Excerpt: ...court for an order that the errata to the complaint filed on March 15, 2023, be accepted and that Plaintiff's complaint be deemed verified. The Motion is made pursuant to California Code of Civil Procedure secton 473(a)(1). Plaintiff Ryan Walker asserts that the complaint in this case, which has always been a quiet title, resulting trust and fraud case, was inadvertently uploaded and filed without the verification page attached. This inadvertence...

Excerpt: ... the warranty period, and substantially impair the use, value, or safety of the vehicle. Plaintiff alleges that AHM failed to promptly replace the vehicle or make restitution under the Song Beverly Act (SSA) after a reasonable number of repair attempts. Plaintiff filed his Complaint on 12/30/22 alleging 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);...

Excerpt: ...(3) Fraud and Deceit; and (4) Unjust Enrichment. According to the Complaint, on January 14, 2014, the parties executed an AIR Commercial Real Estate Association Standard Multi-Tenant Shopping Center Lease-Net ("Lease") which provided that HKL would lease from El Paseo real property located at 800 N. Palm Canyon Drive, Suites D and E, Palm Springs ("Premises"). (SAC, '1 5; Exh. A.) On the same date and concurrent with the execution of the Lease, t...

Excerpt: ...LLC ("Defendant"). The vehicle was sold with a 3-year/36,OOO-mile basic coverage warranty and a 5-year/60,OOO-mile powertrain warranty. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff delivered the Subject Vehicles to authorized repair facilities on several occasions, but Defendant's agents were unable to cure the defects. Plaintiff a...

Excerpt: ...l Motors, LLC ("Defendant"). Plaintiff alleges that the subject vehicle was delivered with serious defects that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The operative pleading is the third amended complaint. It asserts the following causes of action: (1) violation of Civil Code S 1793.2(d); (2) violation of Civil Code S 1793.2(b); (3) violatio...

Excerpt: ...2, Plaintiff was attacked by another student (referred to as "Student V") who approached Plaintiff from the back without warning, cut Plaintiffs hair off and threw it to the ground. (FAC, 15.) Plaintiff brings this action against the District for negligence under the theory of derivative liability (Gov. Code, S 815.2), claiming that the District was vicariously liable for injuries caused by the act or omission of its employee for negligently and ...

Excerpt: ... which Plaintiff alleges led to his wrongful termination in August 2020. The Complaint filed on June 29, 2022 alleges the following: (1) discrimination on basis of race/ethnicity; (2) harassment on basis of race/ethnicity; (3) associational discrimination based on a disability; (4) retaliation for taking a CFRA/FMLA leave of absence; (5) retaliation for engaging in protected activity; (5) failure to prevent discrimination, harassment and retaliat...

Excerpt: ...located on Defendants' property. Plaintiffs allege that Defendants, Energy Capital Partners Ill-C (Terra-Gen IP), LP; First Sentier Investors (US), LLC; Painted Hills Wind Holdings, LLC; Site Constructors, lnc„ owned, managed, maintained, operated, repaired, directed, leased and/or controlled the premises located at 59957 16th Avenue in Whitewater, California. On the date of the fall and prior to it, Decedent was lawfully on the premises as a g...

Excerpt: ...osts on May 10, 2023. Robert seeks costs in the total amount of $2,129.29. * * * Plaintiff now moves to tax costs. Plaintiff notes that all of the claimed costs were incurred on behalf of both Robert and Lea and argues in short measure that any award of costs should be reduced because Lea was not a prevailing party. In addition, Plaintiff argues that Robert is not entitled to recover costs for excessive electronic filing fees in the amount of $11...

Excerpt: ...iation of trade secrets under the federal Defend Trade Secrets Act of 2016 ( 18 U. S. C. S 1836, et seq.), and awarded compensatory damages in the amount of $1,156,868.00. The jury found that Defendant engaged in willful and malicious misappropriation of trade secrets. The jury found that Defendant engaged in conduct with malice, oppression, or fraud, and awarded punitive damages in the amount of $200,000.00. On October 21, 2022, the court signed...

Excerpt: ... in one day. Defendant, Janet Pao, Plaintiff's teacher, witnessed the first incident, perpetrated by six classmates, that occurred in her classroom, but she did not rescue Plaintiff, report it to administrators, nor to Plaintiff's parents. The second incident, perpetrated by six classmates and two other students, occurred during lunch and was witnessed by Pena, classmates, and a school supervisor. Plaintiff's mother allegedly reached out to Pao, ...

Excerpt: ...bject Vehicle") from Oremor of Riverside GM, LLC in Riverside, California ("GM" or "Defendant"). (See Complaint, 5, 32.) Plaintiffs do not claim to have spoken with any GM personnel before they decided to buy the Silverado. (See Page 5 of 10 generally, ld. at 32-34.) On October 17, 2022 Plaintiff sued GM alleging two "breach of warranty" claims under Song-Beverly and a single common law "Fraudulent Concealment" claim. On February 23, 2023, the Co...

Excerpt: ... (2) breach of implied warranty; (3) Civil Code 51793.2; and (4) fraudulent inducement/concealment. Defendant demurs to the 4th cause of achon on the grounds it fails to state sufficient facts. Defendant argues that the statute of limitations bars the claim, is not pled with specificity, and no facts are alleged to support a duty to disclose. Defendant also moves to strike punitive damages contending that they are not available under Song-Beverly...

Excerpt: ... During the warranty period, the vehicle manifested defects which Defendant was unable to repair. The complaint sets forth statutory claims under the Song-Beverly Act and a claim for fraudulent omission. On February 23, 2023, Plaintiffs accepted Defendant's offer to compromise under CCP S 998 ("998 Offer") in which Defendant agreed to buy back Plaintiffs' vehicle for $66,500 plus pay reasonable attorney fees, costs and expenses pursuant to Civil ...

Excerpt: ...e T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep it. City also informed Plaintiff that they would give him a 20-year lease with two 10-year options to extend. In June 2014, RASI delivered a bill of sale for the buildi...

Excerpt: ...OENA FOR PRODUCTION OF BUSINESS RECORDS AND REQUEST FOR REASONABLE ATTORNEY'S FEES AND COSTS FROM DEFENDANT IN THE AMOUNT OF $4,000.00 CVR12203470 BOLLINGER vs CITY OF CORONA Motion to Quash Deposition subpoena for Business Records from capstone Logistics CVR12203470 BOLLINGER vs CITY OF CORONA Mohon to Quash Deposition Subpoena for Production of Business Records directed to Allegion Steelcraft CVR12203470 BOLLINGER vs CITY OF CORONA Motion to Qu...

Excerpt: ...rative pleading is the third amended complaint. It asserts the following causes of achon: (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 (5) fraudulent inducement - concealment. On December 20, 2022, Plaintiff electronically served Defendant with Requests for Production of Documents ("RFP"). (Declaration of Rabiya ...

Excerpt: ...h Correctional Facility where she worked as a registered Page 15 of 22 nurse until December 2021. (SAC, 15.) In January 2022, the County promoted Plaintiff to the charge nurse position and transferred her to the Robert Presley Detention Center. (SAC, '1 17.) Plaintiff reported to Maxwell Setsoafia ("Setsoafia") and her supervisor was Anthony Wilkins ("Wlkins"). (ld.) She agreed to work a 5- day a week 8-hour schedule for more coverage of the most...

Excerpt: ...erference with Contract; (10) Intentional Interference with Prospective Economic Advantage; (11) Intentional Infliction of Emotional Distress; (12) Slander Per Se; (13) unfair Competition in Violation of Bus. & Prof. Code S 17200 et seq.; and (14) Declaratory Relief. Defendants/cross-complainants seek a preliminary injunction enjoining and restraining Rob Doxey from committing or performing, directly or indirectly, any of the following acts durin...

Excerpt: ...ntiff") was riding a 2020 Yamaha MC Motorcycle. Plaintiff filed a Complaint alleging personal injury on June 16, 2021. Defendant filed an Answer on March 4, 2022. The matter is now set for trial to commenced on June 30, 2023. On March 23, 2023, Plaintiff underwent an independent medical examination ("IME") performed by Dr. Paul Edward Kaloostian, a neurosurgeon. Defendant now seeks a second IME by Rosabel Young, M.D., a neurologist. This motion i...

Excerpt: ...s") (all collectively, "All Defendants"), asserting three (3) causes of action for (1) General Negligence (against All Defendants); (2) Negligent Entrustment (against Michael and the Dominos Defendants); and (3) Negligent Hiring, Supervision, or Retention of Employee (against the Domino Defendants). Plaintiff alleges that on March 10, 2022 at approximately 8:04 p.m., she was a #destrian who was struck by a 2022 Volkswagen Tiguan driven by Defenda...

Excerpt: ... Negligence Against All Public Entities; (3) Negligence — Motor Vehicle Against Benjamin Guzman. By this Motion, Plaintiff moves for relief from waiver of objections to Form and Special Interrogatories, Requests for Document Production and Requests for Admissions. He contends that substantially compliant responses have been served and the failure to serve the written objections was the result of mistake, inadvertence or excusable neglect due to...

Excerpt: ...m the Department of Industrial Relations ("DIR") as to whether Petitioner's project was subject to prevailing wage laws (Labor Code S 1720, et seq.). In August 2018, DIR's hearing officer determined that the project was subject to prevailing wage laws. Petitioner contends this determination was incorrect because City is a charter city with a code provision that makes the prevailing hourly rate inapplicable to the project. Petitioner appealed the ...

Excerpt: ...lief. Defendant filed an Answer on December 2, 2022. Defendant now moves for an order granting leave to file the attached Cross-complaint ("XC"). This motion is made pursuant to CCP SS 426.30(a) and 426.50 on the grounds that Defendant's motion to assert a related cause of action against Plaintiff should be granted because failure to assert the related cause of action was due to oversight, inadvertence, mistake and neglect, and Defendant acted in...

Excerpt: ... defects, Plaintiffs brought the vehicle in for repairs to Defendant General Motor, LLC's ("GM" or "Defendant") authorized dealership(s) who were unable to repair the defects, despite having cumulative possession of the vehicle for 55 or more days. These were days that the vehicle was unavailable to Plaintiffs and were days out of service. Yet Defendant refused to buy back the vehicle, so Plaintiffs seek an appropriate remedy under California law...