Excerpt: ...that, in she and Defendant Brandon Weimer, who were then high school friends, began a joint venture to sell toffee as a fundraiser, which they later turned into an actual business, which became Brandini Enterprises, Inc. (Second Amended Complaint ["SAC" l, 10.) It is further alleged by Plaintiff that, as the two friends were still minors at that time, they got their parents involved in the business, and all of them entered an oral partnership agr...

Excerpt: ...t General Motors, LLC ("GM" or "Defendant") regarding a 2017 Cadillac XT5 which was manufactured and distributed by GM. Plaintiffs allege they purchased the vehicle at Boulevard Cadillac, a GM authorized dealer. (First Amended Complaint ("FAC"), '1 6.) Plaintiffs allege that the vehicle came with material defects and nonconformities to warranw, including transmission defects, infotainment defects, engine defects, and electrical defects, that GM's...

Excerpt: ... Nicodemus ("Nicodemus"), alleging claims for: 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and constructve trust. Plaintiff was an elder as defined by the Welfare and Institutions Code when Defendants committed the abuse. Defendants Kenagy and Nicodemus jointly move to stay and/or abate the action pend-ng final resolution of the achon entitled Judith Nicodemus vs. Stephen Nicodemus and Shawn N...

Excerpt: ...ce for the summons and complaint shows that moving parties, Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, were served on June 29, 2023. Defendants now move this court to quash depsiton notices pursuant to California Code of Civil Procedure section 2025.410, subd. (c), and for a protective order pursuant to California Code of Civil Procedure section 2025.420, subds. (a) and (b), and for monetary sanction against plaintiff Jeff Joh...

Excerpt: ...he defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and its deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject pro#rties be quieted in Cardenas as of July 24, 2018, free of all liens asserted by Plaint...

Excerpt: ... Plaintiff alleges her knee implants were not properly sterilized, which led to her infections. Defendant asserts there are two acceptable methods for sterilization: Hydrogen Peroxide (VHP) and Ethlyene Oxide (EO). (IJMF 13.) The method that utilizes VHP is completed in-house at Conformis, while the method that utilizes EO is completed off-site by Steris. (UMF 16.) Steris is a thirdparty that provides contract sterilization, laboratory testing, a...

Excerpt: ...jury trial in their complaint. A CMC was held on September 27, 2022, but Plaintiffs did not post jury fees at this time. An initial Trial Setting Conference ("TSC") was held on March 9, 2023, and a second TSC was held on July 25, 2023. At the July 2023 TSC, Plaintiffs' counsel allegedly first became aware that Plaintiffs had not posted jury fees. The court set a bench trial for February 23, 2024. The present Motion follows. Plaintiffs contend the...

Excerpt: ... provide notice pursuant to CCP 1019.5. Plaintiffs Cindy Balch, Lavonne Perez and Egle Balsiene (collectively, "Plaintiffs") filed the complaint in this achon on April 13, 2023 and the operative first amended complaint ("FAC") on August 17, 2023 against defendant Eisenhower Medical Center ("EMC"). The Complaint sets forth six causes of action: (1) Religious Creed Discrimination — Failure to Accommodate (FEHA); (2) Medical Condition Discriminati...

Excerpt: ...munity, 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 with Overton in September 2019 in which Overton falsely accused him of bullying older females. In October/November 2020, Plaintiff entered into an oral contract for third party Michael Horton ("Horton") to provide landscaping ...

Excerpt: ...ower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of action: (1) violation of FEHA - religious creed discrimination and failure to accommodate, (2) violation of FEHA - medical condition discrimination and failure to accommodate, (3) violation of FEHA- reta...

Excerpt: ...motion to strike. As part of the meet and confer process, Defendant shall identify all of the specific causes of action that believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for his position that the pleading is legally sufficient or, in the alternative, how the Complaint could be amended to cure any legal insufficiency. After meeting and conferring, Defendant sh...

Excerpt: ...45.) A week later, Myers develo#d a low-grade fever and some wheezing and coughing. (946.) Myers went to Eisenhower Health on February 19, 2021. (947.) Myers' physicians administered a COVID-19 "protocol" over the next four days which included use of the drugs Remdesivir, Dexamethasone, and Tocilizumab. (950.) Plaintiff alleges these drugs carried substantial risks and were not necessary or appropriate to treat Covid-19. (11923-39.) Plaintiff all...

Excerpt: ...uled in favor of Plaintiffs and against the defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject properties be quieted in Cardenas as of July 24, 2018...

Excerpt: ...eral Motors, LLC ("GM"). On February 19, 2023, Plaintiff crashed the subject vehicle into a parked car causing the airbags to deploy. Plaintiff alleges that the airbags were negligently designed or manufactured such that Plaintiff suffered horrible fourth degree burns on her legs as well as other injuries. On June 20, 2023, Plaintiff filed her Complaint. She asserts eight causes of action for: (1) Strict Liability—Manufacturing Defect; (2) Stri...

Excerpt: ... 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 by Plaintiffs Ki Burton and Paul Crawford alleging five causes of action against Defendant Eisenhower Medical Center for: 1) failure to accommodate/medical discrimination, 2) failure to accommodate/religious creed discrimination, 3) genetic information discriminat...

Excerpt: ... property that Judgment Debtor and his family rented and occupied from December 2019 — September 2021. The SDT seeks information in Acorn's possession and control including "lease applications, credit checks, background checks, bank references, personal references, lease agreements, and lease modifications or amendments." It also seeks records "concerning or related to payments received from the Judgment Debtor" or made by Acorn "to the Judgmen...

Excerpt: ...ator for the Estate of Edward James Schloss ("Plaintiff or "Judgment Creditor"). (Hellmich Decl. 2.) Defendant Quantum Materials Corp. ("Quantum") isa Nevada corporation with its principal place of business in Texas. (ld. at '14.) Solterra Renewable Technologies, Inc. ("Solterra") is a Delaware corporation with its principal place of business in Texas. (ld. at 6.) Solterra is Quantum's wholly owned subsidiary. (ld.) Defendant Stephen Squires ("Mr...

Excerpt: ...") in this action on April 5, 2019 against defendants Compass Health Care Brands Corporation ("Compass"), Invacare Corporation (erroneously named as Invacare Corporation) ("Invacare") and Eisenhower Medical Center ("EMC") (collectively, "Defendants"). Plaintiffs allege that on April 22, 2017, Bernard and his daughter (Victoria) were visiting a relative at EMC in Rancho Mirage. (Complaint, 12.) Bernard, who had been recovering from surgery, was ut...

Excerpt: ...inst defendants Reverse Mortgage Funding, 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 subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Com...

Excerpt: ...18, Defendant entered into a written lease (the "Lease") for a unit ("Unit" or "Premises") at the property (the "Property") located on Hobsonway in Blythe, CA owned by Blythe Internal Medicine Clinic ("81MC"). (SAC, '1 26-27, Exhibit C.) Plaintiff thereafter acquired the Property from BIMC on August 26, 2021. (SAC, 23.) The Lease provides for an initial term of one year and renews automatically unless changed by the mutual agreement of the partie...

Excerpt: ..., (2) violation of Civil Code S 1793.2(b), (3) violation of Civil Code S 1793.2(a)(3), (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiff contends that he has noticed the PMK deposition multiple times but Defendant refuses to produce a PMK for relevant categories of testimony. Plaintiff c...

Excerpt: ... floor, causing her to get immediate surgery done on her knee. Plaintiff filed the Complaint on February 10, 2022, alleging premises liability and general negligence. Plaintiff contends she sent a letter three days after the incident demanding Defendant to preserve any evidence. Despite admitting in written discovery that there are eight cameras on the property, Defendant failed to produce video depicting the incident claiming that the footage no...

Excerpt: ...laintiff") purchased a 2022 Chevrolet Blazer ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant") authorized repair facility on numerous occasions for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Ni...

Excerpt: ...cal malpractice action. This case arises from two knee replacement surgeries performed by orthopedic surgeon DR. RAJ SINHA ("Defendant") on NANCY LABODA ("Plaintiff"). he operative First Amended Complaint (FAC) alleges claims for: (1) professional negligence/medical malpractice; (2) failure to obtain informed consent; (3) products liability; and (4) intentional concealment. Plaintiff's FAC alleges that Dr. Sinha and Star Orthopedics performed kne...

Excerpt: ...s that on July 17, 2019, he was using the spa at the Hotel when he experienced difficulty 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 agains...

Excerpt: ...rt) and Manuel Saint Martin, MD (a psychiatry expert) for his ongoing complaints related to the injuries. Defendant contends that Plaintiff has put his mental and neurologic conditions at issue and good cause exists for the examinations. Defendants assert that Plaintiff and his counsel have refused to agree to the exams. In Opposition, Plaintiff contends that Defendant did not properly meet and confer regarding the psychiatric examination and any...

Excerpt: ...the property for 10 years when he asked about transferring full title to his name. Defendant did not do so, and instead filed a lawsuit to Page 4 of 5 remove him from the property. Plaintiff also alleges he purchased a truck with Defendant, but she repossessed it despite the loan being paid offfrom the dealership. On March 2, 2023, Plaintiff filed this action. On June 20, 2023, Plaintiff filed his operative First Amended Complaint ("FAC") allegin...

Excerpt: ...Home Depot Inc., 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 to the water heater closet. Plaintiff alleges Defendants were aware of the ...

Excerpt: ...fs filed a document entitled "Plaintiffs' [1] Specification of Additional Principal Controverted Issues, and Proposals Not Included in Statement of Decision, [2] Objections to Tentatve Statement of Decision, and [3] Request for Hearing," requesting, in part, that the Court award prejudgment interest not included in the tentative decision. On June 16, 2023, the Court issued a final statement of decision, which included findings in favor of Plainti...

Excerpt: ...h Castillas) ("Joseph") and Nany Casillas (erroneously named as Nancy Castillas and also named as Nancy Padilla) ("Nancy"). Plaintiff alleges that she was injured on April 10, 2023 when Defendants breached a duty of care when they failed to perform a needle procedure properly and safely. (Complaint, p. 3.) The Complaint sets forth a cause of action for negligence/professional negligence. Joseph and Nancy (hereinafter, "Defendants") now demur by t...

Excerpt: ...innells" or "Petitioners") became charter members of Respondent The Hideaway Club, Inc. ("Club"), a non-profit mutual benefit corporation which is a golf club. The Club Board of Directors consists of the individually named Robert McDonald, Kim Robak, Keith Kinsel, Steve Howe, Gail Hamilton, David Bynres, and Tim Statton ("Individual Michael was the General Manager of the Club for 11 years. The Finnells allege they were members in standing until M...

Excerpt: ...xually harassed her. Plaintiff overheard an accidental call from Palumbo making defamatory comments about Plaintiff. 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 compa...

Excerpt: ...to CCP 1019.5. This is a breach of contract case brought by Plaintiff Sergio Tellez for 1) foreclosure of mechanic's lien, 2) breach of written contract, 3) account stated, and 4) open book account against moving defendants David Snider, Snider Interests, LLC and Morongo Equity Partners l, LLC and other Defendants. Moving defendants filed a Cross-complaint against Tellez and Ræs 1 — 10) alleging two causes of action for 1) breach of contract (...

Excerpt: ...1 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 State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely clai...

Excerpt: ...aintiffs are father and son who have brought this action against a solar equipment and energy provider whose sales representative allegedly misrepresented the terms and conditions of the contract for installation of solar panels on a private property in order to induce the execution of the contract. It is alleged that Plaintiff Philip Gittelman is a 92-year-old homeowner who was told by Defendants' sales rep, Mo Heaps, that the solar panels would...

Excerpt: ...o 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 is asserting, in the form of a survival action, the claims the decedent would have had had...

Excerpt: ...s that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, '1 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Complaint, 7.) Mollie had difficulty making the monthly mortgage payments, and in 2018, she entered into a reverse mortgage with RME (Complaint, 8-9.) Mollie died on September 24, 202...

Excerpt: ... ZAMBORELLI ENTERPRISES is ordered to file its memorandum of points and authorities in support of its opposition (See Cal. Rules of Court, rule 3.1350, subd. (e)(l) [the opposition to a motion for summary judgment or summary adjudication must contain a memorandum of points and authorities]) by 4:00 p.m. on Friday, September 1, 2023. On August 17, 2023, Zamborelli filed documents in support of its opposition, including a separate statement in resp...

Excerpt: ...e documents to anyone outside of the current litigation. Finally, redactions are permitted subject to a privilege log advising moving part of the items redacted. Prevailing party ordered to give notice pursuant to CCP 51019.5. Plaintiff Minor Doe ("Minor Doe") brought this action against Defendants Coachella Valley Unified School District ("CVIJSD"), and Steven Mathew Moraga ("Moraga") alleging sexual assault of a minor, sexual harassment, failur...

Excerpt: ...alch, LaVonne Perez, and Egle Balsiene (collectively "Plaintiffs") were nurses for Eisenhower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) violation of FEHA — religious creed discrimination and failure to accommodate, (2) violation of FEHA ...

Excerpt: .... Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agreed to dissolve. Cosek then obtained a reverse mortgage to take all...

Excerpt: ...ertain to the motion for summary judgment by 4:00 p.m. on Friday August 25, 2023. No exhibits will be accepted after. The instant motion was initially filed on June 08, 2023. On June 13, 2023, the Court granted Zamborelli's Ex Parte Application to shorten time to bring its summary judgment motion and summary adjudication motion less than 30 days prior to trial. At that same hearing, ARB'S counsel consented to waive the 75-day notce requirement fo...

Excerpt: ...n Salcido, deceased, alleges that on 4/5/19 on Indio Blvd. near Sun Gold Street in Indio, Defendants caused a motor vehicle accident when they struck a vehicle in which Kaitlen Salcido (Decedent) was a passenger. Decedent died from her injuries. Plaintiff alleges that Defendants, Alber Lopez and Gladys Ponce were operating the vehicle, with permission from Defendants, Omar Camera, Veronica Camera, and Jose Gutierrez. Plaintiff filed her Complaint...

Excerpt: ... that (1) Plaintiffs Davenports' breach of contract cause of action fails as a matter of law because they cannot establish a breach; and (2) Plaintiffs' declaratory relief cause of action fails as a matter of law because they cannot establish that they are entitled to coverage under the insurance contract, i.e., the insurance policy. Page 5 of 11 Plaintiffs are homeowners who have brought this achon against their insurance carrier after the denia...

Excerpt: ...nts Pars Surgery, Inc. ("Pars") and Hossain Sahlolbei. Plaintiff alleges that on January 1, 2018, Pars (hereinafter, "Defendant") entered into a written lease (the "Lease") with Plaintiff's "predecessor" for a unit ("Unit" or "Premises") at the Property. (FAC, 25- 26, Exhibit A.) The Lease provdes for an initial term of one year and renews automatically unless changed by the mutual agreement of the parties; the rent was set at $1,000 per month, w...

Excerpt: ...gorgement (22:12— 15, 24:9—10, 27:8, 27:11, 27:18); and Attorney's Fees (28:2). Those portions are ordered stricken. Defendant to provde notice pursuant to CCP 1019.5. Defendants concurrently move to strike portions of the Complaint on the grounds that they are irrelevant, false, or improper. Specifically, Defendants ask the Court to strike Plaintiffs' reference to the January 20, 2023 fire, as well as Plaintiffs' requests for disgorgement, t...

Excerpt: ..."Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, L C's ("Defendant") authorized repair facility on numerous for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Nicholas Yowarski ("Yowarski Decl."), '1 4.) Various defec...

Excerpt: ...P 1019.5. Plaintiffs are the owners of the real property located at 74865 Hummingbird Lane, Indian Wells, California 92210 (the "Property"). (Compl. '1 17.) Plaintiffs closed escrow on the Property on or September 30, 2021, and were searching for a professional architectural, design firm, and general contractor to remodel their Property. (ld.) On or about August 16, 2021, Plaintiffs were introduced to Defendants by way of email. (ld. at '1 18.) D...

Excerpt: ...rive, Palm Desert. Bry was the sole managing member while Cosek was a Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title ofthe property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agr...

Excerpt: ...st defendant Tesla Inc. On 5/7/22, Plaintiff purchased a 2022 Tesla Model Y (the "Vehicle"), which was backed by an express warranty, from Defendant. (Complaint, 10-11.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty. (Complaint 10-19.) The Complaint sets forth four causes of action: (1...