Excerpt: ...tion provision in the operating agreement. For the following reasons, the motion is denied: The parties are involved in litigation with third parties arising out of related transactions that create the possibility of conflicting rulings on a common issue of law or fact. The court may refuse to compel arbitration where “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, aris...

Excerpt: ...t it is not a party to the CC&Rs it is alleged to have breached by placing a lock on the entry door to the subject property. For the following reasons, the demurrer is granted without leave to amend: MCS is not a party to the CC&Rs. The First amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements...

Excerpt: ...ongBeverly Act based upon the alleged defective “HVAC, SRS and electrical system.” (Compl. ¶¶ 17, 35, 46.) Now Plaintiff seeks leave to amend to add claims for fraudulent concealment and fraudulent inducement based upon another alleged defect, the Theta II engine. Plaintiff argues that “[a]s a result of Defendant's fraudulent misconduct, Plaintiffs purchased a defective automobile to their detriment. Plaintiffs have since experienced ...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: ...o be paid to Plaintiff's counsel within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This First Amended Complaint (“FAC”) for breach of contract and declaratory relief raises one issue, that is, whether a provision in Defendant Sunrise Racquet Club Owner's Club's...

Excerpt: ...fendant FAC US, LLC is to produce its Person Most Knowledgeable and Custodian(s) of Records within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiffs are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no dispute as to whether Plaintiff is entitled to the requested PMK deposition to authenticate documents produce...

Excerpt: ...n entity that has not been named in this litigation. In addition, the SDT seeks any records provided to the Riverside County District Attorney in connection with the criminal action. Defendant Richard Meaney moves the Court to quash the SDT served on First Republic Bank to obtain documents related to a Union Abbey, Inc. bank account. The court is authorized to order a subpoena quashed, modified, or that compliance be directed, with or without lim...

Excerpt: ...moves the court for leave to file a Second Amended Cross‐Complaint (“SACC”) which adds a cause of action for fraud and prayer for exemplary damages, adds five new exhibits to demonstrate the alleged alterations of the Lease, and pleads with specificity the facts previously pleaded in order to allege a fraud cause of action. As opposing party correctly points out, the motion fails to comply with CRC, rule 3.1324 which requires that the motio...

Excerpt: ... cause of action for declaratory relief and damages. The facts alleged in the SAC are as follows: Plaintiffs Scott and Carmella Bryan (“the Bryans”) owned two residences and golf memberships at Citrus Club in La Quinta. In June 2017 the Bryans were in the process of selling the residence at 79760 Citrus and transferring their Heritage Golf Membership to the prospective buyers under the terms and conditions of the Club's membership Page 5 of 8...

Excerpt: ...o the Complaint and filed it on 3/15/18. On 4/17/18 Michler timely filed and served his Anti‐SLAPP Motion to Strike the Complaint. An Anti‐SLAPP motion “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions o...

Excerpt: ...tigant. However, there was a question as to whether or not the Court has recognized new counsel Attorney David Wilkirson, who was not served. No opposition was filed, but was due May 1, 2018. To the extent that the minutes from this Court's February 15, 2018 did not make clear, this Court pursuant to its authority under Code of Civil Procedure section 284 recognized Attorney David Wilkirson as Plaintiff's counsel of record. To the extent that thi...

Excerpt: ...power to permit defendant to file or amend a cross‐complaint to avoid forfeiture of defendant's “related” claim. Indeed, the court “shall grant” leave as long as defendant is acting in good faith. (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99—even on “eve of trial,” leave to file compulsory cross‐complaint mandatory absent bad faith.) Because trial on Stabilis's action h...

Excerpt: ... Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5)Promissory Estoppel/Quantum Meruit, 6) False Promise, 7) Fraud and Deceit, 8)Intentional/Negligent Misrepresentation, 9) Intentional/Negligent Infliction of Emotional Distress, 10) Negligence, 11) Slander/Slander Per Se, 12) Libel/Libel Per Se, 13) Invasion of Privacy, 14) Intrusion into Private Affairs, and 15) Declaratory Relief. On March 5, 2018, McQuary filed her First Amende...

Excerpt: ...and Lenni Ayres are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On November 21, 2017, Plaintiff Gail McQuary (“McQuary”) filed her Complaint against Defendants Peter Kirkis and Lennie Ayres alleging 15 causes of action for: 1) Breach of Contract, 2) Breach of Quasi‐Contract, 3) Breach of Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5) Promissory Estoppel/Quantum Meruit, 6) False Promise,...

Excerpt: ...) days of the date of the hearing on this motion. The proposed order will be signed after being modified to conform to the terms of the Court's ruling. Defendants Stabilis Fund II, LLC and Indio Funding, LLC are is to give notice pursuant to CCP 1019.5, forthwith. Defendants Stabilis Fund II LLC and Indio Funding LLC move the court for an award of $14,892.27 in attorneys' fees and costs against Plaintiff Valley and Mountain, LLC pursuant to CCP �...

Excerpt: ...ive notice pursuant to CCP 1019.5, forthwith. This Court sustained with leave to amend as to the 1st, 3rd, 4th, 6th and 7th causes of action in the First Amended Complaint. The Second Amended Complaint (“SAC”) added the following allegations: ‐ Defendants failed to eradicate prior bedbug infestations in the hotel, including in Room 3111, the room where the Mundts were bitten by bed bugs. (¶18, SAC) ‐ Defendants deliberately chose not to ...

Excerpt: ...fied by numbers 14 and 15. Defendants Vistana California Management, Inc. and Desert Willow Condominium Association, Inc. are to give notice pursuant to CCP 1019.5, forthwith. Defendants seek to strike paragraphs 20, 32, 41, 42, 47(e), 48, 49, 53, 59, 69, 94 and the phrase “Defendants … deliberate choice not to notify Plaintiffs of the presence of Cimex Lectularius in Room 3111, within paragraph 37 and 55 and prayer for relief for punitive da...

Excerpt: ...chin (“Chernuchin”) arise out of an alleged breach of contract for failure to pay attorney's fees related to different litigation wherein Plaintiff Knez Law Group LLP (“Knez”) provided Chernuchin legal services. Chernuchin asserts that all four causes of action fail as a matter of law because Knez failed to allege that Chernuchin was provided with notice of her right to client fee arbitration. Knez asserts that the notice was served on Ch...

Excerpt: ...dent. Taylor filed his Answer and Cross‐Complaint on 12/27/17 alleging that he was not the owner of the car and to the extent that his name was on the title, it was the result of elder abuse by Cyress Coast Nissan, Inc. and his son. On February 13, 2018, Dean Taylor passed away before his motion for trial preference could be heard. Dean Taylor's wife, Barbara Taylor substituted in as successor in interest and now moves for a trial preference ba...

Excerpt: ...an male of approximately 50 years of age, 5'8” 150 pounds with salt and pepper hair “Person in Charge” at 290 Broadhollow Road, Suite 301, Melville NY 11747 on 2/23/18 at 10:43 a.m. The Proof of Service (“PoS”) states that it was served by James D. Cozens‐ Sano Attorney Service, P.O. Box 1568, Riverside, CA 92502 and states he is a registered California process server, Registration No. 0847484, but lists County as Suffolk County, whic...

Excerpt: ...ith and Fair Dealing is based upon allegations that after Plaintiff Dreyfus had invested substantial funds and efforts in establishing Coachella Valley Growers, LLC and CV Pharms, Defendant Elsasser took advantage of a severe illness that rendered Dreyfus hospitalized and unable to participate in the business operations; that during this time, Elsasser engaged in a scheme to seize control of their business, exploit the Conditional Use Permit (“...

Excerpt: ... section 1019.5, forthwith. The owners/partners of Saxony Land Company, LP (“Saxony”) are Plaintiff the Estate of Ross Mangano (“Estate”) and Defendant Martec Investments, LP (“Martec”). Defendant Martin Dolemo (“Dolemo”) is the manager of Martec Investments, LP. Saxony's First Amended and Restated Limited Partnership Agreement provided Mr. Mangano with a “Put” right, which is the subject of this case. Each of the parties to p...

Excerpt: ... (“FAC”) alleges two causes of action against Defendant Coachella Valley Water District (“CVWD”) for declaratory relief and inverse condemnation. The FAC alleges that Rancho has approximately 80 mobile home spaces (out of 288 total spaces) which are either vacant or have on them uninhabited mobile homes which do not use sewer services. CVWD charges a monthly sewer fee for each space in the park regardless of whether the space is vacant or...

Excerpt: ...tice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no provision in the Code of Civil Procedure or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent intro...

Excerpt: ...s demurrer was originally filed 7/19/17. At the 1/31/18 hearing the court continued the hearing to 4/26/18 to be heard after the motion Re: Guardian ad Litem issue. On 3/22/18 the Court heard the motion for removal of Guardian ad Litem and Dismissal of Complaint by Lydia Brown. The Court vacated the order appointing the Guardian ad Litem and encouraged the parties to attempt to resolve the issue concerning a guardian Page 3 of 3 and/or dismissal ...

Excerpt: ...fendant Red Mule Ranch, Inc. (“Ranch”). According to Defendants the accident occurred while Schriner was making a left hand turn and Waters attempted to pass him while he made the turn. Waters contends that Schriner made an improper left turn causing the collision. Defendants dispute that contention. The CHP officer investigating the accident determined that Waters made an unsafe attempt to pass the tractor and collided with the left front wh...

Excerpt: ...alid in California as the vehicle was purchased outside the State of California. Summary adjudication is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A party moving for summary judgment/adjudication bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action can...

Excerpt: ...or Admissions (“RFAs”) and form interrogatories that addressed the identity of the party Oliver contracted with. Oliver responded specifically to several interrogatories that Oliver contracted with Jack's Body Works', Inc. and admitted in RFAs that Jack Jackson is not a party to the contract. Oliver now seeks to withdraw his admissions to RFAs Nos. 2, 3 and 4 and amend his interrogatory responses. For the following reasons, the motion is gran...

Excerpt: ...mmary judgment as a matter of law. For the following reasons, the motion is denied: Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be est...

Excerpt: ...l Procedure section 1019.5, forthwith. The motion to expunge lis pendens was filed 1/12/18 and was set to be heard on 2/6/18. On 1/31/18 Plaintiff filed a notice of withdrawal of lis pendens and on 2/1/18 dismissed his complaint. Accordingly, the motion to expunge lis pendens is moot in light of the withdrawal of lis pendens. As to the request for attorney's fees and costs, Code of Civil Procedure section 405.38 provides that “the court shall d...

Excerpt: ... in the amount of $61,615 on 8/28/17. Thereafter, on 9/29/17 Jerome quitclaimed over real property located in Palm Desert in favor of himself as Trustee of the Dolores Adelman Separate Property Trust. Jerome has been named individually as a defendant as well as trustee. The transfer was allegedly made to defraud Ronald as judgment creditor; therefore the transfer should be void. Ronald asserts that these allegations are sufficient to support puni...

Excerpt: ...een the same parties on the same cause of action.” (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789.) Defendant claims without reference to the causes of action asserted herein, much less, any analysis of those causes of action and the matters pending in the Family law court that this matter is still pending in the Family Law court. Without more, the Court cannot determine whether this action is barred by the Family Law ...

Excerpt: ... to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On 04/03/2105, Plaintiff filed her original complaint for: (1) assault, (2) battery, (3)intentional infliction of emotional distress (“iied”) and (4) breach of lease based upon allegations that from April 10, 2014, through February 2015, Plaintiff, who leased residential property from Defendant, was by threat of use of a gun, assaulted by Defendant, that on a numbe...

Excerpt: ...s that it is not a party to the CC&Rs it is alleged to have breached. For the following reasons the motion is granted without leave to amend. US Bank is not a party to the CC&Rs. The First Amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements so as to be able to rent out the Subject Property or ...

Excerpt: ...he Fourth Amended Complaint (“FAC”) alleges four causes of action as follows: 1) Breach of Contract, 2) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. The FAC was filed 7/10/14. On 11/19/14, Plaintiff filed a proof of service reflecting personal service on 11/11/14 on Equity Trust Company FBO Scott McKhann Traditional IRA (“Equity”) as to the summons and FAC. On 12/12/14, default was entered as to Equity. On 3/5/15, a c...

Excerpt: ...ges that on 07/29/2015, she injured her ankle when she stepped into an uncovered, unmarked hole while walking her dog at Lake La Quinta. Plaintiff filed this action against the Association and O'Connell Landscape Maintenance, Inc. and later by Doe Amendment named Desert Resort Management, Inc., claiming that Defendants failed to maintain the premises where the incident occurred. The Association filed the subject cross‐complaint for express inde...

Excerpt: ...hwith. GRANT motion for attorney's fees of $29,730.00 and costs of $3,678.76 for a total award of $33,408.76. After almost two years of litigation, the parties resolved this case via an offer to compromise in the amount of $32,500.00 by Defendant Ford Motor, which was accepted by Plaintiffs. Plaintiffs now move the court for an award of attorney's fees and costs totaling $48,273.76. Plaintiffs' counsel's declaration states that legal services in ...

Excerpt: ... whether this Court can issue monetary sanctions for, as the Court referred to in its prior tentative ruling, “fees…incurred in the bankruptcy proceeding.” As explained more fully below, after considering the parties' supplemental briefs, the Court concludes that it does have the power to issue the requested sanctions, that the 21‐day “safe harbor” provision does not apply, but that the requested sanctions are not warranted. The Court...

Excerpt: ...b's (“Moreb”) First Amended Complaint. This Court sustained with leave to amend as to the 1st, 2nd, 4th, 5th , 6th, 9th and 10th causes of action for 1) Negligent Misrepresentation, 2) Promissory Estoppel, 4) Breach of Contract, 5) Violation of Civil Code §2923.55, 6) Violation of HBOR, 9) Cancellation of Instrument, and 10) Demand for Accounting. This Court sustained without leave to amend as to the 8th cause of action for Wrongful Foreclos...

Excerpt: ...in the amount of $31,662.83 following a hearing before hearing Officer Rodell Frick. Petitioner then filed this writ under both CCP section 1085 and 1094.5 seeking “a Peremptory Writ of Administrative Mandamus or Mandate ordering Respondents to set aside Respondent Hearing Officer Fick's decision, or purported decision, allowing Respondent City of Coachella to seek $31,662.83 from Petitioner and issue a new order granting Petitioner's r...

Excerpt: ...ard Meaning were criminally charged by the Riverside District Attorney on or about February 16, 2017 with several acts of bribery of Pougnet by Meaney in violation of Government Code §§1090 and 1092, including the sale of the Prairie Schooner Parcel by the City. The Complaint alleges that Defendant Meaney was at all relevant times “an agent, employee, officer, director, member, owner and/or shareholder of Defendants O&M, NEXUS and NDC.” Com...

Excerpt: ...e to timely file case management conference statements. Defendant David Mount is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Page 2 of 2 Relief is mandatory. “(W)henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, (the court shall) ...

Excerpt: ...and give notice pursuant to Code of Civil Procedure sesction 1019.5, forthwith. The legal theory supporting the complaint is that by electing to pursue a money judgment against the Kauras and Valley & Mountain in the underlying action, Stabilis (including through its purported alter ego Indio Funding) has waived its security interest in the property and that as a result no title could be conveyed at any foreclosure held by either Stabilis or Indi...

Excerpt: ...ntract. The Court sustained the demurrer to each cause of action in the First Amended Complaint (“FAC”) with leave to amend. The demurrer is based upon the grounds that each c/a fails to state a cause of action. For the following reasons, the demurrer is overruled with thirty (30) days leave to answer. 1 st c/a‐Plaintiff has alleged that Defendant discharged him because of his age. The elements of a cause of action for age discrimination ar...

Excerpt: ...rd Amended Complaint (“TAC”) for (1) negligence, (2) elder abuse (Hanson), (3) negligence/willful misconduct and (4) elder abuse (Senior Care) is based upon allegations that Defendants (“Ds”), a company providing home care services to Plaintiff (“P”) and its employee Kaylen Hansen, failed to provide P safe home care and allowed P, who need assistance to walk because he was a “fall risk”, to go to the bathroom by himself, and that ...

Excerpt: ...the owners and property managers of the mobile home park where plaintiff resides, from enforcing liens based upon fines levied against Plaintiff for alleged construction on his space in violation of park rules and city ordinances. Essentially, Plaintiff claimed that he had a medical need to enclose his car port and that the park's actions constituted illegal disability discrimination/harassment. On 02/14/2013, Plaintiff filed his First Amended Co...

Excerpt: ...ivil Procedure section 1019.5, forthwith. Defendant Duke Partners, LLC filed an Answer to the Second Amended Complaint (“SAC”) setting forth 12 affirmative defenses (“a/ds”). The demurrer is based upon the grounds each a/d fails to state a defense and is uncertain. For the following reasons, the demurrer is overruled as to the 1 st and 5th affirmative defenses; sustained with leave thirty (30) days to amend as to the 2nd through 4th affir...

Excerpt: ...guments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” ([CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934—trial court not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”) ...

Excerpt: ...fendants are named on each cause of action. Each cause of action (or affirmative defense) should be separately stated, must be separately numbered, and must identify the parties asserting the claim and against whom it is asserted. CRC, rule 2.112. Thus, each separately stated cause of action should state: — its number (e.g., “FIRST CAUSE OF ACTION”); — the party asserting it if the complaint is filed on behalf of more than one plaintiff (...