Excerpt: ...d by a buyer of a real property for the sellers' alleged misrepresentations, seeking cancellation of the purchase agreement and damages. In the First Amended Complaint (“FAC”), which is the operative pleading, Plaintiff Buyer asserts four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda t...

Excerpt: ...perates a wine bar in the City of 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 Health O...

Excerpt: ...ria Penley for: 1) elder financial abuse, 2) breach of fiduciary duty, and 3) attorney malpractice. Defendant Attorney Victoria Penley demurred to the first two causes of action. The court previously sustained that demurrer as to the 1st cause of action for elder financial abuse, with leave to amend. Plaintiff filed his First Amended Complaint on 10/8/20. Defendant once again demurs to the 1st cause of action for elder financial abuse on the grou...

Excerpt: ...ff's favor. Injunctions are equitable in nature and the general purpose of prejudgment injunctive relief is to preserve the status quo pending a determination on the merits. The grant or denial of a temporary restraining order or preliminary injunction “does not amount to an adjudication of the ultimate rights in a controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial...

Excerpt: ...y may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction.” (Food & Ag. Code §31622(a).) “If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court.” (Food & Ag. Code §31622(a).) The administrative order was entered April 30, 2020. Therefore, pursuan...

Excerpt: ...le because its adoption violated the CC&Rs, including but not limited to Paragraphs 3.15, 9.05(a)(4)(E) and/or 15.02 of those CC& Rs; 2. An injunction prohibiting Defendants and their agents, employees and/or anyone acting on their behalf, from enforcing Rule 6 and from enforcing any similar restriction and/or limitation on short‐term leasing and/or renting within the Development that has not been duly adopted as an amendment to the CC&Rs pursu...

Excerpt: ...le because its adoption violated the CC&Rs, including but not limited to Paragraphs 3.15, 9.05(a)(4)(E) and/or 15.02 of those CC& Rs; 2. An injunction prohibiting Defendants and their agents, employees and/or anyone acting on their behalf, from enforcing Rule 6 and from enforcing any similar restriction and/or limitation on short‐term leasing and/or renting within the Development that has not been duly adopted as an amendment to the CC&Rs pursu...

Excerpt: ...in Violation of Public Policy (Cal. Gov. Code § 12940, Et Seq.); 5. Failure to Prevent Harassment And Retaliation (Cal. Gov. Code 12940, Et Seq.); 6. Disparate Treatment (Cal.Gov. Code §12940, Et Seq.); 7. Intentional Infliction of Emotional Distress; 8. Negligent Infliction Of Emotional Distress; 9. Sexual Battery; 10. Sexual Assault; 11. Negligent Hiring, Supervision, Or Retention of Employee; 12. Failure to Provide Personnel File (Cal. Gov. ...

Excerpt: ...against both Armcon and Fernandez, again for breach of a settlement agreement. Polanco then moved for and the court entered an order allowing Polanco to file a Second Amended Complaint. The SAC was again brought against Armcon and Fernandez. However, the cause of action asserted in the SAC changed to specific performance of a contract to convey real property. The parties then stipulated to Polanco filing the instant Third Amended Complaint agains...

Excerpt: ...ty and Defendants discriminated against her by requiring her to wear a headset. In addition, Plaintiff alleges that during her employment, she complained about unethical billing practices regarding deep cleanings as well as the office manager's flagging of patient files of HIV positive patients. On 10/25/18, Plaintiff reported a cumulative trauma neck injury to Defendant caused by repetitive motion at work. Plaintiff went on leave but was release...

Excerpt: ... However, as to request nos. 43 and 44, ECL has not overcome the tax return privilege. As ECL states, “[t]he tax return privilege is not absolute. (Schnabel v. Superior Court (1993) 5 Cal. 4th 704, 721.) The privilege is waived, or inapplicable, where the "gravamen of [the] lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has in fact been waived." (Id., citing Wil...

Excerpt: ...ominal Defendant Southern California Organic Treatment (SCOT), a marijuana retailer doing business as Green Pearl Organics, brought this derivative action against, among others, the three directors of SCOT, David Gash, Matthew Yamashita, and James Hammermeister. Essentially, the Complaint alleges that the Director Defendants engaged in mismanagement and self‐dealing and used corporate financial and personnel assets for their own and their busin...

Excerpt: ...s a food server at their Palm Desert restaurant. During the course of her employment, Avilez alleges she was subjected to unwanted sexual harassment and sexual assault by her supervisor, Defendant Greg Wilson. Avilez further alleges she was retaliated against when she complained about the unlawful behavior. Ultimately, Avilez alleges she was forced to leave her position. Defendants bring the instant motion seeking to compel arbitration pursuant t...

Excerpt: ...ion on the grounds that the Complaint in its entirety is uncertain, vague, and ambiguous as to Defendant Healthy Living and fails to allege facts with sufficient particularity to support each cause of action against it. As to the 1st cause of action, Healthy Living asserts that the elder abuse claim is uncertain as to Healthy Living and fails to state facts sufficient to constitute a cause of action for elder abuse as to Healthy Living. As to the...

Excerpt: ...ation regarding his direct supervisor, Sergeant Epps. After his removal, he filed a demand for an administrative appeal to challenge his removal. A full evidentiary administrative appeal was heard before Hearing Officer Anthony Miller (administrative law judge or “ALJ”) The ALJ upheld Petitioner's transfer and found that Petitioner failed to provide any evidence to support his assertion that his transfer was retaliatory. Petitioner argues in ...

Excerpt: ...notice in time to defend. Lopez seeks relief under CCP section 473(b) based upon mistake. Page 3 of 4 The Camaras: Relief under section 473(b) was not timely sought. Defendant may seek discretionary relief from default under CCP § 473(b) on grounds of “mistake, inadvertence, surprise or excusable neglect.” The application for discretionary relief under CCP § 473(b) must be made “within a reasonable time … ” and “in no case exceeding...

Excerpt: ...issed by Plaintiffs leaving only the 1st cause of action for negligence still asserted against Proper Solutions. Proper Solutions is alleged to be liable under the basis that Brown was acting in the course and scope of his employment with Proper Solutions when the accident occurred. Proper Solutions moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employ...

Excerpt: ...issed by Plaintiffs leaving only the 1st cause of action for negligence still asserted against Proper Solutions. Proper Solutions is alleged to be liable under the basis that Brown was acting in the course and scope of his employment with Proper Solutions when the accident occurred. Proper Solutions moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employ...

Excerpt: ... he took a heated mud bath at Defendants' spa. The motion is based upon the grounds that Plaintiff signed a release that covers his claims. As a preliminary matter it should be noted that Plaintiff does not dispute that the subject release extends to Defendants' actions because those actions were reasonably related to the operation of its spa. (See Paralift, Inc. v. Sup.Ct. (Levin) (1993) 23 Cal.App.4th 748, 756‐757.) However, Plaintiff claims ...

Excerpt: ...ing on the prayer to the 1st cause of action for Breach of Contract‐Page 18 (Line 5): "For a declaration that the Lease is terminated;” and Page 18 (Line 6): "For Tenant to return possession of the Property to Landlord" and from the prayer to the 6th cause of action for Waste‐Page 18 (Line 26): "For punitive damages (Cal. Civ. Code § 3294)." The breach of contract claim properly requests termination and return of possession. Defendants arg...

Excerpt: ...ndant Cara Goldberg's demurrer to the 4th cause of action is overruled and the demurrer to the 6th cause of action sustained with 30 days leave to amend. This FAC for (1) Dissolution, (2) Accounting, (3) Breach of Fiduciary Duty and Constructive Fraud, (4) Conversion, (5) Unfair Business Practices and (6) Conspiracy arises out of the operation and later 2019 distress sale of Plaintiff A#1 Services Heating and Air Conditioning, Inc.'s assets and g...

Excerpt: ...and treatment of a decubitus by Plaintiff Maria Almanza, a comatose quadriplegic patient, while in the care of Defendants Desert Regional Medical Center, Inc. and Indio Nursing and Rehabilitation Center, Inc. after an automobile accident that rendered Almanza quadriplegic. Plaintiff refers to Defendant Desert Regional Medical Center, Inc. (DRMC), Defendant Desert Regional Medical Center Staff, Inc. (Medical Staff), and Defendant Tenet Healthcare ...

Excerpt: ...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 loaned $3,055,000 to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conveyed the properties to Zenith for fake private hard money loans. According to Plaintiffs, the...

Excerpt: ...e Sunniva Cultivation Campus on Ramon Road in Cathedral City, and turned left onto the westbound Ramon Road where she was struck by a speeding vehicle driven/owned by Defendants Ruby Rodriguez and Oscar Avalos. Construction was ongoing on the premises and there were no warnings, barriers, signs or markings for drivers traveling eastbound onto the road. Defendants Prestige International Security, Orr Buildings, Barker Pacific Group, Inc., Sunniva ...

Excerpt: ...is apartment as a result of the step not being properly secured. Plaintiff alleges that the stairs provide the only access to his unit and that after he fell, he notified Defendant, but Defendant did not fix the stairway; Plaintiff fell again later when another step came loose and flipped up and that he notified Defendant again but that Defendant has still not fixed the stairs. Plaintiff's 2nd cause of action is based upon Cal. Code of Regulation...

Excerpt: .... Negligent Infliction of Emotional Distress; 7. Breach of Contract; and 8. Breach of Covenant of Quiet Enjoyment. Defendant previously demurred to the 2nd cause of action, which this court sustained with leave to amend. The court also previously granted Defendant's motion to strike punitive damages allegations and prayer for relief with leave to amend. Thereafter, Plaintiff filed a FAC. Defendant once again moves to strike portions of the FAC re...

Excerpt: ...ember 30, 2016. Thereafter, Heller defaulted and did not make additional payments on the balance owing. A balance of $6,675.15 remained on the account when it was charged‐off on February 28, 2017. Bank of America filed the instant suit in August 2019 to recover the balance due on the account. In September 2019, Heller filed a Cross‐Complaint asserting one Intentional Infliction of Emotional Distress cause of action. On December 26, 2019, the ...

Excerpt: ...reement and directing Defendant Beatrice Cervantes to execute the papers required by the City of Coachella to process the tentative parcel map so that the subject property partition can be completed. Plaintiff asserts that Defendant has withheld her signature on the Application for Planning Approval and insists that Plaintiff agree to modify the settlement agreement so that Defendant can avoid some very modest septic tank modification or relocati...

Excerpt: ...eady been fully litigated before the Labor Commissioner with the full participation of DRMC. Stated otherwise, the letter allegedly agreeing to arbitration does not constitute new or different facts or circumstances to explain why DRMC repeatedly engaged in actions inconsistent with its right to arbitrate and otherwise failed to take steps necessary to preserve its right to arbitration. On August 7, 2019, appellant Desert Regional Medical Center,...

Excerpt: ...urly rate of $650.00 requested for attorney Williams is unreasonable and does not represent the prevailing rate for attorneys within this geographical area and for the nature and extent of the work performed and reduces the rate to $450.00 per hour. The moving party is awarded reasonable attorney fees and costs against the responding party in the amount of $12,471.51 for violation of the Local Rule, for failing to appear at the December 06, 2019 ...

Excerpt: ..., 6th, 7th and 8th causes of action. Plaintiffs are Glenn Melvin and Francisca Saliwan, a married couple residing in Alberta, Canada. They bring 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”) c...

Excerpt: ...Soil Contamination, (9) Nuisance‐Siegal Windmills, (10) Nuisance‐Siegal Soil Contamination, (11) Negligence‐Gresen, (12) Negligence‐Siegal, (13) Negligence Per Se‐Gresen, (14) Negligence Per Se‐Siegal (15) Declaratory Relief‐ Gresen (16) Declaratory Relief‐Siegal and (7) Accounting‐Gresen arises out of the Defendant lessors alleged failure to surrender Plaintiffs, lessors', properties in appropriate condition at the end of the l...

Excerpt: ...) breach of the CC&Rs of Indian Canyon & 18th Property Owners Association, (6) real estate seller's nondisclosure, (7) intentional misrepresentation, (8) negligent misrepresentation, (9) reformation, (10) declaratory relief, and (11) injunction are based on and/or arise out of the Plaintiff Alpenglow Management Group LLC, Brightside Estate Holdings LLC, and En Primeur, LLC's purchase and ownership of two lots. Plaintiffs purchased two lots— Lot...

Excerpt: ...e defense to that cause of action. Court declines to consider evidence submitted in reply and objections submitted with the reply pursuant to CCP Section 437c(q) except objections to declarations plaintiff's experts are overruled. Plaintiff Tanner Altizer (“Plaintiff”) filed the complaint (the “Complaint”) in this action on April 5, 2019 against, defendants Robles Pipeline Laying, Inc. (“Robles Pipeline”), Roberto Robles, Coachella Va...

Excerpt: ...ar at Magnolia Auto Insurance Services for the specific purpose of adding both the Chrysler 300 and Plaintiff Rivera to Plaintiff Rojas' existing policy with Infinity Insurance. Although Defendants assert that there was no legal duty to place greater coverage than is expressly requested, Ms. Carranza met with Defendant Aguilar for the specific purpose of adding both the car and Plaintiff Rivera to the policy. The material facts are as follows: On...

Excerpt: ...e defense to that cause of action. Court declines to consider evidence submitted in reply and objections submitted with the reply pursuant to CCP Section 437c(q) except objections to declarations plaintiff's experts are overruled. Plaintiff Tanner Altizer (“Plaintiff”) filed the complaint (the “Complaint”) in this action on April 5, 2019 against, defendants Robles Pipeline Laying, Inc. (“Robles Pipeline”), Roberto Robles, Coachella Va...

Excerpt: ...ar at Magnolia Auto Insurance Services for the specific purpose of adding both the Chrysler 300 and Plaintiff Rivera to Plaintiff Rojas' existing policy with Infinity Insurance. Although Defendants assert that there was no legal duty to place greater coverage than is expressly requested, Ms. Carranza met with Defendant Aguilar for the specific purpose of adding both the car and Plaintiff Rivera to the policy. The material facts are as follows: On...

Excerpt: ...intiff's Complaint for premises liability and negligence against Marvin Investments, Old Town La Quinta, LLC and Prieto Enterprises (dba Nitroinfusions) is based upon allegations that “[t]he sidewalk near the front entrance of the Nitroinfusions ice cream store, located at 78010 Main Street, Suite 108, La Quinta, CA 92253, was in a dangerous condition because of placement of a black electrical cord positioned on the service of said sidewalk dur...

Excerpt: ...f eight Model WT‐100 wind turbines when they failed and were destroyed at the Wintec Palm Wind Park (Palm Park) in Palm Springs, California. Wintec Energy Limited is the owner of the real property where Palm Park operated. Palm Park Central, LLC (PPC) was the operator of Palm Park. Both Wintec and PPC were insured through Plaintiff Great American Insurance Company of New York for the Incident. Pursuant to its policy, Plaintiff paid $1,352,439.0...

Excerpt: ...of drugs and/or alcohol. Defendant was charged with a felony offense arising out of the accident. Now Defendant and his wife, Defendant Ana Hernandez, move the court to stay these proceedings pending completion of the criminal proceeding, or in the alternative to stay discovery as to both Defendants. In opposition, Plaintiff asserts Defendant Hernandez is attempting to unfairly prejudice Plaintiff in the preparation of his case by simultaneously ...

Excerpt: ...a section 425.16 motion automatically stays all further proceedings on the merits upon the causes of action affected by the motion. (Varian Med. Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 191‐ 192. The automatic stay covers only the claims sought to be stricken. It does not affect trial court proceedings on other joined claims. (Id. at 195, fn. 8.) Defendant is entitled to fees on the motion, including the appeal. There is no authority pro...

Excerpt: ...'s 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, after which she complained about the bedbugs and was moved to a different room. Plaintiff was given leave to amend to file this 4th Amended Complaint and alleges the 2nd – 4th causes of action are based upon newly discovered evidence that forms the basis for new factual allegations set...

Excerpt: ... confer process. The parties stipulated to extend the deadline for Plaintiff's motion to compel several times, with the last agreed‐upon deadline being July 31, 2020. Plaintiff now moves to compel further responses to RFPs 30‐33. Plaintiff argues that the requests seek documents that relate to consumers' complaints and Defendant's repurchase of vehicles that are of the same year, make and model as the Vehicle in this case. Plaintiff requests ...

Excerpt: ...19 CitiMortgage filed a Cross‐Complaint against PNMAC Mortgage Co., LLC for a single cause of action for cancellation of instrument. On 11/8/19, CitiMortgage and PNMAC filed a joint stipulation to extend PNMAC's time to respond to the Cross‐Complaint until 2/12/20. Along with the Stipulation the parties submitted a proposed order for the court's signature. Judge Klatchko signed the order on 11/25/19, but modified the date to 1/13/20 for PNMAC...

Excerpt: ...on of Matineau much of which lacks personal knowledge and proper foundation. Court declines to consider new evidence submitted in reply. This Complaint for 1) Strict Products Liability; 2) Negligence; 3) Breach of Express/Implied Warranty; 4) Violation of Business and Professions Code section 17200; 5) Breach of Contract; or 6) Unjust Enrichment arises out of the loss of eight Model WT‐100 wind turbines when they caught fire at the Wintec Palm ...

Excerpt: ...6) Violation of Labor Code 1102.5, (7) IIED and (8) Fraud arises out of Plaintiff's employment with, as a limo and shuttle driver, and termination by Defendant Marriott Resorts Hospitality Corporation (MRHC). The gravamen of Plaintiff's complaint is that he was passed over for a promotion because of his age and harassed, retaliated against and ultimately terminated for complaining about the alleged discrimination and wage theft by another employe...

Excerpt: ... was still out on maternity leave, Defendants' "Restructuring Team" gave Plaintiff a letter which provided that if Plaintiff wished to continue her employment with Defendants, Plaintiff was required to accept a demotion back to her former title of "Medical Assistant," as well as a pay cut from twenty dollars ($20.00) per hour to sixteen dollars ($16.00) per hour. About a month later, in March 2019, Defendants pressured Plaintiff to return from he...

Excerpt: ...ough Horton substituted into said action, neither Mr. Horton nor the Horton firm ever entered into a retainer agreement with Vincent related thereto. Further, Vincent is informed and believes and thereon alleges the following: (a) Mr. Horton disclosed privileged information from Vincent to Scott Keenan, the defendant he was supposed to be pursuing in said action. This privileged information was obtained from Vincent in confidence, but Mr. Horton,...

Excerpt: ...t, 4) negligent misrepresentation, and 5) declaratory relief. Only the 2nd, 3rd and 5th causes of action are asserted against Defendant Infinity Insurance Company. Defendant Infinity asserts that it is entitled to summary judgment because it properly denied coverage for the July 24, 2017 accident based upon the driver endorsement of Gustavo Rivera. Infinity further asserts that Plaintiffs have no legal or factual basis to proceed against Infinity...

Excerpt: ... period is tolled during the time “[t]he plaintiff is under a legal or physical disability that restricts the plaintiff's ability to commence legal action.” The Complaint provides that at all times during which Defendant Penley provided Decedent Erika Montage with legal services she was under a physical disability that restricted her ability to commence a legal action. Further, the Complaint alleges that she was under both a physical and lega...

Excerpt: ...Street, Suite 108, La Quinta, CA 92253, was in a dangerous condition because of placement of a black electrical cord positioned on the service of said sidewalk during the evening hours on 10/18/18, plaintiff was walking on said sidewalk and was caused to trip and fall . . . as a result of her foot contacting the black electrical cord . . .” (UF 2.) Plaintiff further alleges that Defendants Marvin Investments, Old Town La Quinta, LLC and Prieto ...

Excerpt: ...ionable conduct. The moving party to submit supplemental declaration providing authenticated revised time records (itemized per task completed) for attorney's fees and costs incurred for the following: (1) Meet and confer efforts on November 29th and 30th of 2019 and preparing related declaration re meet and confer for the Issues Conference pursuant to Local Rule, title 3, rule 3401(3). (2) Preparation of pre‐trial documents pursuant to Local R...

Excerpt: ...ed a Cross‐Complaint against PNMAC for Cancellation of Instrument. Defendant PNMAC Mortgage Co., LLC demurred to the single cause of action in Cross‐Complainant CitiMortgage, Inc.'s Cross‐Complaint on the grounds that the action failed to state facts sufficient to state a cause of action against PNMAC. On 6/16/20, the court sustained the demurrer and granted CitiMortgage 30 days leave to amend the CC. CitiMortgage filed a FACC against Cross...

Excerpt: ...ach of express warranty; (2) violation of Song Beverly – breach of implied warranty; (3) violation of Civil Code §1793.2; and (4) fraudulent inducement – concealment. Defendant demurs to the 4th cause of action on the grounds that it fails to state facts sufficient and is uncertain. It argues that the economic loss rule applies and contends that the limited exception for fraud only applies as an affirmative misrepresentation or an independen...

Excerpt: ... The settlement agreement provides that Plaintiffs would dismiss the action and Defendants would issue a promissory note in favor of Plaintiffs for $2.56 million at 10% interest, and a second deed of trust. Defendants warranted that the senior deed of trust (held by R2H, LLC) was current and no default. On 3/5/18, R2H sent Defendant GMS a notice of default regarding the senior deeds of trust. On 4/24/18, R2H recorded two notices of default for a ...

Excerpt: ...d architectural oversight and management for the development and construction of four separate mixed‐use commercial development projects, each of which was to consist of an ARCO AMPM gas station and convenience store, express tunnel car wash and multiple retail, restaurant and hospitality facilities in Southern California and that Defendants represented that they had the experience to provide these services when in fact they did not and that as...

Excerpt: ...(identified in the Complaint as Brenda V.), Plaintiff alleges the following: BRENDA V. conspired with DOES 1 and 2 to help them steal plaintiff's property and escape from StorAmerica's secured premises without being apprehended by authorities, in part by: (a) not alerting law enforcement or StorAmerica's security personnel and/or management to the fact that an alarm had sounded when DOES 1 and 2 broke into plaintiff's storage unit; (b) manually o...

Excerpt: ...o. (2004) 119 Cal.App.4th 855, 862.) An insurer is required to show the policy language supporting its position is so clear that parole evidence would be inadmissible to refute it. (Ibid.) Here, the parties do not disagree on the language of the policy. Instead, they disagree about its interpretation and application. The interpretation of an insurance policy is usually a question of law. (Waller v. Truck Ins. Exchange Inc. (1995) 11 Cal.4th 1, 18...

Excerpt: ...f the FEHA; and( 6) Wrongful Termination in Violation of Public Policy 4 against his former employer, Defendant Professional Community Management of California, Inc. (PCM). In response, PCM filed this motion to dismiss or stay based upon the grounds that Plaintiff executed two Nondisclosure Agreements that contain a clear forum selection clause requiring Page 4 of 5 any lawsuit brought against PCM, arising from plaintiff's purported employment wi...

Excerpt: ... “CHRISTOPHER DAKOVICH ‐ AGENT FOR SERVICE” at “POSTAL CENTER‐ PLACE OF MAILING 12403 Central Ave #706 Chino, CA 91710‐ 2604.” (POSs filed 12/12/2019.) Dakovich's service address, however, is 14071 PEYTON DRIVE, UNIT 369, CHINO HILLS, CA 91709. (See Bradford Decl., Exh. D.) The Chino Postal Center address is the address listed for Methot in his corporate filings. Methot states that he received no notice from the Postal Center of eit...

Excerpt: ...ourse materials prior to the start of classes; and/or off‐duty rest breaks and/or meal breaks; and itemized wage statements containing entries for the hours worked and hourly rates in effect. The parties have reached a settlement in the amount of $700,000, which amount includes $20,000 in PAGA penalties, attorneys' fees in the amount of $233,333.33 and a maximum of $30,000 in settlement administration costs, although the settlement administrato...

Excerpt: ...ll off a ladder and suffered severe injuries. When he returned to work four days later, with medical restrictions limiting Plaintiff to modified light duty. Defendants refused to place Plaintiff back to work and eventually replaced him. On 7/17/19, Plaintiff filed his complaint for: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in interactive process; (4) retaliation; (5) wrongful termination in violation of pub...

Excerpt: ...t Brown was not acting in the course and scope of his employment with Forest Lawn when the accident occurred. Forest Lawn moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employment with Forest Lawn when the accident occurred. There is a triable issue of fact whether Brown was acting in the course and scope of his employment with Forest lawn when the acc...

Excerpt: ...sis that Brown was not acting in the course and scope of his employment with Forest Lawn when the accident occurred. Forest Lawn moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employment with Forest Lawn when the accident occurred. There is a triable issue of fact whether Brown was acting in the course and scope of his employment with Forest lawn when ...

Excerpt: ...f Song‐Beverly Act – breach of implied warranty, 3) violation of Song‐Beverly Act section 1793.2, and 4) fraudulent inducement – concealment. The FAC alleges as follows: • On July 2, 2016, Plaintiffs purchased a new 2016 Nissan Sentra with a period lasting 36 months or 36,000 miles, whichever comes first, and powertrain coverage lasting 60 months or 60,000 miles, whichever comes first. • The vehicle was delivered to Plaintiffs with se...

Excerpt: ...that the pool equipment was not maintained and the backwash procedure was performed improperly. More specifically, as to the cause of action for strict liability Plaintiffs allege the following: Defendants, and each of them, also knew or should have known that backwashing procedures, as performed on July 17, 2017, with the use of chlorine gas, cannot be made reasonably safe while bathers are using the pool; i.e. Defendants knew that the pool shou...

Excerpt: ... despite knowing that he suffered from severe bipolar disorder, had threatened to kill people and was likely to commit an act of violence. An order for financial discovery under Section 3295(c) requires the court to (1) weigh the evidence presented by both sides “and (2) make a finding that it is very likely the plaintiff will prevail on his claim for punitive damages.” (Jabro v. Sup.Ct. (Hill) (2002) 95 Cal.App.4th 754, 758.) Defendants offe...

Excerpt: ...� 11207 and (9) conversion arises out the cyber theft of Plaintiff buyer's Kenneth Townsend's purchase money that he had placed into escrow with Defendant First American Title. The gravamen of the action is that a computer hacker accessed Plaintiff's unprotected personal information from First American and used that information to cause Plaintiff to transfer the purchase funds from his bank account at Defendant BofA to an account at Defendant Sun...

Excerpt: ...5) breach of the CC&Rs of Indian Canyon & 18th Property Owners Association, (6) real estate seller's nondisclosure, (7) intentional Page 4 of 6 misrepresentation, (8) negligent misrepresentation, (9) reformation, (10) declaratory relief, and (11) injunction are based on and/or arise out of the Plaintiff Alpenglow Management Group LLC, Brightside Estate Holdings LLC, and En Primeur, LLC's purchase and ownership of two lots. Plaintiffs purchased tw...

Excerpt: ...iolation of Commercial Code 11202, § 11204, § 11205, § 11207, and (9) conversion arises out the cyber theft of Plaintiff buyer's Kenneth Townsend's purchase money that he had placed into escrow with Defendant First American Title. The gravamen of the action is that a computer hacker accessed Plaintiff's unprotected personal information from First American and used that information to cause Plaintiff to transfer the purchase funds from First Am...

Excerpt: ... did not include signed consent forms from the consumers whose records were sought as required by CCP §1985.3(f). Desert Jet is the consumer and Plaintiff did not attempt to obtain Desert Jet's consent. Plaintiff also did not obtain the Wilson's consent despite seeking telephone records of phone numbers they use. Moreover, the subpoena is overbroad. Plaintiff's opposition misstates the scope of the subpoena, as the subpoena actually requests rec...

Excerpt: ...n's Market & Grill, Inc. (“Defendant”) as a cook for over 13 years. On September 7, 2018, Defendant issued him a wage statement without a check or a direct deposit to pay Plaintiff's wages. He complained Page 6 of 10 about his unpaid wages and was provided a personal check for $232.25. After complaining, he was prevented from working and was not scheduled to work until a month later. He filed a complaint asserting individual claims and one Pr...

Excerpt: ...discrepancy between the account name and the account number. The court is mindful that Plaintiff in paragraph 69 states that SunTrust “knew or should have known that account that received the money was not owned by First American……..” If Plaintiff can make such representations the court will grant leave to amend. This compliant for (1, 2, 3) negligence, (4) professional negligence, (5) breach of fiduciary duty, (6) breach of contract, (7)...

Excerpt: ...o 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 safety of others. CC § 3294(c)(1). While the underlying claims may be generally alleged, specific factual allegations are required to support a punitives claim. (Smith v. Sup.Ct. (Bucher)) (1992) 10 Cal.App.4th 1033, 1041–1042; (Anschutz Entertainment Group, Inc. v. Snepp) (2009) 171 Cal.App.4th 598...

Excerpt: ...ement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “This statutory provision giving the courts the power to permit amendments in the furtherance of justice has received very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) “That the trial courts are to liberally permit such amen...

Excerpt: ...s as set forth in the operative Complaint. RESPONSE: Objection. This request calls for information protected by the attorney‐client privilege and the attorney work product doctrine. NO. 11: All DOCUMENTS RELATING to inquiries or investigations conducted by DEFENDANT and/or its non‐attorney agents as a result of PLAINTIFF's allegations as set forth in the operative Complaint. RESPONSE: Objection. This request calls for information protected by...

Excerpt: ...“Shottenkirk‐California, LLC and Shottenkirk‐California, LLC dba Shottenkirk Desert Lexus.” In a motion which was set to be heard on March 19, 2020, Plaintiff sought further responses to his Form Interrogatories‐Employment, Nos. 200.1, 200.4, 201.1, 201.2, 201.4, 201.6, 207.1, 211.1, 214.1, and 215.1, which were propounded separately on each Defendant individually, and responded to by Defendants jointly in one response. In addition, in ...

Excerpt: .... He sought relief from the Labor Commissioner regarding alleged violations and obtained an award in his favor. Medical Center now appeals said decision. It contends that the Labor Commissioner lacked jurisdiction because Fernandez never complied with the grievance procedure found in Fernandez' union's collective bargaining agreement (“CBA”). Medical Center has filed this petition for arbitration. It contends that under the CBA, Fernandez is ...

Excerpt: ...s were negligent as follows: On March 18, 2018, decedent THOMAS JASKULSKI was performing an annual certification swim test at Palm Desert Aquatic Center, 73751 Magnesia Falls Drive, Palm Desert, CA, pursuant to the requirements of the National Park Service ("NPS"), as set forth in the Diving Safety and Operations Manual ("Manual"). See Manual, § 3. 4. 3 ii. Defendants, and each of them, did not obtain the required Palm Desert Aquatic Center ("PD...

Excerpt: ...rts two cause of action for negligence. Plaintiff brings this motion seeking to have matters deemed admitted because Defendant failed to provide responses to his request for admission. He seeks sanctions in the amount of $2,160.00. Defendant contends that verified responses have now been provided. He asserts that timely responses were not provided due to a calendaring error at his attorney's office. Due to this, he contends that this motion is mo...

Excerpt: ...er manager for the Rancho Mirage health center, supervising approximately 26 employees. Beginning in January 2018, Plaintiff alleges she was subjected to ageist comments in the workplace and she was placed on a performance improvement plan (“PIP”) even though she had only ever received excellent prior work reviews. On January 12, 2018, a note was left at Plaintiff's home that said “Quit or Die Bitch.” (FAC ¶12.) On January 9, 2019, Plain...

Excerpt: ...repaid at 3% interest, except for $1,000 which would be used to acquire a 40% membership interest. Thus, Gabrio owned 40% while the Trust owned 60%, and the Pierattonis managed PizzaVino. On 6/30/13, the parties executed an amended operating agreement and a separate letter agreement. Gabrio assigned his membership to Plaintiff Stafano Casati on 1/1/14; on 1/1/18, Stefano assigned his interest to Plaintiff Carla Nutini. PizzaVino has breached paym...

Excerpt: ...ough shifts, stuck gears and causes the transmission to drop into neutral, stalling and other safety concerns. Defendant demurs to the 3rd cause of action on the grounds that it fails to state facts sufficient and is uncertain. It argues that there is no duty to disclose as there is no fiduciary relationship. It states that there is no basis for damages as a result of the concealment. It contends that it is not pled with the heightened standards....

Excerpt: ...f bed bug bites allegedly suffered by Plaintiff after she purchased a sectional couch from Defendant Bob's Discount Furniture, LLC. 2 nd c/a‐ The legal basis for the cause of action is unclear. As Defendant correctly states: “Plaintiff' s Second Cause of Action for "Negligence and Failure to Warn" is a hodgepodge of partially made claims for no less than five different theories of liability. Specifically, the Second Cause of Action contains l...

Excerpt: ... of this petition seek to compel Plaintiff to binding arbitration pursuant to Code of Civil Procedure §§1281.2, et seq. and California Rules of Court, Rule 3.1330, on the grounds that the parties entered into valid and enforceable arbitration agreements on or about April 5, 2020 and June 18, 2020. Defendants assert that the subject matter of the first representation agreement was that Defendants would perform certain legal services for Roland A...

Excerpt: ...z, Benedicto Gutierrez, Fernando Benjamin Soriano, Roberto Pedroza, Jose De Jesus Ayala, and Rafael Sandoval Perez, who worked as part of garden maintenance crews, allege that Defendant's common practice, policies, and lack of policies, resulted in systematic denial of rest breaks and wages in violation of the California Labor Code. One such alleged practice involves supervisors' simply reporting just eight hours of work per putative class member...

Excerpt: ...of Riverside, State of California 92211 ("Property"), and has a claim to all timeshare interests. The Complaint names all of the individuals and entities that may claim an interest in a timeshare at Sun Dunes Villas. Sun Dunes Villas is an interval or timeshare ownership project consisting of 24 units and 1,224 timeshare interests (51 weeks times 24 units). The Association was established to act on behalf of the individual owners of timeshare int...

Excerpt: ... with left hip pain. O'BRIEN also had cramps in the abdomen, dizziness and black stool, all of which are signs and symptoms of potential gastrointestinal issues. Although, O'BRIEN presented with all the above symptoms, DOHC failed to perform the proper tests to diagnose O'BRIEN even though O'BRIEN showed signs of extreme pain and suffering. Later on May 17, 2018, O'BRIEN was admitted to MANOR CARE. O'BRIEN was admitted to MANOR CARE with symptoms...

Excerpt: ...ligence, (2) medical negligence, (3) fraud and (4, 5) dependent adult abuse arises out of the development of decubitus by Plaintiff Maria Alamanza, a comatose quadriplegic patient, while in the care of Defendants Desert Regional Medical Center, Inc. and Indio Nursing and Rehabilitation Center, Inc. Plaintiff alleges that immediately after the automobile accident that rendered Almanza quadriplegic she was transported to DRMC. Plaintiff refers to D...

Excerpt: ...safeguarded the premises and/or sidewalk at or near 155 S Palm Canyon Dr., Palm Springs, CA 92262, such that unmarked, exposed, protruding and nonoperational pipes, sprinklers and/or light fixtures were allowed to exist and be left in disrepair. Defendants failed to barricade the area and/or to warn of the dangerous condition, rending the area of said premises dangerous and resulting in serious bodily injury to the Plaintiff in the following mann...

Excerpt: ...ary 2018. This motion was filed more than one year later. Waiver is a question of fact which must be judged on all the facts and circumstances of the case. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 982‐84.) The law favors arbitration, and waiver will not be “lightly inferred.” The party claiming the other waived the right to arbitrate “bears a heavy burden of proof.” (Saint Agnes Med. Ctr. v. PacifiCare of Calif....

Excerpt: ...nsurance Company is the workers compensation carrier for KDI Elements. KDI Elements was a subcontractor for Lusardi Construction Company (“Lusardi”) on a project at Big Horn Golf Club. While working on this project, Jose Navarro, an employee of KDI Elements, injured himself after he tripped and fell over cardboard left on the job site. Plaintiff was required to pay Navarro for his injuries. Plaintiff has brought this lawsuit against Lusardi, ...

Excerpt: .... CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Plaintiff Daniel Gonzalez (“Plaintiff”) filed the complaint in this wage and hour class action on March 17, 2020 and the operative first amended complaint (“FAC”) on June 1, 2020 against defendant CR&R Inc. (“Defendant”). Plaintiff alleges that he worked as a driver for Defendant for approximately fourteen years until his termination on December 2019. (FAC, ¶ 13.) The FAC s...

Excerpt: ...und Ramon Road onto the westbound Ramon Road where she was struck by a car that was street racing while heading West on Ramon Road. Plaintiff alleges the following: Ramon Road at and around where the INCIDENT occurred (referred to herein as "ROADWAY") is an east/westbound road, with three lanes of traffic in each direction and a cement center median with a curb and vegetation. The PREMISES is located on the south side of the ROADWAY, approximatel...

Excerpt: ...erated by Defendant Avneesh Gill. Plaintiff and Defendants Gill and Hertz have entered into a settlement agreement in the sum of $15,000. Defendants Gill and Hertz seek this court's determination of good faith settlement on the grounds that $15,000 represents the full amount of the policy limits available for the accident. In support of their motion Defendants Gill and Hertz submitted the declaration of Attorney Shirley Bridwell and Defendant Avn...

Excerpt: ... 6 This FAC for: (1) Fraud, (2) Breach of Contract (Oral Consulting), (3) Breach of Contract (Written Confidentiality and Non‐Circumvention), (4) Conversion, (5) Violation of Penal Code § 496, (6) Breach of Fiduciary Duty and (7) Rescission is based upon allegations that Plaintiff Accucash Holdings, LLC entered into three Contracts with Defendant Peter Wagner related to opening what appears to be a cannabis product manufacturing business. The ...

Excerpt: ...nitive damages are not sought nor recoverable on the contract cause of action as conceded by Plaintiff. Plaintiffs Rolloco Holdings, Inc., Cathy Rollo and Tony Rollo allege that they previously filed a suit in the U.S. District Court against Defendants that resulted in a settlement agreement on 3/19/18. The settlement agreement provides that Plaintiffs would dismiss the action and Defendants would issue a promissory note in favor of Plaintiffs fo...

Excerpt: ...Additionally, the actions of the Moore do not demonstrate a lack of reasonable diligence. There is no showing that the claims in the Moore Action lack merit. The admissions of another defendant in the St. James Action cannot be used against them to demonstrate they have no claims because the responses and admissions were not by them. (Code Civ. Proc., § 2033.410(a) [admissions binding on “the party making the admission in the pending action.�...

Excerpt: ...5 million, $9 million in cash and the subject promissory note in the amount $2.5 million. In April 2017 after ECT initiated arbitration proceedings against ECL, Frank Halcovich, and Wendy Hertz, the matter was stayed, pursuant to stipulation, pending completion of arbitration. The arbitrator issued an award in 2018, and following motions to enter and to correct the award, the court entered the award on February 14, 2019. In February 2019, Banc of...

Excerpt: ... by Defendants Ruby Rodriguez and Oscar Avalos. Construction was ongoing on the premises and there were no warnings, barriers, signs or markings for drivers traveling eastbound onto the road. Defendants Prestige International Security, Orr Buildings, Barker Pacific Group, Inc., Sunniva Full Scale Distributors Corporation., The Altum group, J.H. Thompson & Sons, Inc., Tops N Barricades, Inc. and City of Cathedral are alleged to have owned, operate...