Excerpt: ...der Code of Ci vil Procedure section 473 for an order permitting the filing of the proposed SAC attached as Exhibit 1 to the Motion. The Motion lists amendments to the FAC including additional general allegations, the addition of a primary residence allegation under the HBOR Page | 2 claim, removal of the one action rule allegations, identification of the “rights of Mrs. Reece” for the wrongful foreclosure claim, amendments to the slander o...

Excerpt: ...nor, Ltd dba Braswells Yucaipa Leisure Manor (esa Braswell Leisure Manor) [“Braswell”]. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. Defendant Braswell moves to compel arbitration and stay the action under the...

Excerpt: ...) (operative pleading) against the County and Anderson (“Defendants”). Plaintiffs allege the following: Brad Wicks is the sole owner of Wicks Brewing. (FAC ¶8.) On March 31, 2022, Ryan Wicks, who is Brad Wicks' son and an employee of Wicks Brewing, was involved in a collision. As the result of the collision, Ryan was arrested and charged with an alcohol -related homicide. The District Attorney issued a press release incorrectly identifying R...

Excerpt: ...nd awarded attorney's fees in the amount of $139,566.90. A Notice of Entry of Judgment was filed on July 5, 2022. On January 2, 2024, the judgment for Defendant Lennar Communities was reversed/ remitted. On remand, among other things, the trial court was to decide the computation of damages anew and Casa Verde was entitled to recover its appeal costs pursuant to California Rules of Court, rule 8.278, subdivision (a)(1). On January 9, 2024, Casa ...

Excerpt: ....App.4th 116, 12 6; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I- V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the streng th of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the a...

Excerpt: ...llowing the deat h of the original plaintiff, a Second Amended Complaint (SAC) was filed on January 11, 2023, to substitute in Plaintiff Santos. The operative SAC alleges violations related to (1) meal periods; (2) rest breaks; (3) overtime wages; 3Counsel must provide a f ull lodestar analysis in the motion for final approval. 4Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of ov...

Excerpt: ...z), Lorena Arias -Aguilar (Aries -Aguilar, esa Lorena Aguilar), and Tracy Miller (Miller). The operative first amended complaint (FAC) alleges causes of action for (1) negligence against all; (2) negligent hiring, supervision, and retention against Cucamonga District, Superintendent, and Central District (collectively, District Defendants); (3) assault by Minor against Hernandez; (4) battery by Minor against Hernandez; (5) violation of Civil Cod...

Excerpt: ... attorney's fees pursuant to Code Civ. Proc. § 425.16(c). Plaintiff seeks fees in the amount of $21,600.00 and costs in the amount of $736.71. Defendant/Cross -Complainant opp oses the motion. Plaintiff/Cross -Defendant replies. Anti -SLAPP Attorneys' Fees Discussion Code Civ. Proc. § 425.16(c) states that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs ”. “Atto...

Excerpt: ...solidated the matte rs. The operative claims are for violations relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) minimum wages; (5) final pay; (6) wage timeliness; (7) wage statements; (8) payroll records; (9) reimbursements; as well as (10) violations of the unfair competition law; and (11) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiffs would represent all of Defendant's current ...

Excerpt: ...oduction of Documents, Set No. Three Plaintiffs Roland Schuh, Michaelann Ingraham, Dustin Ingraham, Shenghao He, Leticia Urbina, Yaquelin Flores, Mario Juarez, and Alberto Marquez (“Plaintiffs”) Defendant California D epartment of Transportation (“DOT”) __________ Before the Court are three (3) discovery motions filed by the Plaintiffs against DOT. The Court has reviewed and considered the voluminous moving papers, Oppositions and Replie...

Excerpt: ...red. As such , they brought a petition to release the lien on or about May 13, 2021. Defendant answered on November 19, 2021. Relevant here, Plaintiffs moved for judgment on the pleadings due to the answer being unverified. The Court granted that motion on S eptember 12 , 2023, with thirty (30) days of leave to amend. More than thirty (30) days passed with no amended answer and this motion followed. However, upon leave of the Court, a verified ...

Excerpt: ...on of Song -Beverly Act – breach of implied warranty; (3) violation of Song -Beverly Act Section 1793.2; and (4) fraud – fraudulent inducement/concealment. Plaintiff alleges that on November 7, 2020 he purchased a 2021 Chevrolet Silverado (hereinafter “Subject Vehicle”) from Rotol o Chevrolet Inc., an authorized GM dealership. Plaintiff claims that the Subject Vehicle was manufactured with a defective Hydra- Matic 8L90 transmission. Plain...

Excerpt: ...ing a 2 012 Freightliner Tractor and 2015 Vanguard Trailer at the same time. Singh ultimately collided with other vehicles stopped on the roadway (themselves involved in an accident) and his trailer detached as a result. That trailer struck Du causing him injuries . Du then commenced suit against Singh and A&A on February 22, 2021, for negligence. On September 20, 2021, Singh and A&A filed a Cross -Complaint against William Fink, Barbara Radowit...

Excerpt: ...vering the engine and transmission in addition to various emissions warranties. (Compl. ¶ 9.) The Subject Vehicle had serious defects and nonconformities to the engine and transmission systems. (Compl. ¶ 10.) On September 21, 2023, Harrison filed her Complaint against defendant Hyundai Motor America (“Hyundai”) alleging the following three causes of action pursuant to the Song -Beverly Act: 1) Breach of Express Warranty; 2) Breach of Imp l...

Excerpt: ...) violation o f section 226(A) of the Labor Code; and (5) violation of sections 200 -204 of the Labor Code. Plaintiff alleges on September 21, 2021, Airport Mobil hired him as a tow truck driver. As part of the hiring process, Plaintiff submitted to a criminal backgrou nd check. Plaintiff alleges during his employment, he would repeatedly miss or have to take his lunch past the sixth hour. Further, when he tested positive for COVID -19 on Februar...

Excerpt: ...rican and We lls Fargo. However, the Court would DENY Defendants' request for monetary sanctions. Case Summary This is a post -judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. Relevant here, on in the fall of 2023, the Judgment Creditor sent a number of subpoenas to the Defendants' relevant business entities. On November 29, 2023, Defendants filed a motion to quash the fifteen s...

Excerpt: ...reinafter Collectively “Johnson,” individually by their first names). On March 10, 2021, Captan filed the operative First Amended Complaint (hereinafter “FAC”) pleading 2 causes of action: (1) premise liability and (2) general negligence. Defendants answered. The FAC alleges that on August 19, 2019, Plaintiff Jihad N. Captan was an invitee at Defendants' property. Plaintiff, while walking along a concrete pathway in the backyard, tr...

Excerpt: ...semi from Defendants on March 15, 2022. They allege that Defendant's agent asserted that the vehicle was in conformity with emissions guidelines and had a successful DOT inspection. (FAC, ¶17.) Plaintiffs assert they relied on those representation. Despite the representations, they assert that the vehicle began smoking a week later, and that it was later determined to be inoperable. After attempting to have Defendants address the issues, Plainti...

Excerpt: ...contract, th e manufacturer, Ford Motor Company (hereinafter “Ford”) failed to fulfill its obligations under the Song- Beverly Consumer Warranty Act (hereinafter “The Act”). As a result, Plaintiffs commenced suit against Ford on November 21, 2022, for (1) breach of expr ess warranty under the Act, (2) breach of implied warranty under the Act, and (3) violation of section 1793.2 of The Act, and (4) negligent repairs as against Defendant S...

Excerpt: ...y 2, 2022, P laintiff filed his first suit (Complaint #1) for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (6) slander of title; (7) intentio nal misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advan...

Excerpt: ...'s original complaint included three causes of action: (1) negligence/vicarious liability; (2) premises liability; and (3) public nuisance. On November 13, 2023, the Court sustained a demurrer filed by the City to P laintiff's first and third causes of action, with leave to amend; the Court overruled the demurrer as to Plaintiff's second cause of action. On December 4, 2023, Plaintiff filed her operative First Amended Complaint (FAC), which in...

Excerpt: ...nsive pleading is due. Under Code of Civil Procedure section 435.5, subdivision (a)(3), the demurring party must file a declaration stating either: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to s trike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion ...

Excerpt: ...concern Defendant's policies and procedures for handling Song -Beverly Act cases, and requests Nos. 30 to 31 concern similar customer complaints in vehicles of the same year, make, an d model as the subject vehicle. (Counsel Gregory Sogoyan Decl., at ¶ 21; Exhibit 8.) As background, Plaintiffs served these requests around September 15, 2023, and Defendant served responses around October 31, 2023. (Sogoyan Decl., at ¶¶ 14- 15; Exhibits 3 & 4.) ...

Excerpt: ...the Motio n to Strike: The Court would DENY as moot given its ruling on demurrer. Case Summary This is a sexual abuse case. Plaintiff alleges that she was sexually abused in 1988, when she was eight years old, by “Doe 3,” who was later identified as a teacher at the Defendant School District. At the time, Plaintiff was in foster care and under the custody and control of a statelicensed foster home. The abuse allegedly was extensive and conti...

Excerpt: ... for purpose s of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) However, the Court does “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125...