7. Cross-complainants incorporate paragraphs 1 through 6 as though they were fully set forth herein.
8. Cross-Complainants are homeowners whose home was substantially damaged by a fire, and required reconstruction. Beginning on or about August 21, 2015 Cross-Defendants induced Cross-Complainants to engage Crestline Builders, Inc. to reconstruct Cross-Complainants’ Home by representing to the Bolanos that all reconstruction improvements shall be completed in four months. Further, Cross-Defendants induced Cross-Complainants to engage Crestline Builders, Inc. to reconstruct Cross-Complainants’ Home by representing to the Bolanos that that the price of the reconstruction improvements would be the amount approved by the Bolanos’ insurance.
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10. Cross-Complainants are informed and believe, and thereon allege, that Cross-Defendants had no intention of completing the reconstruction improvements within four months because, among other thing, the first document, the Work Authorization, was signed on August 21, and the permit was not submitted until December 7, 2015.
11. Cross-Complainants are informed and believe, and thereon allege, that Cross-Defendants had no intention of completing the reconstruction improvements within the amount approved by the Bolanos’ insurance company. With the Home Improvement Contract, Cross-Defendants submitted an estimate for $275,718.08. When the Bolanos’ insurance company only approved repairs for 251,569.81, Pedro Luis Hidalgo made representations that all insurance companies approve less but that Cross-Defendants know how to obtain the difference between the requested and approved amounts.
12. Such representations were false and constituted a violation of California Business & Professions Code §§ 7159 and 7160. As a proximate result of the
Cal. Bus. & Prof. Code § 17500 states, “it is unlawful for any … corporation … to … disseminate … any statement … which is untrue or misleading.” “Untrue” is defined as “factual misrepresentations” (compared to “puffery”). Williams v. Gerber Prods. Co., 523 F.3d 934, 939 (9th Cir. 2008).
On September 10, 2001, respondent RagingWire Information transfers, Inc., offered the plaintiff a vocation as lead frameworks manager.On September 10, 2001, respondent RagingWire Information transfers, Inc., offered offended party work as lead frameworks executive.
Grocery, Inc. was not aware that Company A had delegated Company B to continue the renovation. Grocery, Inc. ascertains the occurrence of this transaction after monitoring the quality of workmanship. However, Grocery, Inc. dismay, caused the store filed a petition for an injunction
The insureds, who live in a separate house on the same property, refute all of the plaintiffs’ allegations with the exception of their concession that a portion of the siding is missing from one of the exterior walls. They explained that during the renovation of the house, which was completed approximately one year before the plaintiffs took possession, they had a window removed from
Identify any person not already named as a party to this lawsuit whom you contend caused or contributed to the occurrence complained of, including any architect, engineer, designer, contractor, subcontractor or others.
Levy introduced me to is contractual law. Mr. Levy allowed me to assist on insurance cases, which included observing meetings, summarizing depositions, and reviewing contracts. Even though I had experience reviewing contracts while working a couple of summers for a General Counsel at a large business, this was completely different because these agreements were among insurance companies and individuals, instead of insurance companies and businesses. Mr. Levy works on behalf of insurance companies, mostly State Farm, when they have disputes with their clients over wind and hail coverage. These cases are interesting because Mr. Levy has to not only deal with the individuals that are claiming the insurance company didn’t follow the contract, but he also must deal with the adjuster in each case. Mr. Levy gave me the responsibility of summarizing the depositions of the adjusters to confirm that none of them said anything that was contradictory or detrimental to State Farm’s case. Often these cases end with settlements or dismissals because either the insurance company decides to compensate the individuals or the attorney representing the insurance company gets a favorable summary judgment. Mr. Levy and other attorneys representing insurance companies frequently seek summary judgments when the plaintiffs don’t have significant evidence to prove that the insurance companies violated the contract. In most of the insurance cases that I assisted Mr. Levy on he was able to receive summary judgment because the plaintiffs didn’t have enough evidence to prove that State Farm was responsible for paying the
Codelfa Construction (Plaintiff) had a contract with State Rail Authority NSW (Defendant) to excavate the tunnels for the railway in New South Wales. The contract agreed to complete the work in assured dates and finish it within 130 weeks, to finish work Codelfa were suppose to work three shifts a day and 7 days a week; initially Codelfa Construction was working accordingly. The work was to dig a tunnel so offcourse it was very noisy and caused some vibrations which were annoying to the surrounding residents which led to application quite a few application of nuisance and after a while Codelfa Construction had an injunction where they were forced to reduce the work hours by two shifts a day and not working on Sundays. The problem started here as the working hours were reduced so Codelfa Constructions was not able to finish the work in the set period of time which was given according to the contract therefore Codelfa Construction’s budget did exceed than mentioned in the contract and they needed more time to finish the work.
(2) Other defendant: Other defendants might be Leanne and also the contractor that is responsible for the renovation.
This 15-day window is also extended to 30 days for a notice involving an association with twenty or more parcels. The written response should provide: A) a report of any inspection and results of inspection. B) a statement of whether the recipient is willing to make repairs or completely disputed the claim. C) a written offer to compromise or settle the claim. D) a combination of monetary offer to settle and make repairs. Or E) a written statement that a monetary payment, including insurance proceeds if any, will be determined by the person’s insurer with 30 days after notification to the insurer by means of forwarding the claim, which notification shall occur at the same time the claimant is notified of this settlement option, which the claimant can accept or reject. The insurer of the person receiving the claim has 30 days following the notification to respond to the claim. If not, the claimant shall be deemed to have met all condition precedent to commending an
Tenants’ complaint and Ms. Austin’s cross-complaint presented straight-forward causes of action concerning breach of contract and conversion. This case presented no issues or first impression or involved unsettled areas of law. Discovery was procedurally limited given Tenants’ election to initiate a limited civil case, and substantively limited given the Tenants already had the vast majority of the evidence they relied on in their possession or control.
Considering the purchase and use of the property was purly commercial in nature and Woolcock purchased it for the commercial purpose, Woolcock should have taken reasonable steps to ensure the structural stability of the building. Woolcock inability to protect themselves from consequences of lack of reasonable care by the defendant was an important aspect. Woolcock were very much in capacity to conduct individual assessment of the commercial property. Woolcook were trying to save money for engineer check of the property and they don’t want to spend money to have building warranty and contract of the building to ensure to have safe investment prior to purchase.
In an effort to guard against, Bad Faith litigation, Kinsale has instructed their claim staff, to refrain from documenting their claim files with any type of claims analysis. Kinsale is of the opinion; Bad Faith litigation is occurring with greater frequency against insurers. Consequently, insurers are under a constant threat by the plaintiff’s bar, looking to expose carriers to liability, by identifying any missteps in their claims handling processes. Therefore, as a protective measure, Kinsale restricts their claim staff from posting any type of claim analysis and-or opinions based statements in their claim files, avoiding the litigation discovery pitfalls of misinterpreting the claim staff’s written communications. Conversely, the lack of
Legal proceedings from the owner corporation commenced in February 2011. In 27th May 2011, access was denied for Di Blasio’s affidavit to rectify work in the building even though he had applied to transfer the proceedings to the consumer and trader tenancy tribunal. The dispute was transferred back to the District Court as Di Blasio offered to perform rectification work for $1. Di Blasi deemed that the owner corporation was not entitled to mitigate its loss. At the Supreme Court, the decision had been appealed.
1) The first issue of the case is whether Harry Hepburn, the president of Southern California Division of Robinson Brothers Homes should make the projection on the specific project more optimistic or not. By making the revenue forecasts more optimistic, the most likely outcome is that the project will be undertaken and his team of employees will keep their position. Otherwise, at the current estimated return projections, the project is expected to be declined, and Harry’s team will be partially laid off in accordance with the Robinson Brothers Homes plan on cutting costs as the company faces the slowing down market and decreased profitability.
2.The JO (Deliveries) informed there had been six queries from contractors over the past two weeks regarding non-delivery of materials, wrong items sent out or damage to material received, it must be accident when we were moving and then mistake about those stocks.. Two of these were considered fraudulent and another had mistaken what had been ordered, because of the staffs, some of them is not honest to do the job, and several of staffs too