Excerpt: ...tition (the "Petition") in this action on March 19, 2021 and the operative first amended petition ("FAP") on April 22, 2021 against respondent City of Palm Springs (the "City"). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within the City. (FAP, '1 13.) Petitioner seeks to stop the installation of a 26-foot tall statute of Marilyn Monroe — the Forever Marilyn statute —...

Excerpt: ... the Complaint on June 11, 2020, alleging negligence and premises liability. Trial in the matter was originally scheduled for October 5, 2022. The Court granted Defendant's ex parte application to continue trial, and continued trial to June 16, 2023 with all statutory and pre-trial deadlines to be covered by the new trial date. On April 27, 2023, the parties timely designated experts. The parties subsequently noticed expert depositions, but the p...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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...