises. On July 20, 2010, Defendants and Plaintiff's predecessor‐in‐interest executed a First Amendment to the Lease, which amended the permitted use of the premises. Plaintiff acquired the premises and all rights, title and interest in the Lease on O...

Excerpt: ... to meet and confer in person or by telephone prior to filing the present motions, as required by CCP sections 430.41 and 435.5. The court continued the hearing to give the moving parties time to meet and confer in compliance with the code. Defendants' counsel, Thuc Dan Ton Nu and Kelly Ryan, filed declarations on 8/19/22, indicating that counsel for both sides had met and conferred by phone, but had reached no resolution. Based on defendants' co...

Excerpt: ...ll precede the trial of any other issue or any other part thereof in the case.” (C.C.P § 598.) In addition, “[t]he Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action … or any separate issue or of any number of causes of action or issues…” (C.C.P. § 1048(b).) “A major objective of bifurcated trials is to exp...

Excerpt: ...ect Vehicle”) from Defendant Crystal Chrysler Jeep Dodge (“Crystal”). The Subject Vehicle was manufactured and/or distributed by Defendant FCA, LLC (“FCA”). In connection with the purchase, Plaintiff received various warranties, bumper to bumper express warranty powertrain warranty and emission warranty. Plaintiff alleges the Subject Vehicle suffered defects and non‐conformities during the warranty period. Plaintiff asserts that he de...

Excerpt: ...ction arising out of her employment with Defendants. On November 15, 2021, Plaintiff noticed the deposition of Defendant Dewey Wohl (“Mr. Wohl”) for January 1, 2022, and notified that the deposition would “continue from day to day with Saturdays, Sundays and holidays excepted, until Plaintiff's counsel determines that the deposition is completed[.]” (Barkhordar Decl. ¶ 2, Ex. A.) On January 20, 2022, Mr. Wohl appeared for deposition with...

Excerpt: ...'s written demand and subsequent written explanation of the authority on which the demand was made, and DMG's further written notice of intent to file this motion. In support of its motion, Defendant asserts that this case arises in the context of a commercial transaction between merchants‐‐Plaintiff, a licensed contractor, and Defendant, a manufacturer's representative of heating, ventilating and air conditioning equipment. Plaintiff entered...

Excerpt: ...ns contained within the purchase agreements are broad enough to cover the claims asserted against the moving Defendants, but concluded that the evidence submitted by Defendants in support of the fee motion was too general to assist the court in determining whether the fees requested were reasonable. For that reason, the court denied the motion, inviting Defendants to file a subsequent motion for attorneys' fees on or before August 1, 2022. The fa...

Excerpt: ...act, 2) slander of title, violation of HBOR, and 4) UCL violations arising out of the servicing of Plaintiff's mortgage. Plaintiff seeks a preliminary injunction to stop a pending non‐judicial foreclosure of Plaintiff's Property. On or around January 14, 2022, Affinia Default, on behalf of U.S. Bank, recorded a Notice of Trustee's Sale on Plaintiff's Property scheduled to take place on July 26, 2022. The court entered a TRO and set this matter ...

Excerpt: ..., Inc. dba The Red Barn, alleges that it owned and/or had an insurable interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (AVI) engages in the business of procuring commercial insurance policies for consumers and businesses in California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. How...

Excerpt: ...was previously continued on June 29, 2022 to allow Defendant an opportunity to satisfy its statutory obligation to meet and confer in accordance with CCP §§ 430.41(a). The parties subsequently discussed the pending demurrer, and defense counsel filed a supplemental declaration. The declaration does not fully comply with the court's June 29, 2022 order and defense counsel notably does not indicate that the parties spoke on the telephone or in pe...

Excerpt: ...omplaint Filed April 12, 2022 Defendant demurs on the grounds that the complaint fails to state a cause of action on the grounds that notice was provided by substitute service, expiration of the lease is not a sufficient ground for the action, waiver of “nonexistent rent” is insufficient relocation assistance, and the complaint is uncertain. In opposition, Defendant asserts that the lease expiration is not the only basis for the eviction beca...