Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. However, AVI did not inspect the property. Instea...

Excerpt: ...ge Property Fund 2 016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on November 27, 2023. The FAC set forth eleven causes of action: (1) Violation of HBOR – Dual Tr acking (against RMF); (2) Breach of Contract (against Breckenridge); (3) Gross Negligence (against Breckenridge); (4) Intentional Misrepresentation (against...

Excerpt: ...oice”), and Anschutz Entertainment Group, Inc. (“AEG”) for: (1) negligence (against all Defendants); (2) strict liability (against Palma only), and (3) premises liability (against Goldenvoice and AEG). Plaintiff alleges that on April 23, 2022, while attending the Coachella Va l ley Music and Arts Festival (“Coachella”), located at 81 -800 Avenue 51, Indio, California (the “Premises”), Plaintiff was bit by a dog brought onto the Prem...

Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...

Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) filed a Complaint against ...

Excerpt: ...ant”). He co ntends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ex press written warranty, and (5) breach of implied warranty of merchantability. Plaintiff brings the instant motions. He brought a prior motion to compel the Person Most Quali�...

Excerpt: ..., and Eisenhower Medical Group (“ EMC”) (together “Defendants”) for: (1) negligence (against Invacare and Compass); strict liability – failure to warn (against Invacare and Compass); (3) strict liability – manufacturing defect (against Invacare and Compass); (4) strict liability – design d efect (against Invacare and Compass); (5) breach of the implied warranty of merchantability (against Invacare and Compass); (6) negligence (again...

Excerpt: ...Commerci al Capital Loan Trust 2021-3. The deed of trust secures a $937,500 Note that carried a 7.99% interest rate. (Lawrence declaration, Exhibit “6”.) It should be noted in Plaintiff's Complaint that the alleged interest rate was 9.6%. While in his complaint P laintiff alleges that the property is his personal residence, supporting documents executed simultaneously with the deed of trust show that the property was intended to be operated a...

Excerpt: ...sts to movi ng party in the amount of $510.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Felix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (...

Excerpt: ...ty -owned roadway. Defendant City brings this demurrer to Plaintiff's Second Amended Complaint (“SAC”) on the second cause of action for dangerous condition of government property. This demurrer is brought after the Court's sustaining an earlier demurrer to Plain tiff's First Amended Complaint (“FAC”) on the ground of Plaintiff's failure to allege facts sufficient to state a cause of action for a dangerous condition of government property...

Excerpt: ...en O'Neill (“ O'Neill”) owns a mobile home located at 74711 Dillon Road, Space 416 in Desert Hot Springs, which Stargardt rented. Stargardt alleges there were various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful inter...

Excerpt: ...tion for breach of contract and breach of the covenant of good faith and fair dealing, respectively. Defendant is ordered to file an answer to the First Amended Complaint within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019 .5. This action involves a dispute over misrepresentations allegedly made to an owner of a commercial property by a general contractor who submitted documentations seeking payment for...

Excerpt: ...oth parties reside in Georgia, but travelled to California, including Napa Valley and Riverside County, where Plaintiff alleges some of the violence occurred. This action was initially filed in Napa County on November 26, 2019 and subsequently transferred to Riversid e County by stipulation, following Plaintiff's successful appeal of a ruling granting Defendant's motion to quash service of summons. The Complaint alleges causes of action for dome...

Excerpt: ...tha Coro na, Alfred Corona, and Maria De Jesus Rosas Lopez, allege that on 12/26/22, Defendants, Eloy Figueroa Trucking, Inc. (Figueroa Trucking); Francisco Castillo -Cendejas; Bagdasarian Farms, LLC; and Bloom to Box Crop Care, Inc., negligently owned, operated, en trusted the Freightliner so as to cause a collision with Plaintiffs' vehicle causing them to sustain severe injuries and damages. Plaintiff, Maria Corona was the driver of her vehicle...

Excerpt: ...ssage En v y. Pl aintiff alleges sh e was termin ated af ter s h e protested unsafe instructions to personally engage with clientele, and to contact them directly to solicit their business on an unrecorded line. Plaintiff filed the original complaint on July 17, 2023 and the operative First Amended Complaint on November 2, 2023 (“FAC”), alleging 1) whistleblower retaliation (Labor Code §§ 1102.5 et. seq.), and 2) wrongful termination in vi...

Excerpt: ...l be perm itted. This is a lemon law case stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly aft...

Excerpt: ...acate afte r being served with a 60-Day Notice to Quit, failing to pay rent due on 2/1/22, taking all of the furnishings/personal property of Plaintiff when they vacated the premises; and fraudulently delaying legal proceedings to harm Plaintiff knowing he intended t o sell the property. Plaintiff filed his operative Second Amended Complaint (SAC) on 12/22/22 alleging four causes of action: 1) breach of contract; 2) common counts; 3) conversion;...

Excerpt: ...ined a h ead injury and concussion. She was driving her vehicle at the time of the accident with a blood alcohol level above the legal limit. She was arrested at the scene by police officers from Cathedral City. Although she had a head injury, she was not taken to a hospital nor examined by medical personnel. Instead, she was booked at the Riverside County John Benoit Detention Center, and did not receive medical care at the jail. The next mornin...

Excerpt: ... Co., Inc. (“AHM”). (Id .) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM and its representative were unable to repair. (Compl. ¶¶ 11, 32.) On December 30, 2022, Plaintiff filed the Complaint in this action against AHM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) Civ. Code § 1793.2(a)(3); (4) breach of the...

Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...

Excerpt: ... 3 and 5. Plaintiff granted leave to file Third Amended Complaint fixing only prayer for damages section within 5 days of this order becoming final. Page 2 of 14 Defendants to file their answer within 20 days of this order becoming final. Moving party Defendan t Haier US Appliances to provide notice pursuant to CCP 1019.5. Janice Ciletti (“Plaintiff”) initiated this products liability action. Plaintiff alleges that on December 27, 2018, ...

Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...

Excerpt: ...CP 1019 .5. This is an employment dispute. On October 1, 2023, Plaintiff, Guadalupe Garcia (“Plaintiff”) filed a Complaint against her employers, Defendants, Canyon Villas Place, LLC (“Canyon Villas”) and The River Apartments, LLC (“River Apartments”) (together “ Defendants”), asserting 20 causes of action for FEHA and Labor Code violations. Plaintiff's claims generally arise out of Defendants' alleged improper treatment and term...

Excerpt: ...ited to th e bumper-to -bumper warranty, powertrain warranty, emission warranty, etc. (Id. at ¶ 7, Ex. A.) During the applicable express warranty period, the subject vehicle developed defects and nonconformities to warranty, including but not limited to transmission defects, suspension defects, among others. (Id. at ¶ 11.) Plaintiff delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conform the veh...

Excerpt: ...alleging sigh t (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warran ty of Habitability Pertaining to Interior Maintenance (Civ. Code, § 1941.1); 5) Breach of Warranty of Habitability pertaining to Exterior Maintenance (Civ. Code, § 1941.1); 6...

Excerpt: ...vehicle d eveloped various defects, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶ 11.) The nonconformities Plaintiff complains of include transmission defects, suspension defects. (Ibid.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to either promptly replace the vehicle or make r...

Excerpt: ...ays of ser vice of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Fe lix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (“Lourdes”) and Marco Antonio Tejada (“Marco”) (...

Excerpt: ...d on Jan uary 17, 2023. Plaintiff's initial pleading consisted of a petition for writ of mandate and complaint for contract claims. At a June 22, 2023 status hearing, the Court set hearing on the writ of mandate for January 11, 2024. (Minute Order dated June 22, 2023; Declaration of Ryan T. Waggoner iso Motion [“Waggoner Decl.”], ¶ 4.) Plaintiff subsequently moved for leave to amend the Complaint, proposing to remove the first cause of acti...

Excerpt: ...d at 33057 Ran cho Vista Drive, Cathedral City (“Property 1”) and 33- 081 Rancho Vista Drive, Cathedral City (“Property 2”). On December 7, 2021, Plaintiff DSA Management, LLC (“Plaintiff”) entered into a Building Construction Contract (“Contract”) with Defendants WEW Con struction, Inc. and William E. Wright (collectively “WEW”) for the construction of a house on Property 2. Per the terms of the Contract, work was to commence...

Excerpt: ..., P aul Smith and Jasmine P. Smith (“Plaintiffs”) filed a Complaint against Defendants, The Inn at Deep Canyon (“The Inn”) and Arnold Kirschenbaum (together “Defendants”) for (1) battery; (2) negligence; (3) intentional infliction of emotional distress (“IIED” ); (4) fraudulent concealment; (5) private nuisance; and (6) public nuisance. Plaintiffs allege that they stayed at The Inn, located at 74470 Abronia Trail, Palm Desert, C...

Excerpt: ... Legend ary Group International for damages of $504,000 and the order of default judgment on June 9, 2023 against R&D Foundation, LLC for $800,000 is vacated. The May 26, 2023 order granting Plaintiffs' motion for an order deeming facts admitted and the formal or der entered into the record on June 2, 2023 is vacated. The January 24, 2024 order granting Plaintiffs' motion for summary adjudication, and the formal order entered into the record on J...

Excerpt: ...n Decemb er 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court sought to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and waste. County now moves for a preliminary injunction prohibiting Defendants and all of Defendants' agents...

Excerpt: ...ustees of th e Stanger Family Trust (owners of the premises) and James Parker (tenant of the premises). On December 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court so ught to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and ...

Excerpt: ... the bas is of the alleged deficiencies in the subject pleadings. Plaintiff shall provide legal support for its position that the pleadings are legally sufficient or, in the alternative, how they may be further amended to cure any legal insufficiencies. After meeti ng and conferring, Defendant shall, 10 days before the continued hearing date, set above do one of the following: (1) vacate the hearing on the demurrer and motion to strike; (2) fil...

Excerpt: ...erce Trade, LLC (ECT) entered into a Promissory Note wherein ECT agreed to pay ECL the principal amount of $2,500,000 at 7% interest annually, with the first monthly payment of $29,661.98 due on 9/15/15, and continuing on the 15th of each successive month for ten years wh en all principal, and interest would be due. In December of 2016, Plaintiff, ECL, notified Defendant, ECT, in writing that it was in default under the ECL Note. The failure to...

Excerpt: ... if needed, w ithout objections within 30 days of service of notice (CCP § 2031.310). Motion is denied as to RPD No. 24 and RPD No. 30 is limited to other vehicles of the same year, make and model. Moving party to provide notice pursuant to CCP § 1019.5. Plaintiff, Jose Fabian Hernandez, Jr., alleges that on 7/23/22, he purchased a 2022 Land Rover Range Rover, which was a certified pre -owned (CPO) vehicle with a new and full CPO warranty, whi...

Excerpt: ...2 as a State Park Aid at Salton Sea State Recreation Area (“Park”). Plaintiff alleges that her supervisor, Wanda Freeman (“Freeman”), informed her that she was required to purchase a uniform including green pants. Plaintiff purchased green pants recommended by coworkers; howev er, the pants allegedly caused Plaintiff's psoriasis to become inflamed causing discomfort and difficulty walking. Plaintiff visited her doctor who recommended alt...

Excerpt: ... 30 days o f this order. Denied as to RFP Nos. 1, 9, 12, 14, 30, and 31. This is a lemon -law action under the Song -Beverly Consumer Warranty Act. Plaintiffs allege that, on May 30, 2022, they purchased a 2022 Volkswagen Atlas, which came with warranties by which Defendant “warranted the subject vehicle and agreed to preserve or maintain the utility or performance of Plaintiffs' vehicle or to provide compensation if there was a failure in such...

Excerpt: ... her oper ative First Amended Complaint (“FAC”) against Defendants Extended Stay America, Inc.; ESA Management, LLC; Extended Stay America – Palm Springs – Airport; Chris Mushrush; Brendon Doe; Annie Doe; and Orkin, LLC (collectively, “Defendants”), alleging (1) bat tery, (2) negligence, (3) intentional infliction of emotional distress (“IIED”), (4) fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach...

Excerpt: ... This is a civil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plaintiffs move for an order quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on DIR -Divisio n of Workers' Compensation on 12/20/23 for the records of Mark Baird. In addition, Plaintiff seeks sanctions of $2,000. Plaintiffs assert the subpoena is impermissibly broad and viola...

Excerpt: ... on June 22, 2022. On August 12, 2022, Plaintiff Willie Anthony Conant Jr. (“Plaintiff”) filed a Complaint against Defendants Jonner Transportation Inc. (“Jonner”), Angel Martin Anaya Martinez (“Martinez”), and Does 1 to 50, alleging (1) motor vehicle and (2) gene ral negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment w...

Excerpt: ...nts Ford Motor Co mpany (“FMC”) and Palm Springs Motors, Inc. (“Palm Springs”) for: (1) Violation of Civil Code § 1793.2(d) [v. FMC]; (2) Violation of Civil Code § 1793.2(b) [v. FMC]; (3) Violation of Civil Code § 1793.2(a)(3) [v. FMC]; (4) Breach of the Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794 and 1795.5) ]v. FMC]; (5) Negligent Repair [v. Palm Springs]; and (6) Fraudulent Inducement – Concealment [v. FMC]. ...

Excerpt: ...ions within 30 days of service of notice (CCP § 2031.310). RFP Nos. 1 –3, 7, 9, 12, 17, 18, 24, 40, 41, 51, 54, 56, 57, 74, 84, and 85 are denied without prejudice as moot. RFP Nos. 46, 82 and 83 are denied. Plaintiff to provide notice pursuant to CCP 1019.5. Th is is a lemon law case. On March 28, 2019, Plaintiff John Escano (“Plaintiff”) purchased a 2019 Honda Pilot, which was manufactured and distributed by Defendant American Honda Moto...

Excerpt: ...nstructi on project. Plaintiff moves the court for leave to file a Third Amended Complaint to make changes to the Second Amended Complaint. Plaintiff asserts that recent depositions revealed the foregoing facts and egregious extent of ARB's misconduct in its dealin gs with JOHNSON-PELTIER, the owner, and others working on the project. Plaintiff, JOHNSON- PELTIER, therefore, seeks to file a Third Amended Complaint to allege facts and claims supp...

Excerpt: ...erine Page as Doe 1 (“Page”). Plaintiff, a Canadian citizen, was a passenger in a truck driven by Page at the time of the accident. In the instant motion, Plaintiff now moves for a protective order that prevents the taking of her deposition until her treating doctor, Dr. Margaret Watty, determines she is not in a “very fragile state both physically and emotionally.” (C.C.P., § 2025.420.) On January 26, 2024, Page noticed Plaintiff's depo...

Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...

Excerpt: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...

Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...