Excerpt: ...9.5. Plaintiffs Kim Burton and Paul Crawford allege that Defendant Eisenhower Medical Center suspended and terminated their employment after they refused to take the Covid-19 vaccine (8NT162b2 manufactured by Pfizer, Inc.). They contend that the vaccine is a genetic therapy. Plaintiffs allege Defendant refused to accommodate their medical exemption and religious beliefs for the vaccine. Plaintiffs filed this action on 10/14/22. After Defendant fi...

Excerpt: ...omplaint alleging five causes of action against Defendant for: (1) failure to accommodate religious creed; (2) failure to accommodate medical condition; (3) retaliation; (4) disparate treatment; and (5) wrongful discharge. They contend this case is about the harm suffered by three long-term and dedicated nurses who were denied reasonable accommodation and unlawfully terminated by their hospital employer for declining a Covid vaccine which was unn...

Excerpt: ....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 court ...

Excerpt: ...na 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, "1 11-13.) Plaintiff alleges that he had a verbal altercation with Overton in September 2019 in which Overton falsely accused him of bullying old ladies. In 2020, P...

Excerpt: ...ly, Respond-ng party is further ordered to pay attorney's fees and costs to moving party in the amount of within 30 days of service of notice. (CCP SS 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notce pursuant to CCP S 1019.5. This is a lemon law case. Plaintiffs Gerardo Solorio Coronado and Cassandra Ceja Gonzales ("Plaintiffs"), purchased a defective 2016 GMC Sierra 15[n (the "Subject Vehicle" or "vehicle")...

Excerpt: ...collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff) served Defendant with written discovery demands, including Requests for Production ("R...

Excerpt: ...m LLC (Millridge), a mere shell company. Plaintiff alleges that she owns real property located at 74 Conejo Circle in Palm Desert. Before she purchased the property, it was owned by Millridge, which offered the property for sale on 8/13/20 for $379,000. Plaintiff, as Trustee, made an all cash offer for $358,000, and after several counter offers, Millridge agreed to sell the property to her for $357,000 in cash, conveyed it to Plaintiff's Trust on...

Excerpt: ...suant to CCP 51019.5. This matter arises from a December 2, 2019 motor vehicle collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff") served...

Excerpt: ... defects. Plaintiff asserts that Defendant could not fix these defects. The operative complaint is the first amended complaint. It asserts the following causes of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2(b). Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowle...

Excerpt: ...auses of action for (1) Products Liability and (2) Negligence. Plaintiff alleges that on December 27, 2018, Plaintiff was injured by a GE dishwasher, Model No. PDT8455MJ2ES, Serial No. FL 100319B ("Dishwasher") while using the Dishwasher in the manner intended by defendants. Plaintiff alleges the Dishwasher was manufactured and designed by Haier US Appliance Solutions, Inc. and Haier US Appliances dba GE Appliances, and sold by Costco Wholesale C...

Excerpt: ...12, 2023, Plaintiffs filed a further supplemental declaration and Proposed Order in compliance with the Order. The following issues were addressed: 1. Although counsel for Defendant states that the Class Members generally are high school educated and can read the Notice, the CMO requires a declaration from Defendant based on personal knowledge. Page 5 of 5 Defendant's principal, Dale Carson, now declares that the Class Members are adults who spea...

Excerpt: ...tified defects. Plaintiff delivered the vehicle to Defendant Fiesta Ford ("Fiesta") for repairs and alleges that Fiesta negligently performed the repairs. On December 13, 2022, Plaintiff filed her Complaint which sets forth three (3) causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against FMC); (2) Violation of Song-Beverly Act— Breach of Implied Warranty (against FMC) and (3) Negligent Repair (against Fiesta)...

Excerpt: ... notice pursuant to CCP 1019.5. This matter arises from a motor vehicle collision which occurred on December 2, 2019, in Riverside County and resulted in alleged personal injuries to Plaintiffs. Plaintiffs Delia Aguilera Gazca ("Plaintiff") and Maribel Aguilera ("Aguilera") filed a Complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") for damages on December 1, 2021, alleging causes of action for (1) negligence and (2) motor...

Excerpt: ... 2023, 8:30 a.m„ Department PS2. Defendants Kenagy and Nicodemus to provide notice pursuant to CCP 1019.5. On February 10, 2022, filing Plaintiff Judith Nicodemus ("Plaintiff") filed a complaint against two of her adult children, Defendants Shawn Kenagy ("Kenagy") and Stephen Paul Nicodemus ("Nicodemus"), Page 13 of 16 alleging claims for 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and const...

Excerpt: ...Kia Soul that has a defective gasoline direct injection engine (GDI), i.e. the Nu engine. Plaintiff alleges Defendant concealed the defect, resulting in a tolling of the statute of limitations. From 8/13/18-3/6/21, Plaintiff had the vehicle inspected for various issues, but Defendant never informed Plaintiff of the engine defect. Plaintiff filed this achon on 8/3/21. After the court sustained Defendant's demurrer, Plaintiff filed the First Amende...

Excerpt: ...ted April 4, 2023, Plaintiff substituted defendant All County Environmental & Restoration Company Inc. ("All County") for Doe 1. As reflected in the prtnf of service, the complaint was personally served on All County on May 8, 2023. All County now moves to dismiss the action under CCP S 583.250 on the ground that it was not served on All County within three years after the action was commenced. All County argues that, in the alternative, service ...

Excerpt: ...he Aggrieved Employees are defined as: "All other nonexempt, hourly employees, current and former, who were employed by Defendant within one year prior to June 8, 2021, through final disposition of this action." (Compl. 13.) At all relevant times, Plaintiff and the Aggrieved Employees were employees of Defendants. (ld. at 21.) On October 28, 2022, Plaintiff filed this action against Defendants, alleging a single cause of action for PAGA #nalties....

Excerpt: ... Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). On November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") in Palm Springs. Upon entering, Benjami...

Excerpt: ...aintiffs. Page 12 of 13 On June 2, 2023, this court issued a statement of decision following a bench trial in this case, which was finalized June 16, 2023. The Court ordered that title to all three subject Palm Springs Properties be quieted in favor of Defendant Cardenas as of July 24, 2018 free of all liens asserted by Plaintiffs or other named Cross-Defendants. Furthermore, the Court found that Cross-Defendants Seeley, McLaughlin and Interventi...

Excerpt: ... check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Beverly); and (2) breach of express warranty (Song Beverly). Plaintiffs move to compel the deposition of Defendant's PMQ, who failed to appear for deposition. Defendant has refused to produce a PMQ for ...

Excerpt: ...rt & Final LLC ("Defendants") negligent placed plastic pallets and break racks near flammable contents within Defendants' storage container, directly adjacent to Plaintiffs' business. (Complaint, 91.) The Fire spread quickly to Plaintiffs' electrical service panel causing meltdown and a combustible explosion inside Plaintiffs' AMF Foods, Inc. ("AMF") and Andrew Feghali's business.(ld., 92.) On August 12, 2021, Plaintiffs filed a Complaint for, an...

Excerpt: ...ursuant to CCP 1019.5. Plaintiff Granite Constructon Company ("Granite") filed the complaint ("Complaint") in this action on December 21, 2022 against defendant SilverRock Phase l, LLC Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, '1 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under...

Excerpt: ...errogatories, Set One, No. 6 and 13 within 30 days of service of notice (CCP S 2031.310). Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a vehicular collision personal injury case. Plaintiff Alixs Amairani Ceballos ("Plaintiff") alleges that on June 16, 2022, her vehicle was struck by a vehicle negligently owned and/or 0#rated by Defendant Michael Kerner ("Kerner"). Plaintiff sustained serious injuries as a result of the...

Excerpt: ...in Business Establishment, Unruh Civil Rights Act, Civ. Code S 51; (3) Unlawful Business Practices (Rent Increase), Bus. & Prof. Code S 17200; (4) FEHA Retaliation, Gov. Code S 12955(f); (5) Trespass/unlawful Entry, Civ. Code S 1954; (6) Negligence; and (7) Assault and Battery. Defendants are owners of a residential rental property located in Thousand Palms in the Tri-Palm Estates and Country Club (hereinafter the "Property"). (Compl. 8—10.) Pl...

Excerpt: ...al. Plaintiff to provide notice pursuant to CCP 51019.5. Plaintiffs Ruben Vega and Rosalie Vega 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 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Be...

Excerpt: ...Rights and (2) CFRA Retaliation against Defendant Desert Community College District ("Defendant"). Plaintiff alleges as follows in their opposition (Paragraph citations do not match operative Complaint): Plaintiff Mr. Baker is a higher education administrator with more than 26 years of experience. Declaration of Jeffrey Hilton Baker, June 21, 2023. (Complaint, '1 1.) As an administrator Mr. Baker has consistently performed above expectations and ...

Excerpt: ...efendant D/T Carson Enterprises ("Carson Enterprises") from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. 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 was taken. He claims that he was termin...

Excerpt: ...r becoming final. Matter will be reassigned to complex case department pursuant to PAGA claim in 13th cause of action. Notice will be provided by court regarding next hearing. Defendant to provide notice pursuant to CCP 1019.5. This is a wage and hour class action filed by Plaintiff on April 21, 2023 against defendants Cove Electric, Inc. ("Cove") and Bojkovsky (collectively, "Defendants"). Plaintiff alleges thirteen causes of action for (1) Fail...

Excerpt: ...ation. On September 24, 2021, Defendant Vibe Growth Corp., fka Vibe Bioscience Ltd. filed a cross-complaint against Plaintiff for (1) breach of contract; (2) common count: money had and received; (3) unjust enrichment; and (4) declaratory relief. On May 19, 2023, Defendant Joseph Starr ("Defendant") filed a motion for summary judgment/adjudication, which is presently calendared for hearing on September 7, 2023. Trial is presently set for Septembe...

Excerpt: ...transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidental California I—P. ("Defendant"). Plaintiff alleges that the actions/inactions of City and Defendant violated his civil rights as an elderly, disabled, gay male, victim of stalking and hate violence who was given VAWA protection. On December 28, 2021, the court sustained Defendan...

Excerpt: ...nt of $1,060.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Plaintiff ordered to give notice pursuant to CCP 51019.5. This is a Song Beverly suit. On November 13, 2021, Plaintiff Mario Serna ("Plaintiff") purchased a 2021 Honda Accord ("Subject Vehicle"), which was manufactured and/or distributed by Defendant American Honda Motor Company ("Defendant" or "Honda"). The Subject Vehicle was purchased wit...

Excerpt: ...ce — Recklessness and Gross Negligence and (2) Intentional Infliction of Emotional Distress. The complaint alleges that on March 29, 2022, Plaintiff was playing a round of golf with his father and a couple they met that day, at the JW Marriot Desert Springs Resort & Spa located at 74-855 County Club Drive, Palm Desert, California ("Premises"). Plaintiff's father is in his 70s and has some physical limitations which make him slower on the golf c...

Excerpt: ...uant to CCP 1019.5. This case arises out of an employment dispute between Plaintiff Julian Gonzales ("Plaintiff") and Shottenkirk-california , LLC dba Shottenkirk Desert Lexus (erroneously sued as Shottenkirk California LLC dba Shottenkirk Desert Lexus, Shattenkirk Desert Lexus) ("Defendant"). During Plaintiff's employment with Defendant, he executed a Binding Arbitration Agreement to arbitrate all employment disputes. Specifically, on April 29, ...

Excerpt: ...his order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Gary Sauter ("Sauter") filed the complaint ("Complaint") in this action on May 3, 2021 against defendants Fred Rudat ("Fred") and Marta Rudat ("Marta") Sauter alleges that in October 2018, he entered into a loan agreement with Fred and Marta, in order to prevent a forced sale of their residential property (the "Property") in Rancho Mirage. (Complaint, 5, Exhib...

Excerpt: ...on and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actions taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains the following causes of action: (1) Discrimination based on age, gender...

Excerpt: ...S2300446 and Boss 12 429 Properties Inc. v. Dispense 360, LLC, Case Number: UDPS2300452 shall both be consolidated with this case for all purposes. The cases shall be transferred from Department PS4 to Department PS2. Plaintiff to provde notice pursuant to CCP 1019.5. Page 4 of 6 This is a partnership dispute involving a cannabis business. In 2017, Plaintiff Kevin Sperry ("Sperry") along with Defendants Paul Pavao ("Pavao") and John Kearney ("Kea...

Excerpt: ...ents"). On February 28, 2023, judgment was entered granting Petitioner's requested relief, releasing Petitioner's property from the mechanic's lien and awarding Petitioner $453.70 in costs was filed. On March 30, 2023, Petitioner filed a memorandum of costs seeking $685.18 in costs. Petitioner now seeks an award of attorney fees and costs under Civ. Code S 8488 as the prevailing party and requests $10,055.50 in attorney fees. The moton is support...

Excerpt: ...ssion of the vehicle, and during the warranty period, Plaintiff discovered it contained defects to the engine, battery system, fuel gauge system, electrical system, air conditioning system, and other potential defects. Plaintiff alleges she provided Defendant, General Motors, LLC (GM) and its representatives with sufficient opportunity to repair the vehicle, but they were unable to do so within a reasonable number of attempts. She alleges the def...

Excerpt: ...ee. The appointed referee shall resolve all discovery issues without Court intervention. Judicial reference proceedings are to be conducted within 18-months of this order — December 23, 2023. No extension of completion date without further order by this Court. Trial Setting Conference and OSC of 5/27/23 are vacated. Status hearings will continue in 6-month increments. With the next one scheduled for December 7, 2023, 8:30 a.m. in Department PS2...

Excerpt: ...ating whether he/she is aware of any other class or representative actions involving Defendants and that an inquiry was made as to this issue. 3. Counsel for Defendants did not file a declaration regarding any relationship with the cy pres. 4. Defendants did not provide a declaration concerning the age and educational background of the Class Members. 5. The Notice Packet is not attached to the Proposed Order. 6. Class Counsel's declaration does n...

Excerpt: ...oming final. . Defendant WATCHTOWER to provide notce pursuant to CCP 1019.5. In the operative complaint, Plaintiff AS alleges that she is a victim of childhood sexual assault by Jose Murillo, her stepfather who had an administrative position known as Elder, Overseers and Ministerial Servants with Defendants Watchtower Bible and Tract Soc:iety of New York, Inc. and West Palm Springs Congregation of Jehovah's Witnesses, Inc. Plaintiff reported the ...

Excerpt: ...ss warranty, (2) violation of Song-Beverly Act—breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2. Defendant now moves to compel Plaintiff to arbitrate her claims under the Lease Agreement. Defendant argues that although it is not a signatory to the Lease Agreement, it may invoke the Lease Agreement's arbitration provision under the doctrine of equitable estoppel because the claims against Defendant are inextri...

Excerpt: ...rch 14, 2022, married plaintiffs Mark A. Baird and Bradley T. Baird filed the Complaint against homebuilder defendants PulteGroup, Inc., Pulte Home Company, LLC and Del Webb Communities, lnc„ mortgage lender Pulte Mortgage, LLC and individual sales professional Brett Picano ("Picano") alleging a single cause of action for discrimination under Gov. Code S 12955. Plaintiffs allege they sought to purchase a home from Defendants using a Veteran Adm...

Excerpt: ...s was injured as the result of a slip and fall while she was at the Omni Rancho Las Palmas Resort & Spa. The complaint alleges causes of action for general negligence and premises liability. Plaintiff brings this Mohon to Defendant to produce fts person most knowledgeable (PMK) at deposition and to produce documents. Defendant contends that despite properly noticing the deposition and meeting and conferring with Defendant, Defendant has not produ...

Excerpt: ...others, discrimination, harassment, retaliation, constructive termination and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actons taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains t...

Excerpt: ...ntiff filed his Complaint for Damages against Defendant on February 7, 2023. On February 14, 2023, Plaintiff filed the operative First Amended Complaint ("FAC") against defendants Dale Pawley ("Pawley"), State of California ("State"), County of Riverside ("County"), and City of Palm Springs ("City") (collectively, "Defendants"), alleging two causes of action for (1) Negligence (against Defendants Pawley and Does 1- 25) and (2) Dangerous Condition...

Excerpt: ...ion on December 21, 2022 against defendant SilverRock Phase l, LLC ("SilverRock"). Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under which Granite agreed to perform dry utility infrastructure work on the Real Property for the contract pr...

Excerpt: ...d leave to file 2nd Amended Complaint within 10 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiffs Andrea Valero and Gelly Valero (together, "Plaintiffs") filed the original complaint in this action on January 18, 2023 and the operative first amended complaint ("FAC") on April 3, 2023 against defendants The Mirada Custom Lot Association (the "Association") and Rick Moran ("Moran") (together, "Defenda...

Excerpt: ...is Cobb Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). The operative complaint alleged on November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") ...

Excerpt: ...endant Rick Moran ("Defendant Moran") is the treasurer of The Board and neighbor to Plaintiffs. Plaintiffs claim that Defendant Moran has discriminated against them, specifically Plaintiff Gelly Valero because he was "born in Cuba" and is of "Hispanic descent", harassed both Plaintiffs, engaged in violation of Plaintiffs' civil rights under Civil Code Sectons 52.1 and 51.7, in addition to intentionally and negligently inflicting emotional distres...