Excerpt: ...ly, Respond-ng party is further ordered to pay attorney's fees and costs to moving party in the amount of within 30 days of service of notice. (CCP SS 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notce pursuant to CCP S 1019.5. This is a lemon law case. Plaintiffs Gerardo Solorio Coronado and Cassandra Ceja Gonzales ("Plaintiffs"), purchased a defective 2016 GMC Sierra 15[n (the "Subject Vehicle" or "vehicle")...

Excerpt: ...na 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, "1 11-13.) Plaintiff alleges that he had a verbal altercation with Overton in September 2019 in which Overton falsely accused him of bullying old ladies. In 2020, P...

Excerpt: ...omplaint alleging five causes of action against Defendant for: (1) failure to accommodate religious creed; (2) failure to accommodate medical condition; (3) retaliation; (4) disparate treatment; and (5) wrongful discharge. They contend this case is about the harm suffered by three long-term and dedicated nurses who were denied reasonable accommodation and unlawfully terminated by their hospital employer for declining a Covid vaccine which was unn...

Excerpt: ...collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff) served Defendant with written discovery demands, including Requests for Production ("R...

Excerpt: ...m LLC (Millridge), a mere shell company. Plaintiff alleges that she owns real property located at 74 Conejo Circle in Palm Desert. Before she purchased the property, it was owned by Millridge, which offered the property for sale on 8/13/20 for $379,000. Plaintiff, as Trustee, made an all cash offer for $358,000, and after several counter offers, Millridge agreed to sell the property to her for $357,000 in cash, conveyed it to Plaintiff's Trust on...

Excerpt: ...suant to CCP 51019.5. This matter arises from a December 2, 2019 motor vehicle collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff") served...

Excerpt: ... defects. Plaintiff asserts that Defendant could not fix these defects. The operative complaint is the first amended complaint. It asserts the following causes of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2(b). Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowle...

Excerpt: ...auses of action for (1) Products Liability and (2) Negligence. Plaintiff alleges that on December 27, 2018, Plaintiff was injured by a GE dishwasher, Model No. PDT8455MJ2ES, Serial No. FL 100319B ("Dishwasher") while using the Dishwasher in the manner intended by defendants. Plaintiff alleges the Dishwasher was manufactured and designed by Haier US Appliance Solutions, Inc. and Haier US Appliances dba GE Appliances, and sold by Costco Wholesale C...

Excerpt: ...12, 2023, Plaintiffs filed a further supplemental declaration and Proposed Order in compliance with the Order. The following issues were addressed: 1. Although counsel for Defendant states that the Class Members generally are high school educated and can read the Notice, the CMO requires a declaration from Defendant based on personal knowledge. Page 5 of 5 Defendant's principal, Dale Carson, now declares that the Class Members are adults who spea...

Excerpt: ...tified defects. Plaintiff delivered the vehicle to Defendant Fiesta Ford ("Fiesta") for repairs and alleges that Fiesta negligently performed the repairs. On December 13, 2022, Plaintiff filed her Complaint which sets forth three (3) causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against FMC); (2) Violation of Song-Beverly Act— Breach of Implied Warranty (against FMC) and (3) Negligent Repair (against Fiesta)...

Excerpt: ...Kia Soul that has a defective gasoline direct injection engine (GDI), i.e. the Nu engine. Plaintiff alleges Defendant concealed the defect, resulting in a tolling of the statute of limitations. From 8/13/18-3/6/21, Plaintiff had the vehicle inspected for various issues, but Defendant never informed Plaintiff of the engine defect. Plaintiff filed this achon on 8/3/21. After the court sustained Defendant's demurrer, Plaintiff filed the First Amende...

Excerpt: ... notice pursuant to CCP 1019.5. This matter arises from a motor vehicle collision which occurred on December 2, 2019, in Riverside County and resulted in alleged personal injuries to Plaintiffs. Plaintiffs Delia Aguilera Gazca ("Plaintiff") and Maribel Aguilera ("Aguilera") filed a Complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") for damages on December 1, 2021, alleging causes of action for (1) negligence and (2) motor...

Excerpt: ... 2023, 8:30 a.m„ Department PS2. Defendants Kenagy and Nicodemus to provide notice pursuant to CCP 1019.5. On February 10, 2022, filing Plaintiff Judith Nicodemus ("Plaintiff") filed a complaint against two of her adult children, Defendants Shawn Kenagy ("Kenagy") and Stephen Paul Nicodemus ("Nicodemus"), Page 13 of 16 alleging claims for 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and const...

Excerpt: ...ted April 4, 2023, Plaintiff substituted defendant All County Environmental & Restoration Company Inc. ("All County") for Doe 1. As reflected in the prtnf of service, the complaint was personally served on All County on May 8, 2023. All County now moves to dismiss the action under CCP S 583.250 on the ground that it was not served on All County within three years after the action was commenced. All County argues that, in the alternative, service ...

Excerpt: ...he Aggrieved Employees are defined as: "All other nonexempt, hourly employees, current and former, who were employed by Defendant within one year prior to June 8, 2021, through final disposition of this action." (Compl. 13.) At all relevant times, Plaintiff and the Aggrieved Employees were employees of Defendants. (ld. at 21.) On October 28, 2022, Plaintiff filed this action against Defendants, alleging a single cause of action for PAGA #nalties....

Excerpt: ... Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). On November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") in Palm Springs. Upon entering, Benjami...

Excerpt: ...aintiffs. Page 12 of 13 On June 2, 2023, this court issued a statement of decision following a bench trial in this case, which was finalized June 16, 2023. The Court ordered that title to all three subject Palm Springs Properties be quieted in favor of Defendant Cardenas as of July 24, 2018 free of all liens asserted by Plaintiffs or other named Cross-Defendants. Furthermore, the Court found that Cross-Defendants Seeley, McLaughlin and Interventi...

Excerpt: ... check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Beverly); and (2) breach of express warranty (Song Beverly). Plaintiffs move to compel the deposition of Defendant's PMQ, who failed to appear for deposition. Defendant has refused to produce a PMQ for ...

Excerpt: ...rt & Final LLC ("Defendants") negligent placed plastic pallets and break racks near flammable contents within Defendants' storage container, directly adjacent to Plaintiffs' business. (Complaint, 91.) The Fire spread quickly to Plaintiffs' electrical service panel causing meltdown and a combustible explosion inside Plaintiffs' AMF Foods, Inc. ("AMF") and Andrew Feghali's business.(ld., 92.) On August 12, 2021, Plaintiffs filed a Complaint for, an...

Excerpt: ...ursuant to CCP 1019.5. Plaintiff Granite Constructon Company ("Granite") filed the complaint ("Complaint") in this action on December 21, 2022 against defendant SilverRock Phase l, LLC Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, '1 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under...

Excerpt: ...errogatories, Set One, No. 6 and 13 within 30 days of service of notice (CCP S 2031.310). Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a vehicular collision personal injury case. Plaintiff Alixs Amairani Ceballos ("Plaintiff") alleges that on June 16, 2022, her vehicle was struck by a vehicle negligently owned and/or 0#rated by Defendant Michael Kerner ("Kerner"). Plaintiff sustained serious injuries as a result of the...

Excerpt: ...in Business Establishment, Unruh Civil Rights Act, Civ. Code S 51; (3) Unlawful Business Practices (Rent Increase), Bus. & Prof. Code S 17200; (4) FEHA Retaliation, Gov. Code S 12955(f); (5) Trespass/unlawful Entry, Civ. Code S 1954; (6) Negligence; and (7) Assault and Battery. Defendants are owners of a residential rental property located in Thousand Palms in the Tri-Palm Estates and Country Club (hereinafter the "Property"). (Compl. 8—10.) Pl...

Excerpt: ...al. Plaintiff to provide notice pursuant to CCP 51019.5. Plaintiffs Ruben Vega and Rosalie Vega 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 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Be...

Excerpt: ...Rights and (2) CFRA Retaliation against Defendant Desert Community College District ("Defendant"). Plaintiff alleges as follows in their opposition (Paragraph citations do not match operative Complaint): Plaintiff Mr. Baker is a higher education administrator with more than 26 years of experience. Declaration of Jeffrey Hilton Baker, June 21, 2023. (Complaint, '1 1.) As an administrator Mr. Baker has consistently performed above expectations and ...

Excerpt: ...r becoming final. Matter will be reassigned to complex case department pursuant to PAGA claim in 13th cause of action. Notice will be provided by court regarding next hearing. Defendant to provide notice pursuant to CCP 1019.5. This is a wage and hour class action filed by Plaintiff on April 21, 2023 against defendants Cove Electric, Inc. ("Cove") and Bojkovsky (collectively, "Defendants"). Plaintiff alleges thirteen causes of action for (1) Fail...

Excerpt: ...efendant 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 Plaintiff due to his perceived orientation. Plaintiff asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was termin...

Excerpt: ...ation. On September 24, 2021, Defendant Vibe Growth Corp., fka Vibe Bioscience Ltd. filed a cross-complaint against Plaintiff for (1) breach of contract; (2) common count: money had and received; (3) unjust enrichment; and (4) declaratory relief. On May 19, 2023, Defendant Joseph Starr ("Defendant") filed a motion for summary judgment/adjudication, which is presently calendared for hearing on September 7, 2023. Trial is presently set for Septembe...

Excerpt: ...transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidental California I—P. ("Defendant"). Plaintiff alleges that the actions/inactions of City and Defendant violated his civil rights as an elderly, disabled, gay male, victim of stalking and hate violence who was given VAWA protection. On December 28, 2021, the court sustained Defendan...

Excerpt: ...nt of $1,060.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Plaintiff ordered to give notice pursuant to CCP 51019.5. This is a Song Beverly suit. On November 13, 2021, Plaintiff Mario Serna ("Plaintiff") purchased a 2021 Honda Accord ("Subject Vehicle"), which was manufactured and/or distributed by Defendant American Honda Motor Company ("Defendant" or "Honda"). The Subject Vehicle was purchased wit...

Excerpt: ...ce — Recklessness and Gross Negligence and (2) Intentional Infliction of Emotional Distress. The complaint alleges that on March 29, 2022, Plaintiff was playing a round of golf with his father and a couple they met that day, at the JW Marriot Desert Springs Resort & Spa located at 74-855 County Club Drive, Palm Desert, California ("Premises"). Plaintiff's father is in his 70s and has some physical limitations which make him slower on the golf c...

Excerpt: ...uant to CCP 1019.5. This case arises out of an employment dispute between Plaintiff Julian Gonzales ("Plaintiff") and Shottenkirk-california , LLC dba Shottenkirk Desert Lexus (erroneously sued as Shottenkirk California LLC dba Shottenkirk Desert Lexus, Shattenkirk Desert Lexus) ("Defendant"). During Plaintiff's employment with Defendant, he executed a Binding Arbitration Agreement to arbitrate all employment disputes. Specifically, on April 29, ...

Excerpt: ...his order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Gary Sauter ("Sauter") filed the complaint ("Complaint") in this action on May 3, 2021 against defendants Fred Rudat ("Fred") and Marta Rudat ("Marta") Sauter alleges that in October 2018, he entered into a loan agreement with Fred and Marta, in order to prevent a forced sale of their residential property (the "Property") in Rancho Mirage. (Complaint, 5, Exhib...

Excerpt: ...on and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actions taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains the following causes of action: (1) Discrimination based on age, gender...

Excerpt: ...S2300446 and Boss 12 429 Properties Inc. v. Dispense 360, LLC, Case Number: UDPS2300452 shall both be consolidated with this case for all purposes. The cases shall be transferred from Department PS4 to Department PS2. Plaintiff to provde notice pursuant to CCP 1019.5. Page 4 of 6 This is a partnership dispute involving a cannabis business. In 2017, Plaintiff Kevin Sperry ("Sperry") along with Defendants Paul Pavao ("Pavao") and John Kearney ("Kea...

Excerpt: ...ents"). On February 28, 2023, judgment was entered granting Petitioner's requested relief, releasing Petitioner's property from the mechanic's lien and awarding Petitioner $453.70 in costs was filed. On March 30, 2023, Petitioner filed a memorandum of costs seeking $685.18 in costs. Petitioner now seeks an award of attorney fees and costs under Civ. Code S 8488 as the prevailing party and requests $10,055.50 in attorney fees. The moton is support...

Excerpt: ...ssion of the vehicle, and during the warranty period, Plaintiff discovered it contained defects to the engine, battery system, fuel gauge system, electrical system, air conditioning system, and other potential defects. Plaintiff alleges she provided Defendant, General Motors, LLC (GM) and its representatives with sufficient opportunity to repair the vehicle, but they were unable to do so within a reasonable number of attempts. She alleges the def...

Excerpt: ...ee. The appointed referee shall resolve all discovery issues without Court intervention. Judicial reference proceedings are to be conducted within 18-months of this order — December 23, 2023. No extension of completion date without further order by this Court. Trial Setting Conference and OSC of 5/27/23 are vacated. Status hearings will continue in 6-month increments. With the next one scheduled for December 7, 2023, 8:30 a.m. in Department PS2...

Excerpt: ...ating whether he/she is aware of any other class or representative actions involving Defendants and that an inquiry was made as to this issue. 3. Counsel for Defendants did not file a declaration regarding any relationship with the cy pres. 4. Defendants did not provide a declaration concerning the age and educational background of the Class Members. 5. The Notice Packet is not attached to the Proposed Order. 6. Class Counsel's declaration does n...

Excerpt: ...oming final. . Defendant WATCHTOWER to provide notce pursuant to CCP 1019.5. In the operative complaint, Plaintiff AS alleges that she is a victim of childhood sexual assault by Jose Murillo, her stepfather who had an administrative position known as Elder, Overseers and Ministerial Servants with Defendants Watchtower Bible and Tract Soc:iety of New York, Inc. and West Palm Springs Congregation of Jehovah's Witnesses, Inc. Plaintiff reported the ...

Excerpt: ...ss warranty, (2) violation of Song-Beverly Act—breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2. Defendant now moves to compel Plaintiff to arbitrate her claims under the Lease Agreement. Defendant argues that although it is not a signatory to the Lease Agreement, it may invoke the Lease Agreement's arbitration provision under the doctrine of equitable estoppel because the claims against Defendant are inextri...

Excerpt: ...rch 14, 2022, married plaintiffs Mark A. Baird and Bradley T. Baird filed the Complaint against homebuilder defendants PulteGroup, Inc., Pulte Home Company, LLC and Del Webb Communities, lnc„ mortgage lender Pulte Mortgage, LLC and individual sales professional Brett Picano ("Picano") alleging a single cause of action for discrimination under Gov. Code S 12955. Plaintiffs allege they sought to purchase a home from Defendants using a Veteran Adm...

Excerpt: ...s was injured as the result of a slip and fall while she was at the Omni Rancho Las Palmas Resort & Spa. The complaint alleges causes of action for general negligence and premises liability. Plaintiff brings this Mohon to Defendant to produce fts person most knowledgeable (PMK) at deposition and to produce documents. Defendant contends that despite properly noticing the deposition and meeting and conferring with Defendant, Defendant has not produ...

Excerpt: ...others, discrimination, harassment, retaliation, constructive termination and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actons taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains t...

Excerpt: ...ntiff filed his Complaint for Damages against Defendant on February 7, 2023. On February 14, 2023, Plaintiff filed the operative First Amended Complaint ("FAC") against defendants Dale Pawley ("Pawley"), State of California ("State"), County of Riverside ("County"), and City of Palm Springs ("City") (collectively, "Defendants"), alleging two causes of action for (1) Negligence (against Defendants Pawley and Does 1- 25) and (2) Dangerous Condition...

Excerpt: ...ion on December 21, 2022 against defendant SilverRock Phase l, LLC ("SilverRock"). Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under which Granite agreed to perform dry utility infrastructure work on the Real Property for the contract pr...

Excerpt: ...d leave to file 2nd Amended Complaint within 10 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiffs Andrea Valero and Gelly Valero (together, "Plaintiffs") filed the original complaint in this action on January 18, 2023 and the operative first amended complaint ("FAC") on April 3, 2023 against defendants The Mirada Custom Lot Association (the "Association") and Rick Moran ("Moran") (together, "Defenda...

Excerpt: ...is Cobb Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). The operative complaint alleged on November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") ...

Excerpt: ...endant Rick Moran ("Defendant Moran") is the treasurer of The Board and neighbor to Plaintiffs. Plaintiffs claim that Defendant Moran has discriminated against them, specifically Plaintiff Gelly Valero because he was "born in Cuba" and is of "Hispanic descent", harassed both Plaintiffs, engaged in violation of Plaintiffs' civil rights under Civil Code Sectons 52.1 and 51.7, in addition to intentionally and negligently inflicting emotional distres...

Excerpt: ...r employment with Defendant, Plaintiff made complaints about being harassed and discriminated against as a result of her medical condition. (ld. at 8, 14-18.) Plaintiff alleges that Defendant thereafter forced her to take a medical leave of absence, and suddenly terminated her employment on January 6, 2020. (ld. at '121.) Defendant disputes this, and alleges that Plaintiff was not terminated and remains out on a leave of absence. On April 26, 202...

Excerpt: ...rative Third Amended Complaint (TAC) via causes of action for: (1) Discriminaton based on age, gender, religion, and race; (2) harassment based on age, gender, religion, and race; (3) failure to prevent discrimination and harassment; (4) violations of California Family Rights Act; (5) Whistleblower Retaliation; (6) Retaliation; (7) Retaliation in violation of FEHA and CFRA; (8) Discrimination and harassment based upon disability or perceived disa...

Excerpt: ...cross Complainant D7 Rcffng Services, Inc. ("Cross-complainant" or "07") for the installation of roofing at the Cathedral Palms Senior Apartment ("Cathedral Palms") in Cathedral City, California ("Project"). National was the general contractor for the Project. National alleges that pursuant to the Contract, D7 owed National a duty to indemnify. National alleges that due to D7's negligent work, the damaged during a wind storm. National was require...

Excerpt: ...llege that they own real property in Indio, and have a homeowners insurance policy issued by Defendant National General Insurance Company and Defendant CTC Insurance Marketing, Inc. On 2/16/21, Plaintiffs suffered property damage due to flooding caused by broken hot water pipes. National General refused to communicate with them regarding their claim, and denied their claim for personal belongings, refused to pay for temporary housing, and refused...

Excerpt: ...3) Civil Code (4) breach of the implied warranty of merchantability; and (5) negligent repair. Defendants move to compel arbitration based on the arbitration clause in the RISC. They argue that the FAA applies and there is no valid defense to the clause. They assert that Felisilda applies with the equitable estoppel doctrine. They request a stay. Plaintiff opposes the motion on the grounds that there is no agreement between him and Defendants. Th...

Excerpt: ...es of action within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed her initial Complaint in this action on November 1, 2022 against Defendant George Saelzler, as Trustee of the Kenneth Paul Schlick Jr. Living Trust ("Defendant"). On December 13, 2022, Plaintiff filed her First Amended Complaint ("FAC") against Defendant and Lisa Marie Schlick, alleging (1) ...

Excerpt: ... from date of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Enrique Cortes ("Enrique") leased a 2019 Lexus ES 350 ("vehicle"), distributed by Defendant Toyota Motor Sales, U.S.A., Inc. ("Toyota"). On October 31, 2022, Enrique was driving his vehicle southbound on Date Palm Drive towards Ramon Road when Defendant Rubi Leon was traveling northbound and crashed into him. Enrique alleges the front and side c...

Excerpt: ...mpelling Defendant Jonner Transportation, Inc.. to produce its PMQ a to all categories and to respond to the corresponding RFP. Plaintiff asserts he properly noticed each deposition of Defendant's Person(s) Most Qualified. Defendant's objections are invalid, as they continue to refuse to provide any available dates for the Person(s) Most Qualified. Defendant failed to provide any justification or explanation for their refusal to meet and confer a...

Excerpt: ...ants Pars Surgery, Inc. ("Defendant"), and Hossain Sahlolbei ("Sahlolbei"). Sahlolbei is alleged to be the alter ego of Defendant Pars. (FAC, 11-20.) Plaintiff is the owner of property at 322-326 W. Hobsonway (the "Property"), which is a commercial office building located in alythe, CA. (FAC, '1 24.) On January 1, 2018, Defendant entered into a written lease (the "Lease") with Plaintiff's predecessor for a unit (the "Premises") at the Property. (...

Excerpt: ...factured 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 filed a demurrer, Plaintiffs filed the First Amended Complaint (FAC) as a matter of right on 2/16/23. The FAC asserts: (1) FEHA: medical discrimination (failure to accommodate); (2) FEHA: religious c...

Excerpt: ...at the "Will of Hazel A. Baker" is a testamentary trust ordered under the probate of Hazel's decedent's estate in Los Angeles County. Plaintiff alleges that the Agnew Trust owns real property located at 74-991 Velie Way, Palm Desert, CA (the Property). Plaintiff alleges that the Property was purchased from Donald E. Baker, trustee of the Hazel A. Baker [Testamentary] Trust (Baker Trust). The sale was financed by a loan on the Property, which was ...

Excerpt: ... unrepairable transmission defects. Plaintiff filed the Complaint on October 7, 2022, alleging causes of action under the Song-Beverly Act: 1) breach of express warranty; 2) breach of implied warranty; and 3) violation of Civil Code S 1793.2. Defendant mcwes to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract ("RISC"), which Defendant argues it can enforce under equitable estoppel and third-party beneficiary th...

Excerpt: ...tiff's union representative and an employee of Defendant, sexually harassing Plaintiff in 2018. Plaintiff complained to Defendant of the harassment, and Defendant failed to discipline Sneed. Plaintiff alleges the harassment continued through 2022 when she ultimately filed a DFEH complaint and received her right to sue letter. On October 28, 2022, Plaintiff filed her operative complaint alleging nine (9) causes of action (COA): 1) Discrimination i...

Excerpt: ...t, motor vehicles, chattel paper, negotiable instruments, securities, deposit accounts, safe deposit boxes, accounts receivable, general intangibles, property subject to pending actions, final money judgments, and personalty in estates of decedents in the amount of $63,000. Plaintiffs assert that they will prevail on their claim that Defendant Robert Mayes allowed Defendant Danny Bailey to use his contractor's license and that Plaintiffs entered ...

Excerpt: ...nty, 3) Violation of Song Beverly Act Section 1793.2; and 4) fraud-fraudulent inducement- concealment. Demurrer: Defendant General Motors, LLC demurs to the fourth cause of action for fraud fraudulent inducementconcealment on the grounds that Plaintiff fails to allege a transactional relationship giving rise to a duty to disclose. In addition, Defendant alleges that Plaintiff fails to allege the requisite specificity required to state a fraud cla...

Excerpt: ... CCP 1019.5. Plaintiff G&V Greenhouse Solutions, LLC alleges that it entered into a consulting agreement for the THC Design for Palm Springs Project with Defendant Miles Construction, where it agreed to provide consulting services and related materials. Defendant Miles Construction has refused to pay. Defendant SGLA l, LLC owns the project. Plaintiff filed this action on 11/3/22. After Defendant SGLA filed a demurrer and motion to strike, Plainti...

Excerpt: ...s order supersedes the order of April 26, 2023 as to the timeline for filling of pleadings. Specifically, Plaintiff has leave 10 calendar days from May 2, 2023 to file their 4th amended complaint. Defendant Longbridge and MERS have 20 calendar days to file an answer from May 2, 2023 should Plaintiff not file a 4th amended complaint. Plaintiff to provide notce pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr...

Excerpt: ...ve brought this action against MFI Recovery Center, Inc. ("MFI"), which is an adult residential care facility for addiction treatment and mental health services, and its employee, Elizabeth Mack, for injuries suffered by their son, Anthony Bays, who died while under Defendants' care. Plaintiffs Silvia Deprey and Kraig Bays, the parents of decedent Anthony Bays, bring this action both individually and as successor in interest of the decedent. The ...

Excerpt: ...to allege that the Court in the Judgment Lien Case had no jurisdiction to deem Plaintiff's Deeds of Trust forfeited. As an aggregate, Plaintiff contends the new paragraphs set forth facts and law seeking to void the fincrng that Sid's security interest was waived. Plaintiff contends new facts were discovered. Plaintiff asserts he was first told that the court in Los Angeles had found his Deeds of Trust to be forfeited in late June 2021, approxima...

Excerpt: ...P 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's ("Kilimanjaro") allege that Bry and Defendant Cosek entered into a joint venture agreement, Kilimanjaro, which was formed to take title to real property at 38831 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 Sta...

Excerpt: ...O 3-HOURS MAXIMUM. Document requests are denied since they appear to be previously covered by the court's ruling on the motion to compel RTPs No. 1-10. Plaintiff to provide notice pursuant to CCP 1019.5. This is an employment action. Plaintiff Richard Anton üJftus alleges he was employed by defendants Eisenhower Medical Center ("EMC") and Eisenhower Medical Associates, Inc. ("EMA") as an internal medicine doctor for more than a decade before he ...

Excerpt: ...s is an employment law case. Plaintiff's Complaint alleges 5 causes of action for 1) FEHA employment discrimination, 2) FEHA failure to accommodate, 3) FEHA failure to engage in timely and good faith interactive process, 4) FEHA harassment, 5) FEHA retaliation, and 6) FEHA failure to prevent/remedy discrimination, harassment and/or retaliation. Defendant Palm Springs Unified School District moves the court for summary adjudication as to the follo...

Excerpt: ...olently assaulted him. Defendant pushed Plaintiff to the ground and screamed profanities at him. When Plaintiff got up from the ground, Defendant again pushed him and caused him to stumble. Plaintiff tried to get away; however, Defendant chased him down, slapped his phone out of his hand and then kicked the phone. Defendant then pushed the Plaintiff and caused him to fall on a small set of stairs. Plaintiff hit his head and lost consciousness. Pl...

Excerpt: ...is is a personal injury case arising out of allegations that Defendant City of Indian Wells (City) ignored his Violence Against Women Act (VAWA) request for an emergency' transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidential California L P. ("Defendant"). Plaintiff alleges that the actions/inactons of City and Defendant violated h...

Excerpt: ...laintiff") filed the complaint in this action on November 17, 2022 and the operative first amended complaint ("FAC") on December 23, 2022 against defendants Project Indigo DevCo, LLC ("PIO"), THC Design, LLC ("THC") and SGLA l, LLC ("SGLA") (collectively, "Defendants"). The operative complaint alleges Plaintiff and PID entered into a Design-Build Agreement (the "Agreement") on July 16, 2021 for a construction project known as THC Design — Indig...

Excerpt: ...on of the property and have removed, damaged, destroyed, sold or otherwise kept numerous and valuable items of Plaintiffs' personal property. Plaintiffs seek recovery of possession of the residence and for damages. Plaintiffs Neil Campbell and Kathleen Campbell move the court, pursuant to CCP S1179a, for trial preference. Plaintiffs assert that this action is governed by CCP 51159 to 1179a as an achon for forcible entry and forcible detainer and ...

Excerpt: ...d 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 companies. Plaintiff filed this action on 11/4/21. The operative pleading is the First Amended Complaint (FAC) filed on 3/24/22, for: (1) hostile work envir...

Excerpt: ...ract action seeking payment for electrical work completed at Palm View Elementary School, within Defendant Coachella Valley Unified School District ("Defendant"). Plaintiff filed this action on June 28, 2022, and the operative First Amended Complaint ("FAC") was filed on February 7, 2023. A trial setting conference is set for September 6, 2023. Defendant now moves for an order granting relief from waiver of jury trial. (C.C.P., S 631(g).) Defenda...

Excerpt: ...r lease agreement ("Lease") with Defendant Andonian Enterprises, Inc. dba Discount Tire Centers ("Defendant"). Plaintiff alleges that he performed all obligations under the terms of the Lease, but on October 21, 2019 Defendant stopped making rent payments. Additionally, Plaintiff alleged that Defendant failed to pay for HOA bills, utility bills, cleaning fees, insurance and property tax as required under the Lease. Plaintiff alleged damages of $8...

Excerpt: ...n elder as defined by the Welfare and Institutions Code when Defendants committed the alleged abuse. During the pendency of this action on January 9, 2023, Judith passed away, and Jeneane now moves to substituted as Judith's successor in interest. The present motion is supported by a declaration in which Jeneane indicates that she is the sole beneficiary of Judith's trust and executor of her will. Defendants oppose and state they agree that C.C.P...

Excerpt: ...nce policy issued by Defendant National General Insurance Company and Defendant CTC Insurance Marketing, Inc. On 2/16/21, Plaintiffs suffered property damage due to flooding caused by broken hot water pipes. National General refused to communicate with them regarding their claim, and denied their claim for personal belongings, refused to pay for temporary housing, and refused to cover the full amount to cover the costs of remediation. Plaintiffs ...

Excerpt: ...er ordered to pay attorney's fees and costs to moving party in the amount of $1450.00 (total for both motions) within 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. Plaintiff Silvestre Andrade-Romero moves the court to compel Defendant Valenz Construction Group, Inc. to provide responses to Request for Product...

Excerpt: ...ess Disorder (PTSD) that she has had since 1986. She alleges she was hired by the Hospital on 2/25/15, which was aware of her disability. Plaintiff alleges that on 3/11/15, Plaintiff's supervisor, Pryor, contacted authorities and reported that she was suicidal due to her PTSD. While Plaintiff was at the side entrance of the Hospital talking about her issues with her supervisor, Donna Seifert, offcers approached her "in an attacking manner", which...

Excerpt: ...95.5, and 5) violation of the Magnuson-Moss Warranty Act. Each of these six causes of action relate to warranty claims. Defendant Nissan North America, Inc. moves the court to compel Plaintiff Tomas Reyes to binding arbitration. Defendant Nissan asserts it may compel arbitration of these claims for three main reasons. First, the Sales Contract contains a valid, written arbitration provision to which Plaintiff assented. Second, equitable estoppel ...

Excerpt: ...se verdict. As the preva-ling parties, Defendants filed a memorandum of costs on February 21, 2023 after judgment was entered on January 19, 2023. Plaintiffs now move to tax the following costs: 1. Item 8b(5) (pp. 3, 10) — Expert fees - $105,824.89: The 5998 offer was a token or nominal 2. offer, unreasonable and not in good faith, and accordingly, the expert fees should be taxed under the statute and applicable law. 3. Item 12c (pp. 3, 11) —...

Excerpt: ...ming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Kathleen Johnson and Gerald Johnson's First Amended Complaint alleges 4 causes of action for 1) dangerous condition of public property, 2) negligence, 3) loss of consortium, 4) interference with rights of disabled person (Civ. Code 554) arising out of a trip and fall by Kathleen Johnson. Defendant Diamond Environmental Services, LP demurs to the fourth cause of action on th...

Excerpt: ...s Defendant to provide notce 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 subject to the mortgage. Defendant did not have...

Excerpt: ... CCP S 340.1; 2) negligence; and 3) intentional infliction of emotional distress ("IIED"). The operative complaint alleges sexual abuse. Plaintiff Jane Doe (J.S.) alleges that she was sexually abused from 1994 to 1997 by Mark Elliott Raisler ("Raisler") while she was a minor and a student at Palm Springs High School and Palm Springs Unified School District ("Defendants"). (Complaint, '1 41.) Plaintiff alleges that Raisler used his position as a t...

Excerpt: ...nt Quantum Materials Corp. ("Quantum") is a Nevada corporation with its principal place of business in Texas. (ld. at '14.) Defendant Stephen Squires ("Mr. Squire") is a Texas resident and is Quantum and Solterra's CEO and largest shareholder. (ld. at 5.) Defendant Robert Phillips ("Mr. Phillips") is also a Texas resident and is Quantum and Solterra's CFO. (ld.) Solterra Renewable Technologies, Inc. ("Solterra") isa Delaware corporation with fts ...

Excerpt: ...at approximately 10:30 a.m., members of the Riverside County Sheriff's Department Probation and Compliance Team ("P.A.C.T.") located a vehicle associated with a parolee at large in a parking lot behind Brown's BBQ and Soul Food in Palm Springs. (Def.'s Separate Statement of Undisputed Material Facts ["DSSLJF"1 1.) When inquiring about the vehicle, employees of Brown's BBQ and Soul Food suggested that the P.A.C.T. members speak with the residents ...

Excerpt: ...d. Follow-ng the incident, Defendant Beltran was arrested for Driving Under the Influence (DOI). Critically, Defendant Beltran's intoxication occurred while he was under the course and scope of his employment. In his deposition, Defendant Beltran testified that he was aware that he was on the job when he consumed two beers and hard liquor (See Exhibit C, 23:15-17). Within approximately one hour of drinking alcohol, Defendant Beltran made the reck...

Excerpt: .... section 531, subdivision (g) of that statute gives the trial court discretion to grant relief from such waiver: "The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury." "In exercising fts discretion, the trial court may consider delay in rescheduling jury trial, lack of funds, timeliness of the request and prejudice to the litigants." (Gann v. Williams Brothers Realty, I...

Excerpt: ...s Plaintiffs to an award of punitive damages against Defendants in an amount to be determined at trial." Complaint Pg. 5, line 13: "For punitive/exemplary damages;" All other references to punitive or exemplary damages. Defendant to provide notice pursuant to CCP 1019.5. This is a negligence and trespass to chattels case arising from the plumbing in Plaintiffs' residence backing up into their residence causing damage to their sewer system and to ...

Excerpt: ...nty of Riverside, and Defendant, Giovanni Azurin, is an employee there with a history of harassing and assaulting women in the workplace. Plaintiff is a registered nurse with Post-Traumatc Stress Disorder (PTSD) that she has had since 1986. She alleges she was hired by the Hospital on 2/25/15, which was aware of her disability. Plaintiff alleges that on 3/11/16, Plaintiff's supervisor, Pryor, contacted authorities and reported that she was suicid...

Excerpt: ... The operative Fifth Amended Complaint (FAC) alleges the following class action claims: (1) Failure to Provide Rest Periods or Premium Pay in Lieu Thereof; (2) Failure to Provide Complete and Accurate Wage Statements; (3) Failure to Pay Earned Wages When Due; (4) Unfair Business Practices; and (5) PAGA Penalties. Plaintiff Torres also asserts the following individual claims against DT Carson: (6) Harassment; (7) Retaliation; (8) Failure to Preven...

Excerpt: ...tor McClone, was working at the East County Detention Center ("ECDC") construction site in Indio. On February 14, 2017, Plaintiff crossed over a protective guardrail on the third floor of the ECDC, without attaching his fall protection harness to a fall-protection line, and fell through an opening to the floor below. On the ECDC jobsite, defendant Clark was the general contractor, and defendant Conco was a concrete subcontractor. On February 13, ...

Excerpt: ...oward ("Plaintiff"), a journeyman carpenter, employed by sub-sub-contractor McClone, was working at the East County Detention Center ("ECDC") construction site in Indio. On February 14, 2017, Plaintiff crossed over a protective guardrail on the third floor of the ECDC, without attaching his fall protection harness to a fall- protection line, and fell through an opening to the floor below. On the ECDC jobsite, defendant Clark was the general contr...

Excerpt: ...t, Magdalena Post, Angela Weimer and Brad Weimer (collectively, "Defendants"). On February 18, 2021, Plaintiff filed her operative First Amended Complaint ("FAC") against Defendants Brandini Enterprises, Inc.; Justin Post; Magdalena Post; Brad Weimer; Angela Weimer; Brandon Weimer; and Kevin Johnson, alleging (1) accounting, (2) breach of contract, (3) breach of covenant of good faith, (4) breach of fiduciary duty, (5) constructve trust, and (6) ...

Excerpt: ...Storck, allege that Defendant, Spencer Food Services, Inc. (Spencer's), operates Spencer's Restaurant in Palm Springs. They allege that on 11/20/22, Plaintiffs went to Spencer's for breakfast, but were informed that they were not welcome because the owner has instituted a new policy of no children under twelve; Ellis and August are under twelve years old. Plaintiffs allege Spencer's, as owners/operators, have a duty to comply with Civil Code S 51...

Excerpt: ...r and file a joint declaration, within 10 days before the continued hearing, identifying any remaining issues to be resolved by the Court. This case arises out of an automobile accident that oc:curred on February 29, 2020. Defendant Patricia Ferrusca allegedly made an unsafe left turn on a red arrow in front of Plaintiff Felizitas Hernandez's vehicle, which caused injuries to Plaintiff Felizitas and her passenger, Plaintiff Ignacio Hernandez. (Co...

Excerpt: ...contends that Respondent informed it that it would renew the lease agreement, if Petitioner spent millions of dollars repairing and improving the property. Petitioner alleges that it agreed to this proposal and a contract was formed. It asserts that despite this agreement, Respondent solicited bids through a request for proposal process and did not select Petitioner despite the agreement and the $1.3 million spent by Petitioner to improve the pro...

Excerpt: ...estified that he was the current property owner of the subject property at 500 East Amado Rd., Palm Springs. In May 2022, he leased it to Michael De Angelo. At Michael De Angelo's request (purported tax advantage) he changed the lease to reflect IICR, LLC as the leaseholder with Michael De Angelo remaining as a guarantor. Exhibit 1 was introduced reflecting the aforementioned change in handwriting. After the lease started, Michael De Angelo reque...