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...

Excerpt: .... section 531, subdivision (g) of that statute gives the trial court discretion to grant relief from such waiver: "The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury." "In exercising fts discretion, the trial court may consider delay in rescheduling jury trial, lack of funds, timeliness of the request and prejudice to the litigants." (Gann v. Williams Brothers Realty, I...

Excerpt: ...s Plaintiffs to an award of punitive damages against Defendants in an amount to be determined at trial." Complaint Pg. 5, line 13: "For punitive/exemplary damages;" All other references to punitive or exemplary damages. Defendant to provide notice pursuant to CCP 1019.5. This is a negligence and trespass to chattels case arising from the plumbing in Plaintiffs' residence backing up into their residence causing damage to their sewer system and to ...

Excerpt: ...nty of Riverside, and Defendant, Giovanni Azurin, is an employee there with a history of harassing and assaulting women in the workplace. Plaintiff is a registered nurse with Post-Traumatc Stress 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 3/11/16, Plaintiff's supervisor, Pryor, contacted authorities and reported that she was suicid...

Excerpt: ... The operative Fifth Amended Complaint (FAC) alleges the following class action claims: (1) Failure to Provide Rest Periods or Premium Pay in Lieu Thereof; (2) Failure to Provide Complete and Accurate Wage Statements; (3) Failure to Pay Earned Wages When Due; (4) Unfair Business Practices; and (5) PAGA Penalties. Plaintiff Torres also asserts the following individual claims against DT Carson: (6) Harassment; (7) Retaliation; (8) Failure to Preven...

Excerpt: ...tor McClone, was working at the East County Detention Center ("ECDC") construction site in Indio. On February 14, 2017, Plaintiff crossed over a protective guardrail on the third floor of the ECDC, without attaching his fall protection harness to a fall-protection line, and fell through an opening to the floor below. On the ECDC jobsite, defendant Clark was the general contractor, and defendant Conco was a concrete subcontractor. On February 13, ...

Excerpt: ...oward ("Plaintiff"), a journeyman carpenter, employed by sub-sub-contractor McClone, was working at the East County Detention Center ("ECDC") construction site in Indio. On February 14, 2017, Plaintiff crossed over a protective guardrail on the third floor of the ECDC, without attaching his fall protection harness to a fall- protection line, and fell through an opening to the floor below. On the ECDC jobsite, defendant Clark was the general contr...

Excerpt: ...t, Magdalena Post, Angela Weimer and Brad Weimer (collectively, "Defendants"). On February 18, 2021, Plaintiff filed her operative First Amended Complaint ("FAC") against Defendants Brandini Enterprises, Inc.; Justin Post; Magdalena Post; Brad Weimer; Angela Weimer; Brandon Weimer; and Kevin Johnson, alleging (1) accounting, (2) breach of contract, (3) breach of covenant of good faith, (4) breach of fiduciary duty, (5) constructve trust, and (6) ...

Excerpt: ...Storck, allege that Defendant, Spencer Food Services, Inc. (Spencer's), operates Spencer's Restaurant in Palm Springs. They allege that on 11/20/22, Plaintiffs went to Spencer's for breakfast, but were informed that they were not welcome because the owner has instituted a new policy of no children under twelve; Ellis and August are under twelve years old. Plaintiffs allege Spencer's, as owners/operators, have a duty to comply with Civil Code S 51...

Excerpt: ...r and file a joint declaration, within 10 days before the continued hearing, identifying any remaining issues to be resolved by the Court. This case arises out of an automobile accident that oc:curred on February 29, 2020. Defendant Patricia Ferrusca allegedly made an unsafe left turn on a red arrow in front of Plaintiff Felizitas Hernandez's vehicle, which caused injuries to Plaintiff Felizitas and her passenger, Plaintiff Ignacio Hernandez. (Co...

Excerpt: ...contends that Respondent informed it that it would renew the lease agreement, if Petitioner spent millions of dollars repairing and improving the property. Petitioner alleges that it agreed to this proposal and a contract was formed. It asserts that despite this agreement, Respondent solicited bids through a request for proposal process and did not select Petitioner despite the agreement and the $1.3 million spent by Petitioner to improve the pro...

Excerpt: ...estified that he was the current property owner of the subject property at 500 East Amado Rd., Palm Springs. In May 2022, he leased it to Michael De Angelo. At Michael De Angelo's request (purported tax advantage) he changed the lease to reflect IICR, LLC as the leaseholder with Michael De Angelo remaining as a guarantor. Exhibit 1 was introduced reflecting the aforementioned change in handwriting. After the lease started, Michael De Angelo reque...

Excerpt: ...Defendant to provide notice pursuant to CCP 1019.5. This is an action brought by Plaintiff Michael Capozza, as Trustee of the Michael A. Capozza Separate Property Trust dated January 25, 2018 ("Plaintiff"), individually and derivatively, on behalf of 395 Palm Canyon, LLC ("395 PC"). On December 22, 2022, Plaintiff, individually and derivatively on behalf of Nominal Defendant 395 Palm Canyon, LLC ("395 PC") filed the operative First Amended Compla...

Excerpt: ...based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas Three LLC by which Cardenas loaned to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conveyed the properties to Zenith for fake private hard money loans. According to Plaintiffs, the result wa...

Excerpt: ...”) which included an agreement to arbitrate. (Won Decl. ¶ 6, Ex. B at 5; Compl. ¶ 5, Ex. 1.). During the warranty period, the subject vehicle developed defects and nonconformities in the transmission. (Compl. ¶¶ 10–11, 15, 33.) Ford has been unable to service or repair the vehicle to conform to the applicable warranties after a reasonable number of attempts. (Id. at ¶¶ 12, 34–38.) On September 6, 2022, Plaintiffs filed a Complaint for...

Excerpt: ...s order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action to recover losses sustained as a result of Defendants' allegedly unlawful sale of unqualified securities. Plaintiffs initially filed their Complaint on November 23, 2021, and as a matter of right, filed their First Amended Complaint (“FAC”) on October 10, 2022, alleging the following eight causes of action: (1) Rescission; (2) fraud (concealment); (3...

Excerpt: ..., 2023, 8:30 a.m. Department PS2. Yvette Lua (“Plaintiff”) was employed by Monterey Country Club, LLC and American Golf Corporation (collectively “Defendants”). She alleges that her supervisor sexually harassed her by making unwanted sexual advances towards Plaintiff, making repeated and offensive sex-based comments towards her, and repeatedly making offensive and objectifying sex- based comments towards women in Plaintiff's presence. Pla...

Excerpt: ...nd City of Ranch Mirage Housing Authority (together, the “City”). Petitioner seeks a writ of mandate requiring the City to conform their actions to a settlement agreement reached in earlier litigation regarding housing discrimination. In addition, the petition/complaint sets forth causes of action for breach of contract and declaratory relief. On November 7, 2022, the court granted Plaintiff's motions to compel the City to provide responses w...

Excerpt: ...nterprises Inc. (“Plaintiff” or “BQ”) filed the complaint in this action on March 17, 2021 and the operative second amended complaint (“SAC”) on January 24, 2022 against defendants Mirage Home Health LLC (“Mirage”) and Jason Mabbayad (“Mabbayad”) (together, “Defendants”). The action arises out of an alleged contract by which Mirage agreed to purchase Plaintiff's interest in BQ, dba Home Health Angels. The SAC sets forth fo...

Excerpt: ... pursuant to CCP §1019.5. This is a Song Beverly suit. Anthony Guyette John Pilutik (“Plaintiff”) purchased a 2019 GMC Sierra 1500, manufactured by General Motors, LLC (“Defendant”). He contends 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...

Excerpt: ...at a $100,000 loan in the form of a promissory note secured by a deed of trust (DoT) to be filed regarding a Rancho Mirage residence. Defendants are alleged not to have filed the required DoT and then improperly refinanced the property wiping out any equity and now seek to sell the property without paying off the promissory note and other costs owed to Plaintiff. On February 25, 2022, Defendant Fred Rudat filed a permissible cross- complaint (now...