Excerpt: ...ment, Ltd., BTC Developments, Inc., LJ Acquisitions, LLC, M.A.N. Holdings, LLC, CV Land Company, LLC, Desert Dunes Management, LLC, DDGC Holdings, Ltd., DDGC Operations, Ltd. and Desert Dunes Condos, LP to provide further response to Plaintiffs' RFPs Nos. 25 ‐ 32. Plaintiffs issued identical RFPs to each of the ten defendants. Each of those 10 defendants served the same responses to the following RFPs. Page 2 of 3 RFP No. 25: Seeks all communic...

Excerpt: ...st enrichment based upon allegations that CrossComplainants own the subject property; that Cross‐Defendants have resided in the Property rent‐free since 1999; and that Cross‐Defendants have been wrongfully enriched in an amount to be proven at trial to the detriment of Cross‐ Complainants. (FACC ¶¶ 9 13.) The demurrer is based upon the grounds that the FACC fails to state a cause of action. The FACC fails to allege unjust retention of t...

Excerpt: ...ional distress by throwing the summons and complaint containing her information on the porch where the papers scattered everywhere for the entire community to see. Further, the CC alleges that the process server verbally abused her mother, Theresa Cohen who is elderly and hard of hearing and legally blind, which caused CrossComplainant severe emotional distress. 1 st Cause of Action for IIED: To recover for intentional infliction of emotional dis...

Excerpt: ...ry Feinberg voluntarily consumed alcohol to the point of intoxication knowing when she began drinking that she would be operating a motor vehicle soon after. That Hillary's actions demonstrated a conscious and deliberate disregard of the rights and safety of others entitling Plaintiffs to punitive damages. That Hillary while intoxicated ran a red light and collided into Plaintiffs' vehicle causing them to sustain serious injuries. Hillary asserts...

Excerpt: ... by calculation' from the day such damages are certain or capable of being made certain.” (Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 43.) Damages are deemed certain or capable of being made certain within the provisions of subdivision (a) of section 3287 where there is essentially no dispute between the parties concerning the basis of computation of damages if any are recoverable but where their dispute centers on the issue o...

Excerpt: ...in the alternative summary adjudication, on Cross‐Complainant Yun Hei Shin's Second Amended CrossComplaint on the grounds that all causes of action have no merit and/or are moot and that Shin lacks standing to bring such claims. Murray Altman (“Altman”) is the sole managing member of Desert Springs Financial, LLC. (“DSF”) Defendant Mitchell Altman (“Mitchell”) is Altman's son and Cross‐Defendant. CrossComplainant Yun Hei Shin (“...

Excerpt: ...'s Fund Ins. Co. (2013) 216 Cal.App.4th 902, 926‐927, 933, fn. 15.) The quantum of evidence needed to satisfy that burden may vary, however, depending on whether plaintiff is or is not a California resident and whether defendant seeks a stay of the action or dismissal. (See National Football League v. Fireman's Fund Ins. Co., supra, 216 Cal.App.4th at 939‐940.) There is a “strong presumption” in favor of plaintiff's choice of forum only w...

Excerpt: ...rove through a gate at the end of a dead end street and crashed into a tree. And there is no dispute that neither decedent Mark Haner, nor, Thadine, both of whom were passengers in the back seat, were using seatbelts. In addition to suing Lane, Plaintiffs have sued, the estate of John Renner the owner of the subject vehicle, who was also killed in the crash, the City of Palm Springs, Palm Springs Country Club, LLC where the gate is located, Bashi...

Excerpt: ...a computer hacker accessed Plaintiff's unprotected personal information from D First American Title Company's website and used that information to cause Plaintiff to transfer the purchase funds to the hacker's bank account. 1 st c/a‐Plaintiff has stated a cause of action based upon First American's negligent maintenance of Plaintiff's personal information. Defendant argues that “[t]he instructions to the escrow agent constitute a contract bet...

Excerpt: ...itled to reasonable attorney fees as the prevailing party. Page 2 of 3 Plaintiff Waring Place HOA moves the court for an award of attorney's fees of $29,600 and costs of $1,391 for a total award of $30,991 as the prevailing party. In addition, HOA moves for a judgment of dismissal to be entered in their favor against Defendants pursuant to CCP §581(d). HOA brought this action to enforce the CC&Rs arising out of Defendants unauthorized landscapin...

Excerpt: ...rdingly, the court awards reasonable attorney fees to moving party in the amount of $2,925.00 jointly and severally against Grit and Mr. Braun. In the event that the moving party served such a declaration supporting the requested amount with the motion, but which has not been received by the court, the moving party is to give notice that they request oral argument and appear with the previously served declaration. The further deposition of Mr. Br...

Excerpt: ...ham Resort Development Corporation demur to the 1st – 3 rd causes of action in Deborah Hargreaves' Third Amended Complaint for fraudulent inducement, fraudulent concealment, and financial elder abuse. The TAC alleges in pertinent part as follows:  On March 8, 2017, Plaintiff Deborah Hargreaves purchased from Defendant Wyndham (and its related entities) a WorldMark time share while visiting one of Defendant's timeshare properties in Oceanside...

Excerpt: ... of Palm Springs entered into a grant agreement secured by a promissory note with Miggy's Cantina, LLC. In 2016, City brought this action for breach of the grant agreement and promissory note against Miggy's Cantina, LLC and against Defendant Richard Meaney under an alter ego theory of recovery. Miggy's Cantina, LLC was defaulted on April 2018 because it was unable to defend itself due to the suspension of its corporate status in October 2016. A ...

Excerpt: ...mes Martin and Angie Gaytan solicited donations though a GoFundMe page to pay for specific medical bills of Martin that Martin and Gaytan falsely claimed were outstanding and not covered by insurance. The Rainieris allege Page 4 of 5 that after donating $100 they discovered that all of the medical bills had been paid by insurance. Martin and Gaytan then filed this cross‐complaint for (1) implied indemnity, (2) comparative indemnity, (3) declara...

Excerpt: ...ed until Scott and Blessing married. Scott and Blessing never married. Plaintiff executed the Subject Grant Deed at the office of Defendant/Cross‐complainant Beverly Hills Escrow (BHE) and alleges that he verbally advised BHE's escrow officer of the condition in which the Subject Grant Deed would take effect or be in effect delivered. Plaintiff did not give BHE any written instructions as to the Subject Grant Deed. Page 2 of 5 Because there was...

Excerpt: ...pare formal judgment and give notice pursuant to CCP Section 1019.5. Plaintiffs seek summary judgment on their 1st (Quiet Title) and 2nd (Declaratory Relief) causes of action. The motion was timely filed and served and no opposition was filed by Defendants, but was due 10/23/19. In large part, the evidence in support of Plaintiffs' motion is based on admissions deemed admitted (by court order 12/6/18). The admissions deemed admitted by Defendants...

Excerpt: ...FK Memorial Hospital. The motion is based upon the ground that Sanchez agreed to arbitrate these claims. The arbitration agreement is unconscionable. There is no dispute that Sanchez agreed to arbitrate employment related claims as part of JFK's Fair Treatment Process. FTP. The FTP provides for a pre‐arbitration resolution procedure and only after that is completed binding arbitration. “If the court as a matter of law finds the contract or an...

Excerpt: ...rsh v. Heily & Blase (1992) 3 Cal.4th 1, 12‐13. Among other grounds the court may modify or “correct” an award where the arbitrators “exceeded their powers but the award can be corrected without affecting the merits of the decision …” CCP § 1286.6. “An arbitrator's errors generally do not contravene the “exceeded powers” clause of the CAA. Under section 1286.2, subdivision (a)(4), an arbitrator exceeds his powers by acting ...

Excerpt: ...ll's Pizza No. 1, Inc. and Bill's Pizza Palm Desert, Inc. Prior to the parties' arbitration, Defendant Steven Hamlin deposed William Tracy. Tracy is the sole shareholder and PMK for Bill's Pizza No. 1, Inc. and Bill's Pizza Palm Desert. In the prior deposition of Tracey, Defendant acknowledges that questions were asked concerning the corporate entities, but Defendant asserts that Tracy only gave vague and incomplete answers to many of the questio...

Excerpt: ...sibility law controls. Defendant Fox Rent‐a‐Car, Inc. demurs to Plaintiff's Complaint for negligence on the grounds it fails to state facts sufficient to constitute a cause of action against it as it is a company engaged in the leasing of motor vehicles and any liability of the driver cannot be imputed to it based solely on its ownership of the vehicle. To withstand a demurrer the complaint must contain “a statement of the facts constitutin...

Excerpt: ...as to the 1 st, 3rd and 5th causes of action. Plaintiffs filed a SAC and Defendants once again demur to the 1st , 3 rd and 5th causes of action. The first cause of action for battery alleges that Defendants failed to eradicate a known bed bug infestation in the hotel, made a deliberate choice not to inspect or ensure that Plaintiffs' room was free of bed bugs immediately before their stay at the hotel, and failed to notify Plaintiffs of the prese...

Excerpt: ...ertence, surprise and/or excusable neglect. C.C.P. §473(b) provides that the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect within six months after judgment, dismissal, order, or proceedings has been taken. The outside time limit for seeking relief under §473(b) is therefore 6 months. This limit is jurisdictional i...

Excerpt: ...hat the court should follow Glass which was decided in this appellate division. Plaintiffs assert that Toyota is the better reasoned opinion, which this court should follow. In Glass the issue involved forcing three senior members of plaintiffs' management team, pursuant to CCP Section 2025(e)(3) to be deposed in California. Glass held that CCP Section 1989, providing a witness is not obligated to attend a deposition in California unless they res...

Excerpt: ...that performed inspections of real property. On October 17, 2016, he sent a written contract to Dania Duke and Mary Madigan (“Plaintiffs”) for review and signature regarding a proposed inspection of a single‐family home to be purchased by Plaintiffs located at 1695 Ridgemore Drive, Palm Springs, CA 92264. Plaintiffs signed the contract. The contract called for the inspection to be performed pursuant to CREIA Standards of Practice. On Octobe...

Excerpt: ...hristopher Hoffman move the court to allow them to file a FACC to remove alter ego allegations regarding Cross‐Defendant Daniel Riccio in order to avoid the pending MSJ. The opposition filed states that the Hoffmans seek to allege a new theory of lability as to Riccio for fraudulent concealment. “[T]he elements of a cause of action for fraud based on concealment are: ‘”(1) the defendant must have concealed or suppressed a material fact, (...