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...

Excerpt: ...es of action within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed her initial Complaint in this action on November 1, 2022 against Defendant George Saelzler, as Trustee of the Kenneth Paul Schlick Jr. Living Trust ("Defendant"). On December 13, 2022, Plaintiff filed her First Amended Complaint ("FAC") against Defendant and Lisa Marie Schlick, alleging (1) ...

Excerpt: ... from date of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Enrique Cortes ("Enrique") leased a 2019 Lexus ES 350 ("vehicle"), distributed by Defendant Toyota Motor Sales, U.S.A., Inc. ("Toyota"). On October 31, 2022, Enrique was driving his vehicle southbound on Date Palm Drive towards Ramon Road when Defendant Rubi Leon was traveling northbound and crashed into him. Enrique alleges the front and side c...

Excerpt: ...mpelling Defendant Jonner Transportation, Inc.. to produce its PMQ a to all categories and to respond to the corresponding RFP. Plaintiff asserts he properly noticed each deposition of Defendant's Person(s) Most Qualified. Defendant's objections are invalid, as they continue to refuse to provide any available dates for the Person(s) Most Qualified. Defendant failed to provide any justification or explanation for their refusal to meet and confer a...

Excerpt: ...ants Pars Surgery, Inc. ("Defendant"), and Hossain Sahlolbei ("Sahlolbei"). Sahlolbei is alleged to be the alter ego of Defendant Pars. (FAC, 11-20.) Plaintiff is the owner of property at 322-326 W. Hobsonway (the "Property"), which is a commercial office building located in alythe, CA. (FAC, '1 24.) On January 1, 2018, Defendant entered into a written lease (the "Lease") with Plaintiff's predecessor for a unit (the "Premises") at the Property. (...

Excerpt: ...factured by Pfizer, Inc.). They contend that the vaccine is a genetic therapy. Plaintiffs allege Defendant refused to accommodate their medical exemption and religious beliefs for the vaccine. Plaintiffs filed this action on 10/14/22. After Defendant filed a demurrer, Plaintiffs filed the First Amended Complaint (FAC) as a matter of right on 2/16/23. The FAC asserts: (1) FEHA: medical discrimination (failure to accommodate); (2) FEHA: religious c...

Excerpt: ...at the "Will of Hazel A. Baker" is a testamentary trust ordered under the probate of Hazel's decedent's estate in Los Angeles County. Plaintiff alleges that the Agnew Trust owns real property located at 74-991 Velie Way, Palm Desert, CA (the Property). Plaintiff alleges that the Property was purchased from Donald E. Baker, trustee of the Hazel A. Baker [Testamentary] Trust (Baker Trust). The sale was financed by a loan on the Property, which was ...

Excerpt: ... unrepairable transmission defects. Plaintiff filed the Complaint on October 7, 2022, alleging causes of action under the Song-Beverly Act: 1) breach of express warranty; 2) breach of implied warranty; and 3) violation of Civil Code S 1793.2. Defendant mcwes to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract ("RISC"), which Defendant argues it can enforce under equitable estoppel and third-party beneficiary th...

Excerpt: ...t, motor vehicles, chattel paper, negotiable instruments, securities, deposit accounts, safe deposit boxes, accounts receivable, general intangibles, property subject to pending actions, final money judgments, and personalty in estates of decedents in the amount of $63,000. Plaintiffs assert that they will prevail on their claim that Defendant Robert Mayes allowed Defendant Danny Bailey to use his contractor's license and that Plaintiffs entered ...

Excerpt: ...tiff's union representative and an employee of Defendant, sexually harassing Plaintiff in 2018. Plaintiff complained to Defendant of the harassment, and Defendant failed to discipline Sneed. Plaintiff alleges the harassment continued through 2022 when she ultimately filed a DFEH complaint and received her right to sue letter. On October 28, 2022, Plaintiff filed her operative complaint alleging nine (9) causes of action (COA): 1) Discrimination i...

Excerpt: ...nty, 3) Violation of Song Beverly Act Section 1793.2; and 4) fraud-fraudulent inducement- concealment. Demurrer: Defendant General Motors, LLC demurs to the fourth cause of action for fraud fraudulent inducementconcealment on the grounds that Plaintiff fails to allege a transactional relationship giving rise to a duty to disclose. In addition, Defendant alleges that Plaintiff fails to allege the requisite specificity required to state a fraud cla...

Excerpt: ... CCP 1019.5. Plaintiff G&V Greenhouse Solutions, LLC alleges that it entered into a consulting agreement for the THC Design for Palm Springs Project with Defendant Miles Construction, where it agreed to provide consulting services and related materials. Defendant Miles Construction has refused to pay. Defendant SGLA l, LLC owns the project. Plaintiff filed this action on 11/3/22. After Defendant SGLA filed a demurrer and motion to strike, Plainti...