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