Excerpt: ...ltes, on the grounds that it was improper, not supported by the facts, and the result of due process violations by the City. Petitioner's Opening Brief Petitoner argues that the amount of tax assessed by the City, including interest and penalties, was improper, not supported by the facts and violated its due process rights. Specifically, Pettioner argues that the City's decision and the hearing was conducted under the wrong provision (i.e., PSMC ...

Excerpt: ...Ciletti filed the instant action against Defendants Rheem Manufacturing, The Home Depot lnc, Continental Assurance Co- No America, Melet Plastics, Ace/chubb et al. on March 10, 2023. Plaintiff alleges she purchased a water heater designed by Rheem Manufacturing at Home Depot that was defective. Plaintiff alleges the water heater flooded and caused water damage, mold, damage to the water heater closet, floors, baseboards, doors, and rooms adjacent...

Excerpt: ...ranted by Defendant General Motors, LLC ("GM"). Along with the purchase of the Vehicle, GM expressly warranted to fix or repair any defects in workmanship or materials for three years or 36,000 miles under the bumper to bumper warranty and five year or 60,000 miles under the powertrain warranty. (FAC '1 9.) Shortly after purchase, Plaintiff began to experience significant problems with the Vehicle's transmission. Plaintiff brought the Vehicle in ...

Excerpt: ...Plaintiffs Ruben Vega and Rosalie Vega ("Plaintiffs") allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On November 29, 2022, Plaintiffs filed their complaint against Defendant General Motors, LLC ("Defendant" or "GM"): (1) breach of implied warranty of m...

Excerpt: ...P 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, and that he had the legal power and right, without the need for ...

Excerpt: ...otion to Strike Plaintiff's Complaint Pursuant to the anti-SLAPP Statute Code of Civil Procedure S 425.16 ("the ant-SLAPP Motion") in fts entirety without leave to amend. As a result, Plaintiff's Complaint for (1) retaliation for exercise of rights, and (2) California Family Rights Act retaliation was stricken, as were the claims for punitive damages and other relief Plaintiff. As a prevailing defendant on an ant-SLAPP Motion, pursuant to Code of...

Excerpt: ...at occurred on July 17, 2019. Plaintiff Jerry Cradduck alleges that he suffered serious skin and respiratory injuries caused by excessive chemical levels in the spa at the Embassy Suites Palm Desert. Plaintiff sued the hotel operator and franchisee, EHT ESPD, LLC ("EHT") and the parent company of the franchisor, Hilton Domestic Operating Company, Inc. ("Hilton"). Liberty Mutual Insurance Company (together with EHT, "Liberty") intervened in this a...

Excerpt: ... Chavez, made racist comments about white males, which were substantiated by three separate investigators. Defendant Metropolitan Water District of Southern California failed to correct Chavez's behavior, and instead redacted a report that had allegations of Chavez, promoted her, etc. Plaintiff was not promoted due to his complaint. Page 9 of 11 On 10/31/23, Plaintiff filed his complaint for: (1) race discrimination; (2) race harassment; (3) gend...

Excerpt: ...os Angeles Superior Court Case BC480956 deeming his security interests forfeit is void as his interests were not represented and no notice of the relief granted was given. In addition, Plaintiff asserts that the ruling is void because the court may not rule on matters not requested and noticed in the motion. Plaintiff asserts that as the ruling is void then there is no second action to which the one action rule applies. Therefore, Plaintiff asser...

Excerpt: ... fraud, or malice in the commission of the abuse described here" found in paragraph 60, page 13. (1st cause of action.) 2. The words, "and was despicable conduct that subjected Plaintiff to a cruel and unjust hardship in conscious disregard of Plaintiff's rights, so as to justify an award of exemplary and punitive damages" found in paragraph 83, page 17. (2nd cause of action.) 3. The words, "[t]he profits received by Defendants from a vulnerable ...

Excerpt: ...Plaintiffs filed their complaint for: (1) violation of Civil Code 5896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On 4/7/21, the Toscana Defendants filed a cross-complaint for indemnity, breach of warranties, breach of contract, negligence, contribution and declaratory relief against the sub contractors. The subcontractors then filed their own cross-complaints for indemnity and contribution. Pursuant to a stipulation fil...

Excerpt: ... final. Defendant to provide notice pursuant to CCP 1019.5. On August 28, 2023, Plaintiff Codie Lea Koenke ("Plaintiff") filed a Verified Complaint against Defendants Mohammed Zakhireh, M.D. ("Dr. Zakhireh") and Zak Medical Corp. ("Zak Medical") (collectively, "Defendants"), alleging (1) harassment (CCP S 527.6), (2) violation of Fair Employment and Housing Act ("FEHA"), (3) intentional infliction of emotional distress ("IIED"), and (4) negligent...

Excerpt: ...is further ordered to pay attorney's fees and costs to moving party in the amount of $508.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. Responding party is ordered to serve verified responses to the Demand for Production of Documents, set 1, Nos. 1, 2, 3, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 55, 73, 74, 75, and 77 without...

Excerpt: ...llectively, "Plaintiffs") allege Mandy Zhang is a real estate agent and that since 2016 she has specialized in the acquisition of undeveloped parcels of real estate zoned for the growth of hemp and cannabis. Plaintiffs also alleges that when requested by customers, Mandy Zhang proVdes management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversight and project management busine...

Excerpt: ...ersuasion and production; thus the burden does not shift to the plaintiff to raise a triable issue of material fact; and (2) the plaintiff raises triable issues of material fact. The Defendant Has a Duty of Due Care for the Plaintiffs Safety The plaintiff, Valerie Veronica Gonzales, and the defendant, Bourn Family LLC, agree that the elements of a negligence claim and a premises liability claim are the same. 80th require a legal duty of care, a b...

Excerpt: ...intiff to obtain a conditional use permit, at the property. (Comp. , '1 11, Exh. A.) Plaintiff alleges Defendant Tod Gary Davidson is the alter ego of Mirage. Plaintiff alleges Defendant overbilled in excess of $70,000 for work not completed or authorized, did not perform the work according to the plans, required Plaintiff to pay subcontractors directly, failed to follow codes and failed to show up to the jobsite. Plaintiff alleges a claim on Mir...

Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massiello to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...

Excerpt: ...ged that prior to 2009, Rancho Palms was home to low-income, predominately Hispanic families, most of whom paid $350/month. Rancho Palms was subject to a recorded Declaration of Affordable Housing Covenant through 2054. In 2009, the City and Housing Authority purchased the Park to convert it to a community for low-income individuals aged 55 and older. Plaintiffs alleged that to accomplish this replacement, the City began a campaign of harassment ...

Excerpt: ...breach of express warranty; (2) breach of implied warranty; and (3) Civil Code 51793.2. On the day of trial, the court referred the matter to mediation, which ultimately resulted in a settlement. Here, Plaintiff moves for attorney fees of $100,433.71 that consists in fees of $23,872.50 for Quill & Arrow, $43,337.24 for West Point Legal, a 1.35 multiplier, $3,700.56 in costs, and an additional $6,000 for the reply and attend the hearing. Defendant...

Excerpt: ...ch of contract and 2) negligence arising out of an agreement by Defendant United Brothers Concrete, Inc. to lay foundation and build block walls for Plaintiff's property. Defendant moves the court to set aside the default entered against them on August 29, 2023 on the grounds of mistake, inadvertence, surprise and/or excusable neglect pursuant to CCP S 473(b). Here, defendant brought the documents to his attorney (discovery Request for Admissions...

Excerpt: ... assault and battery against Defendants, WG Hacienda SH LP ("WG Hacienda"), Ventas AOC Operating Holdings, LLC ("Ventas"), Atria Management Company, LLC ("Atria"), Robert Barton ("Barton"), and Robert Orsino ("Orsino") (together "Defendants"). In the Complaint, Plaintiff alleges she was a resident of a residential care facility for the elderly named Atria Hacienda, which was located at 44600 Monterey Avenue, Palm Desert, California (the "Facility...

Excerpt: ...rtment (the "City") responded to a call to help lift Mary Parks ("Decedent") out of bed, a "lift assist." Plaintiffs, the surviving heirs of Decedent, allege that the firefighters negligently dropped Decedent onto the floor, caused her head to strike the wall and caused Decedent's oxygen tank to become unplugged. Decedent became unresponsive and the firefighters began performing CPR. An ambulance of defendant American Medical Response, Inc. ("AMR...

Excerpt: ...Burrtec") hired Tanc and Bogel Constructon LLC dba Tanco ("Tanco") as its primary contractor to perform a construction project at its Edom Hill Compost property. Tanco hired Sky Construction Services, Inc. ("Plaintiff") to perform demolition and grading services for the project. Tanco has refused to pay Plaintiff $156,584.22 for services provided. The Complaint asserts the following causes of action: (1) breach of contract, (2) quantum meruit, an...

Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massieloo to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...

Excerpt: ... the imposition of terminating sanctions for discovery abuses and the striking of the answer, judgment was entered in fawr of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On May 10, 2023, Judgment Creditor served a subpoe...

Excerpt: ...Defendant entered -nto a Vacant Land Purchase Agreement and Joint Escrow Instructions (PSA), which was later assigned to Plaintiff, an entity with ownership common to High Sand Dessert, LLC. When Plaintiff and Palm 10 met to sign the PSA, the price was $1.5 million higher than what they had previously agreed to. Defendant, Susan Harvey (Harvey), served as the dual real estate agent of both parties, and represented to them that she had received a ...

Excerpt: ...ts Riverside Housing and Kulpa move to strike claims for punitive damages and attorney fees from the Complaint. As to punitive damages, Defendants contend that there is no basis to recover punitive damages for simple negligence absent additional factual pleading in accord with CC S 3294. As to attorney fees, Defendants contend that the Complaint does not plead a legally viable basis for the recovery of attorney's fees, which can only be recovered...

Excerpt: ...ersch, alleges three causes of action for 1) declaration of membership rights and order invalidating director appointment, 2) violations of a director's rights of inspection under Corp. Code 58334, and 3) violations of the common interest development open meeting act. On June 15, 2023, Plaintiffs filed an ex parte application to set a hearing date and specifying the manner of notice pursuant to Corp. Cade 57616. The court denied the ex parte appl...

Excerpt: ...uant to CCP 1019.5. This is a Song-Beverly Lemon Law case by Plaintiff Susan Danchak whose Complaint alleges 8 causes of action Defendants Ford Motor Company and Fiesta Ford, Inc. for 1) violation of Civ. code 51793.2(D), 2) violation of Civ. code 51793.2(B), 3) violation of Civ. code 4) breach of the implied warranty of merchantability, 5) fraudulent inducement— concealment, 6) negligent repair, and 7) violation of the Magnusson-Moss Warranty ...

Excerpt: ... to RFPs, Set one, Nos. #1-20, within 20 days of this order becoming final. Sanctions are denied. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed the complaint (the "Complaint") in this action on November 1, 2022 and the operative second amended complaint ("SAC") against defendant George Saezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust ("Defendant"). Plaintiff alleges that sh...

Excerpt: ...nstrument. Specifically, Plaintiff alleges he purchased the property and as a result of undue influence by Defendants Mat and Laurel Thomas, executed a grant deed transferring the property to him and Defendants as joint tenants. In response, Defendants filed their Cross-complaint alleging causes of action for partition, accounting, constructive trust and money had received. They contend that in August 2015, Plaintiff approached Defendant and stat...

Excerpt: ...tiff alleges that Defendant, Trulieve (founded by Defendant, Kim Rivers) has operated a chain of retail marijuana dispensaries throughout the U.S. Plaintiff alleges that Ms. Rivers is the CEO and Chairman of Trulieve and/or its parent company, and is a significant shareholder who effectively controls the business. Before the alleged events herein, Ms. Rivers partnered in the ownership and management of Trulieve with Benjamin Atkins — Plaintiff'...

Excerpt: ...lment; and (5) Public Nuisance. On July 24, 2023, this Court ordered Plaintiff to pay $5W.OO for failure to appear at a June 23, 2023 trial setting conference, and an additional $51% for the failure to participate in the drafting of a joint trial statute conference statement (Declaration of Shelan Toma, 93, Ex. A — Notice of Ruling), and $560 further on September 12, 2023 to be paid jointly and severally by Plaintiff's counsel and Plaintiff for...

Excerpt: ...lege that Defendant Marc Alan Ewingregan ("Defendant") was driving while intoxicated when he drove his vehicle into the vehicle in which Plaintiff Hector was driving and Plaintiff Ava was a passenger, causing damage and injuries to both Plaintiffs. Plaintiffs assert claims for negligence and motor vehicle negligence, and seeks punitive damages against Defendant. In his demurrer, Defendant argues the "cause of action" for punitive damages fails to...

Excerpt: ...5 after hearing. Plaintiff Oasis Independent Medical Inc. ("Plaintiff" or "Desert Oasis") filed the Complaint in this action on October 6, 2023, against Defendants, Job Lopez, Nurse Practitioner ("NP Lopez"); Juan M. Acosta, M.D. ("Dr. Acosta"); Coachella Valley Medical Group IPA Inc. ("CVMG"); Francisco Cordova, M.D. ("Dr. Cordova"); Carlos Lopez, M.D. ("Dr. Lopez"), and CoachellaMed. The Complaint sets forth seven causes of action: (1) Breach o...

Excerpt: ...hase date of the subject vehicle on September 3, 2019, to the filing of the instant achon on May 18, 2023). Responding party is also ordered to pay sanctions in the amount of payable to moving party's counsel within 30 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a lemon law case. On September 3, 2019, Plaintiff purchased a 2019 GMC Sierra 15W, which was manufactured and warranted by Defendant....

Excerpt: ...ith Defendant, Volkswagen Group of America, Inc., about their 2019 Volkswagen Jetta. Plaintiff allege they revoked acceptance of the subject vehicle under the Song Beverly Act (SBA) due to defects and nonconformities that manifested within the warranty period including body defects, engine defects, electrical defects, among others. The alleged defects impair the use, value, or safety of the vehicle making it worthless. Defendant, VWGOA, was unabl...

Excerpt: ...Group ("EMC") for, among other things, negligence, premises liability, loss of consortium, and negligent infliction of emotional distress. Plaintiffs allege that on April 22, 2017, Victoria was pushing Bernard on his walker through the premises of EMC, and the walker caught on a raised area at the entry to the parking lot, causing Bernard to fall backward and hit his head on the pavement. (Complaint at '1 12.) In December 2020, Bernard was depose...

Excerpt: ...or interference with contractual relationships to the existing complaint against Laverne Dewald ("Dewald"), Brian Davis ("Davis"), Paul Jones ("Jones"), Joe Tucker ("Tucker") and Tom Salinas ("Salinas"). In reviewing the prior motion, the court found that the proposed amended complaint failed to allege any facts to support "wrongful conduct" by the defendants as the formation of a competing softball league does not constitute wrongful conduct, bu...

Excerpt: ...swer, judgment was entered in favor of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On June 24, 2023, Judgment Creditor served his first set of requests for production of documents and s#cial interrogatories. On August 11...

Excerpt: ...e vehicle was sold with bumper-to-bumper and other express warranties. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff asserts that, despite its inability to repair the Subject Vehicle, Defendant refused to repurchase the vehicle in violation of the Song Beverly Consumer Warranties Act ("Song Beverly Ac"). Plaintiff also alleges that ...

Excerpt: ...3, ruling in Kielar v. Superior Court of Placer County (2023) 94 Cal.App.5th 614. In opposition, Defendant asserts that Plaintiff's motion is entirely untimely and procedurally improper, as Plaintiffs ask this Court to change its ruling from nearly two years ago from November 18, 2021. Further, the cases that Plaintiff relies on not only do not overturn the ruling in Felisilda, at best they create a split in authority, but are also distinguishabl...

Excerpt: ... Setting Conference (TSC) with both counsel ordered to file joint TSC declaration 10 days prior to hearing and OSC set for same date and time for failure to comply with court order. Moving party to provide notice pursuant to CCP 1019.5. On January 17, 2023, petitioner/ plaintiff Jags Care ("Jags Care"; "Jags"; or "Plaintiff") filed the Verified Petition for Writ of Mandate and Complaint against the County of Riverside ("the County" or "Defendant"...

Excerpt: ... special interrogatories on Defendant seeking financial information and records. (Yost Decl. at "13-5.) On August 11, 2023, Defendant served objections to the discovery, in which he allegedly complained about actions taken by Plaintiff and his counsel during the course of the litigation and beyond. (Yost Decl. at 6-8.) Plaintiff contacted Defendant and requested that Defendant agree to seal those portions of the objections, and Defendant refused....

Excerpt: ...ion. Defendant Breckenridge to provide notice pursuant to CCP 1019.5. Plaintiff Wendy Gray ("Plaintiff") filed the verified complaint (the "Complaint") in this matter on May 30, 2023 against defendants Reverse Mortgage Funcrng, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subje...

Excerpt: ...o CCP 1019.5. This is a lemon law case. On April 4, 2015, Plaintiff Orlando Sanchez ("Plaintiff") purchased a new 2015 GMC Sierra 1500 ("Subject Vehicle"), which was manufactured or distributed by Defendant General Motors, LLC ("Defendant"). The vehicle was sold with a manufacturer bumper-to-bumper warranty, powertrain warranty and emissions warranty. Plaintiff alleges that Defendant had knowledge that the transmission model installed in the Subj...

Excerpt: ...the spa at the Hotel when he experienced diffculty breathing, shortness of breath, chest tightness and pain. He also felt a burning sensation in his skin and developed a rash. Plaintiff alleges that the spa contained unsafe levels of chemicals that caused severe chemical burns to his body and injuries to his lungs and respiratory system. On October 1, 2019, Plaintiff filed his Complaint for Negligence against Hilton and Defendant EHT ESPD, LLC. O...

Excerpt: ... Deposition to take place within 46 days of October 26, 2023.2. cvps2203383 PILUTlKvs GENERAL MOTORS, LLC Hearing re: Plaintiff's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set Two Tentative Ruling: Granted. Responding party is ordered to serve verified responses to the Demand for Production of Set Two, Nos. 70-71, 73-78, 80-85, 87-92, and 94-96 without objections within 30 days of service of notice (CC...

Excerpt: ...that, in she and Defendant Brandon Weimer, who were then high school friends, began a joint venture to sell toffee as a fundraiser, which they later turned into an actual business, which became Brandini Enterprises, Inc. (Second Amended Complaint ["SAC" l, 10.) It is further alleged by Plaintiff that, as the two friends were still minors at that time, they got their parents involved in the business, and all of them entered an oral partnership agr...

Excerpt: ...t General Motors, LLC ("GM" or "Defendant") regarding a 2017 Cadillac XT5 which was manufactured and distributed by GM. Plaintiffs allege they purchased the vehicle at Boulevard Cadillac, a GM authorized dealer. (First Amended Complaint ("FAC"), '1 6.) Plaintiffs allege that the vehicle came with material defects and nonconformities to warranw, including transmission defects, infotainment defects, engine defects, and electrical defects, that GM's...

Excerpt: ... Nicodemus ("Nicodemus"), alleging claims for: 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and constructve trust. Plaintiff was an elder as defined by the Welfare and Institutions Code when Defendants committed the abuse. Defendants Kenagy and Nicodemus jointly move to stay and/or abate the action pend-ng final resolution of the achon entitled Judith Nicodemus vs. Stephen Nicodemus and Shawn N...

Excerpt: ...ce for the summons and complaint shows that moving parties, Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, were served on June 29, 2023. Defendants now move this court to quash depsiton notices pursuant to California Code of Civil Procedure section 2025.410, subd. (c), and for a protective order pursuant to California Code of Civil Procedure section 2025.420, subds. (a) and (b), and for monetary sanction against plaintiff Jeff Joh...

Excerpt: ...he defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and its deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject pro#rties be quieted in Cardenas as of July 24, 2018, free of all liens asserted by Plaint...

Excerpt: ... Plaintiff alleges her knee implants were not properly sterilized, which led to her infections. Defendant asserts there are two acceptable methods for sterilization: Hydrogen Peroxide (VHP) and Ethlyene Oxide (EO). (IJMF 13.) The method that utilizes VHP is completed in-house at Conformis, while the method that utilizes EO is completed off-site by Steris. (UMF 16.) Steris is a thirdparty that provides contract sterilization, laboratory testing, a...

Excerpt: ...jury trial in their complaint. A CMC was held on September 27, 2022, but Plaintiffs did not post jury fees at this time. An initial Trial Setting Conference ("TSC") was held on March 9, 2023, and a second TSC was held on July 25, 2023. At the July 2023 TSC, Plaintiffs' counsel allegedly first became aware that Plaintiffs had not posted jury fees. The court set a bench trial for February 23, 2024. The present Motion follows. Plaintiffs contend the...

Excerpt: ... provide notice pursuant to CCP 1019.5. Plaintiffs Cindy Balch, Lavonne Perez and Egle Balsiene (collectively, "Plaintiffs") filed the complaint in this achon on April 13, 2023 and the operative first amended complaint ("FAC") on August 17, 2023 against defendant Eisenhower Medical Center ("EMC"). The Complaint sets forth six causes of action: (1) Religious Creed Discrimination — Failure to Accommodate (FEHA); (2) Medical Condition Discriminati...

Excerpt: ...munity, which is overseen by Defendant Toscana Homeowners' Association ("HOA") and Defendant William Overton ("Overton") is the executive director of the HOA. (FAC, 11-13.) Plaintiff alleges that he had a verbal altercation with Overton in September 2019 in which Overton falsely accused him of bullying older females. In October/November 2020, Plaintiff entered into an oral contract for third party Michael Horton ("Horton") to provide landscaping ...

Excerpt: ...ower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of action: (1) violation of FEHA - religious creed discrimination and failure to accommodate, (2) violation of FEHA - medical condition discrimination and failure to accommodate, (3) violation of FEHA- reta...

Excerpt: ...motion to strike. As part of the meet and confer process, Defendant shall identify all of the specific causes of action that believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for his position that the pleading is legally sufficient or, in the alternative, how the Complaint could be amended to cure any legal insufficiency. After meeting and conferring, Defendant sh...

Excerpt: ...uled in favor of Plaintiffs and against the defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject properties be quieted in Cardenas as of July 24, 2018...

Excerpt: ...45.) A week later, Myers develo#d a low-grade fever and some wheezing and coughing. (946.) Myers went to Eisenhower Health on February 19, 2021. (947.) Myers' physicians administered a COVID-19 "protocol" over the next four days which included use of the drugs Remdesivir, Dexamethasone, and Tocilizumab. (950.) Plaintiff alleges these drugs carried substantial risks and were not necessary or appropriate to treat Covid-19. (11923-39.) Plaintiff all...

Excerpt: ...eral Motors, LLC ("GM"). On February 19, 2023, Plaintiff crashed the subject vehicle into a parked car causing the airbags to deploy. Plaintiff alleges that the airbags were negligently designed or manufactured such that Plaintiff suffered horrible fourth degree burns on her legs as well as other injuries. On June 20, 2023, Plaintiff filed her Complaint. She asserts eight causes of action for: (1) Strict Liability—Manufacturing Defect; (2) Stri...

Excerpt: ... 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 by Plaintiffs Ki Burton and Paul Crawford alleging five causes of action against Defendant Eisenhower Medical Center for: 1) failure to accommodate/medical discrimination, 2) failure to accommodate/religious creed discrimination, 3) genetic information discriminat...

Excerpt: ... property that Judgment Debtor and his family rented and occupied from December 2019 — September 2021. The SDT seeks information in Acorn's possession and control including "lease applications, credit checks, background checks, bank references, personal references, lease agreements, and lease modifications or amendments." It also seeks records "concerning or related to payments received from the Judgment Debtor" or made by Acorn "to the Judgmen...

Excerpt: ...ator for the Estate of Edward James Schloss ("Plaintiff or "Judgment Creditor"). (Hellmich Decl. 2.) Defendant Quantum Materials Corp. ("Quantum") isa Nevada corporation with its principal place of business in Texas. (ld. at '14.) Solterra Renewable Technologies, Inc. ("Solterra") is a Delaware corporation with its principal place of business in Texas. (ld. at 6.) Solterra is Quantum's wholly owned subsidiary. (ld.) Defendant Stephen Squires ("Mr...

Excerpt: ...") in this action on April 5, 2019 against defendants Compass Health Care Brands Corporation ("Compass"), Invacare Corporation (erroneously named as Invacare Corporation) ("Invacare") and Eisenhower Medical Center ("EMC") (collectively, "Defendants"). Plaintiffs allege that on April 22, 2017, Bernard and his daughter (Victoria) were visiting a relative at EMC in Rancho Mirage. (Complaint, 12.) Bernard, who had been recovering from surgery, was ut...

Excerpt: ...inst defendants Reverse Mortgage Funding, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Com...

Excerpt: ...18, Defendant entered into a written lease (the "Lease") for a unit ("Unit" or "Premises") at the property (the "Property") located on Hobsonway in Blythe, CA owned by Blythe Internal Medicine Clinic ("81MC"). (SAC, '1 26-27, Exhibit C.) Plaintiff thereafter acquired the Property from BIMC on August 26, 2021. (SAC, 23.) The Lease provides for an initial term of one year and renews automatically unless changed by the mutual agreement of the partie...

Excerpt: ..., (2) violation of Civil Code S 1793.2(b), (3) violation of Civil Code S 1793.2(a)(3), (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiff contends that he has noticed the PMK deposition multiple times but Defendant refuses to produce a PMK for relevant categories of testimony. Plaintiff c...

Excerpt: ... floor, causing her to get immediate surgery done on her knee. Plaintiff filed the Complaint on February 10, 2022, alleging premises liability and general negligence. Plaintiff contends she sent a letter three days after the incident demanding Defendant to preserve any evidence. Despite admitting in written discovery that there are eight cameras on the property, Defendant failed to produce video depicting the incident claiming that the footage no...

Excerpt: ...laintiff") purchased a 2022 Chevrolet Blazer ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant") authorized repair facility on numerous occasions for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Ni...

Excerpt: ...cal malpractice action. This case arises from two knee replacement surgeries performed by orthopedic surgeon DR. RAJ SINHA ("Defendant") on NANCY LABODA ("Plaintiff"). he operative First Amended Complaint (FAC) alleges claims for: (1) professional negligence/medical malpractice; (2) failure to obtain informed consent; (3) products liability; and (4) intentional concealment. Plaintiff's FAC alleges that Dr. Sinha and Star Orthopedics performed kne...

Excerpt: ...s that on July 17, 2019, he was using the spa at the Hotel when he experienced difficulty breathing, shortness of breath, chest tightness and pain. He also felt a burning sensation in his skin and developed a rash. Plaintiff alleges that the spa contained unsafe levels of chemicals that caused severe chemical burns to his body and injuries to his lungs and respiratory system. On October 1, 2019, Plaintiff filed his Complaint for Negligence agains...

Excerpt: ...rt) and Manuel Saint Martin, MD (a psychiatry expert) for his ongoing complaints related to the injuries. Defendant contends that Plaintiff has put his mental and neurologic conditions at issue and good cause exists for the examinations. Defendants assert that Plaintiff and his counsel have refused to agree to the exams. In Opposition, Plaintiff contends that Defendant did not properly meet and confer regarding the psychiatric examination and any...

Excerpt: ...Home Depot Inc., Continental Assurance Co-No. America, Melet Plastics, Ace/chubb et al. on March 10, 2023. Plaintiff alleges she purchased a water heater designed by Rheem Manufacturing at Home Depot that was defective. Plaintiff alleges the water heater flooded and caused water damage, mold, damage to the water heater closet, floors, baseboards, doors, and rooms adjacent to the water heater closet. Plaintiff alleges Defendants were aware of the ...

Excerpt: ...the property for 10 years when he asked about transferring full title to his name. Defendant did not do so, and instead filed a lawsuit to Page 4 of 5 remove him from the property. Plaintiff also alleges he purchased a truck with Defendant, but she repossessed it despite the loan being paid offfrom the dealership. On March 2, 2023, Plaintiff filed this action. On June 20, 2023, Plaintiff filed his operative First Amended Complaint ("FAC") allegin...

Excerpt: ...fs filed a document entitled "Plaintiffs' [1] Specification of Additional Principal Controverted Issues, and Proposals Not Included in Statement of Decision, [2] Objections to Tentatve Statement of Decision, and [3] Request for Hearing," requesting, in part, that the Court award prejudgment interest not included in the tentative decision. On June 16, 2023, the Court issued a final statement of decision, which included findings in favor of Plainti...

Excerpt: ...h Castillas) ("Joseph") and Nany Casillas (erroneously named as Nancy Castillas and also named as Nancy Padilla) ("Nancy"). Plaintiff alleges that she was injured on April 10, 2023 when Defendants breached a duty of care when they failed to perform a needle procedure properly and safely. (Complaint, p. 3.) The Complaint sets forth a cause of action for negligence/professional negligence. Joseph and Nancy (hereinafter, "Defendants") now demur by t...

Excerpt: ...innells" or "Petitioners") became charter members of Respondent The Hideaway Club, Inc. ("Club"), a non-profit mutual benefit corporation which is a golf club. The Club Board of Directors consists of the individually named Robert McDonald, Kim Robak, Keith Kinsel, Steve Howe, Gail Hamilton, David Bynres, and Tim Statton ("Individual Michael was the General Manager of the Club for 11 years. The Finnells allege they were members in standing until M...

Excerpt: ...xually harassed her. Plaintiff overheard an accidental call from Palumbo making defamatory comments about Plaintiff. Thereafter, after Palumbo realized 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 compa...

Excerpt: ...to CCP 1019.5. This is a breach of contract case brought by Plaintiff Sergio Tellez for 1) foreclosure of mechanic's lien, 2) breach of written contract, 3) account stated, and 4) open book account against moving defendants David Snider, Snider Interests, LLC and Morongo Equity Partners l, LLC and other Defendants. Moving defendants filed a Cross-complaint against Tellez and Ræs 1 — 10) alleging two causes of action for 1) breach of contract (...

Excerpt: ...1 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 State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely clai...

Excerpt: ...aintiffs are father and son who have brought this action against a solar equipment and energy provider whose sales representative allegedly misrepresented the terms and conditions of the contract for installation of solar panels on a private property in order to induce the execution of the contract. It is alleged that Plaintiff Philip Gittelman is a 92-year-old homeowner who was told by Defendants' sales rep, Mo Heaps, that the solar panels would...

Excerpt: ...o provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had...

Excerpt: ...s that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, '1 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Complaint, 7.) Mollie had difficulty making the monthly mortgage payments, and in 2018, she entered into a reverse mortgage with RME (Complaint, 8-9.) Mollie died on September 24, 202...

Excerpt: ... ZAMBORELLI ENTERPRISES is ordered to file its memorandum of points and authorities in support of its opposition (See Cal. Rules of Court, rule 3.1350, subd. (e)(l) [the opposition to a motion for summary judgment or summary adjudication must contain a memorandum of points and authorities]) by 4:00 p.m. on Friday, September 1, 2023. On August 17, 2023, Zamborelli filed documents in support of its opposition, including a separate statement in resp...

Excerpt: ...alch, LaVonne Perez, and Egle Balsiene (collectively "Plaintiffs") were nurses for Eisenhower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) violation of FEHA — religious creed discrimination and failure to accommodate, (2) violation of FEHA ...

Excerpt: ...e documents to anyone outside of the current litigation. Finally, redactions are permitted subject to a privilege log advising moving part of the items redacted. Prevailing party ordered to give notice pursuant to CCP 51019.5. Plaintiff Minor Doe ("Minor Doe") brought this action against Defendants Coachella Valley Unified School District ("CVIJSD"), and Steven Mathew Moraga ("Moraga") alleging sexual assault of a minor, sexual harassment, failur...

Excerpt: .... Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agreed to dissolve. Cosek then obtained a reverse mortgage to take all...

Excerpt: ...ertain to the motion for summary judgment by 4:00 p.m. on Friday August 25, 2023. No exhibits will be accepted after. The instant motion was initially filed on June 08, 2023. On June 13, 2023, the Court granted Zamborelli's Ex Parte Application to shorten time to bring its summary judgment motion and summary adjudication motion less than 30 days prior to trial. At that same hearing, ARB'S counsel consented to waive the 75-day notce requirement fo...

Excerpt: ...n Salcido, deceased, alleges that on 4/5/19 on Indio Blvd. near Sun Gold Street in Indio, Defendants caused a motor vehicle accident when they struck a vehicle in which Kaitlen Salcido (Decedent) was a passenger. Decedent died from her injuries. Plaintiff alleges that Defendants, Alber Lopez and Gladys Ponce were operating the vehicle, with permission from Defendants, Omar Camera, Veronica Camera, and Jose Gutierrez. Plaintiff filed her Complaint...

Excerpt: ... that (1) Plaintiffs Davenports' breach of contract cause of action fails as a matter of law because they cannot establish a breach; and (2) Plaintiffs' declaratory relief cause of action fails as a matter of law because they cannot establish that they are entitled to coverage under the insurance contract, i.e., the insurance policy. Page 5 of 11 Plaintiffs are homeowners who have brought this achon against their insurance carrier after the denia...

Excerpt: ...nts Pars Surgery, Inc. ("Pars") and Hossain Sahlolbei. Plaintiff alleges that on January 1, 2018, Pars (hereinafter, "Defendant") entered into a written lease (the "Lease") with Plaintiff's "predecessor" for a unit ("Unit" or "Premises") at the Property. (FAC, 25- 26, Exhibit A.) The Lease provdes for an initial term of one year and renews automatically unless changed by the mutual agreement of the parties; the rent was set at $1,000 per month, w...

Excerpt: ...gorgement (22:12— 15, 24:9—10, 27:8, 27:11, 27:18); and Attorney's Fees (28:2). Those portions are ordered stricken. Defendant to provde notice pursuant to CCP 1019.5. Defendants concurrently move to strike portions of the Complaint on the grounds that they are irrelevant, false, or improper. Specifically, Defendants ask the Court to strike Plaintiffs' reference to the January 20, 2023 fire, as well as Plaintiffs' requests for disgorgement, t...

Excerpt: ..."Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, L C's ("Defendant") authorized repair facility on numerous for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Nicholas Yowarski ("Yowarski Decl."), '1 4.) Various defec...

Excerpt: ...P 1019.5. Plaintiffs are the owners of the real property located at 74865 Hummingbird Lane, Indian Wells, California 92210 (the "Property"). (Compl. '1 17.) Plaintiffs closed escrow on the Property on or September 30, 2021, and were searching for a professional architectural, design firm, and general contractor to remodel their Property. (ld.) On or about August 16, 2021, Plaintiffs were introduced to Defendants by way of email. (ld. at '1 18.) D...

Excerpt: ...rive, Palm Desert. Bry was the sole managing member while Cosek was a Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title ofthe property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agr...

Excerpt: ...st defendant Tesla Inc. On 5/7/22, Plaintiff purchased a 2022 Tesla Model Y (the "Vehicle"), which was backed by an express warranty, from Defendant. (Complaint, 10-11.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty. (Complaint 10-19.) The Complaint sets forth four causes of action: (1...

Excerpt: ...9.5. Plaintiffs Kim Burton and Paul Crawford allege that Defendant Eisenhower Medical Center suspended and terminated their employment after they refused to take the Covid-19 vaccine (8NT162b2 manufactured by Pfizer, Inc.). They contend that the vaccine is a genetic therapy. Plaintiffs allege Defendant refused to accommodate their medical exemption and religious beliefs for the vaccine. Plaintiffs filed this action on 10/14/22. After Defendant fi...

Excerpt: ....5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, and that he had the legal power and right, without the need for court ...