Excerpt: ...Defendant to provide notice pursuant to CCP 1019.5. This is an action brought by Plaintiff Michael Capozza, as Trustee of the Michael A. Capozza Separate Property Trust dated January 25, 2018 ("Plaintiff"), individually and derivatively, on behalf of 395 Palm Canyon, LLC ("395 PC"). On December 22, 2022, Plaintiff, individually and derivatively on behalf of Nominal Defendant 395 Palm Canyon, LLC ("395 PC") filed the operative First Amended Compla...

Excerpt: ...based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas Three LLC by which Cardenas loaned to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conveyed the properties to Zenith for fake private hard money loans. According to Plaintiffs, the result wa...

Excerpt: ...”) which included an agreement to arbitrate. (Won Decl. ¶ 6, Ex. B at 5; Compl. ¶ 5, Ex. 1.). During the warranty period, the subject vehicle developed defects and nonconformities in the transmission. (Compl. ¶¶ 10–11, 15, 33.) Ford has been unable to service or repair the vehicle to conform to the applicable warranties after a reasonable number of attempts. (Id. at ¶¶ 12, 34–38.) On September 6, 2022, Plaintiffs filed a Complaint for...

Excerpt: ...s order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action to recover losses sustained as a result of Defendants' allegedly unlawful sale of unqualified securities. Plaintiffs initially filed their Complaint on November 23, 2021, and as a matter of right, filed their First Amended Complaint (“FAC”) on October 10, 2022, alleging the following eight causes of action: (1) Rescission; (2) fraud (concealment); (3...

Excerpt: ..., 2023, 8:30 a.m. Department PS2. Yvette Lua (“Plaintiff”) was employed by Monterey Country Club, LLC and American Golf Corporation (collectively “Defendants”). She alleges that her supervisor sexually harassed her by making unwanted sexual advances towards Plaintiff, making repeated and offensive sex-based comments towards her, and repeatedly making offensive and objectifying sex- based comments towards women in Plaintiff's presence. Pla...

Excerpt: ...nd City of Ranch Mirage Housing Authority (together, the “City”). Petitioner seeks a writ of mandate requiring the City to conform their actions to a settlement agreement reached in earlier litigation regarding housing discrimination. In addition, the petition/complaint sets forth causes of action for breach of contract and declaratory relief. On November 7, 2022, the court granted Plaintiff's motions to compel the City to provide responses w...

Excerpt: ...nterprises Inc. (“Plaintiff” or “BQ”) filed the complaint in this action on March 17, 2021 and the operative second amended complaint (“SAC”) on January 24, 2022 against defendants Mirage Home Health LLC (“Mirage”) and Jason Mabbayad (“Mabbayad”) (together, “Defendants”). The action arises out of an alleged contract by which Mirage agreed to purchase Plaintiff's interest in BQ, dba Home Health Angels. The SAC sets forth fo...

Excerpt: ... pursuant to CCP §1019.5. This is a Song Beverly suit. Anthony Guyette John Pilutik (“Plaintiff”) purchased a 2019 GMC Sierra 1500, manufactured by General Motors, LLC (“Defendant”). He contends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach...

Excerpt: ...at a $100,000 loan in the form of a promissory note secured by a deed of trust (DoT) to be filed regarding a Rancho Mirage residence. Defendants are alleged not to have filed the required DoT and then improperly refinanced the property wiping out any equity and now seek to sell the property without paying off the promissory note and other costs owed to Plaintiff. On February 25, 2022, Defendant Fred Rudat filed a permissible cross- complaint (now...

Excerpt: ... and 6th cause of action for indemnity are overruled. Defendant to provide notice pursuant to CCP 1019.5. Page 4 of 5 Plaintiff National Community Renaissance of California's Complaint alleges 6 causes of action for 1) negligence, 2) breach of contract, 3) breach of express warranty, 4) breach of implied warranty, 5) implied equitable indemnity, and 6) express indemnification. The operative Complaint is between the general contractor, Plaintiff, ...

Excerpt: ...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/inactions of City and Defendant violated his civil rights as an e...

Excerpt: ...Defendants entered into an oral agreement whereby plaintiff agreed to: 1) be the legal counsel for defendants with regards to defendants' political campaign to become directors of Salton Community Services District in Thermal, California; 2) be defendants' political campaign manager; and 3) be Page 4 of 5 defendants' political strategist for the November 2, 2021 elections. After Defendants won their elections and were sworn in as directors for Sa...

Excerpt: ... operative First Amended Complaint (“FAC”) against GM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) violation of Civ. Code § 1793.2(a)(3); and (4) breach of implied warranty of merchantability. Plaintiff alleges that, on March 19, 2017, she purchased a 2017 Chevrolet Silverado 1500, manufactured and distributed by GM. (FAC ¶ 9.) She alleges that, during the warranty period, the subject vehic...

Excerpt: ...ming final (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a tenant versus landlord action in which Plaintiff Kelani Capistrano alleges 9 causes of action in her First Amended Complaint for 1) breach of contract, 2) breach of covenant of good faith and fair dealing, 3) breach of covenant of quiet enjoyment, 4) IIED, 5) NIED, 6) negligence, 7) wrongful eviction, 8) con...

Excerpt: ...d to give notice pursuant to CCP §1019.5. On March 19, 2021, Plaintiff Constance Lee Sherman slipped and fell at a vacation rental property owned by Defendants Steven D. Gilbert and Peggy Gilbert and managed by Defendant Vacasa LLC. She alleges she was walking on the patio near the pool when she slipped on wet stone causing a dislocated and shattered elbow, fractured forearm and fractured wrist. On October 18, 2021, Plaintiff filed her complaint...

Excerpt: ...rovide notice pursuant to CCP 1019.5. Plaintiff Philip Moreb's Second Amended Complaint (SAC) alleges two causes of action for 1) HBoR violations, and 2) UCL violations. Defendants U.S. Bank N.A. and Fay Servicing, LLC demur to both causes of action in Plaintiff's SAC on the grounds that they fail to state facts sufficient to state a cause of action. Defendants also asserts that judicial estoppel bars all of Plaintiff's claims. This court in ruli...

Excerpt: ...Homes, LLC with the Plaintiffs carrying back the financing and holding first-priority deeds of trust based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas by which Cardenas loaned $3,055,000 to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conve...

Excerpt: ...id Kohan's Complaint for judicial foreclosure fails to state a claim as this court found in CVPS2103085 that the Deed of Trust (DoT) is unenforceable and granted a motion to sell the property to satisfy a prior judgment against Nejat Kohan, Plaintiff's brother, who held title to the property. On January 25, 2022, the Court in the Sale Motion Case formally entered an Order for Sale of the Dwelling, wherein, among other things, found that: (a) the ...

Excerpt: ...ntiff. Thereafter, after Palumbo realized Plaintiff heard, he critiqued her and ultimately terminated her. She further alleges she was improperly classified as an independent contractor when she was an employee. Defendants CannAssist International Corp., Xceptor, LLC and Electronic Servitor Publication Network, Inc. are all related companies. The first amended complaint (FAC), which plaintiff filed on 3/24/22, pleads causes of action (COA) for: 1...

Excerpt: ... Advantage Funding Commercial Capital Corp. (Advantage) to lease a 2016 Freightliner truck. On 4/16/18, Ade transferred all rights in the Agreement and truck to Defendant, Towz, Inc. dba Extreme Towing (Towz), but remained liable to Advantage for liabilities under the Agreement. All rights, title and interest in the Agreement and truck were subsequently transferred to Plaintiff. Plaintiff alleges that on 4/1/19, Defendants breached the Agreement ...

Excerpt: ...019.5. Plaintiff Michael Treptow (“Plaintiff”) filed the complaint in this lemon law action on August 3, 2021 against defendant Kia America, Inc. (sued as Kia Motors America, Inc.) (“KMA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended c...

Excerpt: ...ty is further ordered to pay attorney's fees and costs to moving party in the amount of $1,035.00. 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 §1019.5. On March 24, 2022, Plaintiff Jose Araujo Lopez (“Plaintiff”) filed a Complaint alleging cases of action for: (1) Violation of Song‐Beverly Act ‐ Breach of Express Warranty; (2) Violation...

Excerpt: ...l actual and potential future claims, complaints, cross‐complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total sum of FIFTY‐ THOUSAND DOLLARS ($50,000.0...

Excerpt: ....010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. Plaintiff Jinbai Li (“Plaintiff”) filed the complaint in this action on July 29, 2021 against defendants Simon Chan (“Simon”) and Shiu Mei Chan (“Shui Mei”). The action arises out of an alleged agreement under which Plaintiff agreed to loan $30,000 to Shiu Mei (and her now deceased husband) in exchange for a 50% interest in r...

Excerpt: ...fs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's (KPII) Second Amended Complaint (SAC) allege 6 causes of action (COA) for 1) fraud, 2) breach of fiduciary duty, 3) breach of contract, 4) quiet title, 5) conversion, and 6) declaratory relief against multiple defendants. Defendant Longbridge Financial, LLC demurs pursuant to California Code of Civil Procedure §§430.10(c), (e), and (f) on the bases that there is an earlier pleading filed wh...

Excerpt: ...nging the reservation policies and practices of the Hotel. Specifically, the lack of information provided on the Hotel's reservation website that would allow him to determine if the rooms are wheelchair accessible to him. Plaintiff went to the Hotel's website on 9/22/20, but found that there was virtually no accessibility information there, which caused him discomfort. Plaintiff filed his Complaint on 10/8/20 alleging two causes of action: 1) vio...

Excerpt: ...d by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He 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 ...

Excerpt: ...nson and Gerald Johnson's First Amended Complaint (FAC) allege causes of action for 1) dangerous condition of public property, 2) negligence, 3) loss of consortium, 4) interference with rights of disabled person (Civ. §54). Defendant City of Palm Springs demurs to the entire FAC on the grounds that the FAC and each cause of action stated in it, fails to state sufficient facts to constitute a cause of action against the City because Plaintiffs fa...

Excerpt: ...ospitalized for cellulitis complications shortly thereafter, requested leave of absence, and was terminated. A complaint was filed on 5/12/22 alleging causes of action for: (1) Discrimination in Violation of Gov't Code §§12900 et seq.; (2) Retaliation in Violation Gov't Code §§12900 et seq.;(3) Failure to Take Reasonable Steps to Prevent Discrimination in Violation of Cal. Gov't C. §12900, et seq.; (4) Failure to Accommodate in Violation of ...

Excerpt: ...a Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No. MCC1800582 (“underlying case”). On August 30, 2022, Plaintiffs' counsel, Clay R. Sides (“Mr. Sides”) agreed to a settlement...

Excerpt: ...ndra Epps (“Defendant”) – this is different from the partition action between the same parties in CVPS2000850. The operative complaint alleges that on July 6, 2017, Plaintiff proposed marriage to Defendant, at which time he presented her with a family heirloom engagement ring in contemplation of marriage. (Complaint, ¶ 7.) However, by April 2019, the parties had ended their engagement by mutual consent. (Complaint, ¶ 8.) Despite several d...

Excerpt: ...al time to file 3rd Amended Complaint consistent with this order within 10 days of the order becoming final. Plaintiff to provide notice 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 ...

Excerpt: ...Springs, California. She allegedly slipped on a liquid substance that was spilled by an unknown third‐party customer or her child approximately three minutes prior to the incident, sustaining injuries. On April 6, 2021, Plaintiff filed a Complaint against Walmart, alleging negligence and premises liability. She alleges that Walmart had actual or constructive notice of the substance on the floor that caused the incident, or that Walmart failed t...

Excerpt: ...thin 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH”) (collectively, “Defendants”), alleging the following seven causes of action (COA): (1)...

Excerpt: ...d to submit proposed judgment consistent with this order within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action filed by a homeowner against neighboring homeowner (and HOA) disputing that the view from their lot has been materially impeded by the conditions of the neighboring home. Plaintiff Gilbert and the Clevelands own homes within the Canyon View Estates, which are governed by the De...

Excerpt: ...party in the amount of $560.00 within 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Moving party ordered to give notice pursuant to CCP §1019.5. On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH...

Excerpt: ...SAC) filed on 8/6/21 asserting a single cause of action of negligence. Jury trial is set for 2/24/23. Defendant Hilton Domestic (Hilton) moves for summary judgment, or in the alternative, summary adjudication, on the grounds that there is no vicarious liability as did not control the day to day operations of the hotel, and had no duty to Plaintiff. It argues that it is the parent company of the franchising arm. Urban Commons owns the subject hote...

Excerpt: ...that a settlement had been reached in this matter. The Court dismissed the case on 1/24/22, retaining jurisdiction over the parties to enforce the settlement and its terms under C.C.P. § 664.6. On 6/3/22, a stipulated judgment was entered by the Court. Defendants brought a motion to set aside the judgment, which was heard by the court on September 9, 2022 and denied. In the instant motion, Defendants bring a motion to quash subpoena. It is uncle...

Excerpt: ...triking the entirety of plaintiff, SID KOHAN, M.D.'s ("Plaintiff') complaint and dismissing this action. The motion is and will be made on the grounds that the complaint intentionally ignores and completely contradicts multiple Court orders which specifically find that Plaintiffs deed(s) of trust are unenforceable and that Plaintiff is/was not entitled to paid on account of his deed(s) of trust upon the sale of Plaintiffs brother's real property ...

Excerpt: ...ontract with Rosenauer Construction, Inc. (“Defendant”). Under said agreement, Defendant was to perform a residential home renovation project for Plaintiff in exchange for $113,000.00. Defendant allegedly breached the agreement by failing to complete the work, failing to provide agreed upon credits, and for failing to pay for all materials pursuant to the agreement. The complaint asserts the following causes of action: (1) breach of contract,...

Excerpt: ... entered into in “good faith, and that all actual and potential future claims, complaints, cross‐ complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total...

Excerpt: ...one‐fifth interest in property located at 175 Gran Via in Palm Desert (“subject property”) and that he owns his interest with his siblings, defendants Janet Rappaport (“Janet”), Valerie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. ...

Excerpt: ... mobile home that was located in a mobile home park owned and/or operated by Defendant Empire Mobile Home Parks, LLC (“Defendant” or “Park”). On July 1, 2020, Plaintiff and Harvey on behalf of the Estate entered into a Manufactured Home Purchase Agreement and Escrow Instructions (“Agreement”). Plaintiff deposited a down payment into escrow. Defendant Charlie Stees (“Stees”) as manager of the Park represented that Plaintiff was acc...

Excerpt: ...de notice pursuant to CCP 1019.5. Plaintiff Melissa Mattar alleges that on January 29, 2019, she purchased a new 2018 Dodge Journey, manufactured and distributed by defendant FCA US LLC. The subject vehicle allegedly came with material defects and nonconformities to warranty including engine, electrical, transmission, steering and structural system defects. Plaintiff alleges that Defendant's authorized repair facility was unable to repair the def...

Excerpt: ...ial justification for the filing of the Amended Notice of Pendency, and there are no circumstances alleged that would make the imposition of fees and costs unjust. Accordingly, fees and costs are awarded in the requested amount of $960 (3 hours at $300/hour + $60 filing fee) payable to defense counsel within 20 days of this order becoming final. However, Defendant's request that the court also award the balance of fees not awarded on the previous...

Excerpt: ...arbitration based on the Retail Installment Sales Contract (RISC). It argues that the equitable estoppel doctrine and Felisilda apply. It contends Plaintiff's claims are inextricably intertwined with the RISC because a plaintiff must have purchased a new motor vehicle to have a Song Page 3 of 7 Beverly claim. It contends that the RISC has an express warranty as an additional provision. It argues it is a third party beneficiary. It points out that...

Excerpt: ...s America, Inc.) (“KA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended complaint (“FAC”). On February 24, 2016, Plaintiff purchased a new 2016 Kia Soul (the “Vehicle”). (FAC, ¶ 11.) The Vehicle was backed by a written warranty. (FAC...

Excerpt: ...of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision (1), on the ground Defendants did not get a fair trial as a result of the “[i]rregularity in the proceedings of the court, jury or adverse party, or any order o...

Excerpt: ...dant served her first set of Requests for Admission (“RFAs”). Plaintiff responded with objections only, and on August 15, 2022, Defendant moved to compel further responses. On September 28, 2022, the court granted the motion, as well as a motion to compel further responses to Form Interrogatories (“Form ROGs”), and ordered Plaintiff to provide responses to RFAs without objection by October 10, 2022 and to pay monetary sanctions. Plaintiff...

Excerpt: ...for 1) breach of contract, 2) breach of the implied covenant of good faith, 3) fraud, 4) RICO violation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” On 7/21/22, defendants' demurrer to the FAC was sustained with 20 days leave to amend. Defendants' mo...

Excerpt: ...herefore not barred by judicial estoppel. Plaintiff granted leave to file amended complaint consistent with this ruling within 10 days of service of notice. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Phillip Moreb's First Amended Complaint alleges three causes of action (COA) for 1) promissory estoppel, 2) Violation of HBoR, and 3) UCL violations arising out of the servicing of Plaintiff's mortgage. Defendants U.S. Bank, N.A., ...

Excerpt: ... of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Co‐ Defendant Manuel Ramos (“Ramos”) filed a “Motion to Dismiss or Close Case” on the grounds that all three Defendants “do not reside in Riverside County” and “[a]ll communication among all the parties occurr...

Excerpt: ...ess dealings with his four brothers, Steven, Robert, Ruben, and Rudy. The five brothers are all shareholders of the business Padilla & Sons, a California corporation, founded by their father. In addition to their business dealings in Padilla & Sons, the brothers engaged in numerous real property transactions. This action currently concerns five properties referred to in the Complaint by the street on which they are situated: Deborah, Gaviota, two...

Excerpt: ...ant The Springs. Award to be paid within 10 days of service of notice. Moving party to provide notice pursuant to CCP 1019.5. This case arises out of the purchase of a single‐family residence by Plaintiffs Richard Kite and Becky Kite. Plaintiffs allege 7 causes of action for: 1) breach of contract, 2) negligence, 3) professional negligence, 4) negligent misrepresentation, 5) fraudulent concealment, 6) fraud and deceit, and 7) breach of fiduciar...

Excerpt: ...as employed by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He 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 preventati...

Excerpt: ...ation for legal services – action to recover reasonable value of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the...

Excerpt: ...ges causes of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which...

Excerpt: ...hower Medical Center, for a vaccine and tripped over some exposed cords, fracturing her patella and suffering other injuries. She pleads causes of action for premises liability and negligence. Roberta's husband, S. Morton Zweig, pleads a cause of action for loss of consortium. Defendant noticed plaintiffs' in‐person depositions, and their counsel said they would only appear remotely because they are in their 70s and fear exposure to Covid. The ...

Excerpt: ...ulent inducement—concealment; and (6) negligent repair. Defendant FCA moves to compel arbitration based on the Retail Installment Sales Contract (RISC), which contains an arbitration provision. It relies on Felisilda and equitable estoppel. It also argues that it has standing as a third party beneficiary. It argues the FAA applies. Defendant Geovel, Inc. also moves to compel arbitration based on the same RISC. It asserts that the negligent repa...

Excerpt: ...ence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Hotel served him. As of the time that the Defendant Hotel s...

Excerpt: ...valid security interest in goods, which Defendants purchased from Bank's borrower. After a bench trial conducted from August 1, 2022 to August 15, 2022, on September 9, 2022, judgment was entered in this matter for Defendants, Hayday Farms, Inc., Hayday Farms Holdings, Ltd., Hayday Farms Venture, LLC, Hayday Farms Venture I, LLC and Hayday Farms of California, LLC and against plaintiff, Wells Fargo Bank, National Association. Defendants filed a m...

Excerpt: ...r status. On July 21, she received assistance to pay the outstanding rental debt of $21,032.63, which would cover rental arrearages from January 2021 to December 2021 and future rent from January 2022 to March 2022. In January 2022, Defendants indicated that there was an outstanding balance of $1,384.80 and were issuing a three day notice. Plaintiff had previously tendered $7,168.75 which Defendants cashed but failed to credit. In March 2022, Def...

Excerpt: ...s in Set one. No attorney fees or cost awarded. Responding party to provide further verified documents within 20 days of service of notice. Moving party to provide notice. Plaintiffs, Jeffrey E. Fromberg and Mary E. Fromberg, individually and as Trustees of the Fromberg Family Trust dated June 23, 2009, filed the operative First Amended Complaint (FAC) on 8/17/22 against Defendants, Barbara A. Long (aka Barbara Vanton Long), individually and as T...

Excerpt: ...ses of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Ho...

Excerpt: ...failing to complete the work, failing to provide agreed upon credits, and for failing to pay for all materials pursuant to the agreement. The complaint asserts the following causes of action: (1) breach of contract, (2) money had and received, (3) negligence, (4) breach of duty of good faith and fair dealing, (5) unjust enrichment, and (6) fraud and deceit. Defendant brings this motion seeking to compel Plaintiff to arbitration. It asserts that P...

Excerpt: ...ezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust (“Defendant”). Plaintiff alleges that she is the equitable owner of real property located on Pueblo Rd. in Indian Wells (the “Property”). (Complaint, ¶ 9.) Plaintiff began occupying the Property as a second home in approximately June 2015 and has, since that time, made all of the mortgage payments and paid for all upkeep of the Property. (Id., ¶¶ 10‐11.) Plaintiff allege...

Excerpt: ...a to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No. MCC1800582 (“underlying case”). Defendants Insurancebeacon.com, Inc. dba Magnolia Aut...

Excerpt: ...come the court's order on December 6, 2022 8:30 a.m. regardless of whether terminating sanctions are imposed. Defendant to provide notice pursuant to CCP 1019.5. This is a personal injury action filed by plaintiff Twinisha Robinson against True Vine Hospitality, LLC (dba Budget Inn) and Dhansukhbhai Bhakta. The complaint, filed July 15, 2020, alleges causes of action for negligence and premises liability. Plaintiff alleges that she was injured wh...

Excerpt: ...efendant Jacob Williams aka Jacob Charles Williams (“Defendant”). Plaintiff alleges that she and Defendant began dating in June 2015 and began cohabitating in July 2016 in a home located in Bermuda Dunes, California. (SAC, ¶¶ 6‐7.) Plaintiff purchased the home in June 2019 using funds provided by her father and has made all mortgage payments. (SAC, ¶¶ 8‐9, 12.) Plaintiff alleges that without consideration from Defendant – or for rea...

Excerpt: ... present and that the matter proceeded as a default hearing. (Minute Order dated January 26, 2022, ROIC California, LLC v. Bakos, UDPS2100440.) At the conclusion of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision ...

Excerpt: ...ce as to 4th cause of action. Defendant to provide notice pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC allege 6 causes of action (COA) for 1) fraud, 2) breach of fiduciary duty, 3) breach of contract, 4) quiet title, 5) conversion, and 6) declaratory relief. Defendant Edwin Cosek specially demurs to the entire First Amended Complaint (FAC) on the grounds that Plaintiff ...

Excerpt: ... are also references to Xceptor, LLC and Electronic Servitor Publication Network, Inc. (ESI), all of which Palumbo allegedly controlled/controls. Plaintiff was apparently hired as the director of marketing. The first amended complaint (FAC), which plaintiff filed on 3/24/22, pleads causes of action (COA) for: 1 )Hostile work environment/sexual harassment; 2) Wrongful termination in violation of public policy; 3) Retaliation; 4) Failure to prevent...

Excerpt: ...ted and the Fast Track hearing dates in the Master File shall govern. Prevailing party is ordered to prepare formal order consistent with the court's ruling and file it with the court by November 17, 2022. Notice to be given pursuant to CCP 1019.5. This action was filed by plaintiff Steven Bahr (“plaintiff” or “Bahr”) on 6/9/21, alleging that his former wife, defendant Brianne Maurer (“defendant” or “Maurer”), breached an oral agr...

Excerpt: ...ly June 2005 until April 2017, with her family, including her minor aged children, Veronica Juarez resided at the Rancho Palms Mobile Home Park (“Rancho Palms”) in the city of Rancho Mirage. Defendant, City of Rancho Mirage, forced Ms. Juarez and her family to vacate her home of 12 years after Defendants destroyed Rancho Palms, all of Rancho Palms' mobile homes, and ejected 126 low‐income families, the vast majority of whom were Hispanic. D...

Excerpt: ... 4/16/18, Ade transferred all rights in the Agreement and truck to Defendant, Towz, Inc. dba Extreme Towing (Towz), but remained liable to Advantage for liabilities under the Agreement. All rights, title and interest in the Agreement and truck were subsequently transferred to Plaintiff. Plaintiff alleges that on 4/1/19, Defendants breached the Agreement by failing to make the monthly payment, and continues to fail to make any further payments. Ba...

Excerpt: ...rie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. Rappaport. Plaintiff alleges he has been deprived of the use of the subject property and that sale is preferred because physically dividing the subject property cannot occur because there is a...

Excerpt: ...el same date. Plaintiff filed his Complaint on 11/24/21 alleging three causes of action: 1) intentional misrepresentation regarding zoning; 2) declaratory relief and restitution regarding the purchase transaction; and, 3) breach of the purchase agreement. On 6/21/22, the Court sustained Seller Defendants' demurrers to each of the three causes of action, without leave to amend. The 7/18/22 Judgment provided that each Seller Defendant is a prevaili...

Excerpt: ... with this order to be produced within 45 days of this order becoming final. Intervenor Riemer to provide notice pursuant to CCP 1019.5. The operative complaint filed on January 3, 2022 alleges Plaintiff Jay Rein (“Rein”) is the son of Sheila Riemer (“Sheila”), who died on October 7, 2021. (Complaint, ¶ 1.) Alvyn Riemer (“Alvyn”) is Rein's stepfather and was married to Sheila from 1986 until she died. (First Amended Complaint in Inte...

Excerpt: ... order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. On September 23, 2021, a Complaint for Damages was filed in this wrongful termination action alleging causes of action for: (1) Disability Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”); (2) Failure to Provide Reasonable Accommodation in Violation of the FEHA; (3) Failure to Engage in the Interactive Process in Violation of the FEHA; (4) Re...

Excerpt: ... underlying legal action involved property in Imperial County and the legal proceedings were filed in the Superior Court of Imperial County, the obligations were to be performed in Imperial County, making it the proper venue under Cal. Code Civ. Pro. §395. Plaintiff alleges a breach of contract. Plaintiff Jose Luis Fuentes (“Plaintiff”) is a licensed attorney. On June 19, 2019, Defendant Carmen Hammond (“Defendant”) retained Plaintiff by...

Excerpt: ...ide] (“Defendant County”) Deputy James Knudsen (“Defendant Knudsen”), and Deputy S. Garcia (“Deputy Garcia”). On 8/24/22, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action (COA) for: (1) False Arrest/False Imprisonment; (2) Use of Excessive Force; and (3) Bane Act Violations pursuant to California Civil Code, section 52.1. On 9/6/22, Plaintiff dismissed the second and third COA and Defendant Deputy Garcia...

Excerpt: ...hem. However, as will be discussed below, the default is void as a matter of law because the California Secretary of State did not serve Defendants Collect Access and Zee Law Group until April 29, 2021. Defendants did not receive service of process until May 3, 2021. Defaults were entered against Defendants on May 3, 2021. Defendants moved to set aside the entry of default but the Court denied the Motion on July 29, 2021. Default judgment was ent...

Excerpt: ...ntered into a warranty contract regarding the subject vehicle, that included several warranties, including bumper‐to‐bumper, powertrain and emissions warranties. Plaintiffs allege that during the warranty period, the subject vehicle developed defects or nonconformities, including electrical system defects, transmission defects and engine defects. Plaintiff alleges that all 2017 Dodge Page 4 of 7 Durangos are equipped with defective transmissi...

Excerpt: ...ion (COA): (1) disability discrimination (failure to hire); (2) “failure to hire in violation of public policy;” (3) failure to provide reasonable accommodations; (4) disability discrimination (disparate impact); (5) failure to engage in the interactive process; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. On August 9, 2022, Plaintiff filed a First Amended Complaint (“FAC”). Plainti...

Excerpt: ...ce came to their home looking for a family member who does not live there. They allege that several deputies' actions violated training, procedures, and protocol while in the course and scope of their duties; acted in a negligent or intentional manner and were the cause of Plaintiffs' injuries. Plaintiffs filed their form Complaint on 3/4/22 alleging a single cause of action for general negligence against Defendant, County of Riverside. The Compl...

Excerpt: ... moving party in the amount of $561.50 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 §1019.5. Page 5 of 6 Plaintiff, R.P. Insurance Services, Inc. dba Rosalio Plata Ins. Svcs., alleges that its original shareholder was Rosalio Plata (Sr.), now deceased, who transferred all outstanding shares to his son, Rosalio Plata (Jr.) and his daughter, Denis...

Excerpt: ...ntered into the following agreements: 1. Asset Purchase Agreement (“APA”); 2. Non‐ Compete Non‐Solicit (“NCNS”) Agreements entered into on 5/26/20, 4/1/20, and 6/1/20; 3. Independent Consulting Agreement (“ICCA”) executed on 4/1/20. Plaintiffs allege defendants breached the agreements by soliciting former clients and by disparaging plaintiffs. Plaintiffs also allege defendants misrepresented the value of the accounts sold to them;...

Excerpt: ...s reinstated. Moving party to provide notice pursuant to CCP 1019.5. On September 27, 2021, Plaintiffs Robert Preston Beach‐Barrow, in and through his Successor‐InInterest Duane Beach‐Barrow and Duane Beach‐Barrow (“Plaintiffs”) filed a Complaint for Damages against Defendants California Nursing and Rehabilitation Center, dba CNRC, LLC (“CNRC”), Brius Management Co. (“Brius”), John Black, and Shlomo Rechnitz, alleging (1) elde...

Excerpt: ...uant to CCP 1019.5. This is a class action wage and hour case combined with a sexual harassment/wrongful termination claim by the named plaintiff. Plaintiff Fidel Torres (“plaintiff”) was employed by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He alleges that co‐worker, Steven Young (“Young”) made sexually explicit comments and g...

Excerpt: ...ver of objection to the Request for Document Production, Set 2. It contends that RFP 2 was not properly served. It further asserts that substantially compliant responses have been served and the failure to serve the written objections was the result of mistake, inadvertence or excusable neglect as counsel relied on staff to calendar discovery responses but was not served with the discovery as requested by the electronic service agreement. In Oppo...

Excerpt: ...ity of Rancho Mirage (the “City”). The original complaint set forth causes of action for (1) dangerous condition of public property and (2) general negligence. On July 28, 2022, the court sustained the City's demurrer to the second cause of action with leave to amend. Plaintiff filed the operative first amended complaint on August 17, 2022. Plaintiff alleges that on December 18, 2020, he was walking on a walkway located at Frank Sinatra Dr. n...

Excerpt: ...Volvo Car USA, LLC (erroneously sued as Volvo Cars of North America, LL) (“Volvo”) and Volvo Cars Palm Springs (erroneously sued as Palm Springs Volvo) (“VCPS”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on April 19, 2022. The FAC set forth seven causes of action (COA): (1) violation of Civ. Code § 1793.2(d) (against Volvo); (2) violation of Civ. Code § 1793.2(b) (against Volvo); (3) violation of Civ....

Excerpt: ... Rivera and Ramiro Rojas claim Mr. Aguilar was negligent in failing to add Plaintiff Rivera to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No....

Excerpt: ... checked out, and on 6/4/18 a doctor confirmed she had bedbug bites. The complaint alleges one prior bedbug lawsuit against the same hotel and one warning on a travel site; it also explicitly alleges that defendant “failed to eradicate a prior bedbug infestation of Plaintiff' s room.” (Complaint, ¶ 24, emphasis added; ¶ 33 [“Defendants, and DOES 1 through 20, rented the room to Plaintiff despite having knowledge, as of May 25, 2018, that ...

Excerpt: ..., and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the parties occurred in Imperial County.” (Defs.' Mot. to Dismiss 1.) On Jul...

Excerpt: ...alleges 16 causes of action (COA) for 1) sexual assault, 2) sexual battery, 3) sex discrimination, 4) quid pro quo sexual harassment, 5) retaliation, 6) whistleblower retaliation, 7) failure to prevent discrimination, harassment and retaliation, 8) wrongful termination, 9) failure to provide meal and rest breaks, 10) waiting time penalties pursuant to Labor Code §§ 201‐203, 11) UCL violations, 12) failure to permit inspection of personnel and...

Excerpt: ...ino which caused her to fall down an escalator. The complaint was filed on 11/24/21 alleging causes of action for general negligence and premises liability. In the instant motion, Defendant moves to quash the service of summons claiming the Court lacks jurisdiction as tribes are sovereign and immune from suit. It contends it has not waived sovereign immunity and that its Tort Liability Code preserves the immunity and sets forth the procedure to m...

Excerpt: ...rd Page 10 of 26 in Las Vegas, Nevada. Plaintiff paid $20,000 to Marilyn Louise Ball dba Las Vegas Walk of Stars and $5,000 to Pablo Antonio Castro Zavala dba Stars Productions Las Vegas. The remaining $3,000 was to be paid after the star dedication ceremony. On January 18, 2020, Plaintiff was informed that her star dedication ceremony would take place on May 18, 2020. Due to the pandemic, this did not occur. She never received a star and eventua...

Excerpt: ...f Charles Cyr in which he alleges 13 causes of action against Defendant Eisenhower Medical Center as follows: 1) age discrimination, 2) gender discrimination, 3) failure to pay overtime wages, 4) failure to pay final wages, 5) failure to provide meal periods, 6) failure to provide rest periods, 7) failure to pay wages when due, 8) IIED, 9) wrongful termination, 10) breach of contract, 11) breach of the implied covenant of good faith and fair deal...

Excerpt: ...assment (hostile work environment), 7) retaliation, 8) failure to prevent discrimination, retaliation and harassment, 9) wrongful termination (Gov. Code §12940(A), and 10) wrongful termination in violation of public policy. Defendant moves for summary adjudication as to the 1st – 4 th causes of action, 7th cause of action, and 9 th cause of action. In addition, Defendant seeks summary adjudication of its affirmative defense of after‐ acquire...