Excerpt: ...nt of $1,060.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Plaintiff ordered to give notice pursuant to CCP 51019.5. This is a Song Beverly suit. On November 13, 2021, Plaintiff Mario Serna ("Plaintiff") purchased a 2021 Honda Accord ("Subject Vehicle"), which was manufactured and/or distributed by Defendant American Honda Motor Company ("Defendant" or "Honda"). The Subject Vehicle was purchased wit...

Excerpt: ...ce — Recklessness and Gross Negligence and (2) Intentional Infliction of Emotional Distress. The complaint alleges that on March 29, 2022, Plaintiff was playing a round of golf with his father and a couple they met that day, at the JW Marriot Desert Springs Resort & Spa located at 74-855 County Club Drive, Palm Desert, California ("Premises"). Plaintiff's father is in his 70s and has some physical limitations which make him slower on the golf c...

Excerpt: ...uant to CCP 1019.5. This case arises out of an employment dispute between Plaintiff Julian Gonzales ("Plaintiff") and Shottenkirk-california , LLC dba Shottenkirk Desert Lexus (erroneously sued as Shottenkirk California LLC dba Shottenkirk Desert Lexus, Shattenkirk Desert Lexus) ("Defendant"). During Plaintiff's employment with Defendant, he executed a Binding Arbitration Agreement to arbitrate all employment disputes. Specifically, on April 29, ...

Excerpt: ...his order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Gary Sauter ("Sauter") filed the complaint ("Complaint") in this action on May 3, 2021 against defendants Fred Rudat ("Fred") and Marta Rudat ("Marta") Sauter alleges that in October 2018, he entered into a loan agreement with Fred and Marta, in order to prevent a forced sale of their residential property (the "Property") in Rancho Mirage. (Complaint, 5, Exhib...

Excerpt: ...on and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actions taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains the following causes of action: (1) Discrimination based on age, gender...

Excerpt: ...S2300446 and Boss 12 429 Properties Inc. v. Dispense 360, LLC, Case Number: UDPS2300452 shall both be consolidated with this case for all purposes. The cases shall be transferred from Department PS4 to Department PS2. Plaintiff to provde notice pursuant to CCP 1019.5. Page 4 of 6 This is a partnership dispute involving a cannabis business. In 2017, Plaintiff Kevin Sperry ("Sperry") along with Defendants Paul Pavao ("Pavao") and John Kearney ("Kea...

Excerpt: ...ents"). On February 28, 2023, judgment was entered granting Petitioner's requested relief, releasing Petitioner's property from the mechanic's lien and awarding Petitioner $453.70 in costs was filed. On March 30, 2023, Petitioner filed a memorandum of costs seeking $685.18 in costs. Petitioner now seeks an award of attorney fees and costs under Civ. Code S 8488 as the prevailing party and requests $10,055.50 in attorney fees. The moton is support...

Excerpt: ...ssion of the vehicle, and during the warranty period, Plaintiff discovered it contained defects to the engine, battery system, fuel gauge system, electrical system, air conditioning system, and other potential defects. Plaintiff alleges she provided Defendant, General Motors, LLC (GM) and its representatives with sufficient opportunity to repair the vehicle, but they were unable to do so within a reasonable number of attempts. She alleges the def...

Excerpt: ...ee. The appointed referee shall resolve all discovery issues without Court intervention. Judicial reference proceedings are to be conducted within 18-months of this order — December 23, 2023. No extension of completion date without further order by this Court. Trial Setting Conference and OSC of 5/27/23 are vacated. Status hearings will continue in 6-month increments. With the next one scheduled for December 7, 2023, 8:30 a.m. in Department PS2...

Excerpt: ...ating whether he/she is aware of any other class or representative actions involving Defendants and that an inquiry was made as to this issue. 3. Counsel for Defendants did not file a declaration regarding any relationship with the cy pres. 4. Defendants did not provide a declaration concerning the age and educational background of the Class Members. 5. The Notice Packet is not attached to the Proposed Order. 6. Class Counsel's declaration does n...

Excerpt: ...oming final. . Defendant WATCHTOWER to provide notce pursuant to CCP 1019.5. In the operative complaint, Plaintiff AS alleges that she is a victim of childhood sexual assault by Jose Murillo, her stepfather who had an administrative position known as Elder, Overseers and Ministerial Servants with Defendants Watchtower Bible and Tract Soc:iety of New York, Inc. and West Palm Springs Congregation of Jehovah's Witnesses, Inc. Plaintiff reported the ...

Excerpt: ...ss warranty, (2) violation of Song-Beverly Act—breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2. Defendant now moves to compel Plaintiff to arbitrate her claims under the Lease Agreement. Defendant argues that although it is not a signatory to the Lease Agreement, it may invoke the Lease Agreement's arbitration provision under the doctrine of equitable estoppel because the claims against Defendant are inextri...

Excerpt: ...rch 14, 2022, married plaintiffs Mark A. Baird and Bradley T. Baird filed the Complaint against homebuilder defendants PulteGroup, Inc., Pulte Home Company, LLC and Del Webb Communities, lnc„ mortgage lender Pulte Mortgage, LLC and individual sales professional Brett Picano ("Picano") alleging a single cause of action for discrimination under Gov. Code S 12955. Plaintiffs allege they sought to purchase a home from Defendants using a Veteran Adm...

Excerpt: ...s was injured as the result of a slip and fall while she was at the Omni Rancho Las Palmas Resort & Spa. The complaint alleges causes of action for general negligence and premises liability. Plaintiff brings this Mohon to Defendant to produce fts person most knowledgeable (PMK) at deposition and to produce documents. Defendant contends that despite properly noticing the deposition and meeting and conferring with Defendant, Defendant has not produ...

Excerpt: ...others, discrimination, harassment, retaliation, constructive termination and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actons taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains t...

Excerpt: ...ntiff filed his Complaint for Damages against Defendant on February 7, 2023. On February 14, 2023, Plaintiff filed the operative First Amended Complaint ("FAC") against defendants Dale Pawley ("Pawley"), State of California ("State"), County of Riverside ("County"), and City of Palm Springs ("City") (collectively, "Defendants"), alleging two causes of action for (1) Negligence (against Defendants Pawley and Does 1- 25) and (2) Dangerous Condition...

Excerpt: ...ion on December 21, 2022 against defendant SilverRock Phase l, LLC ("SilverRock"). Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under which Granite agreed to perform dry utility infrastructure work on the Real Property for the contract pr...

Excerpt: ...d leave to file 2nd Amended Complaint within 10 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiffs Andrea Valero and Gelly Valero (together, "Plaintiffs") filed the original complaint in this action on January 18, 2023 and the operative first amended complaint ("FAC") on April 3, 2023 against defendants The Mirada Custom Lot Association (the "Association") and Rick Moran ("Moran") (together, "Defenda...

Excerpt: ...is Cobb Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). The operative complaint alleged on November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") ...

Excerpt: ...endant Rick Moran ("Defendant Moran") is the treasurer of The Board and neighbor to Plaintiffs. Plaintiffs claim that Defendant Moran has discriminated against them, specifically Plaintiff Gelly Valero because he was "born in Cuba" and is of "Hispanic descent", harassed both Plaintiffs, engaged in violation of Plaintiffs' civil rights under Civil Code Sectons 52.1 and 51.7, in addition to intentionally and negligently inflicting emotional distres...

Excerpt: ...r employment with Defendant, Plaintiff made complaints about being harassed and discriminated against as a result of her medical condition. (ld. at 8, 14-18.) Plaintiff alleges that Defendant thereafter forced her to take a medical leave of absence, and suddenly terminated her employment on January 6, 2020. (ld. at '121.) Defendant disputes this, and alleges that Plaintiff was not terminated and remains out on a leave of absence. On April 26, 202...

Excerpt: ...rative Third Amended Complaint (TAC) via causes of action for: (1) Discriminaton based on age, gender, religion, and race; (2) harassment based on age, gender, religion, and race; (3) failure to prevent discrimination and harassment; (4) violations of California Family Rights Act; (5) Whistleblower Retaliation; (6) Retaliation; (7) Retaliation in violation of FEHA and CFRA; (8) Discrimination and harassment based upon disability or perceived disa...

Excerpt: ...cross Complainant D7 Rcffng Services, Inc. ("Cross-complainant" or "07") for the installation of roofing at the Cathedral Palms Senior Apartment ("Cathedral Palms") in Cathedral City, California ("Project"). National was the general contractor for the Project. National alleges that pursuant to the Contract, D7 owed National a duty to indemnify. National alleges that due to D7's negligent work, the damaged during a wind storm. National was require...

Excerpt: ...llege that they own real property in Indio, and have a homeowners insurance policy issued by Defendant National General Insurance Company and Defendant CTC Insurance Marketing, Inc. On 2/16/21, Plaintiffs suffered property damage due to flooding caused by broken hot water pipes. National General refused to communicate with them regarding their claim, and denied their claim for personal belongings, refused to pay for temporary housing, and refused...

Excerpt: ...3) Civil Code (4) breach of the implied warranty of merchantability; and (5) negligent repair. Defendants move to compel arbitration based on the arbitration clause in the RISC. They argue that the FAA applies and there is no valid defense to the clause. They assert that Felisilda applies with the equitable estoppel doctrine. They request a stay. Plaintiff opposes the motion on the grounds that there is no agreement between him and Defendants. Th...