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: ...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...