Excerpt: ...ions within 30 days of service of notice (CCP § 2031.310). RFP Nos. 1 –3, 7, 9, 12, 17, 18, 24, 40, 41, 51, 54, 56, 57, 74, 84, and 85 are denied without prejudice as moot. RFP Nos. 46, 82 and 83 are denied. Plaintiff to provide notice pursuant to CCP 1019.5. Th is is a lemon law case. On March 28, 2019, Plaintiff John Escano (“Plaintiff”) purchased a 2019 Honda Pilot, which was manufactured and distributed by Defendant American Honda Moto...

Excerpt: ...nstructi on project. Plaintiff moves the court for leave to file a Third Amended Complaint to make changes to the Second Amended Complaint. Plaintiff asserts that recent depositions revealed the foregoing facts and egregious extent of ARB's misconduct in its dealin gs with JOHNSON-PELTIER, the owner, and others working on the project. Plaintiff, JOHNSON- PELTIER, therefore, seeks to file a Third Amended Complaint to allege facts and claims supp...

Excerpt: ...erine Page as Doe 1 (“Page”). Plaintiff, a Canadian citizen, was a passenger in a truck driven by Page at the time of the accident. In the instant motion, Plaintiff now moves for a protective order that prevents the taking of her deposition until her treating doctor, Dr. Margaret Watty, determines she is not in a “very fragile state both physically and emotionally.” (C.C.P., § 2025.420.) On January 26, 2024, Page noticed Plaintiff's depo...

Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...

Excerpt: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...

Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. 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 he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...

Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...

Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...

Excerpt: ...he y fail to state facts sufficient to constitute a cause of action and are uncertain. In opposition, Plaintiff asserts that the demurrer is without merit, improperly submitted and should be overruled. Further, Plaintiff asserts that Tamara Cross was sued i n her individual capacity, not the law firm. In reply, the Defendant law firm asserts that the FAC simply amounts a retaliatory lawsuit against an opposing Attorney for simply representing h...

Excerpt: ...his former employer, 23 ½ Hour Home Services dba KC's 23 ½ Hour Plumbing, Inc. and its general manager, Bruce Smith (“Defendant” or “Smith”), for the alleged violation of various California wage and hour laws, including failure to provide overtime, failure to pay m inimum wage, failure to provide meal and rest breaks, failure to pay wages upon termination, failure to issue accurate itemized wage statements, and unlawful business practic...

Excerpt: ...ed. Verified further response to RFA No. 12, without objections, is to be provided to moving party within 30 days of this order becoming final. This is an elder abuse case. In May 2023, Plaintiff Marilyn Convey (“Plaintiff”), who is over 65 years old and suffe ring from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” ...

Excerpt: ...4. These motions are nearly identical. Plaintiffs have filed a supplemental opposition to Johns and Strebe's 2/15/24 demurrer. Plaintiffs argue that whether a plaintiff should have discovered facts to determine if delayed discovery is applicable is a question of fact and should only be decided as a matter of law if the evidence can support only one reasonable conclusion. She argues that six licensed real estate professionals received the deed an...

Excerpt: ...with the purcha se of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to experience significant problems with the Vehic l e 's electrical system transmission. Plaintiffs brought the Vehicle in to authorized dealerships and/or repair facilities of Defendant on numerous occasions. As a result of ...

Excerpt: ...out ob jection within 30 days of this order becoming final. Sanctions denied. Plaintiff to provide notice pursuant to CCP 1019.5. Page 8 of 10 Defendant WG Hacienda SH LP (Hacienda) is a Residential Care Facility for the Elderly. (Complaint ¶2.) Plaintiff Marilyn Convey was admitted to the facility in May 2023. She suffered from Advanced Alzheimer's Dementia. (¶21.) The Complaint alleges the following: (1) Elder Abuse; (2) Negligence; and (3) ...

Excerpt: ...esk, asked that the room be inspected and bedding changed. On August 2, 2018, Plaintiff woke up with more bite marks. He alleges that the bites were becoming intensely itchy and painful. He again notified the front desk, and was informed that his bedding would be changed. When Plaintiff returned to the room, he inspected the bed, and under the newly changed sheets and found a bed bug infestation. Plaintiff checked out of the hotel. On August 6, ...

Excerpt: ...is order becoming Þnal. Sanctions are denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. This is an elder abuse case. In May 2023, Plainti
¯ Marilyn Convey (“Plainti
¯”), who is over 65 years old and su
¯ering from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” or “Defendant”) and Atria Management Co,...

Excerpt: ...¯ Jags Care alleges that, since 2001, it leased from defendant County of Riverside a fueling station, convenience store and truck stop at the Blythe airport. Just before the parties' lease was scheduled to expire in June 2020, the County told Plainti
¯ that it would enter into a long-term lease with Plainti
¯ if Plainti
¯ spent millions of dollars repairing and improving the premises. Plainti
¯ contends that it agreed to this proposal and a ...

Excerpt: ...ion 1st Amended Complaint as to Defendant Gabriel Deniz. Leave granted to Þle 2nd Amended Complaint within 20 days of this order becoming Þnal. Moving party, Zixta, to provide notice pursuant to CCP 1019.5. In May 2023, Plainti
¯ Isenia Salcedo (“Plainti
¯”) was an employee of Defendants Zixta Enterprises, Inc.; Zixta Enterprises, Inc. Vallerta Supermarkets 11, 15, 18, 21, 25, 54 (“Zixta Defendants”) at the Vallarta Supermarket in Ind...

Excerpt: ...side the judgment Þled in the companion case Þled under CVPS2106001. In both motions, Appellant argues that the cases were improperly decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate the cases. Appellant's challenge of the December 22, 2022 judgment is also based on a labored contention that this matter should not have been designated a limited civil case when in fact the “real” und...

Excerpt: ...rity as ordered by the Court in its order granting Respondent City's motion to declare Appellant a vexatious litigant. Appellant argues that the motion was decided by a Court commissioner, who, as a subordinate judicial o
¯icer, lacked jurisdiction to adjudicate such a motion. On that basis, Appellant argues that the order granting the motion to declare Appellant a vexatious litigant and the related order mandating Appellant to post security was...

Excerpt: ...orce Growing Systems, Ltd. (“Defendant”). Through the PSA, Plainti
¯ agreed to sell non-residential real property located at 50th Avenue and Filmore Avenue, City of Coachella, County of Riverside, State of California (the “Property”) to Defendant. Plainti
¯ alleges that Defendant breached the PSA by failing to complete the purchase. On September 13, 2023, Plainti
¯ Þled a Complaint alleging causes of action for: (1) Breach of Contract...

Excerpt: ...tions are both denied. Plainti
¯ to provide notice pursuant to CCP 1019.5. On October 6, 2023, Plainti
¯ Oasis Independent Medical Associates, Inc. (“Plainti
¯” or “Desert Oasis”) Þled a Complaint 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�...

Excerpt: ...rt to Þle their Second Amended Complaint within 16 days of this order becoming Þnal. The deadline is mean to coincide with the previously sustained demurrer of other defendants in this action. Moving party to provide notice pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plainti
¯ Je
¯ Johnston, acting in pro per, alleges 27 causes of action. In the instant motion, Defendants Reliance Partners, Inc...

Excerpt: ... case. Plainti
¯ Dilia Kepley (“Plainti
¯”) alleges she was employed by defendant Desert Sands UniÞed School District (the “District” or “Defendant”) from November 2011 to April 2021 as a Food Tech Prep. (First Amended Complaint (“FAC”), ¶¶ 19, 51.) Plainti
¯ alleges that she su
¯ered a work injury in 2017 while preparing food for student meals, including a torn rotator cu
¯, biceps tendon tear and subacromial shoulder imp...

Excerpt: ...t D/T Carson Enterprises (“Carson Enterprises”) from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. alleges that co-worker, Steven Young (“Young”) made sexually explicit comments and gestures to Plainti
¯ due to his perceived orientation. Plainti
¯ asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was ter...

Excerpt: ...ted a modiÞcation of the deed of trust which reßected deferred principal of $119,829.99. In March 2022, Defendant US Bank Trust National Association, (“US Bank”) became the assignee and holder of the Deed of Trust. On April 5, 2022 Defendant MTC Financial, Inc. dba Trustee Corps (“Trustee Corps”) recorded a notice of default. In May 2021, HOA acquired the property. In July 2023, Trustee Corps recorded a notice of trustee sale. Plainti
�...

Excerpt: ...vil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plainti
¯s move for an order (1) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party Lyon Real Estate on November 8, 2023, (2) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party United Wholesale Mortgage, LLC...

Excerpt: ... the veriÞed complaint in this matter on May 30, 2023 against defendants Reverse Mortgage Funding, Inc (“RMF”), Breckenridge Property Fund 2016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plainti
¯ Þled the operative Þrst amended complaint (“FAC”) on November 27, 2023. With the exception of a handful of paragraphs, the allegations of the FAC are virtually identical ...

Excerpt: ...Inc. and City of Palm Springs. Defendant American Airlines, Inc. moves the court for summary judgment, or in the alternative summary adjudication, as to the two causes of action asserted against them for negligence and premises liability on the grounds that Defendant was not on notice of a hazardous condition of the premises, nor is there evidence of any such condition. In opposition, Plainti
¯ asserts the following arguments: 1. There are multi...

Excerpt: ... veteran's status related to a real estate transaction. In the instant motion, Defendants move the court for an order compelling Plainti
¯s to provide further responses to RFPs (Set Two). As to Plainti
¯ Mark Baird numbers 21, 22, 24, 25, 29 and 30. As to Plainti
¯ Bradley Baird numbers 20, 21, 22, 23, 24, 28 and 29. Defendants assert that the documents at issue are relevant to Plainti
¯s' allegations and damages claims, is not otherwise avai...

Excerpt: .../14/13 Their real estate brokers/agents were Vicky Johns dba Lake Laguna Realty (“Johns”) and Amy Vanocur Strebe (“Strebe”) Plainti
¯s believed they were purchasing a 100% interest in the property They assert that in August 2021, they learned for the Þrst time that they were only conveyed 50% interest in the property They assert that JAMKE, Johns, and Strebe all failed to disclose that JAMKE was only conveying a 50% interest They a...

Excerpt: ...a Land, LLC, where Plaintiffs were obligated to enter into a Home Construction Agreement (HCA) with Defendants. Plaintiffs allege various construction defects, including the concrete Page 3 of 4 slab, wood floor planks, exterior stucco, etc. On February 10, 2021, Plaintiffs filed their complaint for: (1) violation of Civil Code S 896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On April 7, 2021, the Toscana Defendants file...

Excerpt: ...ent arising out of her employment with Defendant, American Leak Detection, Inc. ("ALD"). On November 16, 2023, Plaintiff sent a copy of the summons and Complaint by first class mail to Specially Appearing Defendant, Water Intelligence, PLC ("Water Intelligence") at 199 Whitney Ave., New Haven, Connecticut, with a return receipt requested. (Decl. of Tiara Gose- Hardy ["GoseHardy Decl."l at 3.) This moton follows. Water Intelligence argues in its m...

Excerpt: ...rized shopping cart in the entrance area of the warehouse. Ms. Stevens is a third party and is not employed by Costco. Ms. Stevens was looking down when she hit Plaintiff. Now, Plaintiff sues Defendants for negligence and premises liability for the negligence of a third party. The Complaint was filed on May 16, 2023 and alleges causes of action for (1) negligence and (2) premises liability. Motion for Summary Judgment/Adjudication Summary judgmen...

Excerpt: ...Group, Inc. ("Cornerstone") (collectively, "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 prov-des management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversig...

Excerpt: ...ee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Plaintiff filed this action on 2/7/23, and filed...

Excerpt: ... 10 days of this order becoming final. Proposed Second Amended Complaint must conform to this order. Moving parties to provide notce pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plaintiff Jeff Johnston, acting in pro per, alleges 27 causes of action. Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, Inc. demur to the 5th, 8th, 9th, 11th, 14th, 17th-23rd, 25th, and 27th causes of achon i...

Excerpt: ... certain electrical constructon services as part of improvements to the SCGC Blythe Plant 4 Compressor Station. Defendant ARB moves the court for an order requiring Johnson-Peltier's Jeremi West to appear for his deposition on a date certain in compliance with ARB'S deposition notice; and for an order imposing monetary sanctons against JP and its counsel Ali Salamirad and Jennifer Needs of SMTD Law, jointly and severally, in an amount not less th...

Excerpt: ... becoming final. Moving party to provide notice pursuant to CCP 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, an...

Excerpt: ...in amount of $1,700.00 are due within 30 days of this order. This case arises from Plaintiff's allegation that, on or about July 30, 2018, he was bitten by bed bugs while staying at a hotel that Defendants owned or controlled. On July 29, 2020, Plaintiff filed a lawsuit against Defendants for battery, negligence, intentional infliction of emotional distress, fraud, and public nuisance. On May 10, 2021, Plaintiff filed a First Amended Complaint fo...

Excerpt: ...esponses is granted in part. Hacienda is ordered to produce a PMK for topics 2, 4 and 5. The contact information of the percipient witnesses is relevant and not protected by the right to privacy. The medical information of 3rd parties must be redacted. Hacienda is ordered to provide further responses to RFP Nos. 2, 11, 12 and 17 since it is unclear whether all responsive documents have been produced. For the protection of the privacy rights of Ha...

Excerpt: ...t. Judgment was entered on or about September 26, 2023. Defendant filed its Memorandum of Costs on November 9, 2023 and thereafter Plaintiffs filed the instant motion to tax. Page 20 of 23 Plaintiffs assert that the expert fees requested by the defendant in Item 8 (and attachment 8b5) are allowed only with the Court's discretion and should not be allowed under the circumstances of this case; and the subpoena charges for service of process claimed...

Excerpt: ...oughing. ('1 46.) Myers' symptoms were no more than three (3) days old when he went to Defendants Eisenhower Medical Center ("EMC") on February 19, 2021. (q 47.) Myers' physicians, Defendants George Ishak, M.D. ("Dr. Ishak"), Saniya Malik, M.D. ("Dr. Mallik") and Daniel Sheffield, D.O. (Dr. Sheffield") (collectively "Physician Defendants") administered Remdesivir without disclosure of (a) the risks of planned treatment, (b) that Myers may have a ...

Excerpt: ...s, and then Defendant Patricia Prieto (a supervisor) harassing a subordinate; management failed to act and Prieto turned the staff against her. Plaintiff reported Prieto to the EEO. In November 2016, Plaintiff suffered an injury on the job, to which management would not file an incident report to see a doctor. In December 2016, Plaintiff was able to see a doctor who diagnosed her with a hernia and required gastric bypass surgery. When Plaintiff r...

Excerpt: ...he anti-SLAPP motion ($42,565.00) and the present fee motion ($11,787.50). The lodestar, as presented in the moving papers, is broken down as follows: Attorney Hours Hourly Rate Total Courtney L. Hylton 20.6 $750$15,450.00 Anna S. Huffman 119.7$325 $38,902.50 $54,352.50 The court found that the supporting declarations filed with the moving papers lacked any significant detail and were insuffcient to support the requested fee. In addition, while t...

Excerpt: ...nner"), Angel Martin Anaya Martinez ("Martinez"), and Does 1 to 50, alleging (1) motor vehicle and (2) general negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment with Jonner, when he crossed over the double solid yellow lines and entered the westbound lane colliding with Plaintiff's vehicle, thereby causing him injuries. After the o...

Excerpt: ...urther continuances will be granted on this hearing. This is a defamation action. Plaintiff Stephen Valbuena alleges that in March 2018 he and his wife purchased and moved into a home located within the Toscana Country Club community, 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...

Excerpt: ...t they purchased real property in Palm Springs from Defendant Whittier Capital, LLC, who failed to disclose multiple construction defects with the property. Defendant D'Oros Constructon handled the remodel of the property for Whittier. Defendants Michael Slate and Elevate Palm Springs, Inc. were the real estate agent/broker who represented Whittier in the sale. The operative complaint, filed 2/9/22, asserts: (1) breach of contract; (2) negligence...

Excerpt: ...nge the privilege and for a court to consider. Responding party is to produce the further response within 10 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is an alleged childhood sexual assault case that started in 1993. Plaintiff Jane Doe moves the court to compel Defendant Palm Springs Unified School District to prov-de further responses to Form Interrogatories (Set One) numbers 4.1, 12.2, and 12...

Excerpt: ...ty to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo alleges that she was in a long term relationship with decedent Kenneth Schlick, and used real property in Indian Wells as a vacaton home. Plaintiff and decedent agreed to refinance the property together, such that Plaintiff would obtain a 50% interest in the property. Plaintiff invested $100,000 in the property and paid the mortgage, and paid another $100,000 for furnishings...