Excerpt: ...o the roof, the Defendants failed to make any timely or proper repairs. After a second roof leak occurred in the same location, Defendants hired an unlicensed handyman to put a tarp on the roof, which remained from approximately 12/15/21 through 2/10/22. Plaintiffs allege the tarp was not even placed properly on the roof, did nothing to prevent leaks and water intrusion, and was hanging off of the roof, allowing chronic water and moisture intrusi...

Excerpt: ...veloped defects and non-conformiäes, including a Transmission Defect and Steering Defect. Plaintiff delivered the Subject Vehicle to authorized repair facilities, including Defendant Lake Elsinore Chrysler Dodge Jeep Ram ("Lake Elsinore"), on multiple occasions. However, Defendant was unable to repair the defects. Plaintiff requested that Defendant repurchase the Subject Vehicle, but Defendant refused. Plaintiff filed his Complaint on August 18,...

Excerpt: ...the declarations of Maria Diaz and Ernesto Garc:ia. The declaration of Maria Diaz declares as follows: • She is Defendant's HR Director. • On December 15, 2017, in connection with his onboarding with NP, Plaintiff signed a Mutual Arbitration Agreement, attached as Ex. A. • On August 10 2021, Plaintiff signed an updated agreement, attached as Ex. B. • On April 15, 2022, Plaintiff signed another updated agreement attached as Ex. C. • The ...

Excerpt: ...ary sanctions of $10,000 due to Defendant CoreMarks spoliation of evidence, i.e. the surveillance video. When Plaintiff requested the video in RFPs, Defendant did not produce the original video, but rather, a video shot from a cellphone depicting the surveillance video on a computer screen, which does not show the entire screen or in real time. Defendant confirmed that the video was lost. Plaintiff asserts Defendant had a duty to preserve the vid...

Excerpt: ...t and confer discussion with Plaintiff. (See Declaration of Alexander A. Schindler, 3-9.) Accordingly, the court deems the HOA's statutory obligation to meet and confer to have been satisfied. Factual / Procedural Context: Plaintiff, John P. Kloss, filed a Petition for Court Order Approvng Amendment to Bylaws, or in the alternative, to Reduce the Number of Votes Required to Elect Members to the Board of Directors. (Corp. Code S 7515; Civil Code S...

Excerpt: ...and (2) general negligence. On November 8, 2022, Plaintiffs filed their First Amended Complaint ("FAC"), alleging the same causes of action against Larkins. At the time of the December 23, 2019 accident, Larkins had a personal automobile with Defendant-in-Intervention Liberty Fire Insurance Company ("Defendant"). (Williams Decl. 2.) Larkins passed away on August 4, 2021. (ld. at '1 5.) On January 6, 2023, Plaintiffs filed a Proof of Service of Su...

Excerpt: ...eges that Rancho Verde High School is owned by Defendants Val Verde, RCOE and Riverside County Special Education Local Plan Area (RCSELPA.) (SAC '1 17.) Plaintiff alleges he was injured when he fell from the heights of a second-floor balcony at the school premises after being unsupervised, inadequately supervised, and/or unobserved by Defendants' adult attendant employees causing injuries and damages including but not limited to, orthopedic and h...

Excerpt: ...nted in that Plaintiff's mere conclusions are insufficient to state a claim and because the available facts suggest that Plaintiff's claims were remedied and/or were not sufficiently material so as to give rise to any lability against Defendants. In opposition, Plaintiff asserts that the Complaint is sufficient. Plaintiff has alleged that the Defendant failed to do two things that are required by the statute. These are not conclusions. They are f...

Excerpt: ...2 alleging claims for: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; (3) Violation of Song-Beverly Act, Section 1973.2. Trial is set for November 9, 2023. *** Plaintiffs move to compel further responses to Requests for Production of Documents, Set Two, Nos. 1-17, contending that Defendant served boilerplate objections. Plaintiffs assert that the requests seek re...

Excerpt: ...liability; (4) premises liability; and (5) negligent entrustment. On 9/27/23, Defendants filed a Second Amended Answer that asserted 19 affirmative defenses. Plaintiff moves for summary adjudication of the 1st-5th, 8th and 14th causes of action. Plaintiff worked at Defendant Core-Mark's facility via a staffing agreement with Instawork, i.e. gig worker. She contends neither Core-Mark nor Instawork ever obtained worker's compensation coverage, and ...

Excerpt: ...endants and people on their made false statements that Ryan Wicks owed Wicks Brewing Co., LLC and that the owner of Wicks Brewing Co, LLC was a murderer. The posts harmed Plaintiffs reputations and resulted in Wicks Brewing Co., LLC going out of business. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) defamation, (2) false light, and (3) negligence. This motion is brought by Bryan J. Boeldt an...

Excerpt: ...l 17, 2018, Defendants Jose Gaitan ("Ga-tan") and Maria Hagenah ("Hagenah") entered into a credit agreement with LIFPR for the purchase of lumber. Plaintiff contend that Gaitan and Hagenah formed alter ego business entities Lingus, Inc., JC Logistics International, LLC, Furniture Innovatve Designs, LLC and Woodply, LLC ("San Diego entities"), which all share the same address in San Diego, California, as well as Defendant Carpimat Del Noroeste, a ...

Excerpt: ...wo) Nos. 1 through 3, the separate statement identifies RFPs 22, 23, 24, 25, and 26. Plaintiff moves on the grounds that Defendant did not submit proper response to these RFPs and therefore the court should compel further response. In opposition, Defendant asserts that the RFPs in question seek information protected by the attorney work product doctrine as codified at Code of Civil Procedure S 2018, et al., and as such are improper discovery. In ...

Excerpt: ..., LLC ("GM") regarding a 2021 Chevrolet Silverado 15CK) (the "Subject Vehicle"). (Complaint, 96.) Plaintiff alleges that her 2021 Chevrolet Silverado 1500 vehicle, which was manufactured and distributed by GM, suffers from widespread defects—including the Transmission Defects—and that GM has unable to repair the vehicle within a reasonable of attempts. Plaintiff also alleges that GM knew that the vehicle suffered from prevalent defects, but n...

Excerpt: ...rain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and non-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. Plaintiff alleges that Defendant refused in violation of the Song Beverly Consumer Warranties Act ("Song Beverl...

Excerpt: ...erly (express warranty); (2) violation of Song-Beverly (implied warranty); (3) Civ-l Code 51793.2, and (4) fraudulent inducement/concealment. Trial is not set. Plaintiff moves to compel further responses to requests for production, nos. 1-64, contending that Defendant served boilerplate objections. He contends that Defendant was aware of the transmission defects in multiple vehicles. He asserts the information is directly relevant to the civil pe...

Excerpt: ...rake system defects, engine defects and body defects that Ford's authorized repair facility, defendant Hemborg Ford ("Hemborg"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on May 18, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, and a fifth cause of action for negligent r...

Excerpt: ... 1/12/23, Plaintiff filed a notice of settlement. Plaintiff moves for attorney fees of $38,323.53, consisting of $24,178.50 in fees, a 1.35 multiplier, $2,182.65 in costs and for drafting this motion. The parties settled after Plaintiff accepted Defendants' CCP 5998 offer. Plaintiff discusses the procedural history and contends the amount is reasonable. Plaintiff contends there is no duplication. Plaintiff argues a multiplier is warranted due to ...

Excerpt: ...in order for Defendant to save money. ("17, 18.) Plaintiffs allege this made the home not level. ('120.) Since the home is not level, an infiltration of water, dust, pests, air, and other pollutants has occurred. (921.) Due to the water infiltration, the home is contaminated with poisonous black mold. (922.) Plaintiffs assert the home is unsafe for human occupation. (923.) Plaintiffs filed the instant Complaint against Defendant on May 26, 2022 a...

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...