Excerpt: ...ntered into the following agreements: 1. Asset Purchase Agreement (“APA”); 2. Non‐ Compete Non‐Solicit (“NCNS”) Agreements entered into on 5/26/20, 4/1/20, and 6/1/20; 3. Independent Consulting Agreement (“ICCA”) executed on 4/1/20. Plaintiffs allege defendants breached the agreements by soliciting former clients and by disparaging plaintiffs. Plaintiffs also allege defendants misrepresented the value of the accounts sold to them;...

Excerpt: ...s reinstated. Moving party to provide notice pursuant to CCP 1019.5. On September 27, 2021, Plaintiffs Robert Preston Beach‐Barrow, in and through his Successor‐InInterest Duane Beach‐Barrow and Duane Beach‐Barrow (“Plaintiffs”) filed a Complaint for Damages against Defendants California Nursing and Rehabilitation Center, dba CNRC, LLC (“CNRC”), Brius Management Co. (“Brius”), John Black, and Shlomo Rechnitz, alleging (1) elde...

Excerpt: ...uant to CCP 1019.5. This is a class action wage and hour case combined with a sexual harassment/wrongful termination claim by the named plaintiff. Plaintiff Fidel Torres (“plaintiff”) was 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 g...

Excerpt: ...ver of objection to the Request for Document Production, Set 2. It contends that RFP 2 was not properly served. It further asserts that substantially compliant responses have been served and the failure to serve the written objections was the result of mistake, inadvertence or excusable neglect as counsel relied on staff to calendar discovery responses but was not served with the discovery as requested by the electronic service agreement. In Oppo...

Excerpt: ...ity of Rancho Mirage (the “City”). The original complaint set forth causes of action for (1) dangerous condition of public property and (2) general negligence. On July 28, 2022, the court sustained the City's demurrer to the second cause of action with leave to amend. Plaintiff filed the operative first amended complaint on August 17, 2022. Plaintiff alleges that on December 18, 2020, he was walking on a walkway located at Frank Sinatra Dr. n...

Excerpt: ...Volvo Car USA, LLC (erroneously sued as Volvo Cars of North America, LL) (“Volvo”) and Volvo Cars Palm Springs (erroneously sued as Palm Springs Volvo) (“VCPS”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on April 19, 2022. The FAC set forth seven causes of action (COA): (1) violation of Civ. Code § 1793.2(d) (against Volvo); (2) violation of Civ. Code § 1793.2(b) (against Volvo); (3) violation of Civ....

Excerpt: ... Rivera and Ramiro Rojas claim Mr. Aguilar was negligent in failing to add Plaintiff Rivera to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No....

Excerpt: ... checked out, and on 6/4/18 a doctor confirmed she had bedbug bites. The complaint alleges one prior bedbug lawsuit against the same hotel and one warning on a travel site; it also explicitly alleges that defendant “failed to eradicate a prior bedbug infestation of Plaintiff' s room.” (Complaint, ¶ 24, emphasis added; ¶ 33 [“Defendants, and DOES 1 through 20, rented the room to Plaintiff despite having knowledge, as of May 25, 2018, that ...

Excerpt: ..., 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 parties occurred in Imperial County.” (Defs.' Mot. to Dismiss 1.) On Jul...

Excerpt: ...alleges 16 causes of action (COA) for 1) sexual assault, 2) sexual battery, 3) sex discrimination, 4) quid pro quo sexual harassment, 5) retaliation, 6) whistleblower retaliation, 7) failure to prevent discrimination, harassment and retaliation, 8) wrongful termination, 9) failure to provide meal and rest breaks, 10) waiting time penalties pursuant to Labor Code §§ 201‐203, 11) UCL violations, 12) failure to permit inspection of personnel and...

Excerpt: ...ino which caused her to fall down an escalator. The complaint was filed on 11/24/21 alleging causes of action for general negligence and premises liability. In the instant motion, Defendant moves to quash the service of summons claiming the Court lacks jurisdiction as tribes are sovereign and immune from suit. It contends it has not waived sovereign immunity and that its Tort Liability Code preserves the immunity and sets forth the procedure to m...

Excerpt: ...assment (hostile work environment), 7) retaliation, 8) failure to prevent discrimination, retaliation and harassment, 9) wrongful termination (Gov. Code §12940(A), and 10) wrongful termination in violation of public policy. Defendant moves for summary adjudication as to the 1st – 4 th causes of action, 7th cause of action, and 9 th cause of action. In addition, Defendant seeks summary adjudication of its affirmative defense of after‐ acquire...

Excerpt: ...f Charles Cyr in which he alleges 13 causes of action against Defendant Eisenhower Medical Center as follows: 1) age discrimination, 2) gender discrimination, 3) failure to pay overtime wages, 4) failure to pay final wages, 5) failure to provide meal periods, 6) failure to provide rest periods, 7) failure to pay wages when due, 8) IIED, 9) wrongful termination, 10) breach of contract, 11) breach of the implied covenant of good faith and fair deal...

Excerpt: ...rd Page 10 of 26 in Las Vegas, Nevada. Plaintiff paid $20,000 to Marilyn Louise Ball dba Las Vegas Walk of Stars and $5,000 to Pablo Antonio Castro Zavala dba Stars Productions Las Vegas. The remaining $3,000 was to be paid after the star dedication ceremony. On January 18, 2020, Plaintiff was informed that her star dedication ceremony would take place on May 18, 2020. Due to the pandemic, this did not occur. She never received a star and eventua...

Excerpt: ...nt motion arises from a premises liability/personal injury suit alleging that Defendant's spa contained excessive, dangerous, and hazardous amounts of chemical(s) that made the spa unsafe and dangerous for hotel guests and others. Plaintiff moves the court to compel Defendant Hilton to respond to Plaintiff's Requests for Production of Documents, Set Two, and for sanctions against Defendant in the amount of $1,775.00 on the ground that Defendant h...

Excerpt: ...nel Energy Center, LLC (Sentinel), Mott MacDonald LLC (Mott), Gemma Power Systems California, Inc. (Gemma) and Diamond Generating Corporation (DGC). Plaintiffs are the mother and son of the decedent, Daniel Collins. The instant matter went to jury trial in July 2022 and a special verdict was filed on 7/27/22. With credit for the settlement with Mott, Plaintiffs were awarded a total of $56,960,000 to Denise Collins, and $88,000,000 to Christopher ...

Excerpt: ... entered an order in the Lockhart action (RIC1507504) certifying a class of “all non‐exempt or hourly employees who worked at any of Columbia's retail facilities in the State of California” during the Class Period (defined as “June 23, 2011 up to the deadline by which class members may opt‐out after being provided notice of certification”). (See Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification [fil...

Excerpt: ...Defendant Lozano for contribution or indemnity are hereby dismissed with prejudice. The cross‐ complaint of Circle K. Stores, Inc. against Defendant Lozano is dismissed in its entirety. Moving party to provide notice pursuant to CCP 1019.5. On 4/14/21, Plaintiff Karol Counce filed the instant personal injury action against Defendants Circle K Stores, Inc. and Lozano Plumbing Services, Inc. for injuries incurred on 2/3/20. Plaintiff alleges that...

Excerpt: ....7, 2924.9, and 2924.10, as well as causes of action for negligence, unfair business practices, cancellation of written instrument, and wrongful foreclosure arising from the alleged HBOR violations. 7 causes of action (COA) are alleged. The genesis of the facts giving rise to the instant suit are from May 12, 2006, when Plaintiff obtained a mortgage loan (“Loan”) in the amount of $317,400.00 from K. Hovnanian American Mortgage, LLC, secured b...

Excerpt: ...e 2nd, 6th and 7th causes of action. Plaintiff granted leave to file 1st Amended Complaint consistent with this order within 10‐days of service of notice. Defendant to provide 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 BH...

Excerpt: ...bers of the decedent, Richard L. Hassett, who have filed this action, against Defendant skilled nursing facility. Plaintiff Shirley J. Hassett, as successor‐in‐interest to the decedent, alleges a claim for elder abuse under the Welfare and Institution Code, negligence, and violation of residents rights (Health & Saf. Code, § 1430(b)). Plaintiff Shirley J. Hassett is also joined by the decedent's surviving children, Victoria L. Gaffney and Mi...

Excerpt: ...ads 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 two attorneys have discussed this at some length and cannot agree. Defendant now moves for a protective order requiring plaintiffs to...

Excerpt: ...rovide notice 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 $20,000 subject to the mortgage. Defendant did not have the ...

Excerpt: ...factured and distributed by FCA. (Complaint, ¶ 10.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warranty period and that FCA and its representative were unable to repair the Vehicle after a reasonable number of attempts. (Complaint, ¶¶ 15‐17.) The Complaint sets forth five causes of action: (1) Violation of Song‐Beverly Act, Civ. Code § 1793.2(d) (against FCA); (2) Violation of Song‐Be...

Excerpt: ..., Inc. against Defendant Lozano is dismissed in its entirety. Moving party to provide notice pursuant to CCP 1019.5. On 4/14/21, Plaintiff Karol Counce filed the instant personal injury action against Defendants Circle K Stores, Inc. and Lozano Plumbing Services, Inc. for injuries incurred on 2/3/20. Plaintiff alleges that while using a toilet at Circle K, the toilet was not sealed or bolted to the ground, shifted and toppled to one side causing ...