Excerpt: ...d to submit proposed judgment consistent with this order within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action filed by a homeowner against neighboring homeowner (and HOA) disputing that the view from their lot has been materially impeded by the conditions of the neighboring home. Plaintiff Gilbert and the Clevelands own homes within the Canyon View Estates, which are governed by the De...

Excerpt: ...party in the amount of $560.00 within 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Moving party ordered to give notice pursuant to CCP §1019.5. On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH...

Excerpt: ...SAC) filed on 8/6/21 asserting a single cause of action of negligence. Jury trial is set for 2/24/23. Defendant Hilton Domestic (Hilton) moves for summary judgment, or in the alternative, summary adjudication, on the grounds that there is no vicarious liability as did not control the day to day operations of the hotel, and had no duty to Plaintiff. It argues that it is the parent company of the franchising arm. Urban Commons owns the subject hote...

Excerpt: ...that a settlement had been reached in this matter. The Court dismissed the case on 1/24/22, retaining jurisdiction over the parties to enforce the settlement and its terms under C.C.P. § 664.6. On 6/3/22, a stipulated judgment was entered by the Court. Defendants brought a motion to set aside the judgment, which was heard by the court on September 9, 2022 and denied. In the instant motion, Defendants bring a motion to quash subpoena. It is uncle...

Excerpt: ...triking the entirety of plaintiff, SID KOHAN, M.D.'s ("Plaintiff') complaint and dismissing this action. The motion is and will be made on the grounds that the complaint intentionally ignores and completely contradicts multiple Court orders which specifically find that Plaintiffs deed(s) of trust are unenforceable and that Plaintiff is/was not entitled to paid on account of his deed(s) of trust upon the sale of Plaintiffs brother's real property ...

Excerpt: ...ontract with Rosenauer Construction, Inc. (“Defendant”). Under said agreement, Defendant was to perform a residential home renovation project for Plaintiff in exchange for $113,000.00. Defendant allegedly breached the agreement by failing to complete the work, failing to provide agreed upon credits, and for failing to pay for all materials pursuant to the agreement. The complaint asserts the following causes of action: (1) breach of contract,...

Excerpt: ... entered into in “good faith, and that all actual and potential future claims, complaints, cross‐ complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total...

Excerpt: ...one‐fifth interest in property located at 175 Gran Via in Palm Desert (“subject property”) and that he owns his interest with his siblings, defendants Janet Rappaport (“Janet”), Valerie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. ...

Excerpt: ... mobile home that was located in a mobile home park owned and/or operated by Defendant Empire Mobile Home Parks, LLC (“Defendant” or “Park”). On July 1, 2020, Plaintiff and Harvey on behalf of the Estate entered into a Manufactured Home Purchase Agreement and Escrow Instructions (“Agreement”). Plaintiff deposited a down payment into escrow. Defendant Charlie Stees (“Stees”) as manager of the Park represented that Plaintiff was acc...

Excerpt: ...de notice pursuant to CCP 1019.5. Plaintiff Melissa Mattar alleges that on January 29, 2019, she purchased a new 2018 Dodge Journey, manufactured and distributed by defendant FCA US LLC. The subject vehicle allegedly came with material defects and nonconformities to warranty including engine, electrical, transmission, steering and structural system defects. Plaintiff alleges that Defendant's authorized repair facility was unable to repair the def...

Excerpt: ...ial justification for the filing of the Amended Notice of Pendency, and there are no circumstances alleged that would make the imposition of fees and costs unjust. Accordingly, fees and costs are awarded in the requested amount of $960 (3 hours at $300/hour + $60 filing fee) payable to defense counsel within 20 days of this order becoming final. However, Defendant's request that the court also award the balance of fees not awarded on the previous...

Excerpt: ...arbitration based on the Retail Installment Sales Contract (RISC). It argues that the equitable estoppel doctrine and Felisilda apply. It contends Plaintiff's claims are inextricably intertwined with the RISC because a plaintiff must have purchased a new motor vehicle to have a Song Page 3 of 7 Beverly claim. It contends that the RISC has an express warranty as an additional provision. It argues it is a third party beneficiary. It points out that...

Excerpt: ...s America, Inc.) (“KA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended complaint (“FAC”). On February 24, 2016, Plaintiff purchased a new 2016 Kia Soul (the “Vehicle”). (FAC, ¶ 11.) The Vehicle was backed by a written warranty. (FAC...

Excerpt: ...of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision (1), on the ground Defendants did not get a fair trial as a result of the “[i]rregularity in the proceedings of the court, jury or adverse party, or any order o...

Excerpt: ...dant served her first set of Requests for Admission (“RFAs”). Plaintiff responded with objections only, and on August 15, 2022, Defendant moved to compel further responses. On September 28, 2022, the court granted the motion, as well as a motion to compel further responses to Form Interrogatories (“Form ROGs”), and ordered Plaintiff to provide responses to RFAs without objection by October 10, 2022 and to pay monetary sanctions. Plaintiff...

Excerpt: ...for 1) breach of contract, 2) breach of the implied covenant of good faith, 3) fraud, 4) RICO violation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” On 7/21/22, defendants' demurrer to the FAC was sustained with 20 days leave to amend. Defendants' mo...

Excerpt: ... of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Co‐ Defendant Manuel Ramos (“Ramos”) filed a “Motion to Dismiss or Close Case” on the grounds that all three Defendants “do not reside in Riverside County” and “[a]ll communication among all the parties occurr...

Excerpt: ...ant The Springs. Award to be paid within 10 days of service of notice. Moving party to provide notice pursuant to CCP 1019.5. This case arises out of the purchase of a single‐family residence by Plaintiffs Richard Kite and Becky Kite. Plaintiffs allege 7 causes of action for: 1) breach of contract, 2) negligence, 3) professional negligence, 4) negligent misrepresentation, 5) fraudulent concealment, 6) fraud and deceit, and 7) breach of fiduciar...

Excerpt: ...ess dealings with his four brothers, Steven, Robert, Ruben, and Rudy. The five brothers are all shareholders of the business Padilla & Sons, a California corporation, founded by their father. In addition to their business dealings in Padilla & Sons, the brothers engaged in numerous real property transactions. This action currently concerns five properties referred to in the Complaint by the street on which they are situated: Deborah, Gaviota, two...

Excerpt: ...herefore not barred by judicial estoppel. Plaintiff granted leave to file amended complaint consistent with this ruling within 10 days of service of notice. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Phillip Moreb's First Amended Complaint alleges three causes of action (COA) for 1) promissory estoppel, 2) Violation of HBoR, and 3) UCL violations arising out of the servicing of Plaintiff's mortgage. Defendants U.S. Bank, N.A., ...

Excerpt: ...as employed by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He alleges that co‐worker, Steven Young (“Young”) made sexually explicit comments and gestures to plaintiff due to his perceived orientation. Plaintiff asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventati...

Excerpt: ...ation for legal services – action to recover reasonable value of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the...

Excerpt: ...ges causes of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which...

Excerpt: ...hower Medical Center, for a vaccine and tripped over some exposed cords, fracturing her patella and suffering other injuries. She pleads causes of action for premises liability and negligence. Roberta's husband, S. Morton Zweig, pleads a cause of action for loss of consortium. Defendant noticed plaintiffs' in‐person depositions, and their counsel said they would only appear remotely because they are in their 70s and fear exposure to Covid. The ...

Excerpt: ...ulent inducement—concealment; and (6) negligent repair. Defendant FCA moves to compel arbitration based on the Retail Installment Sales Contract (RISC), which contains an arbitration provision. It relies on Felisilda and equitable estoppel. It also argues that it has standing as a third party beneficiary. It argues the FAA applies. Defendant Geovel, Inc. also moves to compel arbitration based on the same RISC. It asserts that the negligent repa...