Excerpt: ...t's surviving spouse. Both parties have filed competing petitions under Probate Code 850 (850 petitions). The subject asset is real property located at 960 N. Palm Canyon Drive, Palm Springs, CA (the Property) and the operating hotel thereon (the Canyon Club). Decedent and Petitioner were members of an LLC that operated the Canpn Club. The competing 850 petitions together constitute a dispute as to whether the Property is now owned by the estate ...

Excerpt: ...hat follow. Page 5 of 6 FACTS AND PROCEDURAL BACKGROUND Respondents Janis Carrillo and Maggie Edwards have brought a motion for judgment based upon a settlement entered into in open court on January 17, 2023. The motion is unopposed, and is meritorious for the reasons that follow. CCP section 664.6 provides that: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the ...

Excerpt: ... Matin Aghania's demurrer to the second cause of action in the first amended complaint (FAC) because California does not recognize a cause of action for negligent interference with contractual relations. (See Davis v. Nadrich (2009) 174 Cal.App.4th 1, 9.) The court further sustained, albeit with leave to amend, Aghania's demurrer to the fourth cause of action for negligent interference with prospective economic advantage. The court overruled the ...

Excerpt: ... DENY the motion with respect to requests 3-5, and 8-14. The court further intends to engage the parties at oral argument in a discussion about requests 15 and 16. The court will tentatively GRANT the motion with respect to requests 15 and 16 and order SoCal Gas to produce a privilege log. FACTS Integrity Specialists International, Inc. and Brandon Hillman (collectively "Plaintiffs") contend that since April 2018, they have maintained a contractu...

Excerpt: ... to prevent cause of action to the extent it relies on a theory of discrimination, but the court will DENY the motion to the extent the failure to prevent cause of action relies on a theory of harassment. The court's further tentative ruling is to DENY defendant Jason Smith's motion for summary judgment. The court grants the requests for judicial notice. The court also overrules all evidentiary objections. While itis perhaps true that plaintiff's...

Excerpt: ... ("truck") was being driven by non-party Richard Lamar Brown on the 1-10 freeway in Riverside County. Defendant Armando Gonzales Cardin ("Cardin"), who was under the influence of alcohol, collided with the truck causing substantial damage. Plaintiff alleges that his truck, which was insured by Defendants Lancer Insurance Company and Lancer Management Company ("Lancer"), was determined by Lancer to be a total loss when in reality it was only parti...

Excerpt: ... against Defendant Palo Verde Hospital-Palo Verde Healthcare District. However, leave to amend will be denied as to the new whistleblower retaliation causes of acton due to Plaintiff's failure to comply with the Government Claims Act. This is an alleged racial discrimination case. Plaintiff Brenda Featheran ("Plaintiff"), who is African-American, was employed by Defendant Palo Verde Hospital and Palo Verde Healthcare District ("Defendant") as a l...

Excerpt: ...subject of judicial notice), 8, 9, 10, 11, 12, 13, and 14. The remaining objections are OVERRULED.I FACTS According to the first amended complaint (FAC), on June 9, 2019, Plaintiff Shenji Liu dba Stone Buddha Transport's ("Plaintiff") tractor- trailer truck ("truck") was being driven by non-party Richard Brown on the 1-10 freeway. Defendant Armando Cardin ("Cardin"), who was allegedly under the influence of alcohol, collided with the truck causin...

Excerpt: ...(Code Civ. Proc., §§ 526, 1086.) While the losses alleged are substantial, they are nevertheless economic ones, and there is insufficient evidence to conclude that an award of money damages will not sufficiently compensate plaintiff/petitioner. The evidence submitted at this stage is also insufficient to establish a binding commitment between the parties to establish a long‐term lease or extension of the previous lease, as would be necessary ...

Excerpt: ...ly 7, 2021, Plaintiffs filed their operative First Amended Complaint (“FAC”) alleging (1) breach of express warranty in violation of Song‐Beverly, (2) breach of implied warranty in violation of SongBeverly, and (3) a violation of Civil Code section 1793.2 (duty to maintain sufficient service and repair facilities). Plaintiffs allege that on November 15, 2019, they purchased a new 2019 Ram 1500 pickup truck manufactured and distributed by FC...

Excerpt: ...gery and fraud.” Defendant's demurrer alleges that plaintiff's “forgery and fraud” allegations are based, if at all, on declarations submitted in support of defendant's previous successful motion for summary judgment in case BLC1900255. This may in fact be true, but the court cannot ascertain this information definitively from the evidence before it. The court is also largely of the view that defendant is correct when it argues that its pri...

Excerpt: ... reviewed in the court of appeal thereby divesting this court of jurisdiction. (Code Civ. Proc., § 916; Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 196‐199.) Second, the court agrees with respondent that the October 13, 2021, minute order constitutes an order or judgment of contempt that qualifies for appellate review. (Code Civ. Proc., § 1222; Moss v. Superior Court (1998) 17 Cal.4th 396, 404, fn. 3.) The court here is car...

Excerpt: ...ons 337.1 and 337.15 to defendant City of Blythe's (city) cross‐complaint seeking indemnity. (See, e.g., Magnuson‐ Hoyt v. County of Contra Costa (1991) 228 Cal.App.3d 139 [A county may raise the statute of limitations defense codified in CCP 337.15. The court therefore believes the defense may also be raised against a city or county.]) In this inverse condemnation and nuisance action against city, city has cross‐complained against two cont...

Excerpt: ... city's enforcement of ordinance 1189. The general rule is that courts retain power to vacate or modify injunctive orders at any time. (Code Civ. Proc., § 533; Ward v. McKinsey (1929) 98 Cal.App.108, 111 [“[T]he court which has granted a preliminary injunction ex parte … may dissolve or modify it of its own motion wherever it becomes satisfied that the order was improvidently or erroneously made.”]; Minick v. City of Petaluma (2016) 3 Cal....

Excerpt: ... AMEND defendant ARB Inc.'s (ARB) demurrer to the third, fourth, and fifth causes of action in the second amended complaint (SAC) filed by plaintiff Johnson‐Peltier (JP). JP shall be granted 30 days to file a third amended complaint. Barring unusual and extraordinary circumstances, leave to amend shall not be granted again. This case arises out of a construction contract dispute between general contractor ARB and its subcontractor JP. Southern ...

Excerpt: ....5th 666, 708 [citation and internal quotations omitted]; see also Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, 453 [exhaustion requirement is a jurisdictional prerequisite and not a matter of judicial discretion]; Pub. Resources Code, § 21177.) A CEQA petitioner bears the burden of demonstrating that administrative remedies have been exhausted. (Sierra Club v. City of Orange (2008) 163 Cal.App.4th 523, 536.) Importantly, whe...

Excerpt: ... contract, common counts, and quantum meruit, the first two COAs being the subject of check‐box pre‐ printed allegations in the form. Quantum meruit, another common COA, is listed next to the “Other” box on the form. These facts alone largely justify overruling the demurrer. However, the court will also rely on the following. Plaintiff alleges that defendant has failed to fully pay for billed services as required under Health & Safety Cod...

Excerpt: ...ertently omitted from the notices that issued. The court's further tentative is to continue this matter until August 8, 2022, at 10:00 a.m., in Dept. S205 of the superior court and to maintain the preliminary injunction in full force and effect until that date and time. Respondents are hereby invited to respond to petitioners' filing of today, July 8, 2022, and petitioners may of course respond to any written submission provided by respondents. T...

Excerpt: ...isinclined to award petitioners more than $15,000 in fees for preparing and litigating this motion. This is not meant to minimize the importance or complexity of the issues at hand. However, $15,000 is more than many retainers in criminal and family law cases, and given the relatively short life of the project at issue, $15,000 seems to be a fully adequate sum for time spent preparing and litigating this motion. Next, going backwards in time, the...

Excerpt: ... Plaintiff alleges that the subject vehicle had unrepairable defects related to the transmission. Specifically, he alleges that 2010‐2019 Chevrolet vehicles, including his, came equipped with a defective 8L90 MYC Hydra‐Matic Automatic Transmission that caused (1) reduced acceleration at low speed and/or (2) transmission‐slipping at launch as well as (3) sudden shuddering during acceleration. Plaintiff alleges the vehicle was presented to GM...

Excerpt: ...signation by Absence without Leave” on November 6, 2018. According to the petition, respondent terminated petitioner's employment due to her failing to return to work for five consecutive days (October 31, 2018 through November 6, 2018) following approved leave. Petitioner however contends that she was not absent without leave (“AWOL”). She further argues that she substantially complied with respondent's procedures to extend her leave and t...

Excerpt: ..., 2021. Defendant has never made an appearance in the action nor has he filed an answer or general denial. On March 1, 2021, plaintiff filed a request for entry of default. On April 6, 2021, the court's case management system automatically generated an October 8, 2021, order to show cause (OSC) hearing due to plaintiff's failure to file a default judgment. (See Cal. Rules of Court, rule 3.110, subd. (h).) The notice of hearing was mailed to plain...

Excerpt: ...f public property and (2) negligence against the County of Riverside (defendant). Defendant demurs to the complaint on the grounds that it fails to state facts sufficient to support a cause of action. (Code Civ. Proc. (CCP), § 430.10, subd. (e).) It further argues that the complaint is limited to the initial government tort claim, and that the tort claim failed to allege a dangerous condition. The demurrer also argues that the complaint fails to...

Excerpt: ... three case management conferences (CMCs) and one trial setting conference (TSC). On October 8, 2021, the court granted two motions to compel discovery (interrogatories and requests for production) brought by plaintiff State Farm Mutual Automobile Insurance Company (State Farm). Both motions were unopposed by defendant Anton Lewis who has been represented by counsel throughout all proceedings. Counsel for defendant Lewis did not appear at the hea...

Excerpt: ...t on August 2, 2019, Southern California Gas Company (SCG) and Defendant ARB entered into a written construction services contract to replace compressors and auxiliary equipment at Plant 4 of the Blythe Compressor Station located at 13100 W. 14th Street in Blythe (Project). Plaintiff alleges that defendants ARB and Hercon are affiliates owned by the same parent company and that they have the same employees. On August 22, 2019, Plaintiff allegedly...

Excerpt: ...o children, one of whom is 6 years old. Due the age of the 6‐year‐old, that plaintiff (Emani Way) has requested trial preference pursuant to section 36 of the Code of Civil Procedure. It should be noted that none of the plaintiffs were percipient witnesses to the motor vehicle collision at issue. The complaint in this matter was filed on November 4, 2021. Defendants filed an answer on January 12, 2022. Defendants oppose the motion, and they n...

Excerpt: ...ELLI ENTERPRISES by ARB, INC. BLC2000178 REBAR ENGINEERING INC vs ZAMBORELLI ENTERPRISES Hearing re: Demurrer on 1st Amended Cross‐ Complaint of ZAMBORELLI ENTERPRISES by HERCON COMPANY, INC., A CALIFORNIA CORPORATION Tentative Ruling: The moving parties in the foregoing demurrers and motions are represented by the same counsel, and the issues raised therein are factually‐related. The court therefore addresses them together. The court's tenta...

Excerpt: ...for any confusion caused regarding sanctions possibly issuing pursuant to the court's order to show cause (OSC). A notice regarding sanctions is automatically generated by the court's electronic case management system whenever an OSC is scheduled and irrespective of the OSC's purpose. In no way shape or form has Mr. Murphy or any other attorney in this case engaged in any conduct warranting sanctions, and any insinuations to the contrary are unin...

Excerpt: ...ound 6:33 p.m. on Monday, February 28, 2022, less than 9 court days before the hearing. (Code of Civ. Proc., § 1005, subd. (b).) In paragraphs 12‐40, Zamborelli's FACC alleges the following: “This lawsuit arises out of the construction of a compressor station (“Project”) located at 13100 W. 14th Ave., Blythe, CA 92225 (“Property”). SCG and Zoes 101‐ 110 are the owners of the Property. [¶] … SCG paid Cross‐ defendant [AMEC Fost...

Excerpt: ...on was filed on August 7, 2018. It has not been prosecuted expeditiously. On December 7, 2018, the Honorable Burke Strunsky, Judge, sustained defendant California Department of Corrections & Rehabilitation's (CDCR) demurrer to the complaint. On January 3, 2019, a first amended complaint (FAC) was filed. On March 22, 2019, the Honorable Kira Klatchko, Judge, sustained defendant CDCR's demurrer to the FAC. On April 11, 2019, a second amended compla...

Excerpt: ...defendants”) motion to strike portions of the first amended complaint (FAC): “Corporate defendants Lancer Management Company, Inc. and Lancer Insurance Company filed a motion to strike on September 1, 2021, and a hearing date was set for October 8, 2021, roughly 26 court days after the date of filing. As is now authorized by California law, the motion was properly served that same day via email. Mail service also occurred. Plaintiff's opposit...

Excerpt: ...ere summarized in the court's tentative ruling of January 23, 2022, beginning at page 8. In sum, in the Fall of last year, respondent city of Rancho Mirage notified petitioners VRON and others that their short‐term‐rental (STR) permits issued pursuant to the court's injunction would expire on December 31, 2021. The city neither asked for nor had it been granted authority to unilaterally impose a termination date on the STR‐permits issued un...

Excerpt: ...ermits to (1) all remaining petitioners who (2) held valid short‐term rental‐permits as of December 31, 2020, but (3) only for the specific properties for which permits had been issued for year 2020. Subsequent proceedings revealed that approximately 25‐30 residences in Rancho Mirage qualified for permits under the court's modified injunction. This case involved various protracted proceedings for most of the first half of 2021. By the summe...

Excerpt: ...and its prayer plaintiffs' requests for certain damages prohibited by Code of Civil Procedure (CCP) section 377.34. The court's tentative ruling is to GRANT in part and DENY in part the motion to strike paragraphs 14‐16 and DENY the motion to strike pursuant to section 377.34. Melvin Walker is unfortunately deceased. Shortly before his death in 2020, Walker resigned his position with defendant as a Junior ROTC instructor due to allegedly enduri...

Excerpt: ...very sanctions in the amount of $1,100. The court further ordered that responses to the form interrogatories and requests for production be served no later than November 19, 2021. Defendant Anton Lewis and his attorney of record filed no opposition to the motions and made no appearance at the hearing. On December 7, 2021, plaintiff filed the instant motion. Like the motions to compel aforementioned, this motion is unopposed. The motion's sworn de...

Excerpt: ...ners, LLC (IPDP) proposed a commercial development project to the City of Menifee (city) to be built on land IPDP had purchased from SFU Investments, LP (SFU). However, later that same year IPDP backed out of the project, and respondent city rescinded all project approvals. A primary motivating factor for IPDP's abandonment of the project appears to be its relinquishment of title1 back to SFU due to the discovery that important Native American tr...

Excerpt: ...is that unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.250, subd. (c).) To grant an order to seal court records, the court must expressly find that: (1) an overriding interest exists that overcomes the right of public access to the records; (2) the overriding interest supports sealing the records; (3) a substantial probability exists that the overriding interest will be...

Excerpt: ...3 acres for the gen‐tie [transmission] line) in the Palo Verde Mesa area of Riverside County, which is located five miles northwest of central Blythe and 40 miles east of Desert Center in Riverside County. The Project consists of a solar field of solar trackers, two on‐site substations, an operations and maintenance building (O&M), inverters, underground interior collection power lines between inverters and substations, and interior access ro...

Excerpt: ...o the authorities recited in detail in the prior ruling. The motion now before the court has been raised with respect to plaintiff's third amended complaint (TAC). In the TAC, plaintiff alleges that David Bayles (the owner of defendant business) and store managers Steve Lindbergh and Lori Faulkner all knew and were aware that defendant's maximum leave policy was in violation of law. (TAC, ¶ 22.) The TAC further alleges that the aforesaid individ...

Excerpt: ...t on February 22, 2021, alleging breach of contract, open book account, and account stated in the amount of $11,701.14. The court's review of the complaint and attached exhibit reveals that on or about May 3, 2019, defendant entered into a 5‐year, $10,000 loan with an annual percentage rate of 35.99%. Defendant filed an Answer on March 22, 2021. Defendant now moves to compel plaintiff to arbitrate its claims pursuant to the arbitration provisio...

Excerpt: ...ioning of an up to 450 megawatt (MW) solar facility (hereafter “the Project”) located on approximately 3,400 acres in the Palo Verde Mesa area about five miles northwest of central Blythe. 3,250 of the 3,400 acres are designated as the solar facility site whereas 43 acres are to be utilized for a gen‐tie transmission line. (Administrative Record (“AR”) 434, 435.) The Project consists of a solar field of solar trackers, two on‐site sub...

Excerpt: ...t SUMMARY OF THE COURT'S TENTATIVE RULINGS Defendants California Department of Corrections & Rehabilitation (“CDCR”), Patricia Prieto, and Javier Smith have demurred to plaintiff Lilia Wilson's second amended complaint (“SAC”). For the reasons that follow, the court's tentative rulings are as follows: With respect to defendant CDCR, the court will OVERRULE the demurrer as to the first and third causes of action, SUSTAIN WITH LEAVE TO AMEN...

Excerpt: ...permittee for renting a 2020‐STRpermitted property on a short‐term basis without a 2021 STR permit ….” (Proposed Order Modifying Preliminary Injunction.) b. “[I]mmediately renew any 2020 STR permits and issue 2021 STR permits that Respondents previously denied on the basis of Ordinance 1174, including the STR permits of the members of VRON RM, Allicia Louisa Davis, Scot [sic] Shanstrom, and all of the declarants who made declarations in...

Excerpt: ...ndant General Motors's (“defendant”) demurrer to the third cause of action in the first amended complaint (“FAC”). The court's sustaining of the demurrer mooted defendant's alsopending motion to strike. Plaintiff Mike Miranda (“plaintiff”) had filed discovery motions that were pending on that same date (June 25) while others had been scheduled for the following Friday, July 2, 2021. The court therefore ordered the parties to meet and ...

Excerpt: ...r Court (2002) 29 Cal.4th 473, 481‐484; Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 984, 988‐993.) The court will entertain oral argument as to whether the demurrer should be sustained with or without prejudice. Plaintiff has brought suit against defendant pursuant to the Song‐Beverly Consumer Warranty Act, aka ‘the Lemon Law.' (Civ. Code, § 1790, et seq.) Cause of action (“COA”) number one alleges a breach of ...

Excerpt: ...allege in the FAC that defendant PVC is not listed in the “Roster of Public Agencies” created by section 53051. FACTS Defendant Blythe Post Acute is a skilled nursing facility. Defendants Stewart Smith and Mindy Love are registered nurses and defendant Kelly Vasquez is the Director of Nursing. All individual defendants work at Blythe Post Acute. Plaintiff began working for Blythe Post Acute (“BPA”) as a Certified Nursing Assistant (“CNA...

Excerpt: ...er hearing oral argument. 2. GRANT defendant's Palo Verde College's motion to strike. On February 6, 2021, the court sustained defendant Palo Verde College's demurrer to the original complaint and it also provided plaintiff, a state prison inmate, with 45 days to amend. Plaintiff had failed to oppose both the demurrer and the motion to strike and he did not make an appearance at the February 6, 2021, hearing. Unbeknownst to the court at the time ...

Excerpt: ... complaint's prayer. Plaintiff will be granted 30 days with which to file a third amended complaint assuming it opts to do so. Defendant has moved to strike the second amended complaint's allegations in support of an award of punitive damages as well as the portion of the prayer requesting same. (Code Civ. Proc., §§ 436, subd. (a), 431.10.) Punitive damages are authorized where the tortious event in question involves an additional component of ...

Excerpt: ...he special motion to strike with respect to all other respondents in the case. Finally, the court's tentative is to DENY both sides' requests for costs and attorney's fees, as neither side has submitted declarations or other evidence supporting the requests. The primary question before the court is the propriety of respondents' special motion to strike under Code of Civil Procedure section 425.16,1 the so‐ called anti‐SLAPP (Strategic Lawsuit...

Excerpt: ...ll likely sustain the demurrer without leave to amend. On December 23, 2019, in case RIC1718458 (“Citizens I”), the Hon. Randall Stamen, Judge, issued a peremptory writ of mandate to respondent directing it to either supplement, or file an addendum to, the existing environmental impact report regarding two issues: soil contamination and wildlife mitigation (burrowing owl habitat). The writ further provided that: “Under California Public Res...

Excerpt: ...ll likely sustain the demurrer without leave to amend. On December 23, 2019, in case RIC1718458 (“Citizens I”), the Hon. Randall Stamen, Judge, issued a peremptory writ of mandate to respondent directing it to either supplement, or file an addendum to, the existing environmental impact report regarding two issues: soil contamination and wildlife mitigation (burrowing owl habitat). The writ further provided that: “Under California Public Res...

Excerpt: ...are generally overbroad, including their requests for records extending back 15 years before the collision at issue. However, the court—like defendant apparently—is confused to some degree at the nature of the injuries at issue. The court will therefore attempt to summarize the evidence contained in the motion, opposition, and reply. The collision in this case allegedly occurred on October 5, 2016, and presumably on the I10 freeway. “Presum...

Excerpt: ...the district's high school which tenure lasted for approximately ten years. For the 2018‐2019 school year, petitioner was transferred to Felix J. Appleby Elementary (“Appleby”) to teach special education in the “Bridge Program.” Plaintiff contends that he was inadequately trained for the position and was not provided with proper resources, and he further alleges that the move was a punitive one. Petitioner's termination from the distric...

Excerpt: ...enue 52 [in Indio] outside of [a] … crosswalk when a presumably inattentive driver took his eyes off the road to turn around and attend to his child in the backseat ….” The driver struck and killed the decedent in the westbound lanes of Avenue 52 about a quarter‐mile east of the Avenue 52‐Monroe Street intersection. Plaintiffs are the decedent's parents. This unfortunate homicide occurred on the first evening of the 2016 Coachella Valle...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...e (no. 1174) that substantially restricts short‐term rentals (“STRs”) within the city. The ordinance is not a model of drafting clarity, but it appears to ban STRs of “twenty‐seven consecutive calendar days or less” for any single‐family residence not within a common interest development (“CID”). (Civ. Code, §§ 4000, et seq.; City of Rancho Mirage (“CRM”) ordinance no. 1174, §§ 3.25.010 (“Applicability”), 3.25.030 (�...

Excerpt: ...lic college). Further, plaintiff has failed to allege a statute upon which defendant's liability, if any, is based. This is also a well‐established requirement under California law, both statutory and decisional. (Gov. Code, § 815; Hoff v. Vacaville Unified School Dist. (1998) 19 Cal.4th 925, 932; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785, fn. 2.) Finally, plaintiff has failed to allege facts sufficient to sustain a ...

Excerpt: ...2004) 32 Cal.4th 820, 829; Howlett v. Rose (1990) 496 U.S. 356, 365.) The Court further notes that on January 5, 2021, well after the demurrer in this case was filed, plaintiff Anthony Hernandez filed a request for dismissal of the first cause of action. As to the second cause of action, one alleging negligence, the Court's tentative ruling is to SUSTAIN WITH LEAVE TO AMEND defendant State of California's demurrer. The long‐standing rule in Cal...

Excerpt: ...2004) 32 Cal.4th 820, 829; Howlett v. Rose (1990) 496 U.S. 356, 365.) The Court further notes that on January 5, 2021, well after the demurrer in this case was filed, plaintiff Anthony Hernandez filed a request for dismissal of the first cause of action. As to the second cause of action, one alleging negligence, the Court's tentative ruling is to SUSTAIN WITH LEAVE TO AMEND defendant State of California's demurrer. The long‐standing rule in Cal...

Excerpt: ...urt will begin by reciting the core facts and procedural history of this litigation. On or about September 26, 2019, counsel for petitioner “Save Rancho Mirage” sent a letter to respondent City of Rancho Mirage raising concerns, including environmentally‐related concerns, about a proposed “In‐N‐Out Burger” restaurant (hereafter “the Project”) to be built in the Rancho Las Palmas Shopping Center in Rancho Mirage. According to the...

Excerpt: ...ary 13, 2020, exactly 16 court days before the OSC hearing, Petitioner filed a motion for attorney's fees and supporting declaration. (Code of Civ. Proc., §§ 1005, 1021.5.) The motion and supporting declaration made no mention of the Court's OSC nor any issues raised therein. The following day, February 14, 2020, Real Party in Interest “In‐N‐Out Burgers” filed a response to the Court's OSC. Without conceding it had been properly served ...

Excerpt: ... it is undisputed that Petitioner failed to file a request for hearing within 90 days of filing the original petition as required by Public Resources Code (“PRC”) section 21167.4. Miller v. City of Hermosa Beach (1993) 13 Cal.App.4th 1118, upon which Petitioner relies, involved a request for relief from default brought after the underlying petition had been dismissed pursuant to PRC section 21167.4. The same may be said for McCormick v. Board...