Excerpt: ...s and private nuisance. Defendants KUD Properties, Inc. and Shields Residential Incorporated oppose the motion on the grounds that Plaintiffs unreasonably delayed amending and that allowing amendment would prejudice Defendants. The motion is granted for the following reason. Defendant has not shown prejudice. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, ...

Excerpt: ...ns' widow and son, filed this lawsuit asserting, among other claims against various defendants, that settling Defendant Mott McDonald, the engineering firm that designed the plant, was liable for Mr. Collins' death because of its negligence. The factual account of the accident is not in dispute for the purposes of this motion. Various lockout/tagout (LOTO) sheets are used when performing work on the plant. The LOTO sheets itemize the vents, valve...

Excerpt: ...uzik, Ted J. Mertens and Jon Berg collectively, “Respondents”). Broadly speaking, the Petition challenges the City's adoption of an ordinance that limits the right of Petitioners to use their property (the “Property”) as a short‐term rental (“STR”). Since approximately 2015, Petitioners have maintained a Grandfathered Permit that allows them to rent the Property as an STR. (FAP, ¶¶ 17, 22.) In March 2018, the City adopted Ordinanc...

Excerpt: ... the plumbing company that allegedly worked on the subject toilet, Defendant Lozano Plumbing services. The court granted Lozano's motion to strike punitive damages in the original Complaint. (See below) Lozano now moves to strike punitive damages in the FAC. Plaintiff has not pleaded malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defen...

Excerpt: ...fs Denise and Christopher Collins, Mr. Collins' widow and son, filed this lawsuit asserting, among other claims against various defendants, that moving Defendant Gemma, the contractor Page 4 of 5 hired by Defendant CPV Sentinel Energy Center, LLC to build the plant, was liable for Mr. Collins' death as a result of its negligence. The factual account of the accident is not in dispute for the purposes of this motion. Various lockout/tagout (LOTO) s...

Excerpt: ..., (4) violation of California False Advertising Law‐B&P Code 17500, and (5) declaratory relief is that contracting work done under the government PACE program to make Plaintiff's home more energy efficient Page 3 of 5 was defective and incomplete and that Plaintiff was not told that the financing costs would be added to her property taxes. The Ygrene PACE financing program at issue here operated under authority of California Senate Bill (SB) 55...

Excerpt: ...ministrative remedies regarding this cause of action by not filing an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) that included a charge of sexual harassment, or conduct corresponding thereto, within one year of the date the alleged unlawful practice occurred. (Former Gov. Code, § 12960, subd. (d), amended by stats. 2019, c. 709 (A.B.9), § 1, eff. Jan. 1, 2020; Wills v. Superior Court (2011) 195 Cal....

Excerpt: ...aw‐B&P Code 17200, (4) violation of California False Advertising Law‐B&P Code 17500, and (5) declaratory relief is that contracting work done under the government PACE program to make Plaintiff's home more energy efficient was defective and incomplete and that Plaintiff was not told that the financing costs would be added to her property taxes. The Ygrene PACE financing program at issue here operated under authority of California Senate Bill ...

Excerpt: ... Plaintiff alleges that she was comatose during the first two weeks of her admission. In her 5th AC Plaintiff has abandoned her c/a for medical negligence and now asserts cs/a only for (1) fraud and (2) elder abuse. The 5th AC is also less factually specific than the 4th AC because Plaintiff has omitted specific factual allegations regarding the direction of Plaintiff's care by her physicians, allegations that the court previously found contradic...

Excerpt: ...); No. 20 (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendan...

Excerpt: ...1, 2019 through the present date, regardless of whether such documents have any bearing on the instant litigation. The documents sought in the SDT largely have no relevance to the subject matter of this litigation, are not calculated to lead to admissible evidence, and the threat of exposing Big Wood employees', customers' and other third parties' private financial information far outweighs the necessity of this Subpoena. In opposition, Defendant...

Excerpt: ...y without providing Plaintiff a reinstatement amount and before the time to cure had expired. The terms of repayment were included in a Settlement Agreement entered into after Billy Jo Frye, the purchaser and obligor on the Note failed to make payments and filed for bankruptcy twice. Immediately upon purchase of the property Frye had conveyed her interest to herself as Trustee of Plaintiff the Brookville Trust. The Settlement Agreement provides t...

Excerpt: ... suffered by three other guests in 2017 as a result of exposure to excess pool chemicals. Plaintiff has not sufficiently pleaded malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or saf...

Excerpt: ... (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death, and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendant Empire...

Excerpt: ...s partner Lowrance, could acquire a 49% interest in the shares of Mischief upon the payment of $32,000.00. Byrd and Lowrance never paid that required consideration and therefore, never acquired an interest in Mischief. ¶ 15 Mundt was willing to overlook the above failure of consideration so long as Byrd and Lowrance were willing to devote their undivided loyalty to both Mundt and Mischief in their operations of Mischief However, Byrd and Lowranc...

Excerpt: ...Capital Management, LLC to provide further responses to Special Interrogatories numbers 4 and 29 and requests sanctions of $2,659.80. The interrogatories and responses at issue are as follows: NO. 4: Why was PNMAC Mortgage Co., LLC cancelled? RESPONSE: Capital objects to this interrogatory on the grounds that it: (i) involves the internal operations of Mortgage Co. and must be directed to the authorized representative of Mortgage Co. rather than ...

Excerpt: ...ions 418.10(a)(1)(2), 418.10(d), and 410.30(a), on the grounds that this Court lacks personal jurisdiction over Defendant who has insufficient minimum contacts to the forum for such jurisdiction to be asserted and California is an inconvenient forum since Mr. Yost is a resident of the State of Michigan. In support of his motion, Yost submitted his declaration that declares: • He is not a resident of the State of California, nor have has he ever...

Excerpt: ...G Nos. 2‐6 and RFP No. 41. Sanctions denied. This is a personal injury action in which Plaintiff alleges that she was injured when Defendant negligently drove away before Plaintiff was fully in Defendant's vehicle. Plaintiff's Complaint alleges the causes of action for motor vehicle and general negligence, claiming wage loss, hospital and medical expenses, general damage, and loss of earning capacity. Page 10 of 14 Defendant is moving to compel...

Excerpt: ...se the request is denied. Court declines to rule on DWA's evidentiary objections. (CCP § 437c(q).) Court declines to rule on MSWD's evidentiary objections. (CCP § 437c(q.) This action arises out of the Sustainable Groundwater Management Act (Water Code § 10720 et seq.) (“SGMA”). Petitioner Mission Springs Water District (“MSWD”) filed its original petition on February 16, 2016 and the operative third amended petition (“TAP”) on Jun...

Excerpt: ... Edward Ortiz and Nancy Ortiz (“Plaintiffs”) filed the complaint seeking to quiet title to the Property on June 7, 2019 against defendants Kenneth Bordewick and 1801 Boulevard Holdings, LLC (the “LLC”) (together, “Defendants”). Defendants filed a cross‐complaint for breach of contract and fraud against Plaintiffs on September 19, 2019. The parties subsequently entered into a stipulation, which provides in relevant part: • Defendan...

Excerpt: ...an order compelling CrossDefendant Pennymac Loan Services, LLC to provide further responses to RFA numbers 10 and 11 and for sanctions. CitiMortgage asserts that Pennymac's responses to these requests merely provided meritless objections. The RFAs in question are as follows: No. 10: Admit that YOU had a duty to notify Plaintiffs that CitiMortgage repurchased the LOAN. RESPONSE: PLS objects to this Request on the ground that it: (i) is vague and a...

Excerpt: ...roject by Defendant Southern California Edison to move transmission lines that crossed I‐10 from temporary to permanent poles. On 04/21/17, Plaintiff in the instant individual case (PSC1801449), Maria Alvarez, filed identical government claims with the State of California naming the responsible agency in one as Caltrans and the CHP in the other based upon the following: At approximately 5:15AM on October 23, 2016, Ms. Alvarez was a passenger in...

Excerpt: ...d damages. Like the First Amended Complaint, the Second Amended Complaint (“SAC”), alleges four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda Page 4 of 7 to the Purchase Agreement; and (4) Declaratory Relief for Cancellation of the Purchase Transaction. Defendant Sellers once again gen...

Excerpt: ...Page 3 of 3 As to relevancy, Essentially Defendant claims that it has agreed to produce documents which it has determined are relevant to Plaintiffs' claims, those being, documents relevant to specifically Plaintiffs' vehicle: GM's Global Warranty History Reports for Plaintiffs' Cruze, including that vehicle's Transaction History documenting all the warranty repairs for which GM—not Plaintiff— paid; incidentally obtained repair orders for Pla...

Excerpt: ...as an experienced drug user. He had a history of convictions for use, possession and manufacture of methamphetamine. Prior to the collision, Miller consumed some quantity of methamphetamine intentionally. As a result of prior drug education programs to which he was sentenced, Miller knew that the methamphetamine would cause him drive dangerously and to be unable to maintain concentration and focus, and to be unable to safely operate a vehicle. He...

Excerpt: ...ng argument regarding barebones confidentiality fails: Defendant Planned Parenthood is a health care provider specializing in gynecological and reproductive health care, including abortions and family planning care, which has subjected it to political and physical attacks. Throughout the course of this litigation, Planned Parenthood has produced confidential documents. These documents can be used by all parties within the bounds of this case, inc...

Excerpt: ...privilege, a privilege log is to be provided with sufficient specificity to allow the court and parties to determine if the claim is appropriate, including but not limited to the name of the document, the author, the date, all receiving parties and general substance of the document. However, Defendant claims that documents produced by Plaintiff not only do not support its claims but suggest that Plaintiff's claims are inflated and that the only w...

Excerpt: ...iced motion for relief from waiver is required. (i.e., such relief cannot be granted ex parte, or where the only motion pending is a motion to compel.) (CCP § 2030.290(a).) The party seeking belatedly to assert some objection must show that he or she has belatedly served responses “in substantial compliance” with that party's duty to respond under CCP § 2030.210(a). (CCP § 2030.290(a)(1).) The declarations must establish that the party's f...

Excerpt: ...iff Corina Young (“Plaintiff”), derivatively on behalf of Southern California Organic Treatment (“SCOT”), filed the complaint (the “Complaint”) in this action on July 16, 2020 against defendants David Gash (“Gash”) Matthew Yamashita (“Yamashita”), James Hammermeister (“Hammermeister”), Quorum Green Industries, LLC (“Quorum”); Grizzly Peak Farms, LLC (“GPF”); Grizzly Peak Farms II (“GPF II”), LLC; Grizzly Peak F...

Excerpt: ...e hearing on this Motion was continued from April 13, 2021, to May 13, 2021, for the moving party to comply with the Case Management Order (“CMO”), particularly CMO Section H (3)(a)(iii)(D), 3(a)(vi), 3(i), 3(l). Accordingly, Plaintiffs have filed supplemental documents in further support of their Motion and have now fully complied with the CMO. This is a wage and hour class action. Plaintiffs bring the instant Motion for Preliminary Approval...

Excerpt: ...ow Plaintiffs to comply with the noncompliant matters under CMO Section H (3)(a)(iii)(D), 3(a)(vi), 3(i), and 3(l). Plaintiffs should also address the suggested revisions discussed below. The introductory paragraph of the Proposed Order, when defining “Settlement” should reference that the Settlement agreement is attached as “Exhibit A” to the Declaration of John A. young filed on March 18, 2021. Paragraph 1 of the Proposed Order should a...

Excerpt: ...s David Gash (“Gash”) Matthew Yamashita (“Yamashita”), James Hammermeister (“Hammermeister”), Quorum Green Industries, LLC (“Quorum”); Grizzly Peak Farms, LLC (“GPF Page 4 of 5 I”); Grizzly Peak Farms II (“GPF II”), LLC; Grizzly Peak Farms 3 (“GPF III”), LLC; Touch of Green Holdings, LLC (“TGH”); and Gold Coast Design, Inc. (“GCD”) (Gash, Yamashita and Hammermeister are collectively referred to as the “Direct...

Excerpt: ...permissibly duplicative and serve no useful purpose, and (4) PNMAC Capital does not allege any facts evidencing that it is entitled to the requested relief. CitiMortgage asserts that PNMAC Capital Management, LLC's ("PNMAC Capital") crosscomplaint asserts four declaratory relief claims in an attempt to rewrite an agreement it entered into more than ten years ago. PNMAC Capital concedes that it entered into a written agreement— the Master Mortga...

Excerpt: ...to CCP §473(b). Defendant moves the court to set aside the default on the grounds the parties agreed that Defendant would purchase Plaintiffs' share of the property. December 17, 2020, defendant's default was taken by plaintiff's attorney without any warning, after the defendant obtained a loan in reliance on the representations of the plaintiffs and eventually, their attorney. Defendant submitted his declaration in support of his motion, which ...

Excerpt: ...endants arising out of a bicycle with motor vehicle accident. Plaintiffs allege 5 causes of action for: 1) dangerous condition of public property, 2) public entity liability for failure to perform mandatory duties, 3) premises liability, 4) negligence, vehicle, and 5) negligent entrustment. City of Cathedral City demurs to the 1st and 2nd causes of action in Plaintiffs' First Amended Complaint on the following grounds: 1) Plaintiff, SONIA HERNAND...

Excerpt: ... the date of the document and subject matter. Additionally, plaintiff to produce all previously produced email messages in native format. Plaintiff to serve the above within 15 days. The parties are to meet and confer in person or on the telephone within 7 days to determine whether and what search terms should be employed to conduct further search for responsive email messages. Motion denied at this time as FATC seeks disclosure of the alleged �...

Excerpt: ... and pesticide sprayers. Plaintiffs' operative Second Amended Complaint alleged the following causes of action: (1) Failure to Pay Wages; (2) Failure to Provide Lawful Rest Periods; (3) Unfair Competition; (4) Failure to Furnish Accurate Itemized Wage Statements; and (5) Remedies Under the PAGA. The parties participated in multiple mediation sessions, which resulted in a settlement in February 2021. Plaintiffs bring the instant motion for prelimi...

Excerpt: ...y on Sterling Place in Rancho Mirage. (Complaint, ¶¶ 9, 11, Exhibit A.) Defendant owns property on Verlaine Drive in Rancho Mirage. (Id., ¶¶ 10, 12, Exhibit B.) The Defendant's property is located directly behind the Plaintiffs' property, and the two properties are separated by a brick wall. (Id., ¶ 13, Exhibit C.) The Plaintiffs maintained a row of 25 ficus trees and one fruit tree (standing 25 to 35 feet high) along the back wall bordering...

Excerpt: ...ingle cause of action for negligence and the addition of exemplary and punitive damages. Plaintiff asserts that the First Amended Complaint pled causes of action for negligence and assault and battery. The causes of action for assault and battery have since been stricken, via stipulation between the parties. Through the litigation process, however, Plaintiff's counsel has uncovered further evidence and facts indicative that Defendant breached his...

Excerpt: ...ttorney's fees claims, and (4) punitive damages claims for the Third Amended Complaint (TAC). Page 5 of 14 Plaintiff's contract allegations in the TAC that a privacy policy on a website formed a contract with Plaintiff and that First American breached that contract are inconsistent with and violative of this Court's prior orders and as such are irrelevant and improper. CCP § 436(a) provides that a court may “[s]trike out any irrelevant, false,...

Excerpt: ...fendants Robles Pipeline Laying, Inc. (“Robles”), Roberto Robles, Coachella Valley Conservation Commission (“CVCC”) and various other public entities. Plaintiff alleges that on June 1, 2018, while driving his motorcycle on a dirt road, he ran into a fence consisting of a single strand of metal cable strung between two metal posts and suffered serious injuries as a result. (Complaint, ¶ 4.) Robles is alleged to be the contractor that cons...

Excerpt: ... to Cross‐Defendant Go Green Go Enterprises. This case is based on Defendants' alleged breach of a binding agreement to sell Plaintiffs 100% membership interest in Defendant YG Joint Venture, Inc. so that Plaintiffs Go Green Go Enterprises, Inc., The YG Joint Venture, Inc. and Gonzalo Nieto could develop and operate a cannabis cultivation, manufacturing, and distribution business in Palm Springs. Defendants Montalvo Enterprises, Inc. and Steve ...

Excerpt: ...olation of the Local Rule, for failing to appear at the December 06, 2019 trial, and fees and costs incurred by Dunlap for bringing the Motion for Sanctions. On January 12, 2021, this Court heard the Motion filed by Attorney Coppola to modify the payment order on the ground of his inability to pay within the timeline set by the Court. On the same date, the Court denied Dunlap's Motion for Order to Show Cause Re: Contempt against Attorney Coppola ...

Excerpt: ...urt ruled that it does not have jurisdiction over PNMAC Mortgage Co., LLC ("PNMAC") because PNMAC does not exist as a legal entity. Cross‐Defendants therefore assert that consistent with this reasoning, the Court should now grant the present motion. If the Court lacks jurisdiction to issue and enforce discovery orders, it likewise lacks jurisdiction to otherwise adjudicate the merits of any claim or defense involving therefore there is no legit...

Excerpt: ...y of Indio. (SUF no. 1) The motion is based upon the grounds that there is no triable issue of fact that defect identified by plaintiff is trivial as matter of law and that Defendant is therefore entitled to summary judgment. Defendant has failed to meet it burden to show that the defect was trivial as a matter of law. A defendant moving for summary judgment must “show” that either: one or more elements of the “cause of action … cannot be...

Excerpt: ...id Gash (“Gash”), Matthew Yamashita (“Yamashita”), James Hammermeister (“Hammermeister”), Quorum Green Industries, LLC (“Quorum”), Grizzly Peak Farms, LLC (“GPF I”), Grizzly Peak Farms II (“GPF II”), LLC; Grizzly Peak Farms 3 (“GPF III”), LLC; Touch of Green Holdings, LLC (“TGH”); and Gold Coast Design, Inc. (“GCD”) (Gash, Yamashita and Hammermeister are collectively referred to as the “Director Defendants.�...

Excerpt: ...cusable neglect pursuant to CCP § 473(b). More specifically, James Haas, Defendant's COO and former CEO and president, states “Greengro requests to be relieved of its default, which resulted from excusable neglect as I was unable to secure replacement counsel following my lawyer relieving himself as counsel in October 2020 and participate in the litigation on the merits consistent with the judicial policy of this state.” (Haas Decl., ¶ 14.)...

Excerpt: ... SPRINGS, LUKE RAINEY, AS DEPUTY CITY MANAGER OF THE CITY OF DESERT HOT SPRINGS, DORIA WILMS, AS ASSISTANT CITY MANAGER OF THE CITY OF DESERT HOT SPRINGS, JERRYL SORIANO, CMC AS THE CITY CLERK OF THE CITY OF DESERT HOT SPRINGS Tentative Ruling: Demurrer sustained without leave to amend. Request for Judicial Notice by City as to Exhibits 1‐2 and 7 is granted as well as request set forth in the reply. Petitioner's Request for Judicial Notice is g...

Excerpt: ...es delivered to Dept. PS2 by 4:00 pm. In light of issues of allocation, is summary adjudication of the duty to defend appropriate at this stage of the litigation? The first cause of action against CVCC is based, in part, upon the actions of its agents, including Robles – indeed, Robles acknowledged the fact several times, including during oral argument. However, the first cause of action is also based upon other alleged acts and omissions that ...

Excerpt: ...inued to allow Plaintiffs to comply with the noncompliant matters under CMO Section H (3)(a)(iii)(D), 3(a)(vi), 3(i), and 3(l). Plaintiffs should also address the suggested revisions discussed below. The introductory paragraph of the Proposed Order, when defining “Settlement” should reference that the Settlement agreement is attached as “Exhibit A” to the Declaration of John A. Young filed on March 18, 2021. Paragraph 1 of the Proposed Or...

Excerpt: ...ent Interference with Prospective Economic Relations, and Intentional Interference with Contract). Moving parties assert that the Eminent Domain Action and the Inverse Action are related cases which involve common questions of law and fact regarding determination of compensation. Tried separately, the two actions would risk inconsistent judgments, and deficient or duplicative compensation. Consolidation allowing all issues to be resolved in a sin...

Excerpt: ...among others, the Association, the Club, Association Directors, and Peters & Freedman, LLP in their role as Inspector of Election. On March 14, 2019, Plaintiffs filed a motion for summary adjudication of their first, seventh, eighth, ninth, and eleventh causes of action. On September 9, 2019, the court issued its order granting in part and denying in part Plaintiffs' motion. Relevant here, the court granted summary adjudication in favor of Plaint...

Excerpt: ...otice is granted. The court declines to rule on City's evidentiary objections as they are not material to this court's ruling. Petitioner, Committee to Relocate Marilyn (“Petitioner”), filed the petition (the “Petition”) in this action on March 19, 2021 against respondent City of Palm Springs (“the “City”). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within ...

Excerpt: ...cial properties and related businesses to Defendant Urwell Diversified Holdings, Inc. and later to Defendant Zenith Homes, LLC with the Plaintiffs carrying back the financing and holding first‐priority deeds of trust based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas by which Cardenas loan...

Excerpt: ...he construction of a large glass Porsche automobile dealership (Project). Indigo Auto subcontracted with Defendant Northport Glass & Door, LLC, as a subcontractor, to perform extensive glazing work on the Project. Northport, in turn, contracted with Plaintiff Oldcastle at a fixed contract amount of $774,260 to "engineer and fabricate" "glazing systems" for the Project. After Northport walked off the job, Indigo Auto thereupon hired another subcon...

Excerpt: ...ns for $175,000 but then attempted to cancel the sale because he received a better offer. Stuart's living siblings, Rose McClain and Ken McClain, and the issue of their deceased brother Steve McClain, Aaron McClain, Charmaine Marie McClain, Meghan Trust and Rebekah Havard (McClain Beneficiaries) filed a Cross Complaint and First Amended Cross Complaint for (1, 3) financial elder abuse, (2) intentional interference with contract, and (4) breach of...

Excerpt: ...een married to Shalom and Zipora's now deceased son, Asher, claims that after Abraham and Zipora created and omitted Sarahi and Leah from an estate plan, which included a trust, Abraham and Zipora nevertheless promised to provide for Sarahi and Leah and in the three‐month period between Shalom's death in July 2019 and Zipora's death in July 2019, their other son, Abraham moved in with Zipora and used undue influence to prevent her from changing...

Excerpt: ...ports the addition of punitive damages allegations. Plaintiff submits a notice of lodgment of evidence (including certain documents under seal) in support of her motion. Defendant asserts that Plaintiffs proposed Sixth Amended Complaint fails to include any additional facts that would support the addition of punitive damages. Defendant further asserts that when looking at the sufficiency of a proposed pleading, courts look to the allegations with...

Excerpt: ...Complaint”) in this action on April 5, 2019 against, defendants Robles Pipeline Laying, Inc. (“Robles”), Roberto Robles, Coachella Valley Conservation Commission (“CVCC”) and various other public entities. Plaintiff alleges that on June 1, 2018, while driving his motorcycle on a dirt road, he ran into a fence consisting of a single strand of metal cable strung between two metal posts and suffered serious injuries as a result. (Complaint...

Excerpt: ...r their granddaughters, Sarahi and Leah, as they allegedly promised to do. More specifically, Aliza (Lisa) Wolf who had been married to Shalom and Zipora's now deceased son, Asher, claims that after Abraham and Zipora created and omitted Sarahi and Leah from an estate plan, which included a trust, Abraham and Zipora nevertheless promised to provide for Sarahi and Leah and in the threemonth period between Shalom's death in July 2019 and Zipora's d...

Excerpt: ...dly worked on the subject toilet. Plaintiff alleges the following in support of her punitive damages claim: As of late January 2020, Defendants knew the toilet at the subject Circle K was unsafe and detaching from the floor at the base. Defendants knew the toilet was missing the metal bolt used to fasten the toilet to the ground. Defendants knew the left side of the toilet was completely disconnected from the floor. Defendants knew the caulking s...

Excerpt: ... days leave to amend as to the 6th cause of action. Plaintiff Glenn Melvin resides in Alberta, Canada. He brings the instant action against Defendants Glen Brayshaw, Michael Nyhuis, Sean Runnels, Vanguard Leisure Properties Real Estate Investment Trust, and VLP Management, Ltd. (collectively, “Defendants”). Vanguard Leisure Properties Real Estate Investment Trust is a Real Estate Investment Trust (“REIT”) created under Canadian law and op...

Excerpt: ...n matters embraced in" or "affected" by a pending appeal. The Banc argues that the claim made in the FAC that the court's setoff did not violate the Bank's rights as a secured creditor or under a Subordination Agreement signed by the Bank, E‐Commerce Trade, LLC and ECL encompasses the Bank's Third Cause of Action for Breach of Subordination Agreement at issue in the Bank's FAC and that adjudication of this cause of action in this proceeding cre...

Excerpt: ...n matters embraced in" or "affected" by a pending appeal. The Banc argues that the claim made in the FAC that the court's setoff did not violate the Bank's rights as a secured creditor or under a Subordination Agreement signed by the Bank, E‐Commerce Trade, LLC and ECL encompasses the Bank's Third Cause of Action for Breach of Subordination Agreement at issue in the Bank's FAC and that adjudication of this cause of action in this proceeding cre...

Excerpt: ...inkle and Margaret Stutz (together, “Individual Defendants”). (DRMC and Individual Defendants are collectively referred to as, “Defendants”). Plaintiff alleges that on October 22, 2019, DRMC terminated her employment as a nurse in the Labor and Delivery unit at the hospital. (Complaint, ¶¶ 13‐20.) Plaintiff further alleges that her employment was wrongfully terminated in retaliation for Plaintiff's communication of complaints/concerns...

Excerpt: ...(4) prohibited from public nudity; (5) prohibited from altering and/or removing Common Area property without permission of the Associations Architectural Committee or the Association's Board; (6) prohibited from spraying noxious chemicals on the Property and/or Common Areas and (6) For Damages, including but not limited to costs to repair/restore damage Defendants caused to the Common Areas, according to proof at trial. The 2nd cause of action fo...

Excerpt: ... him by Plaintiff and transfer of title to real property to revocable trust of which Defendant Susan Frydrych, Adelman's daughter is the beneficiary. Plaintiff alleges the following as to the agreement for legal services and transfer of assets: Jerome Adelman entered into an agreement with Plaintiff for legal services in the matters of Ronald Adelman v. Jerome Adelman, Los Angeles Superior Court Case No. LC097376 on August 12, 2012; and Jerome Ad...

Excerpt: ...or $175,000 but then attempted to cancel the sale because he received a better offer. Stuart's living siblings, Rose McClain and Ken McClain, and the issue of their deceased brother Steve McClain, Aaron McClain, Charmine Marie McClain, Meghan Trust and Rebekah Havard (McClain Beneficiaries) filed this First Amended Cross Complaint for (1, 3) financial elder abuse, (2) intentional interference with contract, and (4) breach of fiduciary duty based ...

Excerpt: ... action on September 17, 2020 against defendants Deborah Quinn (“Quinn”) and Stephan Brown (“Brown”) (together, “Defendants”). Plaintiff alleges that the parties breached an implied part of a Stock Purchase Agreement (the “Agreement”) under which Quinn sold 100% of the Attitude Adjustment Inc. (“AAI”) to Brown by not tendering Plaintiff a pro rata amount of the proceeds Page 5 of 6 based upon her ownership interest in AAI. Pla...

Excerpt: ...ental status examination and interview of Plaintiff as well as the administration of a battery and/or series of psychological and/or psychiatric tests throughout the examination and testing period." (See, Demand, Ex. "A" to State Farm's Motion to Compel.) Petitioner must obtain leave of court to conduct a mental exam. Accordingly, the notice is defective and provides a legal basis for denial. In any event, Respondent is not making a claim for men...

Excerpt: ...rcial insurance policy from Defendants USIC and White. On March 17, 2016, Plaintiffs performed window cleaning services for customer William Nicholson. On March 8, 2018, Nicholson filed a negligence action against Plaintiffs alleging that Plaintiffs left permanent scratches on all of the windows that were cleaned. On May 5, 2018, Plaintiffs formally tendered the Nicholson trial defense and indemnity to USIC. On May 8, 2018, Defendants denied cove...

Excerpt: ...t Staybridge Suites Cathedral City from November 13‐ 17, 2017. Plaintiffs allege few facts regarding the actual incident other than that they began to experience itching on the 14th; that they did not know what was causing the itching when they checked out; that on the 18th after noticing bite marks Ms. Famulak notified the hotel about the bedbugs; that the general manager later called and confirmed that Plaintiffs' room was in fact infested wi...

Excerpt: ...t Staybridge Suites Cathedral City from November 13‐ 17, 2017. Plaintiffs allege few facts regarding the actual incident other than that they began to experience itching on the 14th; that they did not know what was causing the itching when they checked out; that on the 18th after noticing bite marks Ms. Famulak notified the hotel about the bedbugs; that the general manager later called and confirmed that Plaintiffs' room was in fact infested wi...

Excerpt: ...ional Infliction of Emotional Distress; 5. Negligent Infliction of Emotional Distress; 6. Breach of Contract; and 8. Breach of Covenant of Quiet Enjoyment. Defendant previously moved to strike punitive damages allegations and prayers for relief, which this court has granted with leave to amend. Once again Defendant moves to strike similar portions of the SAC on the grounds that the allegations are not based on ultimate facts, are conclusory, and ...

Excerpt: ..., which operates a wine bar in the City if Palm Desert, entered into a commercial lease (the “Lease”) with Defendant on March 30, 2018. (Complaint, ¶¶ 1‐2, 5.) Plaintiff commenced operation in January 2019 and remained in continuous operation until March 2020. (Id., ¶ 6.) On March 4, 2020, a state of emergency was declared for the State of California because of the threat of the COVID‐19 virus. (Id., ¶ 7.) On March 11, 2020, the World...

Excerpt: ...) Negligence, (2) IIED, (3) Public Nuisance, and (4) Fraudulent Concealment arises out of bed bug bites suffered by Plaintiff when she was a guest at Defendants' Embassy Suites hotel in Palm Desert for two nights beginning June 22, 2016. Plaintiff alleges that she suffered bedbug bites the first two nights of her stay in room 335, after which she complained about the bedbugs and was moved to a different room, 330. Plaintiff has at least pled suff...

Excerpt: ...s of action fail to state a cause of action. The FAC, like the previous versions, contains extraneous allegations about, among other things, nursing strikes and fines paid by Defendant Tenet as well as contradictory and confusing allegations. For example, the FAC includes allegations that “At all times relevant to this action, Plaintiff was 51 years of age, a comatose quadriplegic patient with inability to speak which restricted her ability to ...

Excerpt: ...�Stepping outside their proper role, as detailed further below, Defendants embarked on a course of conduct which included making intentional misrepresentations to Plaintiff and other HOA members and taking related tortious actions designed to manipulate the election to insure the implementation of the Solar Project.” (FAC ¶ 20.) In other words, Plaintiff alleges that the Board engaged in wrongful acts that include both speech and non‐speech....

Excerpt: ...ustains Plaintiff's evidentiary objections 3 and 5 to the M. Jiggins Declaration only to the extent that the out‐of‐court statements are offered to prove the truth of the matter asserted. Court sustains Plaintiff's single evidentiary objection to the Doidge Declaration. Plaintiff's Remaining Objections are overruled. Court sustains Defendants' evidentiary objection 1 to the Heravi Declaration. Court sustains evidentiary objections 2 and 7 to ...

Excerpt: ...wer plant located in Riverside County, California, when gas turbine technician Daniel Collins was killed after he was struck by a fuel filter cover that blew off the equipment he was working on. Plaintiffs Denise and Christopher Collins, Mr. Collins' widow and son, filed this lawsuit asserting, among other claims against various defendants, that moving Defendant Gemma, the contractor hired by Defendant CPV Sentinel Energy Center, LLC to build the...

Excerpt: ...in Department PS2. Plaintiff has failed to establish a right to a “new trial” on any basis asserted. Page 5 of 6 Plaintiff moves the court to vacate the judgment entered on December 8, 2020 after granting Defendant Proper Solutions' Motion for Summary Judgment on the grounds that the court's ruling was not supported by the law and evidence in this case. Specifically, Plaintiff alleges that the court erred 1) by finding that the declaration of...

Excerpt: ...iff/Cross‐Defendant CIP Indio, LLC. Kaval's SACC for (1) fraud‐Consent to Assignment, (2) fraud‐Business Purchase Agreement, (3) breach of contract, and (4) concealment is based on allegations that to have the lease assigned to him, Kaval had to fulfill several conditions, including the approval of his business plan focused on selling coffee, hot and cold sandwiches, and ice cream; that the Consent to Assignment, provided that Anderson and ...

Excerpt: ...d tending to render the judgment ineffectual. Plaintiff asserts that CCP §731 expressly authorizes an injunction when a person's property is injuriously affected or personal enjoyment is lessened by a nuisance as defined in Civ. Code §3479. However, this motion is for a preliminary injunction, not a permanent injunction. As such these provisions have no application to the ruling on this motion. “[A]n injunction is prohibitory if it requires a...

Excerpt: ...ntional Interference with Prospective Economic Advantage, (3) Intentional Interference with Contractual Relations, (4) Unfair Business Practices, (5) Conversion and (6) Injunctive Relief. This action terminated in Cuevas‐Martinez' favor when the court granted his motion for summary judgement, essentially finding that SSS failed to present evidence to raise a triable issue of fact. Plaintiff has shown that there is a substantial probability that...

Excerpt: ...e and Defendant and Cross‐Complainant Coachella Valley Association of Governments seek sanctions under CCP section 128.7 based upon Plaintiff's filing of its FAC. The FAC sets forth causes of action for: (1) breach of contract‐3rd party beneficiary, (2) Breach of contract, (3) violation of California Unfair Competition Law, (4) violation of California False Advertising Law, (5) cancellation of taxes and (6) declaratory relief. The central all...

Excerpt: ...hether a triable issue of fact exists. Moreover, sustaining defense objections based on the asserted grounds of lack of personal knowledge would necessarily require the court to weigh credibility. The court has considered all cases cited by the parties and admittedly the arguments of the defense are well presented, however, the arguments do not overcome the prohibition of a trial court's obligation to strictly construe the moving party's evidence...

Excerpt: ...he gravamen of this action for: (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) conversion, (6) constructive trust and (7) violation of Civil Code section 3344 is that Plaintiff has not received her share of the profits in the Brandini Toffee company. Plaintiff Leah Post alleges that in 2006, while in high school, she and Defendant Brandon Weimer, who were both m...

Excerpt: ...he gravamen of this action for: (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) conversion, (6) constructive trust and (7) violation of Civil Code section 3344 is that Plaintiff has not received her share of the profits in the Brandini Toffee company. Plaintiff Leah Post alleges that in 2006, while in high school, she and Defendant Brandon Weimer, who were both m...

Excerpt: ...bases of venue articulated in CCP §395.5. (Buran Equipment Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1666.) CCP §395.5 provides that “[a] corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated." (CCP §395.5.) However, The Complaint is ...

Excerpt: ...actual obligations, PNMAC Capital owed CitiMortgage a duty of care because, among other reasons, PNMAC Capital was the owner/beneficiary of the loan from at least March 19, 2010 to October 2010. Page 3 of 10 • As the prior owner/beneficiary of the loan, PNMAC Capital owed CitiMortgage a duty of care, including but not limited to, a duty to properly service the loan, a duty to notify the Wolfes that CitiMortgage had allegedly repurchased the loa...

Excerpt: ... remediate that infestation. The Waites seek an order compelling arbitration based upon the arbitration provision in the purchase/sale agreement. There is a possibility of conflicting rulings on common issue of fact or law. Novey does not dispute that he agreed to arbitrate the dispute, but argues, nevertheless that the motion should be denied because the HOA is not a party to the arbitration agreement and that simultaneously proceeding with arbi...

Excerpt: ...lude an additional, Henry Garcia, on the class and PAGA claims. Defendant has waived any objection to service. Defendant argues that the motion was improperly served by electronic service. This argument is not a basis for denying the motion because Defendant has filed a substantive opposition and makes no claim that it was unable to file a complete opposition because of the alleged improper service. “This court understands the dilemma faced by ...

Excerpt: ...and wife from whom he bought the condo, David and Athena Waite, and against Defendant Estados South HOA based upon the Waites' failure to disclose the existence of and the HOA's failure to prevent and then adequately remediate an alleged rat infestation that caused damage to his property. Novey alleges a 4th cause of action for negligence and 5th cause of action for negligent hiring, retention and supervision of the Gaffney Group against the HOA ...

Excerpt: ...san E. Holt (collectively, the “Original Defendants”). On September 9, 2009, the HOA filed the operative first amended complaint (“FAC”) which added the following defendants: Tony Lanza; Brett Gregor; Karen Gregor; Margaret Schramm; Susan Screen; Leslie Rutter; Carolyn Rutter; Drew Couto; Beth Ballerini; and Judith Myers (collectively, the “Added Defendants”) (the Original Defendants and the Added Defendants are collectively referred ...

Excerpt: ...into a purchase/sale agreement and escrow to sell trust property, a condominium in Palm Springs, to plaintiff Jonathan Evans for $175,000 but then attempted to cancel the sale because he received a better offer. Proposed intervenors, the beneficiaries of the trust (McClain Beneficiaries), seek leave to file a complaint in intervention for financial elder abuse based upon allegations that Defendant McClain, who is also a beneficiary of the trust b...

Excerpt: ... order which the court cannot enforce against any current and legal representative of PNMAC. Moreover, this court lacks jurisdiction. CitiMortgage asserts that this court has jurisdiction to enter discovery orders against PNMAC “even if PNMAC lacks capacity because lack of capacity is not a jurisdictional defect.” (See Am. Alternative Energy Partners 11 v. Windridge, Inc. (1996) 42 Cal. App. 4th 551, 559 "Lack of capacity is not a jurisdictio...

Excerpt: ...anics, filed a derivative action against among others the three directors of SCOT, David Gash, Matthew Yamashita, and James Hammermeister, PSC2003199. Essentially, the Complaint alleges that the Director Defendants engaged in mismanagement and self‐dealing Page 3 of 4 and used corporate financial and personnel assets for their own and their businesses benefit. (Derivative Compl., ¶ 20.) In response, Defendants filed a Cross Complaint in which ...

Excerpt: ...e owner of the premises located at 130 Yale Drive Rancho Mirage, California 92270. Defendant is the Homeowners association of the Property. Plaintiff claims that based on the CC& Rs the HOA was responsible for the repair of her roof, but negligently failed to do so causing damage to her unit. Defendant's moving papers assert that Plaintiff wrongfully seeks to recover general damages and attorney's fees under cost of suit. Defendant asserts that P...

Excerpt: ...th convinced him to move to Palm Springs for a romantic relationship. Defendant was in the process of divorcing Vince Keenan, and Defendant used Plaintiff to improperly obtain money from. Defendant also lied about any diseases he had, etc. After the relationship ended, Plaintiff lost his property, was kicked out of school, lost his job and was suicidal. On 6/1/20, Plaintiff filed his complaint for fraud, intentional infliction of emotional distre...

Excerpt: ... duty, and 3) legal malpractice. Defendant demurred once again to the 1st cause of action, which this court is set to hear on 12/23/20. The court should sustain without leave to amend as the FAC added no additional facts, to show that Defendant took any property from Ms. Montage for any wrongful purpose or with the intent to defraud her, needed to support the cause of action. Defendant also moved to strike portions of the FAC as follows: Request ...