Excerpt: ...eges causes of action for (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation of Civil Code § 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794, and 1795.5.) SpeciÞcally, Plainti
¯ alleges that his 2021 GMC Yukon Denali, which was manufactured and distributed by Defendant, su
¯ers from widespread defects—including the Electrical Defects—and that Defe...

Excerpt: ... Street – LLC, American R.V. and Boat Storage and Richard Fell dba Fell Capital Management (collectively, “Defendants”). On January 31, 2023, the court granted Defendants' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plainti
¯s failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. The court subsequently denied Plainti
¯s' motion ...

Excerpt: ...ong-Beverly Act (against VWGoA); (3) Violation o Civ. Code § 1793.2(a)(3) o Song-Beverly Act (against VWGoA); (4) Breach o the Implied Warranty o Merchantability (against VWGoA); (5) Negligent Repair (against Moss); and (6) Violation o the Magnuson-Moss Warranty Act (against all Deendants). Plainti
¯ alleges that, on July 25, 2020, she entered into a warranty contract with VWGoA regarding a 2020 Volkswagen Tiguan. (Compl. ¶ 8.) The warra...

Excerpt: ...ant David Orozco Pliego, an employee of the City of Riverside (“O
¯icer Pliego”), was operating a vehicle traveling on Central Avenue in the same direction ahead of Plainti
¯'s vehicle in the number two (2) lane, the lane next to Plainti
¯ P l a i n t i
¯ alleges that O
¯icer Pliego suddenly, and without warning, made a U-turn from the number two (2) lane, causing Plainti
¯ to collide with O
¯icer Pliego's vehicle Plainti
¯ alleges ...

Excerpt: ...nd Sunbelt Rentals, Inc. made claims against the bond which exceed the sum of the bond. On January 26, 2023, Plaintiff filed its limited complaint in interpleader. On March 29, 2023, N&J, LLC ("N&J") filed a cross complaint alleging it is the owner of the property where the construction services were performed that are the subject of the bond claims. N&J alleges the following eight (8) causes of acton: 1) breach of written contract; 2) breach of ...

Excerpt: ...ded Care), is alleged to be a licensed 24-hour skilled nursing facility (SNF) located at 8171 Magnolia Avenue in Riverside. Plaintiffs allege that Decedent was over 65 years of age with physical and mental limitations that restricted her ability to carry out normal activities. She was admitted to Extended Care on 7/21/22, which was to provide care or services to Decedent as her "care custodians" in a trust and fiduciary relationship. Decedent was...

Excerpt: ...fendant in addition to the current Defendant, Robin Shea. On 5/5/22, the Court sustained Desiree's Demurrer without leave to amend based on the same analysis included below. Plaintiff appealed and the remittitur issued on 11/27/23 after denying Plaintiffs request to vacate the dismissal of the appeal. As such, what follows below is almost identical analysis to the demurrer based on the same arguments. A defendant's motion for judgment on the plea...

Excerpt: ...d Eric Flores, individually ("Flores") (collectively, "Plaintiffs"), filed their operative Second Amended Complaint ("SAC") against Defendants American Logistics Company, LLC; AmLogCo, LLC; and Star Patient Transport, LLC (collectively, "Defendants"), alleging (1) Elder Abuse and Neglect (Welt & Inst. Code S 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4) Wrongful Death. The SAC alleges that, o...

Excerpt: ...dants asserting causes of action for (1) quiet title, (2) fraud, and (3) conversion. Defendants demurred to the FAC, and on October 27, 2023, the Court sustained the demurrer with 30 days leave to amend. Plaintiff did not file a Second Amended Complaint ("SAC"). On December 5, 2023, Defendants filed a request for dismissal of the achon as to them for failure to file an amended complaint, pursuant to C.C.P. S 581(f)(2). On December 20, 2023, the C...

Excerpt: ... that the vehicle developed certain defects during the warranty period that substantially impaired the use, value, or safety of the vehicle, but AHM failed to conform the vehicle to the terms of the express warranty after a reasonable number of repair attempts. (FAC, 11-14.) The nonconformities Plaintiff complains of include, but are not limited to: transmission defects; infotainment defects; engine defects; electrical defects, among other defect...

Excerpt: ... noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 95...

Excerpt: ... and 3rd Causes of Action, the demurrer is overruled. Motion to Strike is denied. Motion for a protective order is moot. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. CCCP, S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of university of California (1990) 5...

Excerpt: ...mental declaration that includes billing statements to reflect the Page 3 of 4 work completed since October 17, 2021. In response to the court's order, the HOA submitted the Supplemental Declaration of Rian W. Jones ("Supp. Jones Decl."), which includes counsel's billing records as Exhibit A. As reflected in the declaration and billing records, counsel's lodestar is $124,290, which is based upon 267.20 hours at $450/hour plus an additional 9 hour...

Excerpt: ...sts for Production ("RFPs"). Plaintiff timely opposed all three motions but failed to request oral argument after the court posted fts tentative ruling. On November 17, 2023, the court adopted its tentative ruling and granted all three motions and imposed sanctions against Plaintiff in the total amount of $4,205. Plaintiff now moves to set aside the order granting the motions to compel and imposing sanctions. Plaintiff argues that she is entitled...

Excerpt: ...arly morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to, ingress to and egress from, the distribution center, which has led to violence and threats of violence. (Complaint, '1 1.) The allegedly unlawful conducts include using human blockades consisting of 20-40 union picketers and traffic cones to blocking the only availab...

Excerpt: ...ng injuries. Plaintiff is also suing the store manager (DOE 1) alleging he is responsible for maintenance of the store at the time of the incident including ensuring a policy was in place, and that employees were properly trained and tasked with maintenance. Plaintiff filed his Complaint on 9/25/23 alleging two causes of action for general negligence and premises liability. *** Defendant, Costco, brings this moton to disqualify Plaintiff's counse...

Excerpt: ...ng this lawsuit, leading Plaintiff to dismiss her claims against him, and consequently, there is no cause of action against Perpetrator. The Complaint alleges that Plaintiff was sexually assaulted and battered by Gonzales from 1977 to 1981. Plaintiff alleges that her initial contact with Gonzales and his family stemmed from her father and Gonzales attending the sheriff academy together. (Complaint 15.) The Complaint alleges that during the period...

Excerpt: ...e secton 41600 et seq. and that officers where compared to one another based on the average number of citations. Plaintiff alleges that the Department retaliated against those officers refusing to participate in and/or reported the unlawful citation and arrest quota. Plaintiff alleges he reported the illegality of the citaton quota system to his superiors and suffered numerous, negative job consequences as a result. Plaintiff filed his Complaint ...

Excerpt: ...uthorized repair facility, 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, and the operative First Amended Complaint ("FAC") 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 — con...

Excerpt: ...ns to rent their property as an STR without a thirty-day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("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' property is also located within the Eldorado Barranca Property...

Excerpt: ...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 disfawred. 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 constitute good cause. Good cause may exist for a continuance of trial on the grounds of the failu...

Excerpt: ... the demurrer (CCP 1005). The Court has not received any opposition to this Demurrer. Accordingly, the Demurrer is granted without leave to amend. The United States Supreme Court established the rule that judges are immune from civil suits arising out of the exercise of their judicial functions. (Mireles v. Waco (1991) 502 U.S. 9, 11.) "[l]t is the general principle of the highest importance to the proper administration of justice that a judicial...

Excerpt: ...f 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, surprise, or neglect." CCP S473(b) grants the trial court discretion to vacate a dismissal on the basis of "mistake, inadvertence, ...

Excerpt: ...'s offce from December 5, 2016 to September 10, 2021. (Second Amended Complaint, 1.) Plaintiff, among other things, alleges that the stress from having her probation extended without a reason and being forced to work with her harasser (Daniel DeLimon) caused Plaintiff to have a miscarriage. Plaintiff now moves to compel deposition attendance of the District Attorney, Mike Hestrin. Plaintiff contends that D.A. Hestrin's deposition is sought becaus...

Excerpt: ...pert designation by adding Minho Yu, M.D., who was the attending physician of Plaintiff from the date of his stroke. (Declaration of Jeff Grotke ["Grotke Decl."l, 4.) Plaintiff's motion is accompanied by the declaration of his counsel, Jeff Grotke, who explains that Minho Yu, M.D. was retained by Plaintiff since submitting his expert witness list to give his expert opinion at trial. (Ibid.) Counsel also explains that, for reasons unknown, at the ...