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: .... 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: ...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: ...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: ...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: ...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...