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...