Excerpt: ...99.58 reduced by $11,925 to $266,902.83 Item No. 11 (court reporter fees) is reserved for Plaintiff to provide evidence to support that it was necessary to expedite final transcripts. Hearing on this sole issue is set for 4/5/24 at 8:30 a.m., Department 5. Plaintiff to provide her Supplemental Declaration at least 16 court days Page 9 of 12 before the hearing and Defendant to provide a Supplemental Reply, if any, at least 5 court days before the...

Excerpt: ...ity should b e retained. The attractiveness of consolidation varies widely, depending on the characteristics of the actions involved. Accordingly, there are no fixed rules on when permissive consolidation is desirable. The principal statute regulating permissive cons olidation, CCP §1048(a), specifies only one factor to be considered: whether the actions proposed to be consolidated involve "a common question of law or fact." Therefore,...

Excerpt: ...from nonconformities, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶¶ 10, 12.) The nonconformities Plaintiff complains of include defects of the engine, check engine light, lifters, cylinder s, and other defects. (Complaint, ¶ 10.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to ...

Excerpt: ...i and Si Li u and their agents, employees, officers, representatives, successors, partners, assigns, and those acting in concert or in participation with them, whether acting directly or through a corporation, subsidiary, division, or other device from: 1. Receiving, using, or transferring any funds resulting from the proceeds of any sale, including any foreclosure sales, (collectively, “Funds”) of the following properties: 6286 Nobury Ct., E...

Excerpt: ...ptr. 766 (3d Dist. 1 990); Wolf v. Walt Disney Pictures & Television, 162 Cal. App. 4th 1107, 1138, 76 Cal. Rptr. 3d 585 (2d Dist. 2008)) The motion may be made by any party or the court sua sponte, and allows the court to grant judgment in favor of the party against whom the jury has rendered a verdict whenever a motion for nonsuit or directed verdict should have been granted if such a motion had been made. (CCP § 629) A motion for JNOV is esse...

Excerpt: ...Cotta Street in Lake Elsinore, for which they obtained a loan on 6/26/07 secured by a Deed of Trust (DOT.) The property also has a second mortgage for $50,000, which was recorded on 6/26/81. Plaintiffs allege that Defendant, PLM Lender Services, Inc. (PLM) is the c urrent servicer of the loan. PLM allegedly issued a Notice of Default (NOD) on 7/5/23. Plaintiffs had filed a Chapter 7 bankruptcy and allege that the second mortgage was included in ...

Excerpt: ...rroneously named and served as County of Riverside Tax Assessor's Office (the “County”). Plaintiff alleges that on 2/10/23, he paid property tax on the property located at 850 North Florida Street, Banning, California (the “Property”) using the same tax basis his parents used based on his filing of form BOE -58 -AH, Reassessment Exclusion for Property Transfer Between a Parent and Child (“Reassessment Exclusion Claim”). (Complaint at...

Excerpt: ...y Wash Bri dge 560168R (bridge) in Whitewater. Plaintiff alleges that on 2/15/23, the premises were in a dangerous condition that created a substantial risk of the type of injury he sustained. Plaintiff alleges he was a passenger in a vehicle driven by Veronica Rivas , who was driving eastbound on I -10 when she hit a black object in her lane that she could not avoid. The black object was the bottom of an orange plastic traffic/construction drum ...

Excerpt: ...tained the real property of 5302 Mission Boulevard, Jurupa Valley, California 92509 (the “Property”) as a public nuisance, in violation of California law and the Jurupa Valley Municipal Code (the “Municipal Code”). In the Complaint, the City prayed for payment of its costs and a ttorney's fees. (Complaint, page 22; Civil Code § 3496(c).) On July 3, 2023, the Court entered a Judgment for Permanent Injunction (the “Judgment”) against D...

Excerpt: ...express limited w arranty and implied warranty of merchantability. Plaintiff alleges the vehicle came equipped with material defects that Kia's authorized repair facility was unable to repair, and Kia refused to buyback or replace the vehicle. Plaintiff filed the Complaint on February 10, 2023, alleging 1) violation of the Song Beverly Consumer Warranty Act; and 2) violation of the Magnuson- Moss Consumer Warranty Act. Defendants now move for ju...

Excerpt: ...es of actio n for: (1) private nuisance; (2) public nuisance; (3) intentional interference with prospective economic relations; (4) preliminary and permanent injunctive relief, and (5) declaratory judgment. Plaintiff alleges in its verified Complaint that, since the early 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...

Excerpt: ....76 acre s and located in a W-2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low -density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obta...

Excerpt: ...Ayala Flores (“Mr. A yala” per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC (“E AN”), the owner of the rented vehicle (a Ford Fusion). EAN Holdings has requested that the Court rule on its Motion in Limine No. 1 regarding the standard of care of...

Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...

Excerpt: ...eement”) with Def endant Rene Delgado Hernandez (“Defendant”) pursuant to which Plaintiff, as the sole shareholder of Ultimate Tint & Wheel, Inc. (“Corporation”) agreed to sell her 10,000 shares in the Corporation to Defendant for $600,000. Under the terms of the Agreement, Defendant was to transfer interest in real property valued at $100,000 to Plaintiff on the date of execution of the Agreement, and thereafter make monthly payments o...

Excerpt: ...w brings a moti on to exclude Defendant's designated expert witness, James Oaks, at trial as it has not produced him for deposition despite attempts to meet and confer. In the alternative, Plaintiff requests that Defendant be ordered to provide dates for deposition to occ ur immediately. In Opposition, Defendant contends that Plaintiff did not meet and confer. In addition, it asserts the categories and document requests are overbroad and its obje...

Excerpt: ... § 17200. In the Complaint, Plaintiff alleges that on February 15, 2009, Defendant purchased the property located at 16749 Cresent Glen Court, Riverside, California (the “Riverside Property”), and the parties agreed that Defendant would transfer title to the Riverside Property to Plaintiff in 2022, when she graduated medical school. (Complaint at ¶¶ 7, 9.) At the time of purchase, Plaintiff paid $100,000 toward the down payment on the Rive...

Excerpt: ...r a total reduction of $10,186.63. Factual and procedural background: On 11/1/20, a vehicle driven by Plaintiff George Adams (“Plaintiff”) crashed into the rear of a parked vehicle owned and/or operated by Defendants Tom Chow and SPR Logistics, Inc. (“Defendants”). Plaintiff alleges that Defendants' vehicle was negligently parked so as to cause the accident. Plaintiff suffered personal injuries. On 6/22/21, Plaintiff filed his Complaint ...

Excerpt: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...

Excerpt: ...” notwithstanding the s tay. (CCP §425.16(g).) The court should allow reasonable and specified discovery “when evidence to establish a prima facie case is reasonably shown to be held, or known, by defendant or its agents and employees.” (Lafayette Morehouse, Inc. v. Chronicle Pub lishing Co. (1995) 37 Cal.App.4th 855, 868.) To show good cause, however, plaintiff must make a prima facie showing at least as to the elements of the claim for ...

Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent 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. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ...unlawful sexual conduct against Plaintiff, to meet the extended statute of limitation pleading requirements of CCP § 340.1(c). (FAC Paras. 26 -28,30.) The FAC alleges that Sharp groomed Plaintiff while attending bible study at Sharp's home, that the Defendant church el ders saw Sharp follow Plaintiff into and out of a single person bathroom unsupervised for extended periods of time, and failed to investigate, terminate or take any actions agains...

Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...

Excerpt: ...fication inspection on the sub ject vehicle and advertised the vehicle for sale as “certified. (Id., ¶¶ 6, 7.) The vehicle came with Defendant's 90 -day or 4,000 miles express warranty. (Id., ¶ 13.) At the time of sale, Defendant's employee Daniel Lomeli (“Lomeli”) gave Plaintiff the Cer tified Inspection Report, which stated that the air conditioning system had been thoroughly inspected, that the evaporator met Defendant's standards ...