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...