Excerpt: ...y, defendant Ford of upland ("upland"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on June 27, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, a fifth cause of action for fraudulent inducement — concealment against Ford, and a sixth cause of action for negligent repair ag...

Excerpt: ...Center. She contends the subpoena is overboard as they request any and all medical records. In addition, she claims the subpoena violates her right to privacy and the Court is inclined to deny the Motion, requests a protective order narrowing the scope of information. Plaintiff seeks sanctions for having to bring this Motion. In Opposition, Defendant contend Plaintiff did not properly meet and confer. In addition, he claims the subpoena is reason...

Excerpt: ...orrosion Perforation Limited Warranty, Powertrain Limited Warranty, and Federal Emission Warranty. (ld. at '1 15, Ex 1 at 2.) During the warranty period, the subject vehicle developed defects and nonconformities to warranty including, but not limited to transmission. (ld. at 15.) Plaintiffs delivered the subject vehicle to FCA's authorized repair facility for repair, but FCA was unable to conform the vehicle to the applicable express warranty wit...

Excerpt: ...iation), 6th (Failure to Engage in the Good Faith Interactive Process), 7th (Failure to Provide Reasonable Accommodations), 8th (Violation of the California Family Civil Rights Act), 9th (Retaliation), and 10th (Intentional Infliction of Emotional Distress) causes of action. Defendants submitted the declaration of Attorney Cara Strike with its reply. However, under general rule of motion practice, new evidence or arguments raised for the first ti...

Excerpt: ...City Manager Tom DeSantis (DeSants) gave notice of "his intenton to resign or retire." (FAC 12.) The FAC alleges sometime that day, DeSantis struck a "secret deal" with former Mayor Yxstan Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a "settlement agreement" to pay DeSantis "an enhanced settlement package worth over $300,000." (FAC 13.) After the closed session, Early "reported out of closed session de...

Excerpt: ...hat Defendant previously knew of such Defects but nevertheless refused to repurchase the vehicle (i.e., Nos. 16, 19-20); (2) those relating to Defendant's warranty and vehicle repurchase policies, procedures, and practices (i.e„ Nos. 7, 10 and 34). Further, Plaintiff asserts that notwithstanding the plain relevance of these documents to Plaintiff's claims, however, Defendant has responded to the Requests at issue by way of pure, objections and ...

Excerpt: ...tract with American Honda —the New Vehicle Limited Warranty. (Comp. 99.) The basic coverage lasts 36 months or 25,000 miles, whichever comes first, and the powertrain coverage lasts for 60 months or 60,000 miles, whichever comes first. (Comp. 99.) Plaintiffs allege the vehicle suffers from defects, including a defective "Honda Sensing" system, a computerized driver-assistance system. (Comp. 985.) Plaintiffs bring the instant suit against Honda ...

Excerpt: ... period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at 10.) During the warranty period, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to the Body System Defect and Powertrain Defect. (ld. at 11—12; Manno Decl. "14—5.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for service or repair, but GM was unable ...

Excerpt: ...tion on June 23, 1986. Plaintiff worked as an executive administrative assistant serving several of Defendants' managing employees and executives. (Comp. "11-12.) Plaintiff was terminated from her employment on July 16, 2021. (Comp. 914.) Plaintiff alleges Salvador Mantes, Vice President of Operations, and Luis Tavares, Director of Operations, consistently spoke about the need to hire younger employees. (915.) Tony Sapien took over the position o...

Excerpt: ... to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46-187.) On 12/20/21, the Board issued its notice of decision. (AR 16). On 2/17/22, the Board issued a final findings of fact. (AR 1-15.) Plaintiffs' expert, Ben F. Tunnell, Ill of BTI Appraisal, used both a cost approach and sales comparison approach. (AR 5.) In contrast, Ricardo Ocampo, Senior Appraise, found that the subject property was unique such that ava...

Excerpt: ...hts and due process rights found under Proposition 218. They argue the bonds improperly require that rate payers pay the #nsion liabilities for long-ago retired City employees, which is improper. The complaint for validation asserts the following causes of action: (1) validation action regarding Resolutions Nos. 23917 and 23924— City commitment to raise water rates through bond issuance and rate covenant in violation of California Constitution;...

Excerpt: ...of the Defendants are the true creditors as it has been discharged through a 2015 bankruptcy discharge (SAC 16-28.) As it relates to Defendant Samuel Hamrick, the SAC alleges: 69. As well known, Interloper- US BANK NA as Trustee OF AN UNKNOWN TRUST (USB as Trustee) is not allowed in this action. Nevertheless, with the help of an accomplice, the clerk of the superior court Defendant W. SAMUEL HAMRICK, JR., Interloper-USB-WACHOVIA was forcibly inse...

Excerpt: ...gail Baker, N.P. ("NP Baker"), and Britanny Travis, M.A. ("MA Travis") (collectively, "Defendants"). On July 25, 2022, Plaintiffs filed their operative Second Amended Complaint ("SAC"), alleging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. Motion to Compe...

Excerpt: ...e terms of the Settlement. The Plaintiffs in the Prior Action subsequently dismissed the action, and filed the complaint in a separate action (CVRI 2203209). The court in CVRI 2203209 denied a special motion to strike. The decision was appealed, and the case is currently stayed. Plaintiffs the Estate of Frances Marsh (by and through its personal representative A. Scott Kalkwarf), James Wynne and Timothy Wynne filed the complaint in the present ac...

Excerpt: ...various warranties, including a 4-year/50,OOO-mile express bumper to bumper warranty, a 4-year/50,OOO-mile powertrain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and nan-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle...

Excerpt: ...) the Mark Wynne parties were to pay $175,000 to the attorney-c ient 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 property, by July 27, 2021; and (3) the Mark Vonne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285,000) within 60 days of the execution of the Bi...

Excerpt: ...he soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her Page 4 of 7 credit card; and 3) in 2019-2020 to start ...

Excerpt: ...dants Lea Jones ("Lea") and Robert Jones ("Robert"). On April 25, 2023, the court granted summary judgment in favor of Robert but denied the motion as to Lea. Notice of Ruling was filed on April 26, 2023. Robert filed a Memorandum of Costs 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 argue...

Excerpt: ...ip entered into a written lease, which was assigned to Plaintiff in 2002. On May 21, 2007, the Kims and Plaintiff entered into a lease amendment, which expired on July 31, 2016. The Kims thereafter continued to occupy the space on a month-to-month basis until July 31, 2021, when the Kims retired and ceased the business. Plaintiff alleges that from 2015 to July 2021, the Kims paid less rent each month than required under the Lease. Plaintiff seeks...

Excerpt: ...maintenance and design company, dba Arriaga Custom Landscape. Plaintiff also owned five parcels of real property (his residence, three rental properties and a vacant lot), business assets, four trucks, a trailer and landscaping equipment. After he became incarcerated, Plaintiff entrusted his niece, defendant Rosa M. Reynaga de Gutierrez ("Rosa") and her husband, defendant Abel A. Gutierrez ("Abel"), to manage his properties, financial affairs and...

Excerpt: ... and nonconformities and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth various causes of action for violation of the Song-Beverly Act. * * * on May 15, 2023, the parties entered into a settlement agreement under which GM agreed to buy back the Vehicle for $105,000. In addition, GM agreed to pay attorney fees and costs to be determined by motion in which Plaintiffs would be deemed the prevaili...

Excerpt: ...nd Pfister having disputes over the handling of the Trust and Veva's assets. In MCP17W472 there is a 9/18/19 Order wherein the probate court recited the terms of the 5/8/18 settlement agreement between Rodney and Pfister. In the agreement, Pfister& Rodney accepted and approved all prior co-trustee actons and expenses from their acceptance to act as co-trustees in 2012 at the resignation of Veva Haacke to the appointment of Robin J. Shea (which oc...

Excerpt: ... Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the Plaintiffs' lease. Plaintiffs contend the approximate duration of the project has continually changed. Defendant has allegedly failed to communicate in a reasonable manner with Plaintiffs. It g...

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: ...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...

Excerpt: ...ified Pre-owned 2019 Chevrolet Silverado 1500, VIN IGCPYFED8KZ26S383, ("Subject vehicle" or "Vehicle") for $83,005.75. As a result of persistent manufacturing 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 unavai...

Excerpt: ...laims for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) retaliation; (6) failure to provde reasonable accommodations; (7) failure to engage in a good faith interactive process; and (8) wrongful termination. Defendant brings the instant motion to compel arbitration. Defendant contends Plaintiff executed a binding arbitration agreement in connection with his employment w...

Excerpt: ...lyn Conway, Gloria V. Herrera, American Legion Auxiliary Department of California, Gloria Williams, Anita Biggs, and Veronica Verdusco Garcia (all Defendants except Veronica Verdusco Garcia are collectively referred to as "Defendants"). On January 24, 2023, Plaintiff filed her operative First Amended Complaint for Damages for Libel ("FAC") against the same Defendants. Defendant American Legion Auxiliary Department of California ("ALAD") is a non-...

Excerpt: ...d continued contributing to the mortgage every month, he would receive title to the Property. (Comp., 18.) Plaintiff and Josephina 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 Josephina's relationship ended. (Comp., 8....

Excerpt: ...S, INC„ MBK TRADE INC. Tentative Ruling: Plaintiffs Mofeed Jawdat Hantuli ("Mofeed"), Kazem Jawdat Hantuli ("Kazem"), and Basem Jawdat Hantuli ("Basem") ("collectively, "Plaintiffs") filed the complaint for declaratory relief in this action on May 13, 2021 against defendant Mazen Jawadat Hantuli ("Defendant" or "Crosscomplainant"). Plaintiffs and Defendant are brothers who own equal shares in real property located on Quail Valley Ct. in the Cit...

Excerpt: ...leging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. On September 6, 2022, Defendants demurred to the entire SAC on the grounds of uncertainty, and to the third cause of action for fraud and intentional concealment for failing to allege sufficient facts to...

Excerpt: ...'s name to title without any monetary contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. On January 5, 2022, Plaintiff filed a verified complaint to: 1) quiet ttle; and 2) declaratory relief. Defendant now demurs to the complaint on the ground that each cause of action fails to state facts sufficient to constitute a c...

Excerpt: ...endant initiated a care plan to prevent Plaintiff from falling. The care plan was generic and not individualized to Plaintiff's needs. Plaintiff alleges that during her residency, she suffered a fall which caused injuries to her head, shoulders, and hip along with causing her to suffer a brain injury. (Complaint "1 12-16.) The Complaint alleges causes of action for (1) elder abuse; (2) negligence; and (3) violation of patient's rights. Defendant ...

Excerpt: ...elied 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 pa...

Excerpt: ...Brown and his wife have resided on their property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they intended to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/county. The engineer installed new monuments on the Trust's property; th...

Excerpt: ...or distributed by Defendant General Motors, 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 Page 7 of 8 transmission, engine and structural issues. Plaintiff delivered the Subject Vehicles to authorized repair facilities on several occasions, but Defenda...

Excerpt: ...erienced financial hardship during the Covid pandemic, and lost income making it difficult to pay his mortgage. He sought to obtain a PPP loan and California grant as well as unemployment to support his family. On 9/25/21, Plaintiff submitted a loss mitigation application in response to which Defendant, Cenlar FSB (Cenlar) requested additional information, but wrongfully closed the review of this first application on 12/3/21. Plaintiff submitted ...

Excerpt: .... 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 could provide sa...

Excerpt: ...en filed on 1/11/23. There is a motion for Protective order in that matter as well set for 5/18/23. Defendant brings this motion for protective order requesting the court enter a protective order that permits the parties to identify documents as confidential and process by which to challenge the designation. Defendant contends good cause is shown as the information sought relates to proprietary business, trade secret, financial information and or...

Excerpt: ...ng a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application with supporting declarations (CRC 3.1332(b)). Continuances of trials are disfavored. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance (CRC 3.1332(c)). A stipulation that good cause exists does not ...

Excerpt: ...Motor Vehicle Against Benjamin Guzman. On January 24, 2023, Defendant served Plaintiff with Requests for Admission, Set One, Requests for Production of Duuments, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set one. (Declaration of John Higginbotham, 93, Ex. 1-4.) Decl."] On February 19, 2023, Plaintiff's counsel's assistant emailed Mr. Higginbotham requesting a twoweek extension, which was granted. This extended the deadl...

Excerpt: ...two causes of action for Cancellation of Deed and Quiet title. The underlying facts are generally undisputed. Defendant Lea J. Jones is Plaintiff's granddaughter. (Verified First Amended Complaint ["FAC"], 2.) In November 2010, Plaintiff and her late husband, Gary Leroy Bock, signed a Grant Deed by which they conveyed title to the Subject Property to themselves as husband and wife, and Lea Jacqueline Williard, a married woman as her sole and sepa...

Excerpt: ...Think Eventos, LLC dba Toro Wapo Arena Event, Center (collectively "Plaintiffs") lease property within an area commonly known as the Lake Perris Fairgrounds. The California Department of Water Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the P...

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

Excerpt: ...conform the vehicle to the applicable warranties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On November 2, 2022, Plaintiffs filed a Complaint for Damages against Defendant, alleging (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song-Beverly Act, and (3) fraudulent concealment. *** On December 15, 2022, Plaintiffs served a Notice of D...

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...