Excerpt: ...fly (based on allegations in the operative pleading), on September 1, 2022, plaintiffs purchased a 2023 Hyundai Kona (hereafter, the vehicle). In connection with the purchase of the Vehicle, Plaintiffs received an express written warranty in which defendant undertook to preserve or maintain the utility of performance of the Vehicle or to prov-de compensation if there is a failure in utility or performance for a specified period of time. The warra...

Excerpt: ...is supplemented with a notice of hearing and memorandum of points and authorities; a declaration from attorney Paul Berkowitz; a copy of the arbitration agreement (indicating among other things that arbitration is governed by the Federal Arbitration Act (FAA)); the first amended complaint filed with the arbitrator; and the written arbitration award. Briefly, respondent advanced six causes of action predicated on violations of the Fair Employment ...

Excerpt: ...MD.[X] Adriana Velazquez was injured in a car accident on July 9, 2018 and was admitted to Marian Medical Center. Defendant Dr. Daniel Oh was the admitting doctor and prepared the History and Physical for Adrianna Velazquez. Adrianna Velazquez became unresponsive in the morning hours of July 10, 2018. A CT angiography (CTA) was #rformed which caused the doctors to be concerned for cerebrovascular dissection/occlusion. Due to the concern of dissec...

Excerpt: ...y Mutual Insurance Company. According to the uncontested exhibits, McKiernan[1] made a demand for settlement in the amount of $750,000 to defendant's adjuster, Nancy Ball, on August 11, 2020. Ms. Ball countered with an offer of $16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021, McKiernan emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover lette...

Excerpt: ...ng-Beverly Act) (Civ. Code, § 1790, et seq.); 2) breach of the express warranty under the Song-Beverly Act; 3) breach of express warranty pursuant to Commercial Code section 2-313; and 4) violation of a Magnuson Moss Warranty Act pursuant to title 15 U.S.C. section 2301(1), et seq. Briefly (and according to the operative pleading), on August 27, 2019, plaintiff purchased a 2018 Chevrolet Silverado (hereafter, vehicle); plaintiff contends in para...

Excerpt: ... Mutual Insurance Company According to the uncontested exhibits: McKiernanlJl made a demand for settlement in the amount of $750,000 to defendant's adjuster: Nancy Ball: on August 11 : 2020. Ms. Ball countered u.ith an offer of S16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021 McKieman emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover letter ...

Excerpt: ...only known as the ' 'lemon law. Briefly (based on allegations in the operative pleading): on August 23, 2010, plaintiffs purchased a 2020 Nissan Versa for a total purchase price of S32:435 28 (hereafter: the vehicle); Nissan issued a manufacturer's warranty contained in Exhibit 1 to the operative pleading. The vehicle began to suffer electrical and engine difficulties, and plaintiffs took the vehicle to an authofized Nissan repair facility: which...

Excerpt: ...ation and were privy to attorney-client communications and attorney work product, which was subsequently shared with plaintiff's counsel. On April 24, 2023, the court denied the motion, indicating it was going to ratify its tentative “without prejudice until it's too late.” (Rough transcript of April 24, 2023 Hearing, p. 3, ll. 13-26.) The tentative adopted by the court concluded that Union Oil failed to carry its burden to identify the natur...

Excerpt: ...aintiff contends it provided goods, wares, and merchandise: pursuant to a written agreement: and on September 3: 2020: defendants defaulted by failing to pay. According to plaintiff defendants owe $112561.18. On March 8: 2023: Sweet Symphoney and Aissa filed a joint amended answer (which superseded the original joint answer filed on March 3 2023). Aissa is representing himself and Sweet Symphoney "in pro. per_,:: and there is no indication Aissa ...

Excerpt: ...second: third: and fifteenth causes of action. It sustained the demulTer to the fourth (constructive fraud): fifth (intentional misrepresentation): sixth (fraud based on concealment): seventh (promissory fraud): and eighth (negligent misrepresentation): for failure to provide specific facts. It also sustained the demulTer to the eleventh cause of action for financial elder abuse, for its gravamen was predicated on the substance of the fraud cause...

Excerpt: ...Sol is an importer and distributor of alcohol beverages: including tequila manufactured by Compania Tequileras de Arandas S A. de C V _ (Arandas)_ This lawsuit stems from Casa Del Sol's alleged failure to pay plaintiff for two shipments of custom bottle closures sent to Arandas_ The matter before the coun is Casa Del Sol' s demulTer to the first amended complaint First, defendant claims the demulTer should be sustained based on misjoinder pursuan...

Excerpt: ...hat he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there _ On April 3, 2023, defendants moved to disqualify plaintiffs experts: Mary Jane Wilson and Ross Haberle: and counsel for misuse of confidential infonnation_ Wilson: an engineer: consulted for and confidential information from Union Oil in another toxic ton case involving oilfield contamination in the Santa Maria Valley....

Excerpt: ...as Exhibit 1 to the complaint), and secured by real property located in San Luis Obispo County. Steven Boneso (President of Boneso Brothers) signed the promissory note on behalf of Boneso Brothers. Concurrently with the promissory note defendant Robert Boneso signed a “Commercial Guaranty” (Guaranty), attached as Exhibit 2 to the operative pleading. Following Boneso Brothers' default, defendant and American Riviera Bank, on June 7, 2021, ente...

Excerpt: ... the Song-Beverly Act; and (4) negligent repair _ Defendants filed ajoint answer On January 29, 2023 plaintiff filed a 'Notice of Settlement of Entire Case[,]" indicating a conditional settlement of S 140,000 "in exchange for surrender of the subject vehicle plus attomey 's fees: costs and expenses by motion," plaintiff deemed the prevailing party pursuant to Civil Code section 1794: subdivision(d)_ On March 10: 2023: plaintiffs counsel filed a r...

Excerpt: ... other health hazards. He alleges that he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there. Code of Civil Procedure section 1030 provides that upon a defendant's motion, the trial court “shall” order an out-of-state plaintiff to file an undertaking to secure recoverable costs and attorney's fees if the defendant shows a reasonable possibility that it will obtain judgment ...

Excerpt: ... Plaintiff's adult daughter, Jacqueline Westerfeld, estimated they had been to the ranch approximately sixteen (16) times. Plaintiff and her family would go horseback riding every time they visited Defendant's property. Plaintiff was accompanied on the trail ride on the day of the incident by her children, Jacqueline Westerfeld, Robert (“Bobby”) Westerfeld, and her husband, Bryan Westerfeld. Plaintiff was riding a horse named “Major” at t...

Excerpt: ...d the second for “illegal taking of water.” Isabella seems to acknowledge the existence of a 10-foot wide easement across its property, in which cross-defendants are dominant tenement holders. Further (according to the pleading), the easement allows access for a “water well site purposes, pumping plant and incidentals thereto,” and for “water line purposes, repairs . . . .” Isabella contends that despite this “extremely limited use ...

Excerpt: ... pursuant to Business and Professions Code section 7031. The court agreed to the stipulation in signed order. Defendants Christopher Hulme (Hulme) and Clearview Property Services, Inc. (Clearview) have filed a joint demurrer as to the new first cause of action based on disgorgement, claiming the first cause of action is barred by the applicable one-year statute of limitations per Code of Civil Procedure section 340, subdivision (a) [“an action ...

Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...

Excerpt: ...sary. Plaintiff George Primbs II, appointed as the personal representative of the Estate of Charles Primbs, has filed two survivor causes of action of action. Defendants are Novelles, Jacquelyn Quinn individually, Quinn Fiduciary Services (collectively the Quinn defendants), and Senior Planning Elder Care Services (Senior Planning). Charles Primbs[1] was a developmentally disabled adult subject to treatment under the Lanterman- Developmental Disa...

Excerpt: ... was unaware of Decedent's death until she received a notice of probate in the mail approximately one year after his death. At that point, she discovered “that Kathleen had cremated Frank, in contravention of his expressed wishes as a registered organ donor and the Stark family's Jewish faith.” Kathleen died on April 19, 2022. According to the death certificate, Decedent's ashes were returned to an address in Los Olivos. Ms. Stark alleges upo...

Excerpt: ...trustee of the Leigh S. Layman Trust (collectively, defendants), have filed under separate cover a demurrer and motion to strike. Defendants demur to the following causes of action: the first (breach of joint venture agreement);the second (breach of partnership agreement); the third (breach of fiduciary duty); the fourth (constructive fraud); the fifth (fraud based on intentional concealment); the sixth (fraud based on concealment); the seventh (...

Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...

Excerpt: ...98); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 2020 and added a ca...

Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...