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