Excerpt: ...d and/or distribut ed by Kia. (First Amended Complaint (“FAC”), ¶6.) Morales received an express written warranty which, among other things, covered the Theta 2.0 -liter and 2.4 -liter direct injection engines (“2.0L and/or 2.4L GDI Engine”) and transmission. (FAC, ¶ 7.) A ccording to the complaint, during the warranty period, the Subject Vehicle contained or developed defects that substantially impaired the use, value, or safety of the...

Excerpt: ...ion: (1) Breac h of Contract; (2) “Unauthorized charges to credit card on file with A Tool Shed,”; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) “Unfair Debt Collection Action”; and (5) “Disparagement and Emotional Distress.” Although there are three named defendants in the complaint, all five causes of action are asserted against only ATS. There are also cross -complaints. On September 29, 2023, defendants ...

Excerpt: ...5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. All seven causes of action are alleged against all defendants. Two of the defendants, Hilton Worldwide Holdings, Inc. (“Hilton Worldwide”) and Park Hotels and Resorts (“Park Hotels”), brought a joint motion to quash service of summons based on lack of personal jurisdiction on August 17, 2022. Yau did not file any opposition to the motion, and this court (Judge Kirwan) ...

Excerpt: ...ains are 9 2 requests for admissions (originally 123 requests), a form interrogatory (No. 17.1, which is based on the RFAs), and a request for production of documents that is also based on the RFAs. This is in addition to 35 RFAs for which Miller previously already provided responses. Although this case has been pending since June 29, 2020 —i.e., for three years and eight months— Duraipandan served this latest set of discovery requests on Jan...

Excerpt: ...o GRANT the motion, given that Singh's original answer was filed when he was self - represented, and his proposed amended answer has now been prepared with the assistance of counsel. In addition, there is no discernible prejudice to Ruiz arising from the amendment. S ingh shall file his pleading within 10 days of this order —i.e., by no later than Monday, March 11, 2024. As for the motion to withdraw the admissions, Ruiz opposes the motion, a...

Excerpt: ...s allegedly entere d into on April 21, 2020. The complaint stated three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods under the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a f ailure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance on the LOA and requests from Cue in incurring costs). Cue brough...

Excerpt: ...ined in the parties' brief s, and so the court turns to the arbitrator's interim and final awards for an explanation. John is apparently Tom's nephew. The three parties (John, Tom, and MCM) hold membership interests in Urban Markets, LLC (“UM”) and Urban Markets Entertainment, LLC (“UME”), which are the entities that operate San Pedro Square Market, a food hall in downtown San Jose. John and Tom's economic interests in UM are held indire...

Excerpt: ... Kia had just recently filed its motion to tax costs. As a threshold matter, the court rejects Thuerk's argument that Kia's motion is untimely. Rule 3.1700(b)(1) requires that a motion to strike or tax costs be served within 15 days after service of the memorandum of c osts. That was done here, and so that ends the inquiry. It does not matter that an amended notice of motion was served later with an updated hearing date for the motion. As for th...

Excerpt: ...dow during which Piazza's normally maintained its video footage, Gonzalez argues that litigation was reasonably foreseeable in this instance, and so the failure to preserve the video constituted spoliation of evidence. Although it is a much closer call than either side is willing to admit, the court finds that litigation was reasonably foreseeable before Gonzalez made a formal demand, and that Piazza's was negligent in failing to preserve the vi...

Excerpt: ...ntiff Travel ers Property Casualty Company of America (“Travelers”), requests a total of $60,994.50 in fees and costs, representing the amounts incurred in responding to both appeals and the petition for review. Defendant Critchfield Mechanical, Inc. (“Critchfield”) o pposes the motion on two discrete grounds, discussed below. As a threshold matter, Travelers has submitted a request for judicial notice of various court filings and orde...

Excerpt: ... stated claims for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Promissory Estoppel; (4) Fraud; (5) Unfair Business Practice; (6) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, H u, and Li were all the alter egos of We Party. We Party brought a demurrer to Ren's original complaint, as well as a motion to strike the complaint's request for pu...

Excerpt: ...ah resided at t he time of commencement of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief (“FAC”). On September 2, 2022, Mummah concurrently filed an Answer to the FAC and a Cross- Complaint for Violation of Federal and California Fair Debt Collection Practices Acts (“FDCPA”) (“cross- complaint”). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. ...

Excerpt: ...of John Doe 6. Doe 1 argues that Doe 6 has placed his mental condition at issue in this case, given his claims that he “continues to suffer from post -traumatic stress disorder, depression, repressed feelings and memories of his encounters, aggression, psychological s truggles, substance abuse, psychological trauma[,] and an inability to maintain meaningful relationships as a result of the alleged childhood sexual abuse that forms the basis of ...

Excerpt: ...ar, make, and model as the [Subject Vehicle]”: (1) internal analyses and investigations regarding the “electrical defect” that allegedly manifested itself in the Subject Vehicle; (2) communications regarding the electrical defect; (3) electronic documents “relating to any decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recall concerning the [electrical defect]; (4) customer complaint...

Excerpt: ...acate. 1. Backgrou nd This case arises out of Hopkins's representation of Carleen Whittelsey (“Whittelsey”) and her now -deceased husband Stuart G. Whittelsey Jr. (“Stuart”) in estate planning and estate administration over the course of numerous years, including in litigatio n regarding the estate after Stuart passed away. On June 22, 2021, Whittelsey filed this action for legal malpractice and breach of fiduciary duty against Hopkins....

Excerpt: ...In mid -2021, the Coun ty required its employees to receive vaccinations for SARS -CoV -2, the virus that causes the COVID -19 disease. (Ibid.) From mid -2021 to November 15, 2021, Salinas sought a religious exemption or accommodation from Defendants, and he submitted a Religious Exception Request Form in August 2021. (Id. at ¶ 3; see also Exh. A.) On November 4, 2021, Defendants sent a notice of denial of the religious exemption, determining th...

Excerpt: ...2) Battery; (3) Gen der Violence in Violation of Civil Code Section 52.4; (4) Assault; (5) Violation of the Ralph Civil Rights Act (Civil Code Section 51.7); (6) Violation of the Bane Act (Civil Code Section 52.1); (7) Intentional Infliction of Emotional Distress; and (8) Neg ligent Infliction of Emotional Distress. There are no exhibits attached to the complaint. Currently before the court is Gandoza's demurrer to the complaint, filed on Dece...

Excerpt: ...h Retention of a Se curity Deposit. According to the complaint, Plaintiffs resided at 95 South 33rd Street in San Jose, California (the “Property”) from November 2020 to September 2021. (Complaint, ¶ 12.) Plaintiffs signed a written agreement with Esmeralda Real Gonzales , who represented herself as the owner of the Property.1 (Id. at ¶ 13.) After learning that Gonzales was not the owner, Plaintiffs asked her who was, prompting Gonzales to ...

Excerpt: ...on Agreement,” the cour t agrees with Plaintiff and grants his motion. The court denies defendants' motion. The parties settled their litigation shortly before trial, as memorialized in a one - page settlement agreement dated February 28, 2019. The parties noted in the agreement that they “anticipate a more formal settlement agreement being drafted and executed but it is their intent that this document, [sic] signed by them be a binding legal...

Excerpt: ... & Nguyen Thi Ngoc Quy Insuran ce Trust. The original and still -operative complaint, filed on October 20, 2020, states three causes of action: (1) Fraudulent Transfer re: “Granite Bay Property,” in violation of Civil Code (“Civ. Code”) section 3439.04(a), part of the Uniform Voidable Transfer Act (“UVTA”) (Civ. Code, §§ 3439 et seq.); (2) Fraudulent Transfer re: “$1.9 Millon Granite Bay Loan,” in violation of Civ. Code section...

Excerpt: ...V395005) after Respondents successfully quashed a petition to correct the arbitration award, this court (Judge Kirwan) awarded $461,250.00 out of the $745,696.49 requested. In the second motion, filed in a related case (No. 22CV399395) after Respondents (who were petitioners in that case) prevailed on a petition to confirm the arbitration award, this court (the undersigned) awarded $361,923.55 out of the $810,545.35 requested in this case. The ...

Excerpt: ...answered questions. This brief was also tardy.4 The court would like the parties to address the following questions at the hearing: 1. Plainti
¯s argue that the Federal Arbitration Act (“FAA”) does not apply in this case, because “[t]here is no indication . . . that AXIOM engaged in any interstate commerce or that the agreement is intended to encompass such activity at all.” (Opposition at pp. 3:28-4:2.) If the court ultimately agrees an...

Excerpt: ... did not Þle her memorandum o points and authorities until January 22, 2024, which is only 15 court days beore a February 13, 2024 hearing date. Code o Civil Procedure section 1005, subdivision (b), requires moving papers to be served at least 16 court days beore a hearing. Unsurprisingly, given the lack o notice (much less, timely notice) the court has received no response to the motion rom Nordstrom. Second, even i notice were proper, t...

Excerpt: ... attorney's fees provisions in two di
¯erent agreements that apply to this case. Having reviewed these provisions closely, as well as the cited case law, the court disagrees and now denies the motion. 1. The MOU First, defendants rely on a memorandum of understanding (“MOU”) between plainti
¯ Brett Weisel and defendant David Lichtenger that was “attached and incorporated into the LLC Operating Agreement” for Integrity Homes, LLC, which ...

Excerpt: ...elief from the government claim Þling requirements (Government Code section 945.4), Doe Þled the operative Þrst amended complaint (“FAC”) on July 21, 2023. The FAC states causes of action for: (1) Gender Violence (Civ. Code, § 52.4); (2) Sexual Harassment (Civ. Code, §§ 51.9, 52); (3) Sexual Assault (Code Civ. Proc., § 340.16); (4) Sexual Battery (Civ. Code, § 1708.5); (5) Intentional Inßiction of Emotional Distress (Code Civ. Proc.,...