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...