Excerpt: ...g (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; and (3) Fraudulent Inducement —Concealment. On 10/11/2022, after the Court granted Plaintiffs' motion for leave to amend, Plaintiffs filed their First Amended Complaint ("FAC") against Defendant alleging the same three causes of action. On 11/18/2022, Defendant filed a demurrer to the third cause of action for fr...

Excerpt: ...ttlement pursuant to CCP S 654.6. (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206; Wackeen v. Malis (2002) 97 Cal.App.4th 429, 439-440.) "Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement." (Sully-Miller Contracting Co. v. Gledson/cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) A request for the trial co...

Excerpt: ...loan. Lending Bee and Isperov (Fiduciary Defendants) represented they would be agents to obtain the mortgage loan with a third-party lender. Plaintiffs alleges Defendants engaged in predatory lending, fraud and extortion to obtain their property through wrongful foreclosure. Plaintiffs allege that the Fiduciary Defendants serviced the loan taking $14,000 in payments, which they did not credit to Plaintiffs' account. On 8/16/22, Isperov and certai...

Excerpt: ...f was experiencing credit issues, title to the property is in Lee's name, although Plaintiff and Lee each paid one-half of the down payment. Lee obtained a loan from Pinnacle Capital Mortgage ("Pinnacle"), which recorded a Deed of Trust (DOT) against the property. On December 5, 2012, Lee refinanced the loan and Pinnacle recorded a new for $135,cm. Plaintiff resided at the Subject Property from 2009 to present. Plaintiff and Lee each paid half th...

Excerpt: ...aid in 60 days. Factual / Procedural Context: Plaintiff Mary Janeth Vasquez alleges that Defendants Advance Oil, Inc. and Ky Chau employed her as a store manager. Defendant Chau would sexually harass a co-worker, nonparty Tammy Nguyen, resulting in her quitting her employment. Plaintiff complained about Chau's harassment, and would make inappropriate sexual comments to Plaintiff. Plaintiff also complained about the lack of meal and rest breaks fo...

Excerpt: ... compulsory, leave must be granted so long as defendant is acting in good faith. (CCP 5426.50.) A Defendant always has the option of asserting any cause of action defendant has against the plaintiff in a cross-complaint. The cause of action need not be related to the subject matter of plaintiff's complaint in any way. The purpose is to allow plaintiff and defendant to settle all of their differences in a single lawsuit. (CCP 5428.10(a).) If defen...

Excerpt: ...ty"). Specifically, he alleges that Defendants have been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an "absent homeowner or occupant" as he has been providing care to his paraplegic wife. Plaintiff alleges he and Edward R. Cardoosl and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and...

Excerpt: ..., a fifth cause of action for fraudulent inducement — concealment, and a sixth cause of action against Defendant Fairway for negligent repair. The Complaint alleges that on October 17, 2021, Plaintiffs purchased a 2021 Ford Explorer ("Subject Vehicle" or the "Vehicle"). (Comp'. 9.) It further alleges that "[dlefects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to,...

Excerpt: ...AC. Accordingly, battery is irrelevant and Defendant failed to actually address medical negligence—other than the general argument of PREP. Second, the function of a demurrer is to test the legal sufficiency of a pleading, but not the truthfulness of the allegations. (Donabedian v. Mercury Ins. Co. (2W4) 116 Cal.App.4th 968, 994.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (...

Excerpt: ...aised by special demurrer." (Johnson v. Mead (1987) 191 Cal.App.3d 156, 160.) 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 665, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (D...

Excerpt: ...tion to strike complaint on complaint for Other Contract (Over $25,000) of ELT PLUMBING by SHAWN RYAN Tentative Ruling: This case arises out of contracts entered into between the parties. On February 17, 2022, Plaintiff ELT Plumbing ("Plaintiff") and Defendants Shawn Ryan and Ryan Contractors, Inc. (collectively "Defendants") entered into their first contract ("First Contract"), requiring Plaintiff and his employees to work at Quest Diagnostics i...

Excerpt: ...Rancho re-circulated the stipulation and proposed order on August 4, 2023, but Plaintiff, again, did not sign it. (Declaration of Rebecca CKray-Murphy, 7, 8, 14-19.) Rancho filed the instant action on August 30, 2023, three weeks later. Under these facts, Rancho timely moved for a protective order. Rancho's employees' right to privacy is implicated. The DM8 Report contains information obtained from Rancho's past and current employees during an in...

Excerpt: ...to comply that is incomplete or evasive. (CCP 52031.310(a).) Here, Defendant responded to Plaintiff's demand to inspect the property with an assertion that his Fourth Amendment right to be free from unreasonable searches and seizures prohibited such an inspection. Although no showing of cause is required for the inspection demand, the demanding party must make such a showing if the demand is refused. To establish "gtnd cause," the burden is on th...

Excerpt: ...ctured by Defendant, General Motors, LLC (GM), and was accompanied by express warranties. Plaintiff alleges that the vehicle was delivered to her with serious defects and nonconformities to warranties and/or developed same including engine, electrical, emission, and transmission system defects. Plaintiff alleges that GM knew the transmission defects, that she delivered the vehicle to GM authorized repair facilities, but GM was unable to conform P...

Excerpt: ...s" for an alleged wrongful repossession of a Lamborghini Huracan Evo, stating causes of achon for trespass to chattel and conversion. Service of the summons and complaint was effected 6/17/23 on both Defendants through substituted service on Grozav's wife, Alina Grozav ("Alina"). Defendants failed to file a timely answer. On 8/29/23, Plaintiff filed a request for the entry of default as to both Defendants, and default was duly entered that same d...

Excerpt: ...ble evidence. The service concerns raised in the motion have been remedied. (See Declaration of Sean a. O'Keefe, 93, Ex. 1.) The Motion is not sufficiently particular. The subpoena demands a blanket category of all communicatons regarding the parties and the hotel property and an unrelated property which is not a subject matter of this case. The opposing parties fail to show fact-specific justification for relevance or to show that the informatio...

Excerpt: ...s that on June 20, 2020, she tripped over a curb and fell in the parking lot of the Stater Bros. located at 1537 S. San Jacinto Ave„ San Jacinto, California (the "Property"). Plaintiff asserts causes of action for negligence and premises liability. Defendant Stater Bros. moves the court to reclassify this case as a Limited Civ-l case pursuant to CCP 5403.040(b) and Walker v. Superior Court (1991) 53 Cal.3d 257, on the ground that Plaintiff seek...

Excerpt: ...tual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (CCP S 473.5(a).) "This section is designed to provide relief where there has been proper service of summons (e.g., by substitute service or by publication) but defendant nevertheless...

Excerpt: ...as Craig Tang, M.D.; and Tiffany Michelle Pierce, M.D. (collectively "Defendants") to render care and medical treatment to him. He contends that Defendants negligently selected hospitals and physicians to treat him and Page 5 of 7 negligently examined, treated and cared for him. He asserts that Defendants also failed to adequately select and monitor their staff. He contends that Defendants' negligence has caused him injury. His wife, Katherine Wr...

Excerpt: ...rive by Kay a Kristine Sullivan ("Sullivan"), an employee of the District, who was operating the vehicle in the course and scope of her employment. Plaintiffs contend that Sullivan made a negligent and/or illegal turn maneuver that caused the accident. The complaint contains three causes of action for negligence — 1 motor vehicle, (2) general negligence, and (3) negligence giving rise to vicarious liability of public entity. Plaintiffs bring th...

Excerpt: ...confer efforts do not appear to address RFP No. 36.) The Court continued the hearing to October 27, 2023 and ordered the parties to further meet and confer, and ordered a status report about 7 days before the hearing. The parties filed Joint Status Report on their further meet and confer efforts on October 20, 2023. Joint Status Report On October 20, 2023 the parties met and conferred to attempt to resolve the outstanding discovery disputes. The ...

Excerpt: ...agreement contained in the Warehouse Services Agreement (WSA) and CCP S 1281.2. The parties do not dispute that the WSA contains an arbitration clause. (See Zhu. Decl., Para.3, Ex."A", Para.17.) Plaintiff's claims fall squarely within the arbitration clause as they concern the indemnification provision within the WSA arising from or related to the storage of products at Plaintiffs warehouse and/or Opene's performance under the Warehousing Service...

Excerpt: ...bject collision, Defendant Jeremiah Montoya Haney ("Deputy Montoya Haney") was employed as a Deputy with the Riverside County Sheriff's Department ("RCSD"), was acting in the course and scope of his employment with RCSD, and was operating a RCSD issued patrol unit equipped with emergency lights and siren. (Def.'s Separate Statement of Undisputed Material Facts ["DSSUMF"] 2.) He was also equipped with a RCSD issued body worn camera. (ld. at '1 3.)...

Excerpt: ...nd states: The verdict may be vacated and any other decision may be mulified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either par...

Excerpt: ...da Avenue (unit F) in Jurupa Valley (the "Property"). The City alleged, among other things, that the Defendants erected buildings/structures and conducted demolition on the Property without obtaining a building permit and that the Defendant have continued to use and or occupy the unpermitted structures. (See Complaint, "1 11-24.) Defendants' defaults were entered on January 11, 2021. In September 2021, the court denied Defendants' motions to set ...