Excerpt: ...clude and/or identify the correct legal description of the Subject Property and that it was through mistake, error and/or inadvertence (through no fault of Plaintiff) that the NewRez DOT did not include and/or identify the correct full legal description to the Subject Property.” Plaintiff further argues all allegations of the complaint must be accepted because Miranda's purportedly responsive pleading does not appear to controvert any material ...

Excerpt: ...T he Pleadings and Allegations The underlying litigation arises from a dispute over the ownership of an automotive business. The action was commenced on May 26, 2022, by Plaintiffs Arsen H. Vartanian (“Arsen”) and AV Automotive, Inc. (“AVA”) against Defendan t Vahak Vartanian dba Vartanian on Wheels and VOW Automotive ( “Vahak”). Following consecutive demurrers, the operative second amended complaint (“SAC”) was filed on Septembe...

Excerpt: ...ROUND On June 15, 2021, Plaintiff Omar Muro filed his complaint in Case No. CIVSB2116995 against multiple defendants, including LGMK Engineering, Inc. d/b/a/ Hadley Engineering [esa “Thomas Hadley d/b/a Hadley Engineering”]. In his complaint, whic h includes causes of action 23 for negligence and premises liability, Muro alleges the defendants were negligent in relation to the design and construction of a building, which resulted in the coll...

Excerpt: ...rucki ng Health Benefit, et al. Respondent(s): Plaintiff THC -Orange County, LLC Case No. CIVSB2305453 CASE BACKGROUND This is a breach of contract litigation by Plaintiff THC Orange County (“Plaintiff”) against Defendants Gardner Trucking Health Benefit P lan, et al. (collectively “Defendants”). Complaint. On February 2, 2023, Plaintiff filed its Complaint alleging the (1) Breach of Written Contract; (2) Fraudulent Misrepresentation; ...

Excerpt: ...�led its initial Complaint against Prefab Granite & Tile Depot, Inc. (Prefab) and Zabi Kader (collectively, Defendants). On June 1, 2023, Defendants filed a Demurrer to that Complaint's secon d cause of action for intentional interference with prospective economic advantage and the third cause of action for negligent interference with prospective economic advantage. Rexford failed to oppose the Demurrer. At the July 11 27, 2023 hearing on the De...

Excerpt: ...corporation; v. VAHAK VARTANIAN, an individual doing business as Vartanian on Wheels and VOW Automotive; and DOES 1 through 35, inclusive. VAHAK VARTANIAN, an individual v. 3 ARSEN H. VARTANIAN, an individual; EDGAR PORTILLO, an individual; and ROES 1-20, inclusive. Motion: Motion to Strike and Demurrer to Cross-Complaint Movant: Cross-Defendants Arsen H. Vartanian and Edgar Portillo Respondent: Cross-Complainant Varak Vartanian Case No. CIVSB221...

Excerpt: ... Amy Chacon Þled this sexual harassment action against her landlord, Defendant Rajbir S. Husson. Plainti
¯'s o p e ra t i v e F i r s t Amended Complaint (FAC), Þled February 10, 2023, includes six causes of action: (1) sexual harassment/discrimination 4 (Gov. Code, §12955); (2) violation of Civil Code section 51.9; (3) violation of the Unruh Act (Civ. Code, §§51, 52); (4) assault; (5) battery; and (6) intentional inßiction of emotional di...

Excerpt: ...d because of the negligence of defendants Ontario Mills L.P., Simon Property Group, Interstate Cleaning Corporation, National Janitorial Solutions, Inc., and Marc Smith. Odeh then commenced suit against the defendants on June 23, 2023, alleging that each of the defendants negligently owned, maintained, managed, and operated the property. The form-complaint has two attachments outlining claims for premise liability and general negligence. However,...

Excerpt: ...ollectively, Defendants) on March 20, 2023. Plainti
¯ Þled his First Amended Complaint (FAC) on April 19, 2023, alleging seven causes of action: (1) elder abuse; (2) fraud; (3) unfair, fraudulent, and Unfair Business Practices Act- Cal. Bus. & Prof. Code Section 17200 et. seq.; (4) 7 undue inßuence; (5) intentional inßiction of emotional distress; (6) violation of California Business and Professions Code and (7) violation of the California We...

Excerpt: ...for a remodel project, Specialty Builders, Inc. ("Specialty Builders"). This case was filed on September 5, 2023, after Specialty Builders filed its own action against Guerra, for Breach of Contract and Foreclosure of Mechanic's Lien, and asking for Arbitration under the Contract (Case No. CIVSB 24 2319301; Dept. S14). There have been notices of related cases filed in each department and the cases have been deemed related by each Court. The relat...

Excerpt: ...fendant American Honda Motor Co., Inc., alleging the following causes of achon: (1) violation of SongBeverly Act — Breach of Express Warranty; and (2) fraudulent inducement-concealment. Plaintiffs' Complaint arises out of their purchase of a new 2018 Honda Odyssey on June 30, 2017. They entered -nto an express warranty, which covered repairs or defects of covered parts for 36 months or 36,000 miles and of the powertrain for 60 months or 60,000 ...

Excerpt: ...o buy real property in Bloomington from Audrey Ray Espinoza, as Trustee of the Frank D. Ray Family Living Trust dated May 16th, 2014 (Espinoza). However, after escrow was opened, Espinoza agreed to sell the property to Cortez Property Management LLC 4 (Cortez). As a result, KCI commenced suit on October 13, 2022, against Espinoza and Cortez. In response to the lawsuit, and on April 17, 2023, Espinoza answered and filed a crosscomplaint against mu...

Excerpt: ...REZ, an individual; ERIK REYES, an individual; HUGO RAMIREZ, an individual; DOES 1 to 100, inclusive. Defendants. MIRNA DEYSI CERRITOS FLORES, a nominal defendant; DAVID ENRIQUE FLORES, a nominal defendant; EVIS FLORES, a nominal defendant; HEIDI LIZZETH FLORES, a nominal defendant; and ROES 1 to 30, inclusive. Nominal Defendants. Motion: Good Faith Settlement Movant: Defendant Manuel Ray Gutierrez Respondent: Goodyear Tire & Rubber Company and H...

Excerpt: ...gainst defendants, Asurion, LLC (Asurion), Christian Lopez, and Does 1 through 30 alleging 21 causes of acton. The alleged causes of action are as follows: 1) Discriminaton Based on Physical Disability; 2) Failure to Accommodate Actual or Perceived Physical Disability; 3) Failure to Engage in Good Faith Interactve Process; 4) Harassment — Hostile Workplace Environment; 5) Intentional Infliction of Emotional Distress; 6) Negligent Hiring, Superv...

Excerpt: ...AL BACKGROUND on March 12, 2019, Maribel Leon, Carlos Anthony Leon, Alejandro Leon, David Rodriguez, Nathalia Guadalupe Leon and Alonda Jackeline Leon (collectively, Plaintiffs) 15 filed this action against Thomas William Campbell (Campbell) and the County of San Bernardino (County). Plaintiffs' complaint includes a cause of action for negligence against Campbell and a cause of action for dangerous condition of public property against the County....

Excerpt: ...FAC) alleges causes of action for (1) violation of Education Code secton 200; (2) violation of the Bane Act; and (3) declaratory relief. The FAC alleges Defendant discriminated against Plaintiff by unreasonably denying his request for a religious exemption from Defendant's COVID- 19 vaccine mandate. (Complaint, 91.) On November 6, 2023, Defendant filed the instant motion for judgment on the pleadings as to the first cause of action Defendant argu...

Excerpt: ...n), San Bernardino County (County of San Bernardino), and San Bernardino County Sheriff's Department. On September 18, 2023, the Court (Judge Keh) sustained a demurrer to the original complaint with leave to amend. The Court also took a concurrently filed moton to strike punitive damages off calendar as moot. On September 25, 2023, Plaintiff filed his operative first amended complaint (FAC) alleging causes of achon for (1) negligence; and (2) bat...

Excerpt: ...0596 CASE BACKGROUND This litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, LP. [col...

Excerpt: ...litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, L.P. [collectively "Penwood"l. Wit...

Excerpt: ...atment. Plaintiff's complaint includes four causes of action: (1-2) breach [and intentional breach] of warranty of habitability; (3) premises liability; and (4) negligence. Now at issue is Defendants' moton to strike Plaintiff's punitive damages claims. Plaintiff filed a timely opposition. Defendants filed a reply (two days late). This motion was initially scheduled for hearing on November 13, 2023. However, on November 8th, the Court (Judge Keh)...

Excerpt: ...ailed to repurchase the vehicle. At issue today is Plaintiff's motion to compel further responses to his request for production of documents. On July 7, 2023, Plaintiff propounded the initial set of written discovery, which includes the Request for Production of Documents ("RFP") at issue. Plaintiff sought documents regarding his vehicle (RFPs ## 1-15), KIA'S policies and procedures for handling Song-Beverly Act cases (RFPs 16-23), KIA'S warranty...

Excerpt: ... (UDFS 1804483), Hermenegildo Vicente (Decedent) alleged Vanessa Vasquez and Fidencio Vicente (collectively, Plaintiffs) failed to pay rent for the Premises. Six days later, Plaintiffs commenced a civil achon (CIVDS 1820349) alleging causes of action for: (1) declaratory relief; (2) quiet title; (3) injunctive relief; and (4) willful misconduct. The actions were consolidated and the unlawful detainer action was stayed.l Plaintiffs, along with Ber...

Excerpt: ... head into the pavement, and caused injuries. As a result, Cervantes filed suit on July 21, 2022 against Stater Bros. for (1) respondeat superior liability, (2) battery, (3) assault, (4) false imprisonment, (5) excessive force, (6) negligent hiring, retention, and supervision, (7) negligence, (8) negligent infliction of emotional distress, and (9) intentional infliction of emotional distress. In response to the lawsuit, Stater Bros. denied the al...

Excerpt: ...te being accompanied by express and implied warranties, the vehicle was delivered with serious defects to its engine, CVT warning lights, starter system, and it lost power, among other problems. The vehicle's manufacturer and/or distributor, Nissan North America, Inc. (Nissan), through its authorized repair facility, was unable to fix the vehicle. On January 6, 2022, Plaintiffs commenced the instant action against Nissan and Metro Nissan (collect...

Excerpt: ...Plaintiff purchased a 2014 Ford Flex on February 19, 2015. (Complt. '19.) Plaintiff alleged that Defendant is the manufacturer, who promised to main the utility and performance of Plaintiff's vehicle, or, in the alternative, compensate Plaintiff if there was a failure. (Complt. "17.) Plaintiff further alleged that the car had "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty inclu...