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: ...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 ...