Excerpt: ...aches a January 2019 asset purchase agreement that governs the sale of "A Special Place Schools" by Allen to Devinder and Anoma Singh for $285,000.00 (the "Agreement"). (See Complaint, 8-10, Exhibit 1.) According to the complaint, the Agreement provided that Amazing Stars would tender $185,000.00 in cash to Allen and pay the remaining $100,000.00 through monthly installments over a 36-month period at a seven percent annual interest rate (the "Car...

Excerpt: ... Nguyen (Nguyen's wife) and Nguyen Thi Ngoc Qui (Nguyen's daughter). In addition, these cases include cross- complaints involving several of the same parties, as well as Little Saigon Plaza Sacramento LLC ("Little Saigon"), a former "partnership" between Luong and Nguyen that Luong apparently now controls. In each of these cases, Nguyen previously filed a "Motion to Set Aside Default, Default Judgment, Summary Adjudications, Charging Orders, and ...

Excerpt: ...TMS. The court finds that MCI has moved promptly to bring this proposed amendment and that granting it will not prejudice any other party. The court grants the motion, except to the extent that purports to add Taylor Morrison of California, LLC ("TMC") as a cross-defendant. This motion was alluded to in the briefing on TMC and TMS's motion for determination of good-faith settlement, which was heard by the court on November 28, 2023. It was the co...

Excerpt: ...ing party. Thuerk now seeks attorney's fees in the amount of $75,037, plus $11,059.15 in costs. The court GRANTS in part and DENIES in part the motion. There is no dispute that Thuerk is entitled to attorney's fees; the only dispute between the parties is over the amount of those fees. The court finds that Thuerk's counsel's billing rates are reasonable for this type of case ($300-$625 per hour). Indeed, the court has found similar rates to be re...

Excerpt: ... demurrer, filed on December 8, 2023, was untimely, and that it was filed after a default should have been entered by the clerk's office on November 30, 2023. The court disagrees with Zheng's argument that he had until December 12, 2023 to demur or otherwise respond to the complaint. That is based on the erroneous premise that the court's November 16, 2023 order on his (and Ni's) second motion to quash, as well as the Appellate Division's Novembe...

Excerpt: ...led on May 18, 2023, states two causes of action: (1) Violation of the Song-Beverly Act—Breach of Express Warranty, and (2) Fraudulent Inducement—concealment. The complaint alleges that, as part of the purchase of the subject vehicle, Ramadoss entered into an express written contract with Honda, a warranty agreement that is attached to the complaint as Exhibit 1. (Complaint at 9.) The complaint alleges that Honda was aware of the sensing defe...

Excerpt: ...ontrol of his assets and companies." (July 20, 2022 Order at p. 1:19-22.) At the most recent hearing, on June 20, 2023, the court heard three motions from the parties. Now before the court are five more motions: (1) Defendants' motion to file under seal documents related to Adult Protective Services ("APS") records; (2) the State Bar of California's motion for a protective order (and request for sanctions); (3) Defendants' motion to compel Lee to...

Excerpt: ...ther. Currently before the court is a motion for "summary interlocutory judgment," filed by Diana on November 1, 2023. II. ACTIONS FOR PARTITION "A co-owner of real or personal property may bring an action for partition." (Code Civ. Proc., S 872.210.) As a general matter, "partition" is "the procedure for segregating and terminating common interests in the same parcel of property." (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App....

Excerpt: ...ter of Agreement ("LOA") that was allegedly entered into on April 21, 2020. (See Complaint at "1 5-8.) The complaint states three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods in breach of the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a failure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance o...

Excerpt: ...ctober 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. The present demurrer concerns Encore's cross-complaint, filed on June 9, 2023, which states causes of acton against Hacker for: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Common Counts; and (4) Imposition of Constructive Trust. The cross-complaint alleges that Hacker was the Chief Executive Officer of Encore from 2010 to 2016 ...

Excerpt: ...BDII codes," vehicle symptom codes," "vehicle component repair codes," "customer complaint codes," and "labor operation codes" for the 2017 GMC Sierra 1500. Martin points out that "Plaintiff's counsel has several hundred cases pending against Defendant and Defendant's counsel, and has litigated hundreds of others" involving these issues. (Memorandum of Points and Authorities at p. 3:2-3.) This court has quite a few of those cases. In two of them,...

Excerpt: ...rties reached a settlement whereby FCA would pay Pewsey $38,000 and allow Pewsey to retain possession of his 2014 Dodge Ram 5500 truck. Pewsey now seeks attorney's fees in the amount of $102,220.50 plus $9,980.90 in costs. The court GRANTS the motion in large part and DENIES it in small part. There is no dispute that Pewsey is entitled to attorney's fees under the Song-Beverly Act; the only dispute between the parties is cwer the amount of those ...

Excerpt: ...T and J5. AT&T has also filed a cross-complaint against '5, Electric Tech, and Lawson Roofing ("Lawson"). Currently before the court is J5's demurrer to AT&T's first amended cross-complaint. A. The underlying Complaint and KY's Cross-complaint On July 14, 2021, Sraon initiated the principal action for breach of contract and negligence against KY and Electric Tech. The complaint alleges that KY and Electric Tech failed, among other things, to "mai...

Excerpt: ... to be presented in boilerplate text in Pal's brief—to be completely meritless. The court granted Farmers' moton for summary judgment, negating all of Pal's causes of action, and entered a judgment that was entirely in Farmers' favor. Second, Pal misstates the burden of proof on a motion to strike or tax costs. He argues that because he "properly objected" to the memorandum of costs, "the burden shifted to Plaintiff to introduce evidence that t...

Excerpt: ...eferred to herein as "Villa Verde"; the last three defendants are referred to herein as "Sequoia." According to the complaint, filed on July 5, 2023, Getty is an "elder" within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welt & Inst. Code, SS 15600 et seq. (the "Elder Abuse Act")). (Complaint, 1.) She became a resident of Villa Verde, a residential care facility for the elderly on May 4, 2023, after sustaining and rec...

Excerpt: ...tract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open 800k Account; and (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code section 7108.5, though it is not identified in the body of the complaint). Attached to the complaint as Exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying CPE as the "Contractor" and Arrow as the "Subcontractor." Attached to the C...

Excerpt: ...laintiffs' allegations against the County are based on Government Code sections 835 and 840.2: i.e., a dangerous condition of public property. The County has filed two motions to compel against plaintiff Ayle: (1) for an order requiring substantive responses to supplemental document requests, and (2) for an order requiring Ayle to consent to non-party T-Mobile USA, Inc.'s ("T-Mobile's") production of phone records pursuant to subpoena. The court ...

Excerpt: ...partment. Defendant County of Santa Clara does not take any express position on this motion. The City raises two arguments in response to the motion.4 First, the City contends that the police report is protected from disclosure by Penal Code section 11167.5, which is part of the Child Abuse and Neglect Reporting Act ("CANRA") (Pen. Code, SS 11164-11174.3). According to the City, the report at issue was a "substantiated" report of child abuse "tha...

Excerpt: ...ica Fernandez ("Defendants") oppose the motion, but their arguments are without merit. The court therefore GRANTS the motion. Helen, the minor plaintiff, is five years old, and her blood lead level was reported to be 25.1 micrograms per deciliter while living in the home owned and managed by Defendants. According to Plaintiffs, this is 26 times the average blood lead level of a person in the United States. Plaintiffs contend that Helen suffers fr...

Excerpt: ...022. It filed the operative First Amended Complaint ("FAC"), adding defendant Link Corporation ("Link"), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and various Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Does); (5) Professiona...

Excerpt: ... court GRANTS in part and DENIES in part the motion to compel further responses; the court GRANTS the motion to compel compliance. 1. Motion to Compel Further Responses As a general matter, the court finds the vast majority of Applied's document requests to be overbroad, seeking information about not just potentially stolen Applied products, but also nearly all documents relating to legitimate sources and sales of Applied products. As far as the ...

Excerpt: ...ided at the time of the commencement 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 ("FDCPA") ("cross-complaint"). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. On March 6, 2023, Flax...

Excerpt: ...") (collectively, "Defendants"). The complaint, filed on May 2, 2023, states 11 causes of action: (1) Breach of Contract (against all defendants); (2) Breach of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Promissory Estoppel (against all defendants); (4) unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) unfair Competition (a...

Excerpt: ... causes of action: 1. Failure to Pay Minimum Wages (Lab. Code, SS 1182.12, 1194, 1194.2, 1197, and 1198); 2. Failure to Pay Overtime Wages (Lab. Code, SS 1194 and 1198); 3. Failure to Provide Compliant Meal Periods (Lab. Code, S 226.7); 4. Failure to Provide Compliant Rest Periods (Lab. Code, S 226.7); 5. Failure to Pay All Wages Due at Separation (Lab. Code, SS 201, 202, and 203); 6. Failure to Reimburse Necessary Business Expenses (Lab. Code, S...

Excerpt: ...o on the basis of two other standalone arguments. Having considered the parties' submissions, the court concludes that Baan Thai's arguments are without merit, and the petition should be granted. 1. Delegation of Arbitrability As threshold matter, the parties disagree about whether the arbitration agreement "clearly and unmistakeably" delegates the determination of arbitrability to the arbitrator, or whether that is something the court must decid...