Excerpt: ...Defendant engaged in discriminatory conducts in violation of the Fair Employment and Housing Act ("FEHA", Gov. Code, S 12900 et seq.) and the Unruh Act (Civ. Code, S 51 et. seq.) and retaliated against Plaintiff for participating in meeting and protest against the owners for uninhabitable conditions at the premises. Defendant now demurs to each of the 12 causes of action alleged by Plaintiff in her Complaint. Plaintiff alleges that, in August 201...

Excerpt: ...t of the sale of a single-family house in Palm Springs. Plaintiffs Greta Protctor and Brian Headman bought the property in the summer of 2018 from Jacqueline Thomas, DeeAnn McCoy, Freyed So LLC, and Thomboy Properties Inc. (“Sellers”). Plaintiffs allege the Sellers had purchased the property in 2017 as unlicensed flippers, knowing the property had significant construction defects. The Sellers used unlicensed subcontractors to perform work but...

Excerpt: ...empts. Plaintiff filed the Complaint on October 22, 2021, alleging violations of subsections (a)(3), (b) and (d) of Civil Code § 1793.2, as well as breach of express and implied warranty under the Song-Beverly Warranty Act (the “Act”). Plaintiff noticed the deposition of GM's Person Most Qualified (PMQ) on May 4, 2022. GM objected to the notice on several grounds. Plaintiff's counsel made multiple attempts to set a date with GM's counsel. On...

Excerpt: ...based on a Residential Lease Agreement (RLA), dated 12/29/16, which included an option to purchase provision. The first option to buy was for $110,000 and the second at $169,000 (represented by a Residential Purchase Agreement between the Trust and Defendants), but based on the lender's appraisal of the Subject Property Page 5 of 9 should be $150,000) The RLA included an attorney's fee provision (paragraph 40) providing that in any action or proc...

Excerpt: ...s timely filed on 1/19/23. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a default judgment under CCP §473(b) must be based on either: declarations or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP §...

Excerpt: ...th the operative complaint being the Third Amended Complaint (TAC). The TAC alleges causes of action for 1) failure to pay wages 2) disability discrimination; 3) perceived disability discrimination; 4) work environment harassment; 5) retaliation (Gov. Code, § 12940(h)); 6) retaliation [Labor Code, § 1102.5]; 7) retaliation [Labor Code, § 246.5]; 8) failure to prevent harassment, discrimination and retaliation; 9) failure to provide reasonable ...

Excerpt: ...rmination, failed to provide accurate wage statements, failed to maintain accurate payroll records, and failed to reimburse business expenses. Plaintiff filed the Complaint on July 14, 2022 alleging a single cause of action under the Private Attorneys General Act, Labor Code § 3698 et. se. (PAGA). Defendant now moves to compel Plaintiff to arbitration of her individual claims and stay (or alternatively dismiss) the representative claims pending ...

Excerpt: ...gan marketing similar products to Plaintiff's customers using confidential information in violation of their employment contracts. Plaintiff alleges that Defendants stole customer data and diverted sales from Impact to Activate Page 4 of 8 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 ...

Excerpt: ... one, via mail. Plaintiff failed to provide any responses. They request sanctions of $783 against Plaintiff. Plaintiff's counsel mis-calendared the response date. He complains about the lack of meet and confer. He contends that the court should allow Plaintiff to serve responses, upon receiving new counsel, pursuant to CCP §473. Defendants contend that there is no meet and confer requirement, that there is no basis for relief and still have not ...

Excerpt: ...reclosed on the property and Defendant Home Expo Page 6 of 6 Financial, Inc. obtained the property. Plaintiff filed this action on 12/15/22 and filed the First Amended Complaint (FAC) as a matter of right on 1/4/23. The FAC asserts: (1) fraud; (2) breach of fiduciary duty; and (3) quiet title. In a separate proceeding (UDCO 2201631), Home Expo filed an unlawful detainer action against Jauregui on 11/7/22. On the day of trial, the parties entered ...

Excerpt: ...ead. (Comp. ¶29.) Plaintiff alleges this defect places the subject vehicle at a heightened risk of being rear-ended and dangerously prevents the vehicle from moving out of the way of potential obstacles. (Comp. ¶31.) Plaintiff alleges Nissan knew of the defect but concealed this knowledge from consumers and Plaintiff. There are two defendants: Defendant Nissan (Comp. ¶2) and Defendant DPEP 3, Inc. dba Raceway Nissan (¶3). It is slightly confu...

Excerpt: ...xpress Warranty Under the Song-Beverly Act, and 3) Fraudulent Concealment. By these two Motions, Plaintiff moves to compel Defendant to provide further responses to special interrogatories 14, 40-45 and 57 and requests for production of documents 1, 3 and 9. Plaintiff asserts that the discovery sought relevant information, the objections are without merit and the responses were incomplete, non- responsive and/or evasive. In Opposition, Defendant ...

Excerpt: ...6 with Defendant Sigala. At the time of the accident, Sigala was not insured. Plaintiff, pursuant to its policy of insurance with Chapin, paid the total sum of $101,005.39 for property damages sustained and uninsured motorist and collision benefits. Plaintiff seeks recovery of this sum from Defendant. The FAC was served on Sigala on April 24, 2020 at 5:23 p.m. at 4460 Forest Street, Riverside, California. (Proof of Service filed 6/1/20.) Defendan...

Excerpt: ...emor 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 generally id. at ¶¶ 32-34.) On October 17, 2022 Plaintiff sued GM alleging two “breach of warranty” claims under SongBeverly and a single common law “Fraudulent Concealment” claim. Defendant now brings this demurrer to th...

Excerpt: ...pregnancy, childbirth or related medical condition [Cal. Gov't Code § 12940(a)]; 2. gender discrimination [Cal. Gov't Code § 12940(a)]; 3. gender plus discrimination [Cal. Gov't Code § 12940(a)]; 4. discrimination based on association with disability [Cal. Gov't Code § 12940(a); § 12926(o)]; 5. failure to prevent discrimination [Cal. Gov't Code §12940(k)]; 6. failure to provide equal pay to women [Cal. Lab. Code §1197.5(a)]; 7. sexual hara...

Excerpt: ...table dwelling, (2) breach of covenant and right to quiet enjoyment and possession of the property, (3) nuisance, and (4) negligence. The Complaint seeks general and special damages, rent abatement, punitive damages, and statutory damages under applicable law. Plaintiffs allege that they were tenants of a property located at 41241 Orange Place, Hemet, California (the “Property”), owned and managed by Defendants. (Compl. ¶ 1.) They have resid...

Excerpt: ...e Project consisted of over 50 lane miles of Jointed Plain Concrete Paving (JPCP) and the widening of twelve bridges including the Santa Ana River Bridge (SARB), which required erecting 175-foot, 235,000-pound girders. Plaintiff was the design-build contractor. In March of 2018, Plaintiff awarded the SARB girders subcontract to Defendant, OldCastle Infrastructure, Inc. (OldCastle), which was to fabricate and deliver the girders according to speci...

Excerpt: ...rdy (collectively “Defendants”) were all aware of the dangerous propensity of the dog. Defendants allegedly caused or allowed the dog to bite Plaintiff. Plaintiff's operative First Amended Complaint asserts claims for negligence and strict liability. Trial is set for April 14, 2023. On January 9, 2023, the court denied Defendant Topline's ex parte application to continue the trial to April 21, 2021. On January 9, 2023, the court amended the o...

Excerpt: ...chased a 2019 Chrysler Pacifica (the “Vehicle”), which was manufactured and distributed by FCA, from non-party dealer, Jim Manning Dodge, Inc. in Dinuba, California (Tulare County). (Complaint, ¶ 8; Declaration of Ali Azemoon in Support (“Azemoon Decl.”), ¶ 2, Exhibit A.) The Vehicle was backed by various warranties. (Complaint, ¶ 9.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warran...

Excerpt: ...aintiff alleges she was on her 32nd year of employment when was transferred from Southwest Justice Center to HOJ as a Court Service Assistant II. On December 13, 2016, Plaintiff was assigned to train with senior supervisor Defendant Jessica Torres (“Torres”). Plaintiff alleges Torres was “heavily bothered by plaintiff” as evidenced by heavy sighing, rude conduct and negative body language which created a hostile work environment. On April...

Excerpt: ...lied on codefendant Benjamin Iverson to act as her primary caregiver and custodian. The Complaint alleges that on an unspecified date, Decedent went to a BANA branch in Lake Elsinore, California, and transferred funds from her BANA accounts to accounts where Iverson was named as the POD beneficiary. Plaintiff contends this breached the terms of the trust which required Decedent to notify Patrick upon removal of assets from the trust. Decedent pas...

Excerpt: ...ok Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Page 5 of 7 Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on February 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, entered into a settlement agreement whereby VPI agreed to pay $7,5...

Excerpt: ..., and violated numerous wage and hour laws as a result. When she complained, she was terminated from her employment. Plaintiff filed the Complaint on May 12, 2022, alleging 1) failure to pay meal and rest break premiums; 2) failure to pay overtime; 3) failure to pay minimum wages; 4) failure to provide accurate wage statements; 5) violation of Bus. & Prof. Code § 17200 et. seq.; 6) civil penalties under Labor Code § 558; 7) failure to pay final...

Excerpt: ... that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing party may not rely ...

Excerpt: ...10, 000 (purchase option). If for any reason tenant declines to exercise the purchase option, the tenant shall have the option to renew the lease through and until 12/31/2020 on the same terms as stated in the lease agreement (renewal option). If tenant exercises the renewal option, tenant shall have the option on 12/31/20 to purchase the premises for a fair market value at that time. Fair market value shall be determined by a real estate profess...