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...