Excerpt: ...The motion is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. The TAC alleges that Plaintiff Edwin J. Dobremsyl was a patient at Defendant S‐H OPCO RANCHO MIRAGE, LLC dba BROOKDALE RANCHO MIRAGE's skilled nursing facility from March 17 to April 1, 2017, 16 days. (TAC ¶¶ 17‐30). The TAC alleges that Brookdale "neglected" Plaintiff because it "failed to ensure that DOBREMSYL wa...

Excerpt: ...a Brookdale Rancho Mirage. The motion is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. Plaintiffs allege the following as to AG Ranch Mirage: On April 1, 2017, DOBREMSYL was admitted to RANCHO with diagnoses of dehydration, and recent recurrent urinary tract infections. Upon admission, due to DOBREMSYL's dehydration and urinary tract infections, RANCHO staff should have initiated...

Excerpt: ...(“NOAs”) against each of the respondents, James Fernandez (PSC 1005534), Mary Rafferty (PSC 1905534) and Elizabeth Shepherd (PSC 1905551) (collectively, “Respondents”).1 In each of the NOAs, DRMC seeks a de novo appeal of all the findings, conclusions and awards set forth in the July 19, 2019 Order, Decision or Award of the Labor Commissioner, which awarded $66,492.41 to Fernandez, $57,589.92 to Rafferty and $64,794.62 to Shepherd for Lab...

Excerpt: ...the leases. The two properties were used as wind farms. Plaintiff Arthur Gresen owns one property (Gresen Property). (SAC ¶ 1.) The Gresen Property lease expired on June 30, 2015. (SAC, Exh. B, ¶¶ 1.9, 2.) Plaintiff Solomon Gresen owns a 1/3 fee simple interest with two others as tenants in common (Siegal Property). (SAC ¶ 2.) The Siegal Property lease expired on May 31, 2015. (SAC, Exh. B, ¶¶ 1.9, 2.) The Original Complaint was filed on Ju...

Excerpt: ...n is meritless on its face. Defendant seeks an “Order striking—under California Code of Civil Procedure (‘C.C.P.') section 425.16— Plaintiff' s Application and Order for Appearance for Examination (on Form EJ‐ 125), the order of which was served on Ross for a judgment debtor's exam set to occur in PS4 on March 20, 2020 (the ‘Examination Order').” Section 425.16 provides a procedure for striking “[a] cause of action against a perso...

Excerpt: ...CL violation, and 9) PAGA penalties. Only the 9th cause of action for PAGA penalties is brought in a representative capacity on behalf of current and former employees of Defendant RMC Construction. Plaintiff seeks court approval of his PAGA settlement. The terms of the settlement are as follows: Defendant to pay a total of $102,500 to settle both Plaintiff's individual claims and the PAGA claim. These sums to be distributed as follows: $ 6,000 Cl...

Excerpt: ...aws regarding fair and affordable housing. After negotiations the parties entered into a stipulated settlement, wherein Petitioners assert they achieved nearly all of the relief sought in their petition, including a judgment ordering the City to adopt a Fifth Cycle Housing Element regarding zoning and the General Plan to accommodate lower‐income housing and to engage in robust public participation efforts when it adopts a four‐year revision t...

Excerpt: ...d 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 employee. Plaintiff began his employment MHRC on September 21, 2015. In 2017 he filed an action for age discrimination a...

Excerpt: ...f personal jurisdiction. Defendant seeks attorneys' fees pursuant to Nevada Revised Statute 18.010(2)(a). Assuming that Nevada law applies, this section is not a basis for awarding fees to Defendant. This section provides as follows: 1. The compensation of an attorney and counselor for his or her services is governed by agreement, express or implied, which is not restrained by law. 2. In addition to the cases where an allowance is authorized by s...

Excerpt: ...erior Court (1967) 65 Cal.2d 583, 588.) To effectively prepare for trial on the issue of damages the County has established good cause and is entitled to depose Plaintiff on issues of damages. There is no dispute that Plaintiff's former attorneys filed the request for dismissal. By seeking to amend to add those dismissed Defendants, Plaintiff has placed his former lawyers' decision to file the request for dismissal directly at issue. Only Plainti...

Excerpt: ...ject to a mortgage dated May 16, 2006 recorded as Instrument Number 2006‐0367032 in Riverside County. Plaintiffs assert based on information and believe that the mortgage has been paid in full and that Plaintiffs have demanded payoff information from the title holder of the mortgage in order to tender payment, but “that mortgage holder admits that it finds no loan due standing in the name of Plaintiffs.” This mortgage continues to be a clou...

Excerpt: ...mpted remediation but failed to remedy the issues. (Complaint ¶ 15‐16.) Although the Complaint asserts Defendant's conduct was fraudulent, there are no specific factual allegations that demonstrate fraud on the part of Defendant. However, there may be additional facts which can be alleged sufficient to support a claim for punitive damages. Claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged e...

Excerpt: ... opposition persuasive in connection with what should be considered as reasonable attorney fees regarding the facts and circumstances surrounding this petition. An example some of the unreasonable claimed fees include 129 claimed hours drafting the opening brief; 78 hours drafting a reply brief and 59.30 hours claimed for the motion for attorney fees is unreasonable. Petitioners Nadine Garcia, James Marmor and Helen O'Neill‐Pottery are low inco...

Excerpt: ... School District (District) assert claims for, among others, discrimination, harassment, retaliation, constructive termination and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees and the County of Riverside (County). Plaintiffs' allegations all concern actions taken after the hiring of former District superintendent Defendant Charles Bush in August 2016 (who recent...

Excerpt: ...ced the requested hourly rate of Attorney Mikhov to $250.00 per hour for review; Attorney Wirtz to $550.00 per hour as trial counsel; Attorney Underwood to $300.00 per hour and paralegal billing to $135.00 per hour. This is a Song‐Beverly lemon law case that resulted in a jury verdict in Plaintiff's favor on 10/9/19. Plaintiffs now move for $277,542.50 in attorney's fees plus a “lodestar” enhancement of 1.5 in the amount of $138,771.25 for ...

Excerpt: ...st supplemental briefing which should address the impact of HCD's approval authority on the parties' settlement agreement and this court's authority to order City to do something contrary to HCD's explicit directions and the impact of the pandemic on the strict enforcement of the settlement agreement. This is a writ of mandamus case filed on 12/3/18 where petitioners seek to require the City of Desert Hot Springs and the Desert Hot Springs Housin...

Excerpt: ...ertz Vehicles, LLC and was operated 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. No declarations were submitted in support of the motion. Defendants Valia and Charles Devitis op...

Excerpt: ...e damages claim. Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. C.C. §3294 provides that exemplary damages are allowable where the defendant is guilty of malice, oppression or fraud. After the 1987 amendments, “malice” was redefined and now “means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and cons...

Excerpt: ...ostro Medina, Mirna Rivas and Terry McQueen. Additionally, defendant moves for an order severing or staying this action as to the remaining 9 plaintiffs. Defendant's motion is made on the grounds that the long‐term rental agreements entered into by 28 plaintiffs (identified in the first two groups of residents set forth above) contain provisions Page 4 of 9 which require the parties to mediate and if unsuccessful to arbitrate all disputes relat...

Excerpt: ... two‐seat go kart driven by Rebeca Perez, a minor. The motion is based upon the grounds that FFP do not owe Geller a duty of care. There is triable issue of fact whether FFP increased the risks inherent in go karting. There is no duty to decrease or minimize the risks inherent in the activity. (Balthazor v. Little League Baseball (1998) 62 Cal.App.4th 47, 52.) Under California law, the primary assumption of risk doctrine clearly states that the...

Excerpt: ...s: 1) to compel CDCR to follow CCR Title 15, Sections 3006, and 3130 through 3147 when processing Petitioner's incoming mail, and 2) either handover the 5 confiscated photos or reimburse him the cost for the photos. CDCR's demurrer is based on two grounds: 1) petition fails to identify a ministerial duty that respondent has refused to perform, citing Keyes v. Bowen (2010 189 Cal.App.4th 647, 656‐657, and 2) that Petitioner has an adequate remed...

Excerpt: ...onal Law Corporation fraudulently induced Plaintiff to loan Defendants $200,000. The motion is based upon the grounds that San Diego County is the proper county for venue. Michael W. Quade is a resident of San Diego County. There is no dispute that this is a transitory action. For venue purposes, actions are classified as “local” or “transitory.” To determine whether an action is local or transitory, the court looks to the “main relief�...

Excerpt: ...rity on 2/7/20, which is discussed below. On 2/18/20, plaintiffs filed their sur‐ reply analyzing the authorities cited by Columbia at the hearing and in the three notices of new authority Columbia had filed after its opposition was filed. Generally, plaintiffs argue in their objection filed on 2/7/20, and in their sur‐reply filed on 2/20/20, that the authorities cited either are not new authority, the decisions are distinguishable on the fac...

Excerpt: ...ied Defendant's MSJ. There is no dispute that Plaintiff intended to send to the arbitrator and to the Defendant. However, Plaintiff mistakenly sent the email not to the Defendant but to a former client with the same first name as Defendant's counsel, Juan. That email is as follows: Mr. Newell, We all agreed at the MSJ hearing that defendants would go first. This agreement became muddled with Juan's emails to your query so I'm not sure where we st...

Excerpt: ...ter 13 case to a Chapter 7. (RJN, Exh. 3.) Subsequently, on January 22, 2019, an Assignment of Deed of Trust was recorded where Cardinal assigned the beneficial interest in the Deed of Trust to PennyMac Loan Services, LLC. (FAC, ¶ 25; Exh. G.) attached thereto. On February 25, 2019, PennyMac filed a Motion for Relief from Automatic Stay. (RJN, Exh. 4.). On March 28, 2019, the bankruptcy Court entered an Order granting PennyMac relief from stay t...

Excerpt: ...h 7th causes of action (note: Complaint has two 4 th causes of action, so the second is referred to as the 5th cause of action and the 5th and 6th restated here as the 6th and 7th causes of action to address this error) in Plaintiff Bikram Yoga Plus Palm Springs, LLC's Complaint on the grounds they fail to state sufficient facts to constitute a cause of action. The Complaint alleges in pertinent part as follows: • The original leasehold was hel...

Excerpt: ...antiated or allowable under CCP §1033.5(b); not reasonably necessary to the conduct of the litigation in violation of CCP §1033.5(c)(2); not reasonable in amount in violation of CCP §1033.5(c)(3), and not reasonably incurred in violation of Civ. Code §1794(d)(6). FACTS: Defendant moves to strike the following: 1) $90 filing fee; 2) $7,848.14 in deposition costs, or at a minimum $869.49; 3) $1,539.95 in service of process fees, or at a minimum...

Excerpt: ...t and Arbitration, (Second Agreement. Defendant seeks to compel arbitration pursuant to both agreements. “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequi...

Excerpt: ...'s fees. Request 3: 1st, 2nd, 3rd and 7th causes of action. Request 4: Request for injunctive relief. C.C.P. §436(a) provides that a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255. The same liberal policy r...

Excerpt: ...age. The demurrer is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. The court sustained the demurrer to the elder abuse cause of action in the original Complaint and FAC because Plaintiff had not pleaded elder abuse with the required specificity. The only relevant allegations as to AG Rancho Mirage in the FAC were as follows: RANCHO neglected to provide medical care for DOBREMSYL'...

Excerpt: ... Agarwal and Royale Residential seeking: Any and all employee files for Kimberly Delgado … including hiring documents, termination documents, resignation documents, write‐ups, written warnings, accolades, notes regarding oral warnings, correspondence, performance reviews, time‐off requests, vacation requests, and any other documents related Page 2 of 4 to Kimberly Delgado's employment with your company from February, 2015 through and includ...

Excerpt: ...rust, LJ Acquisitions, LLC, M.A.N. Holdings, LLC, CV Land Company, LLC, GMS Developments, LLC, DDGC Holdings, LTD, Glen Brayshaw, Michael Nyhuis, and Sean Runnels (“Defendants”) demur to the 1st – 12th causes of action in Plaintiffs Glenn Melvin and Francisca Saliwan's Complaint on the grounds they fail to state facts sufficient to constitute a cause of action and/are uncertain or barred by the applicable statute of limitations. In addition...

Excerpt: ...nsons. The gravamen of the action is that Defendants misrepresented that the subject property had a place where the Johnson's could park their RV. Plaintiffs' claimed damages are approximately $35,000. Sandahl, Hilgenberg and Wilson have settled with the Johnson for $13,500, $4,500 each. Brill and Mata argue that application should be denied because the settlement amount is “too little” and the application for good faith settlement fails to c...

Excerpt: ...f alleges that Estelle's osteopath, Defendant Dr. Howard Levy, implemented Estelle's plan to deprive Plaintiff of an effective course of treatment by providing placebos that left Plaintiff untreated, disoriented, and confused. (FAC, ¶, 2:20‐22.) The demurrer is based upon the grounds that 9th cause of action for assault and 10th cause of action for battery are uncertain and fail to state a cause of action. The FAC does not allege harmful or of...

Excerpt: ...ctual allegations 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, 643.) Moreover, Plaintiff has pleaded no facts which show authorization, ratification, advance knowledge, malice, etc. on the part of an officer, director or managing agent of the corporation as required to state a punitive damages claim against a co...

Excerpt: ...non‐party David Castillo regarding a debt owed by Castillo to CVCS and title to the subject real property. Accordingly, Armcon, Fernandez and Castillo entered into a Settlement Agreement and executed a stipulation for entry of judgment in INC 1702951. Pursuant to the Settlement Agreement, Castillo was to pay CVCS $40,000 with a first payment of $5,000 due on June 15, 2019, and thereafter monthly payments in the amount of $2,917. The Settlement ...

Excerpt: ... Plaintiff alleges that “[w]hile under the care and treatment of DEFENDANTS from May 17, 2018‐ May 20, 2018, O' BRIEN suffered multiple injuries including a GI bleed which led to extreme pain and suffering and an untimely death.” (FAC ¶ 17.) This the only specific factual allegation. The remaining allegations are general boilerplate. For example, the very next paragraph of the FAC states, “MANOR CARE neglected to provide medical care for...

Excerpt: ...ndant' s personal habit, known to her friends and associates, to drink during the day even though she knew that she would be driving that day. On the day in question, throughout her drinking the Defendant knew that she would be driving. Further, Defendant understood that drinking aggravates the risk of automobile accident and injury. Defendant was aware on the very day of her accident that her act of drinking and then driving increased the risk o...

Excerpt: ...and (4) breach of contract arises out of bed bug bites suffered by Plaintiff when she was a guest at Defendant's Embassy Suites hotel in Palm Desert. 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. The demurrer is based upon the grounds that each cause of action fails to state a cause of action and is uncertain. 2 nd cause of action�...

Excerpt: ...t in a truck and pummeled Plaintiff with rocks thrown from the truck's windows knocking Plaintiff unconscious on the ground with a serious head wound and other injuries. The court sustained the demurrer to the 9th cause of action for premises liability against Defendant Capri Palm Desert Association (Capri) with leave to amend because the FAC failed to allege facts that showed Capri owed Plaintiff a duty of care. The FAC alleged that “Defendant...

Excerpt: ... of Defendants only based upon representations by the notary who notarized the subject deed, Mercedes Gutierrez, a friend of Defendant Anna Ramirez, that the parents could not put the names of more than two grantees on the deed. The motion is based upon the grounds that Plaintiffs failed to properly serve, record and file the lis pendens and that Plaintiffs cannot show the probable validity of their real property claim. Page 2 of 3 TECHINACL DEFE...

Excerpt: ... criminal proceedings or until the statute of limitations has run on criminal prosecution, so that defendant can no longer claim a Fifth Amendment privilege. (Pacers, Inc. v. Sup.Ct. (Needham) (1984) 162 CA3d 686, 689— depositions postponed for one year, at which time criminal prosecution would be barred.) However, such a stay is discretionary; defendant has no right to a blanket stay on Fifth Amendment grounds. (Klein v. Sup.Ct. (Thomas) (1988...

Excerpt: ....5, and (5) Wrongful Termination in Violation Of Public Policy is based upon allegations that Plaintiff was terminated for “raising concerns over unpaid wages, lack of meal and rest breaks, and child pornography discovered on company computer(s).” (Compl. ¶ 15.) Elena Bulatova Fine Art El Paseo LLC (El Paseo) moves for summary adjudication of the first four causes of action on the grounds that Plaintiff was not employed by El Paseo, and both...

Excerpt: ...t D/T Carson Enterprises, Inc. and Dale Carson move the court for an order compelling Plaintiff Fidel Torres to produce his cell phone for inspection, copying, testing, sampling and production of electronically stored information and request for sanctions of $3,590. Defendant asserts the following: Defendant D/T Carson Enterprises, Inc. propounded RFPs (Set One), which included Nos. 27, 29, 34 and 35 seeking documents supporting Plaintiff's claim...

Excerpt: ...o Columbia's policy which allowed management to restrict rest periods to the premises; 3. Meal and Rest Break Policies—All Class Members during the Class Period who were subject to Columbia's “customer‐first” policy which denied or reduced their meal and rest breaks; 4. Rounding Policy—All Class Members during the Class Period who were subjected to Columbia's rounding policy of rounding time to the nearest quarter hour; 5. Inaccurate Wa...

Excerpt: ...d thousand vehicles throughout the United States equipped with defective continuously variable transmissions ("CVT")… [which] were installed in all Seventh generation (i.e., model year 2013 — 2017) Nissan Sentra automobiles and 2012‐2017 Nissan Versa automobiles sold or leased to consumers, including Plaintiff” (Compl. ¶ 17) and that the defective transmission caused "hesitation from a stop before acceleration; hard shaking during decele...

Excerpt: ...te and local law and Burrtec's exclusive franchise agreements with the cities of Indio, Coachella, Palm Desert, Cathedral City, and Indian Wells and the County of Riverside and Southern Coachella Valley Community Services District and any other city, county, district or territory in which Burrtec has an exclusive franchise agreement. Burrtec's franchise agreements provide that they have the exclusive right to collect, transfer, transport, recycle...

Excerpt: ...equired under the CBA, Plaintiff's performance after observing Plaintiff in the classroom and giving him a negative rating; that “[o]n April 18, 2017, PLAINTIFF grieved Dean Tabor' s negative teaching evaluation pursuant to the terms of the CBA. As part of his complaints, PLAINTIFF also raised the issue of discrimination in violation of the law”; that although he had been assigned to teach Earth Sciences… in the Fall of 2017, he received a ...

Excerpt: ...commencing March 31, 2020 and estimated to last seven days. Page 4 of 4 FACTS: Plaintiff DK Holdings opposes the motion and asserts that Defendant's motion is baseless as res judicata does not apply to the state court claims. In addition, Plaintiff asserts that this is Miva's second attempt as they already brought a motion in the federal district court asking the court to find res judicata applicable and issuing an injunction staying this action,...

Excerpt: ...o state facts sufficient to state causes of action for fraud and elder abuse and/or are uncertain. Moving parties previously demurred to these same causes of action in CrossComplainant's First Amended Cross‐Complaint with leave to amend noting that as to the fraud cause of action the FACC failed to plead facts with the requisite specificity and as to the elder financial abuse cause of action that the facts were insufficient to state a cause of ...