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

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...