Excerpt: ...and its rights to Plaintiff. Plaintiff asserts two causes of action for the same debt, open book account and account stated. Plaintiff identifies Defendant as “Jose Carillo aka Jose Carrillo aka Jose Martin Carrillo aka Martin Carillo as an individual and dba Carillo Painting aka Carrillo's Painting.” Defendant answered on behalf of all of the named identities as Martin Carrillo. The Motion for Summary Adjudication Plaintiff moves for summary...

Excerpt: ... Plaintiff Houses 4 Homes, LLC (“H4H”), or negligently failed to provide loans to achieve what Plaintiffs requested, ultimately causing Plaintiffs to run out of money, default on the Loans, and face foreclosure of the Properties. Plaintiffs allege that Plaintiff Charlotte Souch (“Souch”) is the sole managing member of H4H, which owns the Properties, consisting of two parcels of real property at 10161 Green Meadow Road, Sebastopol (“Gree...

Excerpt: ...he facility of Defendant Jersey City Medical Center/RWJ Barnabas Health in Jersey City, New Jersey, on June 21, 2018. Motion Defendants RWJ Barnabas Health (“RWJ”), Jersey City Medical Center (“JCMC”), Dhruv Vasant, M.D. (“Vasant”), Catherine Lushbough, M.D. (“Lushbough”), and Siva Teja Jetty, M.D. (“Jetty”) move the court to quash service of the summons an complaint and dismiss the action on the ground that there is no person...

Excerpt: ...e provisions as well as the Court's inherent power to set aside a judgment based on mistake under section Code of Civil Procedure 128(a)(8) and Code of Civil Procedure section 86(b)(3). However, the memorandum contains only two terse paragraphs citing the law and it provides no analysis or explanation of any sort and provides no evidence at all. In opposition, Plaintiff argues that Defendant has provided nothing to carry her burden of demonstrati...

Excerpt: ... as well, to eliminate any threat of prejudice. Plaintiff moves the Court for leave to amend the complaint and file a first amended complaint (FAC”). She claims that she wants to “add factual allegations related to Defendant's prior knowledge and ratification of [Cortright's] misconduct and add a cause of action for sexual harassment in defined relationship in violation of [Civil Code] §51.9 and Premises Liability….” The factual allegati...

Excerpt: ...l date and transfer the action from unlawful detainer to the regular civil calendar because Defendant had vacated the Property so that possession was no longer an issue. No new trial date has been set since. Plaintiff now moves the Court for leave to amend the complaint in order to reflect the fact that possession is no longer at issue and the case is now a regular civil action for money owed and damages. It attaches a proposed first amended comp...

Excerpt: ...er of ways and Defendants failed to correct the problems properly in accord with the applicable warranty. Plaintiff served Lithia with Form Interrogatories, Set No.1 and Special Interrogatories, Set No.1, on April 29, 2020; responses were due May 31, 2020. Plaintiff's evidence is not clear but Plaintiff apparently received responses, without verifications or promised documents, on May 29, 2020, Lithia promising to provide both “shortly”; on J...

Excerpt: ...Defendants covering the Hotel, Plaintiffs complain that after the Hotel was damaged and largely destroyed (“the Loss”) in the Tubbs Fire of October 2017 (“the Fire”), Defendants in bad faith failed to comply with their obligations under the insurance policies. They contend that Defendants have consistently lowballed the claim estimates by millions of dollars, far below the policy limits. Plaintiffs note that five of the buildings of the H...

Excerpt: ...Civil Procedure section 430.30; Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The grounds for a demurrer are set forth in Code of Civil Procedure section 430.10. The grounds, as alphabetically identified in the statute, are: (a) the court lacks subject-matter jurisdiction; (b) the person filing the complaint lacks legal capacity to sue; (c) another action pending between the same parties on the same cause of action; (d) defect or misjoinder of parti...

Excerpt: ...dgment discovery to Defendants by first-class mail on March 10, 2020; responses were due by April 17, 2020; Defendants have failed to provide responses although Plaintiff made an effort to resolve the matter informally on June 24, 2020 and again on July 6, 2020. Plaintiff moves the Court to compel Defendants to respond to the discovery. He also seeks monetary sanctions of $300 plus a $90 filing fee. Judgment creditors may propound written post ju...

Excerpt: ...y), which Defendants had manufactured, distributed, and sold, exploded when he was carrying it in his pocket, causing severe burns. He claims that he had bought the electronic cigarette, Battery, charger, and related parts (“the Items”) from Defendant Ecig 101 Digital Cigarettes, dba E-Cig 101 (“E-Cig 101”) but does not indicate when. He claims that the explosion and injury occurred on September 11, 2016 at Home Depot in Oklahoma City, Ok...

Excerpt: ...nt which is not a shining example of pleading, Plaintiffs CQ Innovations, LLC (“CQ”) and James Clay (“Clay”), one of its managing members and owners, complain that Defendant Jesse Quiles (“Quiles”), the other managing member and owner of CQ, has breached his loyalty and business obligations to Plaintiffs as set forth in CQ's Operating Agreement (“the Agreement”). Clay and Quiles are allegedly founders and, currently, the only owne...

Excerpt: ...fact knew of the potential claim against it because it was the licensee of the facility. It claims that there will be no prejudice to Plaintiff because the statute of limitations has not run and Plaintiff may therefore file a separate action against it instead of forcing it to litigate in this case without time to prepare for trial. Plaintiff opposes the motion, arguing that there is no authority allowing a party to quash service of summons and c...

Excerpt: ... that Defendant Virginia Pasini (“Pasini”) owns the Property, Pasini entered into a master lease with Defendant Ridgeway Distribution (“Ridgeway”) for the Property, Ridgeway subleased the Property to Piner on November 1, 2017 (“Master Sublease”). The disputes and uncertainty have led to problems, including Ridgeway serving a notice of termination on Piner and Plaintiffs for defaults, leading Plaintiffs instead to pay rent directly to ...

Excerpt: ...ted Parties by registered mail. Plaintiff filed proof of service on August 21, 2014 for the petition, notice, and claim form showing service that day on one named Interested Party, Hongxia Li (“Li”) by mail. Plaintiff filed a new proof of service on April 14, 2015, showing service on both named Interested Parties, that day, by mail. The same day, Plaintiff filed a declaration explaining that the Property had been seized from the Interested Pa...

Excerpt: ... are named as officers, directors or shareholders and agents of the business entity Defendant. Procedural History Plaintiff filed separate proofs of service for the summons and complaint for each Defendant. Plaintiff filed one such proof of service showing personal service on Defendant Park at 105 Toyon Lane, Union City, California, on September 13, 2014, and stating that the “Notice to Person Served” identified Park as an individual defendan...

Excerpt: ...Although the complaint refers only to one station and underground storage tank at 525 East Washington Street, Petaluma, the stipulated judgment covers all stations which Defendants own and operate (“the Stations”), which apparently included, as set forth in Plaintiff's motions to enforce judgment, 101 North McDowell Boulevard, Petaluma; 483 East Washington Street, Petaluma; and 532 East Washington Street, Petaluma (“the Petaluma Stations”...

Excerpt: ...n behalf of Defendants Ryan Agrella and Chris Agrella (collectively, “the Sons”), are OVERRULED. To the extent that the Court has sustained the demurrer, Plaintiff has leave to amend within 20 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. Defendants Ryan Agrella and Chris Agrella are required to answer within 10 days of service of the n...

Excerpt: ...and joined Defendant Golden State Wealth Management, LLC (“GSWM”), founded and run by Defendant Patrick Catone (“Catone”) (collectively, “the GSWM Defendants”) and in so doing misappropriated trade secrets which Defendants now use to compete with Plaintiffs. They contend that Curiel was assigned more than 200 high-net-worth clients when working with Plaintiffs; Curiel developed a personal relationship with Plaintiffs' clients but did ...

Excerpt: ...led. Plaintiffs have leave to amend within 10 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. The Complaint Plaintiffs complain that Defendants misrepresented the net result or effect of loans or mortgages (“the Loans”) which Defendants provided to Plaintiffs and which were secured against two parcels of real property (“the Properties�...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...