Excerpt: ...been received by the court. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure S473(b). A moton to set aside a default judgment under CCP S473(b) must be based on either: declarations or other evidence showing "mistake, inadvertence, surprise, or excusable neglect" (in which event, relief is discretionary). CCP S473(b) grants the trial court discretion to vacate a default judgment (and/or any othe...

Excerpt: ...ployment in Oklahoma and was set to begin work in June 2022 so they began the process of selling the house and intended to use the sale proceeds to purchase a new home in Oklahoma. Plaintiffs allege that they had an oral agreement with Defendants, whereby Plaintiffs would pay off all of Defendants debt, pay the entre down payment on the house, and split all property-related expenses equally with Defendants. In return, Defendants would apply for a...

Excerpt: ...The Complaint in the underlying action alleges the causes of action for breach of contract, negligence, and declaratory relief against FNBA. Thereafter, FNBA filed a Cross-complaint against Rockledge Gardens Condominium Association and the home insurance carrier, Amica Mutual insurance, seeking to recover attorney's fees and litigation cost incurred in its defense against the homeowner's action. On October 17, 2022, FN8A filed its operative Secon...

Excerpt: ...ble neglect" Page 5 of 6 (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP S473(b), the court is required to vacate any default or dismissal "whenever an application for relief is made no more than six months after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surpris...

Excerpt: ...son, CA 90745. Plaintiff alleges that PLE has failed and is refusing to pay the unpaid balance of $19,264.34, plus interest. The Complaint in this action was filed on March 04, 2021. On August 18, 2021, PLE filed a Cross-complaint against RGCC, alleging the following causes of action: (1) breach of contract, (2) goods sold and delivered/ agreed price, (3) open-book account, (4) account stated, (5) comparative indemnity and apportionment of fault,...

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: ...ors, LLC. (FAC 4.) Plaintiff alleges that the subject vehicle was delivered with serious transmission defects that Defendant was aware of and failed to disclose. (FAC 12-59.) Plaintiff provided his vehicle to Defendant and fts representatives but they were unable to repair the vehicle. (FAC '162-64, 70.) Plaintiff filed the Complaint on 7/21/22 and First Amended Complaint (FAC) on 11/15/22 asserting causes of achon for violations of Song-Beverly ...

Excerpt: ...ant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Plaintiff contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Property") and continued contributing to the mortgage every month, he would receive title to the Property. (Comp., 18.) Plaintiff and Thelma resided at the Property. (Comp. , 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, ...

Excerpt: ...5, 2021, Plaintiff filed her Complaint, asserting two causes of action for: (1) General Negligence; and (2) Premises Liability. Defendant now moves for an order requiring Plaintiff to pay an undertaking suffcient to cover Defendant's court costs. Defendant asserts that during her deposition, Plaintiff indicated that in 2022, she relocated to New Mexico to live with her daughter. Defendant argues that because Plaintiff is now an out-of-state resid...

Excerpt: ...laint 8-9.) In that prior litigation, the parties reached a settlement that was embodied in a Binding Term Agreement. (Complaint '1 10.) The settlement itself had three performance items: (1) the Mark Wynne parties were to pay $175,000 to the attorney- client trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate propert...

Excerpt: ... T Hanger. RASI owned the 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 bi...

Excerpt: ... purchase, the LITV came with Defendant's express warranty as well as an implied warranty of merchantability. (ld. at 8.) Plaintiff alleges that the LJTV was delivered with defects and nonconformities and that Defendant failed to repair the defects after a reasonable number of attempts. (ld. at 10—14.) On September 13, 2021, Defendant filed a general denial of all claims asserted in Plaintiff's Complaint and denied all liability. * * * On or ab...

Excerpt: ...red by General 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 first 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);...

Excerpt: ...Defendant asserts that Plaintiff's claims for Strict and Negligent Products Liability against Defendant Chi are based on Plaintiff's unsupported claims that Defendant Chi, as the President of Golden Bag Company, Inc. ("Golden Bag"), was the broker for Republic Bag when Republic Bag purchased the Subject Machine, and therefore placed the Subject Machine into commerce. However, the undisputed evidence reflects that the winder machine was not broker...

Excerpt: ...rty to amend any pleading .. CCP S473(a)(1); see also CCP 5576 ("Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order."). A formal motion to amend must be served and filed on all parties affected thereby. CCP 5471.5; see also Dye v. Caterpillar, Inc. (2011) 195 CA4th 1366, 1380, 125 CR3d 890, 900. The ...

Excerpt: ...llow a party to amend any pleading .. ." CCP S473(a)(1); see also CCP 5576 ("Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order."). The motion must include: (1) a supporting memorandum containing a statement of facts, a concise statement of the law, evidence and arguments relied upon, and a discussio...

Excerpt: ...laint 8-9.) In that prior litigation, the parties reached a settlement that was embodied in a Binding Term Agreement. (Complaint '1 10.) The settlement itself had three performance items: (1) the Mark Wynne parties were to pay $175,000 to the attorney- client trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate propert...

Excerpt: ...s they personally suffered on the account of the decedent's death. In addition, Ricardo Aguilar, Sr., as the administrator of Estate of Ricardo Aguilar, Jr. is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Defendant City demurs for the third time as to the first and the second cause of action alleged in the pleading after the Court's sustaining of ...

Excerpt: ...ntial information in violation of their employment contracts. Plaintiff alleges that Defendants stole customer data and diverted sales from Impact to Activate and used Plaintiff's intellectual property in the design of the Activate website to make it look like Impact's website. Plaintiff also asserts that Defendants stole technical and manufacturing plans. Plaintiff filed its Complaint on June 21, 2019 for: (1) Breach of Contract; (2) Breach of D...

Excerpt: ...ndant's District. (Complaint '1 10.) While Plaintiff was enrolled at Central, she alleges there existed an atmosphere of bullying that was tolerated and students felt that they could bully each other physically or verbally, without facing any meaningful consequence. (ld.) Plaintiff alleges she was physically bullied by Student V, Student K, and Student A on multiple occasions, all of which culminated to an act of bullying that occurred on April 1...

Excerpt: ...eement contains an arbitration clause at 914. On or about December 30, 2022, Plaintiff filed its Complaint against Defendant. The Complaint alleges four causes of action for (1) Breach of Contract; (2) Quantum Meruit; (3) Account Stated; and (4) Open Book Account. Plaintiff admits that the parties entered into the Agreement. (Complaint, 95: "On August 29, 2019, Defendant and Plaintiff entered into a written dealer Agreement, pursuant to which Pla...

Excerpt: ...o 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 punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that con...

Excerpt: ...hat Defendants Topline, Minnegren, THOR, Barland, and Hardy (collectively "Defendants") were all aware of the dangerous propensity of Barli and caused or allowed the dog to bite Plaintiff. Plaintiff's operative First Amended Complaint ("FAC") asserts claims for 1) negligence [against all Defendants]; and 2) strict liability [against Minnegren and THOR only]. rial is set for April 14, 2023. *** Topline now moves for summary judgment on the FAC. (C...

Excerpt: ...vehicle to Defendant's dealership for repair, but Defendant was unable to conform the vehicle to the applicable warranties. (ld. at 14—15.) Plaintiff requested the vehicle be repurchased or replaced, but Defendant refused. (ld. at 21, 23.) On 13, 2021, Plaintiff filed a Complaint against Defendant, alleging (1) violation of Civ. Cuie S 1793.2(d); (2) violation of Civ. Code S 1793.2(b); (3) violation of Civ. Code S (4) breach of express written ...

Excerpt: ...ant") on February 9, 2019, after she negotiated and purchased an RV from Defendant designated at Space #150 (the "RV"). (Complaint, 15, 22.) Prior to that date, Plaintiff met with property managers Ms. Mooshi Bijah ("Ms. Bijah") and Ms. Jaleh Moaveni ("Ms. Joy") who offered to sell her the RV for $7,500 with a $2,500 cash deposit, with the remaining balance to be paid off through monthly payments of $180. Plaintiff would also have to pay a monthl...