Excerpt: ... veteran's status related to a real estate transaction. In the instant motion, Defendants move the court for an order compelling Plainti
¯s to provide further responses to RFPs (Set Two). As to Plainti
¯ Mark Baird numbers 21, 22, 24, 25, 29 and 30. As to Plainti
¯ Bradley Baird numbers 20, 21, 22, 23, 24, 28 and 29. Defendants assert that the documents at issue are relevant to Plainti
¯s' allegations and damages claims, is not otherwise avai...

Excerpt: ...octrine and are limited to the time period from the time of Plainti
¯s' purchase to present. As to Sanctions, it is denied. CCP §2025.230 governs the depositions of persons most qualiÞed as follows: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event the deponent shall designate and produce at the deposition those of its o...

Excerpt: ... Street – LLC, American R.V. and Boat Storage and Richard Fell dba Fell Capital Management (collectively, “Defendants”). On January 31, 2023, the court granted Defendants' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plainti
¯s failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. The court subsequently denied Plainti
¯s' motion ...

Excerpt: ... of expert qualiÞcation, inadmissible speculation and conclusion, improper legal conclusion, and assume facts not in evidence. “In granting or denying a motion for summary judgment [], the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Here, the Court declines to rule on Defendants' evidentiary objections because they are not directed at evidence that are mater...

Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti
¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti
¯, Julie Scha
¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti
¯ was walking on the premises when she tripped over what appe...

Excerpt: .... (C.C.P., § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) When the moving party is a defendant, the motion may only be made on the following grounds: “(i) The court has no jurisdiction of the subject of the cause of action against that defendant” or “(ii) The complaint does not state facts su
¯icient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438(c)(1)(B)(i)&(ii).) The mot...

Excerpt: ...hich Plainti
¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti
¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...

Excerpt: .../14/13 Their real estate brokers/agents were Vicky Johns dba Lake Laguna Realty (“Johns”) and Amy Vanocur Strebe (“Strebe”) Plainti
¯s believed they were purchasing a 100% interest in the property They assert that in August 2021, they learned for the Þrst time that they were only conveyed 50% interest in the property They assert that JAMKE, Johns, and Strebe all failed to disclose that JAMKE was only conveying a 50% interest They a...

Excerpt: ...ong-Beverly Act (against VWGoA); (3) Violation o Civ. Code § 1793.2(a)(3) o Song-Beverly Act (against VWGoA); (4) Breach o the Implied Warranty o Merchantability (against VWGoA); (5) Negligent Repair (against Moss); and (6) Violation o the Magnuson-Moss Warranty Act (against all Deendants). Plainti
¯ alleges that, on July 25, 2020, she entered into a warranty contract with VWGoA regarding a 2020 Volkswagen Tiguan. (Compl. ¶ 8.) The warra...

Excerpt: ...eges causes of action for (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation of Civil Code § 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794, and 1795.5.) SpeciÞcally, Plainti
¯ alleges that his 2021 GMC Yukon Denali, which was manufactured and distributed by Defendant, su
¯ers from widespread defects—including the Electrical Defects—and that Defe...

Excerpt: ...background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Directors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that the Board Members failed...

Excerpt: ... whole and all of its parts in their context (Moore v Regents of University of California (1990) 51 Cal 3d 120, 125) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v Katleman (1994) 8 Cal 4th 666, 672) However, a demurrer does not admit contentions...

Excerpt: ... (CCP § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been req...

Excerpt: ...ant David Orozco Pliego, an employee of the City of Riverside (“O
¯icer Pliego”), was operating a vehicle traveling on Central Avenue in the same direction ahead of Plainti
¯'s vehicle in the number two (2) lane, the lane next to Plainti
¯ P l a i n t i
¯ alleges that O
¯icer Pliego suddenly, and without warning, made a U-turn from the number two (2) lane, causing Plainti
¯ to collide with O
¯icer Pliego's vehicle Plainti
¯ alleges ...

Excerpt: ...olved in a project, Ro cket must b e named as an addition al insured under the subcontractor's policy or the SNIC Policy does not apply to the occurrence and thus there is no coverage. (FACC, Exh. B.) SNIC argues Rocket's ailure to allege it was an additional insured under Divine's policy means that Rocket has not stated a cause o action. However, SNIC cites to no authority requiring it to make such a speciÞc allegation. Indeed, Rocket's alleg...

Excerpt: ...greement indicate that it is subject to the FAA. Since the FAA does not apply, the EFAA as well has no application to the arbitration agreement at issue. While the claims as set forth in the Complaint are covered by the language of the arbitration agreement, the arbitration agreement itself is unconscionable. A contract is unenforceable if it is unconscionable. (Civ. Code § 1670.5.) “The doctrine of unconscionability contains two components: p...

Excerpt: ...), alleging (1) wrongful termination in violation of Lab. Code § 1102.5(b); (2) wrongful termination in violation of Labor Code (Lab. Code) § 6310(a)(1); (3) wrongful termination in violation of Lab. Code § 98.6; (4) wrongful termination in violation of public policy; (5) failure to provide meal periods; (6) failure to provide rest periods; (7) failure to pay minimum wage; (8) failure to reimburse expenses; (9) failure to pay Þnal wages; and ...

Excerpt: ...s to the breach of contract that was the subject of the Complaint. Khodaverdian's counsel declares in support of the motion that he learned in November 21, 2023, for the Þrst time through discovery responses that Eisenhower Defendants contend that the ConÞdential Separation Agreement and Release of all Claims, the subject of the sole existing cause of action for breach of contract, does not apply to acts by Wilson, and that Wilson is not part o...

Excerpt: ...al Arbitration Act or California Arbitration Act govern this dispute Defendant o
¯ers su
¯icient evidence that it is engaged in interstate commerce Further, the arbitration agreement expressly states that the FAA applies If an arbitration agreement expressly states that it is governed by the FAA the FAA applies Aviation Data, Inc v Am Express Travel Related Servs Co, Inc (2007) 152 CalApp4th 1522, 1534-1535; Victrola 89, LLC v Jama...

Excerpt: ...§ 19871) A deposition subpoena may be attacked based on, inter alia, deects in the orm and content o the subpoena, records sought not within the permissible scope o discovery, and a consumer's right o privacy in among other grounds (Weil & Brown, CPG: Civ Proc Beore Trial (TRG 2023) §8:598; see also, CCP §19853(e) [consumer's right to privacy in “personal records”) This motion addresses two deposition subpoenas or medical rec...

Excerpt: ...r's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti
¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled in Indiana. ...

Excerpt: ... injury. She alleges that the store's manager was responsible for maintenance, and for verifying there was a policy to maintain the premises according to industry standards, policies, and procedures. Plaintiff filed her Complaint on 9/13/23 alleging two causes of action for general negligence and premises liabil-ty. *** Defendant, Costco Wholesale Corporation (Costco), brings this motion to disqualify Plaintiff's counsel, Downtown L.A. Law Group ...

Excerpt: ...nd Sunbelt Rentals, Inc. made claims against the bond which exceed the sum of the bond. On January 26, 2023, Plaintiff filed its limited complaint in interpleader. On March 29, 2023, N&J, LLC ("N&J") filed a cross complaint alleging it is the owner of the property where the construction services were performed that are the subject of the bond claims. N&J alleges the following eight (8) causes of acton: 1) breach of written contract; 2) breach of ...

Excerpt: ...records exception is a sufficient exception to overcome hearsay objections. Evidence Code 51552 governs admission of computer records. under the Evidence Code, the computer records are deemed reliable unless there is evidence that they are inaccurate or unreliable. Defendant has not met his burden in this regard. The Court notes that Defendant failed to follow the requirements of California Rule of Court 3.1354(b) and submit his objections in a s...

Excerpt: ...tion is issued, a judgment creditor may apply to the court for an order directing a judgment debtor to transfer to the levying officer possession of property sought to be levied upon by taking custody, and/or possession of documentary evidence of title to property of a debt owed to the judgment debtor that is sought to be levied upon. If the personal property sought to be levied upon is located in a private place of the judgment debtor and the le...