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...

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