Excerpt: ...indenture. On 6/14/23, County filed a declaration of summary basis of appraisal for just compensation of $49 and $1,350. County moves for prejudgment possession of two slope easements, a temporary construction easement and a road easement. County has deposited the probable compensation ($1,850) with the California State Treasurer. It has an overriding need for possession as it proposes to widen the median and shoulders along Gilman Springs Road f...

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