Excerpt: ...derlying complaint is an interpleader action by SBS with named defendants Monica Carranza, County of Riverside Code Enforcement Department and Ford Motor Credit Company. The interpleader action is the result of a foreclosure that resulted in excess funds of $8,041.63 (less attorney's fees and costs). The Trustee's Sale Guaranty indicated that Carranza, County and/or Ford Motor may be “next in line” and entitled to a portion of the surplus fun...

Excerpt: ...ners Association is to give notice pursuant to CCP 1019.5, forthwith. This court granted Defendant Tri Palms Unified's Motion to Strike pursuant to C.C.P. §425.16 (Anti‐SLAPP) and awarded it attorney's fees and costs of $35,225.77 on May 26, 2016. Additional fees were awarded to Tri Palms on July 27 2016 in the amount of $6,750 after the court heard and denied Plaintiff's Motion for Reconsideration of the Anti‐SLAPP motion. Tri Palm's total ...

Excerpt: ...eanne Foxx, D&R Foxx, Inc., and Sterling Ridge Lot 1, LLC. After dismissing the 2nd and 9th causes of action, the complaint now alleges 13 causes of action for: 1) Breach of Contract, 3) Declaratory Relief, 4) Breach of Fiduciary Duty, 5) Constructive Trust, 6) Conversion, 7) Unjust Enrichment, 8) Injunctive Relief, 10) Intentional Interference with Contractual Relations, 11) Intentional Interference with Contractual Relations, 12) Aiding and Abe...

Excerpt: ... to state fact sufficient to state a cause of action and each is uncertain (except for the 3rd cause of action). To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proo...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ...ubpoena on the Department of Social Services for the following documents: “All unredacted incident reports, accident reports and unusual incident reports produced by Brookdale Rancho Mirage between the dates of March 1, 2015 and April 1, 2017.” Defendants seek an order quashing the subpoena on the grounds that disclosure would violate third‐party privacy rights, the confidentiality of reports of elder abuse pursuant to Welfare and Instituti...

Excerpt: ...”) is for breach of contract and negligence and arises out of Defendants' alleged failure to develop a website for Plaintiff pursuant to the parties' contract. The demurrer is based upon the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with leave thirty (30) days' leave to amend. Plaintiff has failed to plead the breach of any specific con...

Excerpt: ...rm Plaintiff that included a document entitled “CourtCall Appearance” and then appeared in court, in pro per, on the date set forth in the email from Plaintiff, 03/29/2018. Prior to that date, Defendant paid his first appearance fee and filed two “declarations.” Defendant states that he believed these declarations were appropriate responses. Aliaopoulios Decl. ¶¶ 2‐3. The motion is based upon the grounds that the default was entered a...

Excerpt: ...uire that Martec purchase all of Mr. Mangano's interests…in the company for the Put Purchase Price and that "[u]nder Section 21.14 Mr. Dolemo: (i) has direct guaranty obligations of (y) $2,350.00 of the Put Purchase Price until such time as there is a disposition of the Indio Property and (z) the entire Put Purchase Price of$4,700,000 at all times thereafter disposed of in any fashion…" FAC, ¶¶ 13, 16. Plaintiff further alleges that...

Excerpt: ...r punitive damages claim or entitlement to attorney's fees based upon elder abuse . Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. CC § 3294(a). “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. CC § 3294(c)(1). While the underlying c...

Excerpt: ...(2) Conversion; (3) Intentional Infliction of Emotional Distress (“IIED”); (4) Negligence; (5) Negligent Supervision/Failure to Warn; (6) Negligent Hiring/Retention; (7) IIED, (8) Negligent Infliction of Emotional Distress (“NIED”) and (9) Financial Elder Abuse is based upon allegations that Plaintiffs entered into separate, yet identical, Lease Agreements (Agreement). FAC, ¶¶ 15‐17; Exhs. A‐C; that Defendants hired Defendant, Jarod...

Excerpt: ...40.00, to be paid within thirty (30) days of the date of the hearing on this motion. Plaintiffs are to give notice pursuant to CCP 1019.5, forthwith. The only remaining issue is a further response to interrogatory 12.6 which seeks information regarding any “report” of the incident, defined as "the series of burglaries committed by then‐employee of Las Colinas Senior Apartments Jerod Nielsen, between approximately December 2015 and Febru...

Excerpt: ...costs memo on the grounds that because the complaint is still pending against Cross‐Defendants The Yardley Protected Limited Partnership and Sohail Ahman, and Cross Defendants have not apportioned the costs incurred among the Cross‐Defendants no costs can yet be awarded. Page 2 of 4 For the following reasons, the motion is denied: Costs are only being claimed on behalf of Sanin and Desert Gate Real Estate. Cross‐Defendants filed two costs m...

Excerpt: ...a, who has a contract with the River Estates HOA, from “performing landscaping and weed abatement services without a valid C‐27 Contractor's license…” McAndrew holds a C‐27 license. For the following reasons, the motion is denied: McAndrews has not demonstrated a possibility of prevailing. Most injunction motions require the court to balance (1) the harm to plaintiff if the injunction does not issue with, (2) the harm to defendant if th...

Excerpt: ...econd Amended Complaint (“SAC”) that deletes the gross negligence, negligent infliction of emotional distress and intentional infliction of emotional distress causes of action, adds certain factual allegations, and names as The Roundtable Franchise Corporation as a defendant. For the following reasons the motion is granted: Plaintiff was genuinely unaware of The Roundtable Franchise Corporation's liability. The only issue on this motion is wh...

Excerpt: ...t to be heard on 6/28/17. The motion was continued to 7/5/17. On 7/5/17 it was continued again to 7/10/17. On 7/10/17 the Court heard the matter and on its own motion continued the hearing to 9/18/17 and ordered the parties to submit briefs. The Court also granted the motion to stay discovery served on Richard Meaney. The Court continued the motion pertaining to whether or not Meaney could propound discovery. On 9/18/17 the Court continued the he...

Excerpt: ...d after being modified to correspond with the Court's ruling. Defendant Textron, Inc. is to give notice pursuant to CCP 1019.5, forthwith. Defendants Textron Inc. and Textron Specialized Vehicles Inc. move the court to compel further responses to Special Interrogatories, Set Two No. 16, and to order sanctions in the amount of $4,980.99. Responses to interrogatories are to be “as complete and straightforward as the information reasonably availab...

Excerpt: ...t. In response, Plaintiff filed a First Amended Complaint, presumably in reliance on CCP 472. However, Defendant elected her right, pursuant to CCP 430.30(c), to concurrently file an answer and a demurrer; thereby cutting off Plaintiff's right to file a FAC. The Court on its own strikes the improperly filed FAC. The Plaintiff filed an opposition on 6/15/18. The Court continues the hearing on this matter in order to allow Defendant to file a reply...

Excerpt: ...e Court reflects that Jeff Wallin, a nonregistered process server, personally served Defendant JinyIng Xie on 1/11/18 at 79151 Starlight Ln., Bermuda Dunes. Defendant asserts that the PoS was not signed by Jeffrey Wallin and therefore there was no valid service and service should be quashed. Further, the motion states that Defendant Jinying Xie was not personally served as reflected in the PoS. The motion asserts that Jeffery Wallin is Defendant'...

Excerpt: ...ern title to and partition of the subject real property. Statutory provisions authorizing attorney fees to the “prevailing party” are not subject to the definition of “prevailing party” in the general costs statute, CCP § 1032, or CC § 1717. Galan v. Wolfriver Holding Corp. (2000) 80 CA4th 1124, 1128‐1129. Normally, the prevailing party is the one in whose favor a net judgment is entered. See Smith v. Rae‐ Venter Law Group (2002) 29...

Excerpt: ... J. Bankard and IE Business Solutions Foreclosures are to prepare a proposed order and give notice pursuant to CCP 1019.5, forthwith. Defendants move to expunge the lis pendens on the grounds that Plainitiffs cannot establish the probable validity of their real property claim. The lis pendens claimant (plaintiff) bears the burden of establishing the existence of a “real property claim” and that it is “probably valid.” CCP § 405.32. “�...

Excerpt: ...onference in this matter is continued from 06/26/18 to 8:30 a.m., 09/19/18, in Department PS1. Plaintiffs are to give notice pursuant to CCP 1019.5, forthwith. Page 3 of 5 This action arises out Plaintiff Todd Rainey's default on his home loan. The original complaint asserted pre‐foreclosure claims based upon Defendants alleged failure to comply with certain statutory requirements for non‐judicial foreclosure, breach of the covenant of good f...

Excerpt: ...ow Cause hearing is scheduled for 8:30 a.m., 09/14/18, in Department PS1. Plaintiff is to give notice pursuant to CCP 1019.5, forthwith. Plaintiff seeks an order striking Defendant's answer because Defendant, a corporation, is no longer represented by counsel. On 03/23/2018 the Court granted Defendant's Attorney's motion to be relieved as counsel. Although it has capacity to sue and defend, a corporation is not a natural person, and therefore can...

Excerpt: ...1019.5, forthwith. /// /// Page 3 of 3 Applicants Mike Pike, Sandy Palmer and Mike McCarty assert that pursuant to Avondale Homeowners Association's (“HOA”) Bylaws it is to hold its regular annual meeting for the primary purpose of electing directors every February. HOA has historically held the annual February meeting, except in 2018. HOA has yet to hold its required 2018 annual meeting and the HOA has a deadlocked four‐person Board unable...

Excerpt: ..., based on the stipulation of the parties, the punitive damages allegation was stricken from the complaint. On 5/10/17 Diaz filed her Answer. On 3/12/18, Janis deposed Diaz. Janis now alleges that the newly discovered facts from that deposition support a claim for punitive damages and an allegation of gross negligence. Janis now seeks leave to amend her complaint to allege these allegations. Plaintiff Stephanie Janis moves the court for leave to ...

Excerpt: ...indicated that Plaintiff could file a regularly noticed motion within 10 days to address the issues raised by the Court pertaining to the motion's untimeliness. This motion was filed 5/15/18. Page 2 of 4 A trial setting conference is set for 8/7/18, so there is no current trial date set in this case. Plaintiff Sean Oliver moves the court to reopen discovery to allow the court the ability to hear his motion to withdraw admissions. On motion of any...

Excerpt: ...tion the court for preference, “which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc. § 36(a)(1)‐(2).); Code Civ. Proc. § 36(f).) Pursuant to Code of Civil Procedure section 36.5 “An affidavit submitt...

Excerpt: ...allegedly making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he coowned and operated with his wife, Defendant Nancy Sonneborn. The motion is based upon the grounds that there is no triable issue of fact that the Round Table Defendants are not liable. For the following reasons, the motion should be denied. D & N Pizza has failed to show that there is no triable issue of fact that it is not liable. The moving party bear...

Excerpt: ...is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This action for: (1) intentional interference with prospective economic advantage, (2) negligent interference with prospective economic advantage, and (3) violation of Business and Professions Code section 17200 is based upon allegations that Defendant Environmental Water Management, Inc. Plaintiff Juan Cortez, dba Environmental Rebuild's competitor, sought to dispar...

Excerpt: ...es for “oppression, fraud or malice” by the defendant. (Civ. Code § 3294(a)). “Malice” means conduct intended by the defendant to cause Page 4 of 4 injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. (Civ. Code § 3294(c)(1).) While the underlying claims may be generally alleged, specific factual allegations are required to support a ...

Excerpt: ...walking along the dirt shoulder of a road. At the time, Labuen was making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he co‐owned and operated with his wife, Defendant Nancy Sonneborn. Labuen also named as Defendants Round Table Pizza, Inc. ("RTP") and Round Table Development Company ("RTDC") (collectively as "the Round Table Defendants"), alleging that the Round Table Defendants were vicario...

Excerpt: ...petitioner only requested a hearing date on 04/18/2018, almost two months after the last date to request a hearing date, after real party in interest filed its motion to dismiss. The motion is based upon the grounds that the failure to timely request a hearing date was the result of excusable neglect. For the following reasons, the motion is granted: The failure to timely request a hearing date was a result of excusable neglect. When a petition f...

Excerpt: ... is awarded its costs and reasonable attorneys' fees incurred for filing the response to the notice of errata and for the time and work involved in connection with this motion. The amount of costs and fees to be awarded are to be determined after a hearing pursuant to a motion to be filed by Defendant Ross. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On 2/8/18, Plaintiffs filed a “Notice of Errata�...

Excerpt: ...a and Hayday Farms, Inc., which alleges that HayDx and Hayday entered into a written Asset Purchase Agreement that provided for the sale to HayDx by Hayday of most of Hayday's assets, including all of the equipment and other tangible assets used by Hayday in conducting its hay processing and sales business. Some of the equipment subject to the purchase agreement was taken by Hayday for its own use and pledged as collateral by Hayday for loans to ...

Excerpt: ...with. Plaintiff Thomas Tedesco seeks an order (1) perpetuating testimony pursuant to Code of Civil Procedure sections 2036.010 et seq., 2035.010 and (2) designating depositions as “Former Testimony” Pursuant to Evidence Code sections 1290, 1291 and 1292. For the following reasons, the motion is denied: Neither section 2036.010 nor section 2035.010 applies. These sections allow for discovery where it would otherwise be prohibited. Section 2036...

Excerpt: ...reasons stated, be presented. A party opposing a motion for summary judgment or adjudication is entitled to a continuance where it shows “that facts essential to justify opposition may exist but cannot, for reasons stated be presented…” (Code Civ. Proc. § 437c(h).) This First Amended Complaint (“FAC”) is for: (1) breach of contract and (2) declaratory relief raises. Romano has filed a motion for summary adjudication of the 2nd cause of...

Excerpt: ...ohnson, Magnesia Falls Plaza, LLC, and Michelle Davidson are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This complaint for breach of contract, fraud and breach of fiduciary duty is based upon Defendant's alleged misrepresentations regarding capital contributions to the subject partnership and falsification of partnership books and records. The motion is based upon the grounds that complaint does not contain a re...

Excerpt: ...LC is entitled to inspect the cart. Defendant Club Car, LLC (“Defendant”) seeks an order permitting visual inspection and non‐ destructive testing of the subject golf cart. Plaintiffs claim that Defendant has already conducted an inspection. This argument has no merit. Plaintiffs did allow Defendant access to the cart before this action was filed. However, the fact that Plaintiffs allowed Defendant access Page 2 of 2 to the cart before this...

Excerpt: ...l Procedure section 1019.5, forthwith. The gravamen of this complaint for: (1) quiet title, (2) violations of Business and Professions Code section 17200, (3) fraud, (4) breach of contract–renovation contract, (5) breach of contract‐quitclaim of property, (6) specific performance, (7) negligence, and (8) declaratory relief is that Defendants took advantage of Plaintiff's mental disability—bi‐polar disorder—by demanding full payment unde...

Excerpt: ...is directed at written discovery requests. It appears, that those requests have been provided. In his reply, Plaintiff shifts to a different topic, a recent PMK deposition in which Plaintiff complains that Defendant's PMK may not be the PMK for certain issues and that the PMK failed to produce certain categories of documents that were requested to be produced at the deposition. The PMK deposition is not, however, the subject of this motion ...

Excerpt: ...sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This is an employment harassment suit by Plaintiff Melissa Guzman against her prior employer Renaissance Hotel Management Company, LLC (“Marriott”). As part of Guzman's discovery process she served Requests for Production of Documents. She moves the court to compel further responses to RFPs No. 78 and 79 seeking access to certain ...

Excerpt: ...e deposition went forward on May 1, 2018, but asserts that the Person Most Knowledgeable (“PMK”) failed to produce records requested by Plaintiffs which were identified by Mr. Cho and that Mr. Cho admitted that he had not searched for certain categories of documents. However, the reply states that the deposition of the PMK remains open subject to the production of additional documents and subject to the identification of some other individual...

Excerpt: ...ay or needless increase in the cost of litigation or that Wesco's claims and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension or change in existing law. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to sanctions for violation of this certification. (Code ...

Excerpt: ...longer resides. Section 410.50, subdivision (a) provides in part, “A general appearance by a party is equivalent to personal service of summons on such party.” “The Courts of Appeal have described the scope of actions in the litigation process which constitute a general appearance as follows: A general appearance occurs where a party, either directly or through counsel, participates in an action in some manner which recognizes the authority...

Excerpt: ...e of court. (Code Civ. Proc. § 2030.310(a).) The motion to withdraw admissions is denied for being untimely. A motion for relief from admissions is a discovery motion which must be filed at least 15 days prior to the initial trial date, unless the party has first filed a motion to have his discovery motion heard after the discovery motion cutoff, which Plaintiff has not done. The Court notes that the evidentiary objections and request for discov...

Excerpt: ...aint alleges that Defendant Tribbett attacked Santighian, kicking, punching and knocking him unconscious resulting in injury. Santighian asserts that his health supports a granting of this motion. In support of his motion, Santighian filed the declaration of his attorney that states that he has reviewed Santighian's medical records related to two surgeries, since 2011, to remove colon cancer and has been assessed as a high fall risk due to both h...

Excerpt: ...ccessfully challenged the City's failure to consider and act on Page 4 of 7 its Application for Class 1 Historic Site Designation of the Schwartz Residence. Foundation asserts that its suit against City was the catalyst for City acting on the Application that was ultimately approved unanimously by the Palm Springs City Council. Foundation further alleges that as a result, Foundation conferred a significant benefit on the public generally and the ...

Excerpt: ...d herein. No Sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Defendant O & M asserts as an affirmative defense, the defense of unclean hands on the grounds that Plaintiff City of Palm Springs selectively chose only to initiate a Government Code section1090 action involving the Prairie Schooner property at issue in this case and not any of the other potential projects/contracts that...

Excerpt: ...egligence, (2) assault and battery, (3) false arrest, (4) false imprisonment and (5) emotional distress arises out of Plaintiff Tamara Pytel's arrest by Defendant RCSO Nelson while Plaintiff was at home. Plaintiff alleges that she was falsely arrested for being under the influence of an illegal stimulant while she was experiencing withdrawal symptoms caused by not taking her prescription medication for depression and anxiety; that she was transpo...