Excerpt: ...es that the Subject Vehicle was delivered with defects and non-conformities. Plaintiff delivered the Subject Vehicle to authorized repair facilities on several occasions, but Defendant's agents were unable to repair it the vehicle after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle. On October 13, 2022, Plaintiff filed his Complaint. He asserts one cause of action for: (1) Violations o...

Excerpt: ... CCP 5439. Mr. Molinari declares that he sent a meet and confer letter to Petitioner, who is in pro per, on 4/10/23. (Dec.Molinari '1 2.) He declares that his meet and confer letter is attached, but it is not. Instead, Mr. Molinari has attached Petitioner's letter in response. (ld. Ex. "2".) Mr. Molinari concludes that Petitioner's letter indicates Petitioner was not interested in trying to resolve the legal errors in his Petition. (ld. 3.) In re...

Excerpt: ...the mortgage every month, he would receive title to the Property. (Comp. , 18.) Plaintiff and Thelma resided at the Property. (Comp„ '1 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, 2015, a grant deed was recorded transferring title from Defendants to Thelma only. (Comp„ Exh A.) As of June 2021, Plaintiff and Thelma's relationship ended. (Comp., 8.) On April 29, 2022, Plaintiff f...

Excerpt: ...sclassified as an independent contractor. Plaintiff alleges that he was required to complete two 10-hour unpaid "training" days, during which he essentially built sheds for customers in the same manner as other employees. Plaintiff alleges that he was often required to work shifts that were longer than eight hours without meal and rest breaks and without overtime or double time pay. Plaintiff asserts that, because he was misclassified and paid a ...

Excerpt: ...velt High School. (SAC "1 7, 20—21.) Defendant Corona-Norco Unified School District ("CNUSD") is a school district that maintains, operates, employs, supervises, and oversees the school district where Eleanor Roosevelt High School is located. (ld. at '1 2.) At all relevant times, Defendant Greg Anderson ("Anderson") was the principal of Eleanor Roosevelt High School. (ld. at 6.) On February 8, 2023, Plaintiff filed his operative SAC against CNU...

Excerpt: ...ut a thirty-day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Assuiaton ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction, as stated in the HOA's governing documents. (AR 1498- 1592.) Petitioners' pro#rty is also located within the Eldorado Barranca Property Owner's ("Barranca POA"). The Barranca POA ...

Excerpt: ...nd was the mother of Isabella and the husband of Fernando, who are Decedent's sole heirs. Plaintiffs allege that on 4/4/21 non-party Luis Alberto Leonides was driving a 2020 Nissan Sentra on the 91 freeway near Green River Road in Corona. Decedent was a passenger in the Sentra. Defendant, Baltazar Villanueva Ramos (Ramos) was driving his 2014 Chevrolet Camaro when he rear-ended the Sentra, which had stopped due to traffic. The impact caused the b...

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