Excerpt: ...'s written demand and subsequent written explanation of the authority on which the demand was made, and DMG's further written notice of intent to file this motion. In support of its motion, Defendant asserts that this case arises in the context of a commercial transaction between merchants‐‐Plaintiff, a licensed contractor, and Defendant, a manufacturer's representative of heating, ventilating and air conditioning equipment. Plaintiff entered...

Excerpt: ...ns contained within the purchase agreements are broad enough to cover the claims asserted against the moving Defendants, but concluded that the evidence submitted by Defendants in support of the fee motion was too general to assist the court in determining whether the fees requested were reasonable. For that reason, the court denied the motion, inviting Defendants to file a subsequent motion for attorneys' fees on or before August 1, 2022. The fa...

Excerpt: ...act, 2) slander of title, violation of HBOR, and 4) UCL violations arising out of the servicing of Plaintiff's mortgage. Plaintiff seeks a preliminary injunction to stop a pending non‐judicial foreclosure of Plaintiff's Property. On or around January 14, 2022, Affinia Default, on behalf of U.S. Bank, recorded a Notice of Trustee's Sale on Plaintiff's Property scheduled to take place on July 26, 2022. The court entered a TRO and set this matter ...

Excerpt: ..., Inc. dba The Red Barn, alleges that it owned and/or had an insurable interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (AVI) engages in the business of procuring commercial insurance policies for consumers and businesses in California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. How...

Excerpt: ...was previously continued on June 29, 2022 to allow Defendant an opportunity to satisfy its statutory obligation to meet and confer in accordance with CCP §§ 430.41(a). The parties subsequently discussed the pending demurrer, and defense counsel filed a supplemental declaration. The declaration does not fully comply with the court's June 29, 2022 order and defense counsel notably does not indicate that the parties spoke on the telephone or in pe...

Excerpt: ...omplaint Filed April 12, 2022 Defendant demurs on the grounds that the complaint fails to state a cause of action on the grounds that notice was provided by substitute service, expiration of the lease is not a sufficient ground for the action, waiver of “nonexistent rent” is insufficient relocation assistance, and the complaint is uncertain. In opposition, Defendant asserts that the lease expiration is not the only basis for the eviction beca...

Excerpt: ...at the court take judicial notice of the First Amended Complaint (FAC) and the order granting Plaintiffs' motion for summary adjudication on September 9, 2019 is granted. (Evid. Code § 452(d).) This request was not opposed. Plaintiffs' request that the court take judicial notice of the original trial date, May 27, 2022, and the date the present motion was filed, April 18, 2022, is granted. (Evid. Code § 452(d), (h).) This request was not oppose...

Excerpt: ...this action and in the related actions, requests 1‐6, are granted. (Evid. Code § 452(d), (h).) 2 nd Amended Complaint Allegations and Issues Raised by Moving Party, Plaintiff Plaintiff, The Morningside Community Association alleges 7 causes of action (COA) against their former attorney David Peters and the law firm of Peters & Freedman, LLP for 1) legal malpractice, 2) negligence, 3) breach of fiduciary duty, 4) breach of statutory duty, 5) eq...

Excerpt: ...ty to provide notice pursuant to CCP 1019.5. Defendant to file proposed judgment within 10‐days of service of notice. Requests for Judicial Notice (RJN) Defendants' request that the court take judicial notice of facts related to the pleadings filed in this action and in the related actions, requests 1‐ 10, are granted. (Evid. Code § 452(d), (h).) First Amended Complaint Allegations and Remaining Causes of Action (COA) On November 17, 2015, a...

Excerpt: ...it. Eduardo Espinoza (“Plaintiff”) purchased a 2015 Volvo S60 (“subject vehicle”) manufactured by Volvo Car USA, LLC (“Volvo”). Plaintiff alleges that the subject vehicle was delivered with or developed a number of serious defects, including defects to the engine, defects to the front window, defects to the shifter knob, defects effecting the oil trap, defects that caused the driver's side front door to fail to stay closed, defects to...

Excerpt: ... 15, 2020 and the operative first amended complaint (“FAC”) on November 6, 2020 against defendant Palm Springs Unified School District (the “District”). Plaintiff, an elementary school teacher with over 20 years of experience, alleges that the District retaliated against him for making complaints of, among other things, discrimination and harassment based upon his disability and sexual orientation. During his employment, Plaintiff submitt...

Excerpt: ... Vall Drive in Rancho Mirage. Plaintiff alleges he slipped and fell when the walkway ended abruptly and, given the poor lighting, he could not see this condition. On May 21, 2021, Plaintiff submitted his claim for damages with the City of Rancho Mirage and/or the County of Riverside. On June 22, 2021, Defendant County of Riverside provided Petitioner with a declaration that stated the location of the incident was within the limits of the City of ...

Excerpt: ...ailed to meet their initial burden of producing evidence to make a prima facie showing, objections to evidence provided by Defendants were immaterial in the Court's analysis. Objections properly presented in compliance with CRC 3.1352, but not ruled on, are preserved for appeal. (Code Civ. Proc., §437c(q); see also Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532.) Plaintiffs bring this action against the developer of an industrial commercial dev...

Excerpt: ... concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions. (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.).) Defendant Cardenas Three is a Defendant in the master case. In that case, Defendant Cardenas Three moved the court for summary judgment...

Excerpt: ... negligence against the City of Rancho Mirage and the County of Riverside. Plaintiff alleges that on December 18, 2020, he slipped and fell on the sidewalk of Frank Sinatra Drive and Da Vall Drive in Rancho Mirage. Plaintiff alleges he slipped and fell when the walkway ended abruptly and, given the poor lighting, he could not see this condition. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of ac...

Excerpt: ... Star Media dba Exhibiteam is in the business of providing exhibit booths for companies to feature their products at events, like trade shows and festivals. Plaintiff has provided these services to Defendant Kings Garden in the past. On November 21, 2021, Plaintiff provided Defendants with the pricing and design for a display booth, which Defendants approved. Plaintiff alleges the parties entered into a written agreement on November 22, 2021 unde...

Excerpt: ...s no proof of service indicating that TravelHost Network was served with the Opposition electronically or otherwise. Since defendants were able to timely file a reply on the merits though there is no prejudice from any irregularity in service of the Opposition as will be discussed further below. Plaintiff alleges he purchased from Defendant David Portener (not a party to the instant motion) the tangible and intangible assets related to the publis...

Excerpt: ...properly licensed at the time it was awarded the contract with Desert Horizon, such conduct would not amount to actionable unlawful interference. (Settimo Associates v. Environ Systems, Inc. (1993) 14 Cal.App.4th 842, 846.) Likewise, Defendant's RJN of minute orders, tentative ruling and Plaintiff's responses to written discovery are also denied. On October 16, 2020 Plaintiff NPG, Inc. (“Plaintiff”) filed the original complaint in this unfair...

Excerpt: ...ation, 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.” Defendants Jerry Darakjian, Ann Darakjian and Nicole Darakjian demur to the entire FAC on the grounds of uncertainty. In addition, Defendants demur to the 2nd – 6th causes of action on the grounds ...

Excerpt: ...8.10(b)). “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove…the facts requisite to an effective service. [Citation.]” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, internal quotes omitted.) Filing a motion to quash automatically extends defendant's time to plead until 15 days after service of notice that the motion has been denied. (C...

Excerpt: ...ursuant to CCP 1019.5. Hearing will be conducted on July 18, 2022, to set future Order to Show Cause (OSC) hearing date as to why sanctions up to, but not to exceed $1,500.00 and/or dismissal should not be imposed as to JOSEPH HAKOPIAN, ESQ. and J. PAT FERRARIS, ESQ. On February 17, 2022, Plaintiff filed a Complaint against Defendants alleging motor vehicle, negligence, and negligence per se. (Compl. 4–5.) The Complaint alleges that, on June 20...

Excerpt: ...s to City of Rancho Mirage Exhibits: A; B; C; D; E; F; G; J; and K. Denied as to Exhibits H and I. Petitioner/Plaintiff, Vacation Rental Owners and Neighbors of Rancho Mirage (VRON‐RM), filed its operative First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief (FAP) against Respondent/Defendant, City of Rancho Mirage (City.) VRON‐RM's purpose is to protect the interests of short‐term rental (STR) deve...

Excerpt: ... – Granted. RFP No. 60 – Granted. RFP No. 61 – Granted RFP No. 62 – Granted. Defendant's Opposition was untimely, but was reviewed and considered. Plaintiff may reply orally at hearing if they wish. Defendant ordered to produce documents on motions granted within 30‐days of service of notice. Prevailing party (Plaintiff) to provide notice pursuant to CCP 1019.5. Song‐Beverly Act, lemon law, case. Plaintiffs Anthony Cebreros and Romulo...

Excerpt: ...inst Defendant Agape Springs, the owner and operator of the park, for its alleged failure and willful refusal to make repairs and proper maintenance of the common areas of the premises. Plaintiffs complain of a long list of alleged substandard conditions existing at the mobile home park which pose a health hazard to Plaintiffs. Plaintiffs are claiming that Defendant's conscious disregard of Plaintiffs' rights and safety and by failing to make rep...

Excerpt: ...nt or cause unnecessary delay. (See Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) The liberal policy of permitting amendments should prevail. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564‐565.) Plaintiff is granted 20 days leave to amend; leave to amend is limited to the portions of the complaint at issue in the motion. Prevailing party to give notice pursuant to CCP 1019.5. Plaintiff Jose Ortiz (“Plaintiff”) filed the comp...