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...

Excerpt: ... the following: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); Violation of Civil Code §1793.2(a)(3); (4) Breach of Express Written Warranty; and (5) Breach of Implied Warranty of Merchantability. Page 7 of 8 On September 14, 2022, Plaintiff propounded their Request for Production of Documents, Set One on Defendant. On October 10, 2022, Defendant served responses. Plaintiffs contend Defendant's responses contai...

Excerpt: ...oppose this motion. Plaintiff submitted the declaration of Dr. Donald Weissman with her supplemental papers. Defendant objects to the admission of Dr. Weissman's declaration on several grounds. Analysis Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (C.C.P. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that th...

Excerpt: ...to Dennis' house located at 5701 Dodd Street in Mira Loma (the “Premises”) was in his deceased wife's name, and her will deeded the home to his stepdaughters if he remarried. Dennis, Mary and Andrea were friends and members of The Church of Jesus Christ of Latter-day Saints. Following Mary's death, Dennis pursued Andrea romantically. In August 2015, Andrea agreed to marry Dennis. Andrea had a business selling wholesale clothing to retail comp...

Excerpt: ...heduled for January 11, 2023. On January 6, 2023, Defendant served an Objection to Plaintiff's Notice of Deposition of Defendant and Request for Production of Documents, and now seeks a protective order from this Court to prevent Defendant from being present on the noticed date as it was unilaterally noticed without first obtaining dates and times in which Defendant and Defendant's counsel would be available. Previously, on February 1, 2023, the ...

Excerpt: ... employment, he was harassed, mocked and ridiculed based on his race/national origin (Black/Nigerian) by employees and supervisors alike, including Grmusha. On a daily basis, they would make fun of Plaintiff's accent while he would speak and make comments mocking his accent. Page 6 of 10 In July 2021, Plaintiff informed his supervisor that he was suffering from anxiety and depression. Plaintiff requested to be transferred out of the Moreno Valley...

Excerpt: ...ooley at 2384 La Mirada Drive, Vista, California 92081. Defendants assert that the purported service as to all these Defendants is improper and void, and should be quashed. Plaintiff filed no proof of service of summons as it relates to MJNA, and therefore the service of summons must be quashed, as there is no evidence that the person served was MJNA's ostensible agent. Plaintiff did file a purported proof of service of summons as it relates to K...

Excerpt: ...(2) Premises liability, (3) Dangerous condition of public property, and (4) Public nuisance). WCA now moves for summary judgment on the Complaint as to the cause of action for negligence, which is the only claim Plaintiff asserts against WCA. The Complaint alleges as follows: On the night of December 30, 2020, Plaintiff was traveling west on Mission Boulevard in the City of Jurupa Valley, at which time he came across a eucalyptus tree, approximat...

Excerpt: ...005‐ E Notice of Demurrer and Demurrer to Complaint Tentative Ruling: Plaintiff alleges that this case is about a misguided collection of a debt. (Complaint ¶ 14.) Plaintiff alleges that the named Defendants, US Bank National Association, Banc of America Funding Corp. and Quality Loan Service Corp., are the true creditors and no money is owed as they hold no valid deed of trust. (Id.) Plaintiff alleges that the debt has been discharged against...

Excerpt: ...Plaintiff and his co‐workers were using equipment to grow marijuana and extract THC and/or CBD. The machines were designed, manufactured and/or assembled by Defendant Xtractor Depot, LLC, which is owned by Defendants Andrew Yoon, So Cal Medical Supplies, LLC, Sei Raikura, Jordan Kim, JK2, and Madam K. Plaintiff filed this action on 8/3/22. He filed the First Amended Complaint (FAC) as a matter of right on 10/31/22. The FAC asserts: (1) breach o...

Excerpt: ...�person deposition, and for the imposition of monetary sanctions against Plaintiff and her counsel of record for misuse of the discovery process. Defendant contends that (1) Plaintiff failed to appear to a properly‐noticed deposition and should be compelled to submit to a deposition; and (2) the Court must impose a monetary sanction in the amount of $3,903.75, absent specified findings, for Plaintiff/Plaintiffs' Counsel's misuse of the discover...

Excerpt: ...ation Health Plan, Inc., and The Permanente Medical Group Inc. (“Kaiser Defendants”). On February 9, 2021, the pump malfunctioned by administering too much insulin. Plaintiff was driving when this occurred, which caused him to enter hypoglycemic shock rendering him unconscious and unable to operate his vehicle resulting in his crashing into a concrete wall causing him severe personal injuries. Plaintiff alleges Medtronic knew the pump was def...

Excerpt: ...uisite to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Actual notice of the action alone is not a substitute for proper service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392 (“Zara”).) A summons may be served on an individual by delivering copies of the summons and complaint to him personally or to someone authorized to accept summons on his behalf. (CCP § 416.90; Zara, 199 Cal.App.4...

Excerpt: ...s argue the SAXC essentially repeats the allegations of the original cross‐complaint and the FAXC and such allegations are insufficient to constitute a cause of action as to the first to sixth, the eighth to fourteenth, and sixteenth causes of action. Each of the causes of action are challenged under Code of Civil Procedure section 430.10(e) for failure to state facts sufficient to constitute a cause of action and for uncertainty under Code of ...

Excerpt: ...ng pregnant. Plaintiff filed this action on February 10, 2021, alleging various FEHA causes of action, declaratory relief and wrongful termination. On May 13, 2021, Defendant filed an Answer alleging twenty‐ seven affirmative defenses. On September 22, 2022, the Court denied Defendant's Motion to Compel Arbitration. At that time, trial was set for January 20, 2023. Trial is now set for February 3, 2023. On December 14, 2022, Defendant brought a...

Excerpt: ... amount owed under the management agreement. The parties entered into a settlement agreement to resolve their disputes regarding the unpaid amount owed under the management contract. Plaintiff contends that Defendants breached the settlement agreement and owe Plaintiff $233,000.00. The complaint asserts a cause of action for breach of contract and fraud. Defendants were served via substitution of service through a school receptionist on 8/25/21 (...

Excerpt: ... he was not personally served as indicated by the proof of service. Further, that the address at which service was indicated is his mother's residence, not his, and that on the date of service the property was not occupied, but his brother would periodically stop by to collect the mail and check on the house. Defendant moves pursuant to CCP §473(b) to set aside default based on mistake, inadvertence, surprise, or excusable neglect. In opposition...

Excerpt: ...o amend as to the causes of action for equitable indemnity, declaratory relief, and third‐party tort of another. FNBA was granted a 30‐day leave to amend its pleading. In accordance with the Court's order, on October 17, 2022, FNBA filed its SACC, alleging the three causes of action for (1) equitable indemnity, (2) declaratory relief, and (3) third party tort of another. FNBA is a defendant in the underlying action filed by homeowners for FNB...

Excerpt: ...dants move to compel arbitration based on the Retail Installment Sales Contract (RISC) and the FAA applies. They argue that the equitable estoppel doctrine and Felisilda apply. They contend Plaintiff's claims are inextricably intertwined with the RISC because a plaintiff must have purchased a new motor vehicle to have a Song Beverly claim. They contend that the RISC has an express warranty as an additional provision. Defense argues they are a thi...

Excerpt: ...vided. He owes Home Care $48,197.03. The complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a cross‐complaint against Home Care. In his original cross‐ complaint he alleged that he could not be released from his rehabilitation center without proof of 24‐ hour care. Home Care represented that it cou...

Excerpt: .... (Complaint, ¶8.) On March 25, 2022, Defendant posted a negative review about Plaintiff's workmanship on the Better Business Bureau website. (See Complaint, ¶20.) Plaintiff alleges that the review is blatantly false, but that Defendant posted this information in order to extort Plaintiffs to make repairs to her kitchen and specifically to her backsplash that Plaintiffs was not responsible for. (Id., ¶21, 22.). Plaintiff sent Defendant a deman...

Excerpt: ...��Beverly Act, 2) Breach of Express Warranty Under the Song‐Beverly Act, and 3) Fraudulent Concealment. Demurrer: Defendant General Motors demurs to the 3rd cause of action for fraudulent concealment on the grounds that the claim is barred by the statute of limitations and/or the economic loss rule and/or fails to state facts sufficient to state a cause of action. Defendants asserts that the three‐ year statute of limitations for fraud bars P...

Excerpt: ...judicial notice of the tentative ruling on the last demurrer. Court filings are judicially noticeable (Evid. Code, § 452, subd. (c)), the document is relevant to the current procedural posture of the case. Request is granted. Petitioners request judicial notice of a redline comparison of the TAP and 4AP, an easement dead, ordinance no. 734, a letter used by HOAs to certify results of votes about STR issues, and some legislative history behind CC...

Excerpt: ...executed an Employment Agreement which includes a provision entitled “Agreement to Arbitrate Disputes” (the “March 2001 Arbitration Agreement”). (Id. at ¶¶ 6–7. Ex. A.) On May 16, 2001, upon Plaintiff's initial start date, Plaintiff again executed an Employment Agreement which includes a provision entitled “Agreement to Arbitrate Disputes” (the “May 2001 Arbitration Agreement”). (Id. at ¶ 9, Ex. B.) The May 2001 Arbitration A...

Excerpt: ...om her position for being pregnant. Plaintiff filed this action on February 10, 2021, alleging various FEHA causes of action, declaratory relief and wrongful termination. On May 13, 2021, Defendant filed an Answer alleging twenty‐seven affirmative defenses. On September 22, 2022, the Court denied Defendant's Motion to Compel Arbitration. Trial is presently set for January 20, 2023. Defendant now brings a Motion to for Leave to File Amended Answ...