Excerpt: ...s order supersedes the order of April 26, 2023 as to the timeline for filling of pleadings. Specifically, Plaintiff has leave 10 calendar days from May 2, 2023 to file their 4th amended complaint. Defendant Longbridge and MERS have 20 calendar days to file an answer from May 2, 2023 should Plaintiff not file a 4th amended complaint. Plaintiff to provide notce pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr...

Excerpt: ...ve brought this action against MFI Recovery Center, Inc. ("MFI"), which is an adult residential care facility for addiction treatment and mental health services, and its employee, Elizabeth Mack, for injuries suffered by their son, Anthony Bays, who died while under Defendants' care. Plaintiffs Silvia Deprey and Kraig Bays, the parents of decedent Anthony Bays, bring this action both individually and as successor in interest of the decedent. The ...

Excerpt: ...to allege that the Court in the Judgment Lien Case had no jurisdiction to deem Plaintiff's Deeds of Trust forfeited. As an aggregate, Plaintiff contends the new paragraphs set forth facts and law seeking to void the fincrng that Sid's security interest was waived. Plaintiff contends new facts were discovered. Plaintiff asserts he was first told that the court in Los Angeles had found his Deeds of Trust to be forfeited in late June 2021, approxima...

Excerpt: ...P 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's ("Kilimanjaro") allege that Bry and Defendant Cosek entered into a joint venture agreement, Kilimanjaro, which was formed to take title to real property at 38831 Kilimanjaro Drive, Palm Desert. Bry was the sole managing member while Cosek was a member. Cosek filed a fraudulent Statement of Information with the California Secretary of Sta...

Excerpt: ...O 3-HOURS MAXIMUM. Document requests are denied since they appear to be previously covered by the court's ruling on the motion to compel RTPs No. 1-10. Plaintiff to provide notice pursuant to CCP 1019.5. This is an employment action. Plaintiff Richard Anton üJftus alleges he was employed by defendants Eisenhower Medical Center ("EMC") and Eisenhower Medical Associates, Inc. ("EMA") as an internal medicine doctor for more than a decade before he ...

Excerpt: ...s is an employment law case. Plaintiff's Complaint alleges 5 causes of action for 1) FEHA employment discrimination, 2) FEHA failure to accommodate, 3) FEHA failure to engage in timely and good faith interactive process, 4) FEHA harassment, 5) FEHA retaliation, and 6) FEHA failure to prevent/remedy discrimination, harassment and/or retaliation. Defendant Palm Springs Unified School District moves the court for summary adjudication as to the follo...

Excerpt: ...olently assaulted him. Defendant pushed Plaintiff to the ground and screamed profanities at him. When Plaintiff got up from the ground, Defendant again pushed him and caused him to stumble. Plaintiff tried to get away; however, Defendant chased him down, slapped his phone out of his hand and then kicked the phone. Defendant then pushed the Plaintiff and caused him to fall on a small set of stairs. Plaintiff hit his head and lost consciousness. Pl...

Excerpt: ...ract action seeking payment for electrical work completed at Palm View Elementary School, within Defendant Coachella Valley Unified School District ("Defendant"). Plaintiff filed this action on June 28, 2022, and the operative First Amended Complaint ("FAC") was filed on February 7, 2023. A trial setting conference is set for September 6, 2023. Defendant now moves for an order granting relief from waiver of jury trial. (C.C.P., S 631(g).) Defenda...

Excerpt: ...d Plaintiff heard, he critiqued her and ultimately terminated her. She further alleges she was improperly classified as an independent contractor when she was an employee. Defendants CannAssist International Corp., Xceptor, LLC and Electronic Servitor Publication Network, Inc. are all related companies. Plaintiff filed this action on 11/4/21. The operative pleading is the First Amended Complaint (FAC) filed on 3/24/22, for: (1) hostile work envir...

Excerpt: ...on of the property and have removed, damaged, destroyed, sold or otherwise kept numerous and valuable items of Plaintiffs' personal property. Plaintiffs seek recovery of possession of the residence and for damages. Plaintiffs Neil Campbell and Kathleen Campbell move the court, pursuant to CCP S1179a, for trial preference. Plaintiffs assert that this action is governed by CCP 51159 to 1179a as an achon for forcible entry and forcible detainer and ...

Excerpt: ...is is a personal injury case arising out of allegations that Defendant City of Indian Wells (City) ignored his Violence Against Women Act (VAWA) request for an emergency' transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidential California L P. ("Defendant"). Plaintiff alleges that the actions/inactons of City and Defendant violated h...

Excerpt: ...laintiff") filed the complaint in this action on November 17, 2022 and the operative first amended complaint ("FAC") on December 23, 2022 against defendants Project Indigo DevCo, LLC ("PIO"), THC Design, LLC ("THC") and SGLA l, LLC ("SGLA") (collectively, "Defendants"). The operative complaint alleges Plaintiff and PID entered into a Design-Build Agreement (the "Agreement") on July 16, 2021 for a construction project known as THC Design — Indig...

Excerpt: ...r lease agreement ("Lease") with Defendant Andonian Enterprises, Inc. dba Discount Tire Centers ("Defendant"). Plaintiff alleges that he performed all obligations under the terms of the Lease, but on October 21, 2019 Defendant stopped making rent payments. Additionally, Plaintiff alleged that Defendant failed to pay for HOA bills, utility bills, cleaning fees, insurance and property tax as required under the Lease. Plaintiff alleged damages of $8...

Excerpt: ...n elder as defined by the Welfare and Institutions Code when Defendants committed the alleged abuse. During the pendency of this action on January 9, 2023, Judith passed away, and Jeneane now moves to substituted as Judith's successor in interest. The present motion is supported by a declaration in which Jeneane indicates that she is the sole beneficiary of Judith's trust and executor of her will. Defendants oppose and state they agree that C.C.P...

Excerpt: ...nce 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 to cover the full amount to cover the costs of remediation. Plaintiffs ...

Excerpt: ...er ordered to pay attorney's fees and costs to moving party in the amount of $1450.00 (total for both motions) 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 51019.5. This is a wrongful termination case. Plaintiff Silvestre Andrade-Romero moves the court to compel Defendant Valenz Construction Group, Inc. to provide responses to Request for Product...

Excerpt: ...ess Disorder (PTSD) that she has had since 1986. She alleges she was hired by the Hospital on 2/25/15, which was aware of her disability. Plaintiff alleges that on 3/11/15, Plaintiff's supervisor, Pryor, contacted authorities and reported that she was suicidal due to her PTSD. While Plaintiff was at the side entrance of the Hospital talking about her issues with her supervisor, Donna Seifert, offcers approached her "in an attacking manner", which...

Excerpt: ...95.5, and 5) violation of the Magnuson-Moss Warranty Act. Each of these six causes of action relate to warranty claims. Defendant Nissan North America, Inc. moves the court to compel Plaintiff Tomas Reyes to binding arbitration. Defendant Nissan asserts it may compel arbitration of these claims for three main reasons. First, the Sales Contract contains a valid, written arbitration provision to which Plaintiff assented. Second, equitable estoppel ...

Excerpt: ...se verdict. As the preva-ling parties, Defendants filed a memorandum of costs on February 21, 2023 after judgment was entered on January 19, 2023. Plaintiffs now move to tax the following costs: 1. Item 8b(5) (pp. 3, 10) — Expert fees - $105,824.89: The 5998 offer was a token or nominal 2. offer, unreasonable and not in good faith, and accordingly, the expert fees should be taxed under the statute and applicable law. 3. Item 12c (pp. 3, 11) —...

Excerpt: ...ming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Kathleen Johnson and Gerald Johnson's First Amended Complaint alleges 4 causes of action for 1) dangerous condition of public property, 2) negligence, 3) loss of consortium, 4) interference with rights of disabled person (Civ. Code 554) arising out of a trip and fall by Kathleen Johnson. Defendant Diamond Environmental Services, LP demurs to the fourth cause of action on th...

Excerpt: ...s Defendant to provide notce pursuant to CCP 1019.5. On 12/15/20, Plaintiff Karan Kler filed this partition by sale action regarding real property in Palm Desert. Plaintiff alleges that he and Defendant Erin Alexandra Epps each have a 50% share in the property as joint tenants. Defendant's ex-husband, Roberto E. Sotomayor, originally had title and offered Defendant the opportunity to purchase it for subject to the mortgage. Defendant did not have...

Excerpt: ...nt Quantum Materials Corp. ("Quantum") is a Nevada corporation with its principal place of business in Texas. (ld. at '14.) Defendant Stephen Squires ("Mr. Squire") is a Texas resident and is Quantum and Solterra's CEO and largest shareholder. (ld. at 5.) Defendant Robert Phillips ("Mr. Phillips") is also a Texas resident and is Quantum and Solterra's CFO. (ld.) Solterra Renewable Technologies, Inc. ("Solterra") isa Delaware corporation with fts ...

Excerpt: ... CCP S 340.1; 2) negligence; and 3) intentional infliction of emotional distress ("IIED"). The operative complaint alleges sexual abuse. Plaintiff Jane Doe (J.S.) alleges that she was sexually abused from 1994 to 1997 by Mark Elliott Raisler ("Raisler") while she was a minor and a student at Palm Springs High School and Palm Springs Unified School District ("Defendants"). (Complaint, '1 41.) Plaintiff alleges that Raisler used his position as a t...

Excerpt: ...at approximately 10:30 a.m., members of the Riverside County Sheriff's Department Probation and Compliance Team ("P.A.C.T.") located a vehicle associated with a parolee at large in a parking lot behind Brown's BBQ and Soul Food in Palm Springs. (Def.'s Separate Statement of Undisputed Material Facts ["DSSLJF"1 1.) When inquiring about the vehicle, employees of Brown's BBQ and Soul Food suggested that the P.A.C.T. members speak with the residents ...

Excerpt: ...d. Follow-ng the incident, Defendant Beltran was arrested for Driving Under the Influence (DOI). Critically, Defendant Beltran's intoxication occurred while he was under the course and scope of his employment. In his deposition, Defendant Beltran testified that he was aware that he was on the job when he consumed two beers and hard liquor (See Exhibit C, 23:15-17). Within approximately one hour of drinking alcohol, Defendant Beltran made the reck...