Excerpt: ...ing the relevant time period. Peters is alleged to have been BAPD's vice president during the relevant time period. The original and still-operative complaint, Þled on July 15, 2019, states six causes of action: (1) Fraud (concealment); (2) Fraud (intentional misrepresentation); (3) Fraud (false promise); (4) Breach of Contract (breach of the assignment agreement); (5) Breach of the Covenant of Good Faith and Fair Dealing (alleging that BAPD “...

Excerpt: ...ve complaint “or statutory violations,” Þled on May 30, 2023, states Þve causes o action: (1) Violation o Civil Code section 1793.2(d); (2) Violation o Civil Code section 1793.2(b); (3) Violation o Civil Code section 1793.2(a)(3); (4) Breach o the Implied Warranty o Merchantability; and (5) Fraud (i.e., alleging that Kia committed raud by allowing the subject vehicle to be sold “without disclosing that the Subject Vehicle and its ...

Excerpt: ...s sixteen years old. (See Complaint at ¶¶ 4 and 7.) This occurred during the 1982-1983 school year. (See id. at ¶ 16.) The complaint alleged that the action was “brought pursuant to C.C.P § 340.1(q) as amended by Assembly Bill 218, e
¯ective January 1, 2020, reviving the statute of limitations within a three-year window for civil claims of childhood sexual assault.” (Complaint at ¶ 2.) The Complaint also alleged that P.L.s lawsuit was ...

Excerpt: ...�consolidate” the cases or the limited purpose o hearing these motions. Deendants Þled a single opposition brie on January 17, 2024, and Valley Water Þled a single reply brie on January 23, 2024. The court GRANTS Valley Water's motions to enorce the settlement agreements. There is no dispute that the parties entered into settlement agreements in 2022. There is no dispute that the parties agreed that the court would retain jurisdiction o...

Excerpt: ...positions will be taken in person. In addition, the court GRANTS IN PART defendants request for monetary sanctions, in the amount of $5,734.20; the court DENIES GDKs request for sanctions. The court has reviewed the meet-and-confer correspondence submitted by the parties. It appears that the parties spent a signiÞcant amount of time negotiating and then agreeing to a schedule by which all of the party depositions would take place in March and ...

Excerpt: ...
¯icient for the court to make a speciÞc award. The court therefore CONTINUES the hearing on this motion to April 30, 2024 at 9:00 a.m. Guerrero shall Þle additional billing records (attached to one or more declarations) to support the motion by no later than March 26, 2024; Arch Vet may Þle a supplemental opposition by April 15, 2024; and Guerrero may Þle a supplemental reply brief by April 22, 2024. First, the court is well aware that deta...

Excerpt: ...Services (“786”), and Irfan Pathan (“Pathan”) (collectively, “Cross- Defendants”) on December 22, 2022. On July 11, 2023, the court sustained in part and overruled in part Kurnss demurrer to the cross-complaint, with leave to amend. Mahameed and Omari then Þled a Þrst amended cross-complaint (“FACC”) on July 20, 2023. In the FACC, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the “Subj...

Excerpt: ...hecking the box for a "Limited" civil case, and indicating that the amount demanded was "$10,000 or less." Marowitz represents himself in this action. Marowitz propounded 153 discovery requests on Lisi (115 form interrogatories, 13 special interrogatories, 14 requests for admissions, and 11 requests for production of documents), even though each side is entitled to propound a maximum of 35 discovery requests on an opposing party in a limited civi...

Excerpt: ...Dornon Kuehn, The Carpet Butler, John Lee, James Young, and William C. Dresser. Hartman's verified complaint alleges the following causes of action: 1. Conspiracy to Harm Plaintiff and His Real and Personal Property and Injunctive Relief — Against All Defendants 2. Unfair Business Practices — Against Koshy P. George and KPGCPA Financial Services Inc. 3. Abate Public Nuisance and Private Nuisance and Criminal Nuisance (Penal Code 370 — illeg...

Excerpt: ...d Jocelyn Guerrero (collectively, "Plaintiffs") against defendants Equity Residential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still-operative complaint filed on March 22, 2023 alleges three causes of action: (1) Violations of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants o...

Excerpt: ...ative first amended complaint ("FAC") on May 5, 2023. The FAC states causes of achon for: (1) Sexual Assault of a Minor (alleged against Doe 2 only, who is referred to as the "Perpetrator"); and (2) Negligence of District and Employees (alleged against Doe 1 only). Plaintiffs allege that the sexual abuse and assaults took place during the 1973-1974 school year and that some of the alleged sexual abuse of Rodvold and all of the alleged abuse of Me...

Excerpt: ...th describes his proposed amendments as follows: (1) addition of Doe Defendant 1 Gilberto Garcia, who is being added since defendant ("Maria Garcia") signed an Interspousal Grant Deed transferring her entire interest in her property to this individual ("Gilberto Garcia"), (2) An addition of a cause of action, expanding to clarify existing cause of actions, based on facts that have already been pleaded (3) Additions to Plaintiffs prayer based on t...

Excerpt: ...McManis with other counsel. The original and still-operative complaint, filed on May 4, 2023, states three causes of action: (1) Conversion; (2) Fraud; and (3) Breach of Fiduciary Duty. Cooper filed an answer to the complaint on June 20, 2023. Now before the court is Cooper's motion to strike the complaint, filed on August 16, 2023, nearly two months after his answer. Plaintiff opposes the motion. 4 II. MOTION TO STRIKE THE COMPLAINT A. General L...

Excerpt: ...e business clients and earnings; and (3) breach of contract. On January 17, 2023 this court (Judge Kirwan) overruled Defendants' demurrer to the first cause of action, sustained without leave to amend the second cause of action, and sustained with leave to amend the third cause of action for breach of contract. Hansen filed a first amended complaint ("FAC") on January 17, 2023, alleging a single claim for breach of contract. On June 6, 2023, the ...

Excerpt: ...20, 2023 and then continued to September 19, 2023, in light of the then-pending motion by Cisco to declare Ali a vexatious litigant. On September 19, 2023, the court (Judge Kulkarni) continued the motion again, following the court's ruling granting the vexatious litigant motion and ordering the posting of a $250,000 bond, "and because there is no proof that Plaintiff has paid the necessary security." Third, at the case management conference on Se...

Excerpt: ...me from a home located at 1165 E. Florinda Street, Hanford, California, that he co-owned with Travestean. Travestean has since passed away, and Darrell now seeks leave to amend his complaint to remove her as a defendant, add Chantal as a defendant in her capacity as trustee of the Travestean Wynn Williams Revocable Living Trust, add Michael Patterson (Chantal's husband) as a defendant, and add four more causes of action for elder abuse, fraud, un...

Excerpt: ...idential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still- operative complaint filed on March 30, 2023 states three causes of action: (1) Violation of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants of the Lex Apartments, an apartment complex managed and operated by Equity Resi...

Excerpt: ...nd his law firm, the Hann Law Firm (collectively, "Hann"). The original complaint did not allege when Hann's representation ended. The operative first amended complaint ("FAC"), filed on August 3, 2022 after Minkowski obtained legal representation, similarly states claims for: (1) Breach of Contract (now styled an Attorney-Client Fee Agreement); (2) Legal Malpractice; and (3) Breach of Fiduciary Duty against both defendants. The FAC alleges (at 5...

Excerpt: ...use states that the courts of Indiana shall have "exclusive jurisdiction for deciding legal disputes relating to this limited warranty." Having reviewed the parties' submissions, the court concludes that the forum selection clause here is valid and that a stay is appropriate under section 410.30, subdivision (a), which provides that when a court "finds that in the interest of substantial justice an action should be heard in a forum outside this s...

Excerpt: ...rative complaint on May 26, 2023. The complaint alleges that Pamonag was a dependent adult and inpatient at Grace, a 24- hour skilled nursing facility. (Complaint, 3, 15.) On an unspecified date, and at an unspecified facility, someone on the staff at Grace placed a cap on Pamonag's tracheostomy tube, causing her to stop breathing, suffer brain damage, and ultimately pass away on March 5, 2022. (ld. at "11, 21.) Plaintiffs allege that as a result...

Excerpt: ...mber 28, 2023, alleging a single cause of achon for partition. According to the complaint, Plaintiffs reside in the Philippines and are collectively a tenant-in-common owner of a 50% interest in the Property. (Complaint, '1 3.) The Reyes Defendants are a tenant-in-common owner of the remaining 50% interest. (ld. at 4.) Plaintiffs and the Reyes Defendants acquired their interest in the Property as joint tenants through a Grant Deed recorded with S...

Excerpt: ...t motion. In the alternative, Yau requests reconsideration of the court's order granting the motion to quash under Code of Civil Procedure section 1008. The court GRANTS the motion under section 473(b) and sets a new hearing on Defendants' motion to quash for February 29, 2024 at 9:00 a.m. in Department 10. Defendants argue that relief is unavailable under section 473 and that Yau's current motion is properly one for reconsideration only, but the...

Excerpt: ... Craig urban, co- founded and co-owned: the complaint sets forth two causes of action for professional negligence against Cheng. Cheng now argues—with no explanation as to why this argument is being raised here for the first time, nearly two and a half years after this court (Judge Kirwan) overruled her demurrer to the complaint— that Scott Urban should have named two other parties as defendants in his complaint: Craig Urban and CH Pension Se...

Excerpt: ...C"), filed on June 7, 2021, states four causes of acton: (1) Assault and Battery (against Don only); (2) Intentional Infliction of Emotional Distress (against Don only); (3) Negligence and Negligence Per Se (against Don only); and (4) Negligent Supervision (against Glenna and Napoleon Francisco (Don's parents) and Kelly Ng (Don's girlfriend)). The FAC alleges that Don sexually assaulted Jane Doe 1 "[flor approximately four years" starting when sh...

Excerpt: ...s where Mummah resided at the outset of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022, Mummah filed an answer to the FAC and a cross- complaint alleging a violation of the federal and California Fair Debt Collection Practices Acts. On March 6, 2023, Li filed a motion for judgment on the pleadings ("JOP motion") versus the answer on two grounds: 1) that the answer...