Excerpt: ...ment, Ltd., BTC Developments, Inc., LJ Acquisitions, LLC, M.A.N. Holdings, LLC, CV Land Company, LLC, Desert Dunes Management, LLC, DDGC Holdings, Ltd., DDGC Operations, Ltd. and Desert Dunes Condos, LP to provide further response to Plaintiffs' RFPs Nos. 25 ‐ 32. Plaintiffs issued identical RFPs to each of the ten defendants. Each of those 10 defendants served the same responses to the following RFPs. Page 2 of 3 RFP No. 25: Seeks all communic...

Excerpt: ...st enrichment based upon allegations that CrossComplainants own the subject property; that Cross‐Defendants have resided in the Property rent‐free since 1999; and that Cross‐Defendants have been wrongfully enriched in an amount to be proven at trial to the detriment of Cross‐ Complainants. (FACC ¶¶ 9 13.) The demurrer is based upon the grounds that the FACC fails to state a cause of action. The FACC fails to allege unjust retention of t...

Excerpt: ...ional distress by throwing the summons and complaint containing her information on the porch where the papers scattered everywhere for the entire community to see. Further, the CC alleges that the process server verbally abused her mother, Theresa Cohen who is elderly and hard of hearing and legally blind, which caused CrossComplainant severe emotional distress. 1 st Cause of Action for IIED: To recover for intentional infliction of emotional dis...

Excerpt: ...ry Feinberg voluntarily consumed alcohol to the point of intoxication knowing when she began drinking that she would be operating a motor vehicle soon after. That Hillary's actions demonstrated a conscious and deliberate disregard of the rights and safety of others entitling Plaintiffs to punitive damages. That Hillary while intoxicated ran a red light and collided into Plaintiffs' vehicle causing them to sustain serious injuries. Hillary asserts...

Excerpt: ... by calculation' from the day such damages are certain or capable of being made certain.” (Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 43.) Damages are deemed certain or capable of being made certain within the provisions of subdivision (a) of section 3287 where there is essentially no dispute between the parties concerning the basis of computation of damages if any are recoverable but where their dispute centers on the issue o...

Excerpt: ...in the alternative summary adjudication, on Cross‐Complainant Yun Hei Shin's Second Amended CrossComplaint on the grounds that all causes of action have no merit and/or are moot and that Shin lacks standing to bring such claims. Murray Altman (“Altman”) is the sole managing member of Desert Springs Financial, LLC. (“DSF”) Defendant Mitchell Altman (“Mitchell”) is Altman's son and Cross‐Defendant. CrossComplainant Yun Hei Shin (“...

Excerpt: ...'s Fund Ins. Co. (2013) 216 Cal.App.4th 902, 926‐927, 933, fn. 15.) The quantum of evidence needed to satisfy that burden may vary, however, depending on whether plaintiff is or is not a California resident and whether defendant seeks a stay of the action or dismissal. (See National Football League v. Fireman's Fund Ins. Co., supra, 216 Cal.App.4th at 939‐940.) There is a “strong presumption” in favor of plaintiff's choice of forum only w...

Excerpt: ...rove through a gate at the end of a dead end street and crashed into a tree. And there is no dispute that neither decedent Mark Haner, nor, Thadine, both of whom were passengers in the back seat, were using seatbelts. In addition to suing Lane, Plaintiffs have sued, the estate of John Renner the owner of the subject vehicle, who was also killed in the crash, the City of Palm Springs, Palm Springs Country Club, LLC where the gate is located, Bashi...

Excerpt: ...a computer hacker accessed Plaintiff's unprotected personal information from D First American Title Company's website and used that information to cause Plaintiff to transfer the purchase funds to the hacker's bank account. 1 st c/a‐Plaintiff has stated a cause of action based upon First American's negligent maintenance of Plaintiff's personal information. Defendant argues that “[t]he instructions to the escrow agent constitute a contract bet...

Excerpt: ...itled to reasonable attorney fees as the prevailing party. Page 2 of 3 Plaintiff Waring Place HOA moves the court for an award of attorney's fees of $29,600 and costs of $1,391 for a total award of $30,991 as the prevailing party. In addition, HOA moves for a judgment of dismissal to be entered in their favor against Defendants pursuant to CCP §581(d). HOA brought this action to enforce the CC&Rs arising out of Defendants unauthorized landscapin...

Excerpt: ...rdingly, the court awards reasonable attorney fees to moving party in the amount of $2,925.00 jointly and severally against Grit and Mr. Braun. In the event that the moving party served such a declaration supporting the requested amount with the motion, but which has not been received by the court, the moving party is to give notice that they request oral argument and appear with the previously served declaration. The further deposition of Mr. Br...

Excerpt: ...ham Resort Development Corporation demur to the 1st – 3 rd causes of action in Deborah Hargreaves' Third Amended Complaint for fraudulent inducement, fraudulent concealment, and financial elder abuse. The TAC alleges in pertinent part as follows:  On March 8, 2017, Plaintiff Deborah Hargreaves purchased from Defendant Wyndham (and its related entities) a WorldMark time share while visiting one of Defendant's timeshare properties in Oceanside...

Excerpt: ... of Palm Springs entered into a grant agreement secured by a promissory note with Miggy's Cantina, LLC. In 2016, City brought this action for breach of the grant agreement and promissory note against Miggy's Cantina, LLC and against Defendant Richard Meaney under an alter ego theory of recovery. Miggy's Cantina, LLC was defaulted on April 2018 because it was unable to defend itself due to the suspension of its corporate status in October 2016. A ...

Excerpt: ...leges negligent misrepresentations against the demurring parties and Defendant Miller. The pertinent allegations are that seller Defendant Miller failed to disclose on the property questionnaire a pre‐ existing mold contamination located throughout the property's interior. During a tour of the property, Plaintiffs asked Defendant Flaherty if she recognized any unusual smells and she snapped and advised them to get over the smell because it was ...

Excerpt: ...iscovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The original action in this matter was by E‐Commerce Lighting, Inc. (ECL) against E‐Commerce Trade, LLC (ECT). The issues between these parties were resolved with binding arbitration. On the same day that this court corrected the arbitration award, this court also granted Banc of California's (Bank) motion for leave to inte...

Excerpt: ...May 15, 2019, pursuant to CCP §473(b), on the grounds that they were entered due to the mistake, inadvertence, surprise or excusable neglect of counsel. On 9/13/16, Defendant Erblich filed his Answer to the Complaint. Thereafter, the parties stipulated to the filing of a FAC, which was filed 12/5/16. Defendants Werner, Werner and KMR Tours filed a demurrer to the FAC. The court ruled on the demurrer, resulting in the filing of a SAC on 2/7/17. O...

Excerpt: ...CCP §2033.300(a), to be relieved from admissions deemed admitted. On August 8, 2019 the court granted Defendant's unopposed motion to deem admissions admitted as to three separate RFAs. On October 16, 2019, Plaintiff served her complete and verified responses and admissions/denials to the RFAs. Plaintiff now seeks to be relieved of the effect of the deemed admissions on the basis of inadvertence, mistake or excusable neglect. Plaintiff asserts t...

Excerpt: ...ten instrument), and 10th (aiding and abetting fraud and breach of fiduciary duty) causes of action in Plaintiffs' Fourth Amended Complaint. As to moving defendant Urwell Diversified Holdings, Inc. the FAC alleges in pertinent part as follows:  This action involves three parcels of property that are used as a licensed drug and alcohol residential treatment program.  These properties were owned by Plaintiffs Seeley and McLaughlin as Trustees...

Excerpt: ...anti‐SLAPP motion must be filed within 60 days after service of the complaint. Subject to the trial court's discretion under CCP §425.16(f) to permit late filing, a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action. Ms. Lorton's motion was filed well after the expiration of the 60 day limitation. Defendant cannot use the fact that plaintiff filed an amended co...

Excerpt: ...rage. 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 because Plaintiff had not pleaded elder abuse with the required specificity. As explained below Plaintiff has again failed to plead elder abuse with the required specificity. The only relevant allegations as to AG Rancho...

Excerpt: ...t to state a cause of action. Plaintiff's FAC alleges 5 causes of action for: 1) negligence, 2) negligence per se, 3) vicarious governmental liability (Gov. Code §§815.2 and 820), 4) vicarious governmental liabilitycontractor (Gov. Code §815.4), and 5) dangerous condition of public property (Gov. Code §835.2). These causes of action arise out of injuries she sustained while on a Sunline Transit bus that collided with a bus stop. 1 st Cause of...

Excerpt: ...laintiffs are his son, Frederic Ahern, who is suing as his father's successor in interest for elder abuse and individually for wrongful death and Leann Strate, Vernon's daughter, who is also suing individually for wrongful death. Upon his father's admission to Brookdale, Frederic who had a power of attorney to act on behalf of his father, executed a residency agreement on his behalf. (Tamo Decl., Exh. A.) The residency agreement included an agree...

Excerpt: ...ting and/or gorging is a well‐known and frequent problem among individuals with developmental disabilities and that previously Hunter had almost died from choking on a sandwich but failed to comply with Hunter's Individual Placement Plan (ISP) dated September 24, 2018, which states that she requires, and was entitled to, "supervision when eating to ensure that she does not stuff too much food in her mouth, "because" HUNTER has the potential to ...

Excerpt: ...essary minority partners have consented to the terms of the settlement agreement and on October 2, 2019, the settlement agreement was amended to address the sale of two additional properties. On September 30, 2019, the court denied Plaintiff King's Motion to Enforce Settlement Agreement. The motion sought to enforce a settlement agreement, post‐mediation, that was signed by the parties (Plaintiff King and Defendant Franklin) but also by non‐p...

Excerpt: ...adings in a related dv action, and because they are uncertain as they fail to identify any factual basis by which moving defendant would be liable to Plaintiff. The TAC alleges twelve causes of action as follows: 1) fraud and deceit, 2) invasion of privacy, 3) quiet title, 4) assault, 5) sexual battery, 6) conversion, 7) intentional interference with prospective economic advantage, 8) negligent interference with prospective economic Page 2 of 6 a...

Excerpt: ...ed until Scott and Blessing married. Scott and Blessing never married. Plaintiff executed the Subject Grant Deed at the office of Defendant/Cross‐complainant Beverly Hills Escrow (BHE) and alleges that he verbally advised BHE's escrow officer of the condition in which the Subject Grant Deed would take effect or be in effect delivered. Plaintiff did not give BHE any written instructions as to the Subject Grant Deed. Page 2 of 5 Because there was...

Excerpt: ...mes Martin and Angie Gaytan solicited donations though a GoFundMe page to pay for specific medical bills of Martin that Martin and Gaytan falsely claimed were outstanding and not covered by insurance. The Rainieris allege Page 4 of 5 that after donating $100 they discovered that all of the medical bills had been paid by insurance. Martin and Gaytan then filed this cross‐complaint for (1) implied indemnity, (2) comparative indemnity, (3) declara...

Excerpt: ...pare formal judgment and give notice pursuant to CCP Section 1019.5. Plaintiffs seek summary judgment on their 1st (Quiet Title) and 2nd (Declaratory Relief) causes of action. The motion was timely filed and served and no opposition was filed by Defendants, but was due 10/23/19. In large part, the evidence in support of Plaintiffs' motion is based on admissions deemed admitted (by court order 12/6/18). The admissions deemed admitted by Defendants...

Excerpt: ...with the insurance requirements contained in the Lease. Defendants assert that Plaintiff's claims of new facts is false as Plaintiff has known of the hazardous waste allegations as far back as November 21, 2017. Defendants also assert that they will be severely prejudiced by the amendment, which seeks unspecified hazardous waste damages which are not covered by standard commercial general liability policies. C.C.P. §473(a)(1) provides in pertine...

Excerpt: ... they are unwilling to wait longer than November 5 th. At this time, the contractual period for completion of the sale has been exceeded and the Duckworths can legally back out of the purchase agreement. On 10/31/19, Plaintiff Rosie Hernandez filed MPAs asserting that the order for the sale of the property is not stayed pending appeal. Plaintiff asserts that there are exceptions to the general stay rule, one of which is CCP Section 917.4 that pro...

Excerpt: ...tiff's allegations seeking to challenge the initial inter‐fund loan are time barred as Plaintiff is seeking to invalidate a 2007 loan CVWD approved between two internal accounting funds and the May 2019 action was only to restate the loan repayment terms. Plaintiff asserts that this action is a single cause of action for reverse validation challenging the May 14, 2019 inter‐fund loan. Plaintiff asserts that his action is timely as it was file...

Excerpt: ...aintiff to ageist comments, such as calling her "old" and "old cultured" or that Plaintiff could not connect with the new generation or millennials. b. Put Plaintiff on a pretextual performance improvement plan (when her performance was excellent and even received numerous raises and bonuses prior to her termination) and then terminated her for reasons that were untrue (namely falsely alleging that Plaintiff's staff felt bullied and mistreated), ...

Excerpt: ...era, as to Defendant Ecowize as to the 8th cause of action, and as to all Defendants as to the 4th – 6 th causes of action. Defendants FDG Investments 2, LLC, Ecowize, Inc, Rudy Herrera, Raymond Herrera, Vincent Barbato, Antun Barbato and Robert Bishop demur to the 2nd – 8 th causes of action in Plaintiff James Lawton's Second Amended Complaint (“SAC”) on the grounds they fail to state facts sufficient to constitute causes of action and/a...

Excerpt: ...Plaintiff is a website‐hosting company that primarily hosts websites for customers using the Miva Merchant Software, a shopping software that allows customers to process orders for goods and services online.  The software is owned by Defendant Miva Corporation.  In 2005 the parties entered into a Hosting Partner Distribution Agreement, which is attached as Ex. 1.  The parties entered into an Addendum to Agreement, in 2009, which is att...

Excerpt: ...s are necessary to support its reply to Defendant's opposition to the class certification motion. Defendant seeks an order quashing these notices on the grounds that allowing the depositions to go forward would be unduly prejudicial. To begin, this court has an obligation to protect the interests of the putative class members. It appears that the 5‐year deadline to bring the case to trial is approaching in at least one of these coordinated acti...

Excerpt: ...ndants' private attorney, who had represented Defendants in their past Assessment dispute with the Association.” 2. Paragraph 30 in its entirety, which reads: “Plaintiffs are informed and believe that from October 2018 to the present time, Defendants Roberts and Gilbert have unlawfully used Defendants' personal attorney, Brian S. Harnik of Roemer & Harnik LLP as the Association's legal counsel. Defendants Roberts and Gilbert thereby breached ...

Excerpt: ...aintiff's motion for preliminary injunction was denied. Moore asserts that the basis for attorney's fees is the Association's Master Declaration that states that for “any action for breach of or to enforce the provisions of [the] Master Declaration is commenced, the court in such action shall award to the party in whose favor a judgment is entered, a reasonable sum as attorneys' fees, which attorneys' fees shall be paid by the losing party in s...

Excerpt: ...and fair dealing, (7) fraudulent misrepresentation, (8) negligent misrepresentation, (9) declaratory relief, (10) quiet title, (11) slander of title, (12) cancellation of instruments, (13) elder abuse, and (14) violations of B&P C § 17200 arises out Defendant's alleged failure to consider Plaintiff Robert Hamilton for home loan modification because although Plaintiff had been awarded the home as separate property, Plaintiff's now ex‐wife, non�...

Excerpt: ...faith or wilful misconduct of a party may constitute a waiver and thus justify a refusal to compel arbitration.” (Id. at 992 [internal punctuation omitted].) Defendant filed this motion 10 months after filing his answer, in which he did not raise the issue of arbitration, after filing and losing a summary judgment motion, after Plaintiffs had completed discovery and immediately before the trial setting conference, at which trial was set for Jan...

Excerpt: ...artygoers, many under 21 years of age, were charged $3 at the door for alcohol. The party was held at the residence of Defendant homeowner Adan Arriaga who was aware of the party and consented to it. Defendants Becerra‐Gomez, Ramirez, Flores and Hernandez consumed alcoholic drinks that were served at the party that night. They left the party around 11:00 pm. In a truck driven by Defendant Becerra‐Gomez. Plaintiff O'Connor was approached Page ...

Excerpt: ...spect to the alleged dangerous condition at the property as it did not own, lease or control the property where the incident occurred and had no duty to maintain the gutters in front of Plaintiff's home and/or to clean the algae and other debris and water from the gutters. Plaintiffs assert that Gothic had a duty to use reasonable care in the performance of their contractual duties under the Landscape Maintenance Agreement with Citrus HOA as well...

Excerpt: ...FK Memorial Hospital. The motion is based upon the ground that Sanchez agreed to arbitrate these claims. The arbitration agreement is unconscionable. There is no dispute that Sanchez agreed to arbitrate employment related claims as part of JFK's Fair Treatment Process. FTP. The FTP provides for a pre‐arbitration resolution procedure and only after that is completed binding arbitration. “If the court as a matter of law finds the contract or an...

Excerpt: ...rsh v. Heily & Blase (1992) 3 Cal.4th 1, 12‐13. Among other grounds the court may modify or “correct” an award where the arbitrators “exceeded their powers but the award can be corrected without affecting the merits of the decision …” CCP § 1286.6. “An arbitrator's errors generally do not contravene the “exceeded powers” clause of the CAA. Under section 1286.2, subdivision (a)(4), an arbitrator exceeds his powers by acting ...

Excerpt: ...ll's Pizza No. 1, Inc. and Bill's Pizza Palm Desert, Inc. Prior to the parties' arbitration, Defendant Steven Hamlin deposed William Tracy. Tracy is the sole shareholder and PMK for Bill's Pizza No. 1, Inc. and Bill's Pizza Palm Desert. In the prior deposition of Tracey, Defendant acknowledges that questions were asked concerning the corporate entities, but Defendant asserts that Tracy only gave vague and incomplete answers to many of the questio...

Excerpt: ...sibility law controls. Defendant Fox Rent‐a‐Car, Inc. demurs to Plaintiff's Complaint for negligence on the grounds it fails to state facts sufficient to constitute a cause of action against it as it is a company engaged in the leasing of motor vehicles and any liability of the driver cannot be imputed to it based solely on its ownership of the vehicle. To withstand a demurrer the complaint must contain “a statement of the facts constitutin...

Excerpt: ...as to the 1 st, 3rd and 5th causes of action. Plaintiffs filed a SAC and Defendants once again demur to the 1st , 3 rd and 5th causes of action. The first cause of action for battery alleges that Defendants failed to eradicate a known bed bug infestation in the hotel, made a deliberate choice not to inspect or ensure that Plaintiffs' room was free of bed bugs immediately before their stay at the hotel, and failed to notify Plaintiffs of the prese...

Excerpt: ...ertence, surprise and/or excusable neglect. C.C.P. §473(b) provides that the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect within six months after judgment, dismissal, order, or proceedings has been taken. The outside time limit for seeking relief under §473(b) is therefore 6 months. This limit is jurisdictional i...

Excerpt: ...hat the court should follow Glass which was decided in this appellate division. Plaintiffs assert that Toyota is the better reasoned opinion, which this court should follow. In Glass the issue involved forcing three senior members of plaintiffs' management team, pursuant to CCP Section 2025(e)(3) to be deposed in California. Glass held that CCP Section 1989, providing a witness is not obligated to attend a deposition in California unless they res...

Excerpt: ...that performed inspections of real property. On October 17, 2016, he sent a written contract to Dania Duke and Mary Madigan (“Plaintiffs”) for review and signature regarding a proposed inspection of a single‐family home to be purchased by Plaintiffs located at 1695 Ridgemore Drive, Palm Springs, CA 92264. Plaintiffs signed the contract. The contract called for the inspection to be performed pursuant to CREIA Standards of Practice. On Octobe...

Excerpt: ...hristopher Hoffman move the court to allow them to file a FACC to remove alter ego allegations regarding Cross‐Defendant Daniel Riccio in order to avoid the pending MSJ. The opposition filed states that the Hoffmans seek to allege a new theory of lability as to Riccio for fraudulent concealment. “[T]he elements of a cause of action for fraud based on concealment are: ‘”(1) the defendant must have concealed or suppressed a material fact, (...