Excerpt: ...r employment with Defendant, Plaintiff made complaints about being harassed and discriminated against as a result of her medical condition. (ld. at 8, 14-18.) Plaintiff alleges that Defendant thereafter forced her to take a medical leave of absence, and suddenly terminated her employment on January 6, 2020. (ld. at '121.) Defendant disputes this, and alleges that Plaintiff was not terminated and remains out on a leave of absence. On April 26, 202...

Excerpt: ...rative Third Amended Complaint (TAC) via causes of action for: (1) Discriminaton based on age, gender, religion, and race; (2) harassment based on age, gender, religion, and race; (3) failure to prevent discrimination and harassment; (4) violations of California Family Rights Act; (5) Whistleblower Retaliation; (6) Retaliation; (7) Retaliation in violation of FEHA and CFRA; (8) Discrimination and harassment based upon disability or perceived disa...

Excerpt: ...cross Complainant D7 Rcffng Services, Inc. ("Cross-complainant" or "07") for the installation of roofing at the Cathedral Palms Senior Apartment ("Cathedral Palms") in Cathedral City, California ("Project"). National was the general contractor for the Project. National alleges that pursuant to the Contract, D7 owed National a duty to indemnify. National alleges that due to D7's negligent work, the damaged during a wind storm. National was require...

Excerpt: ...llege that they own real property in Indio, and have a homeowners insurance policy issued by Defendant National General Insurance Company and Defendant CTC Insurance Marketing, Inc. On 2/16/21, Plaintiffs suffered property damage due to flooding caused by broken hot water pipes. National General refused to communicate with them regarding their claim, and denied their claim for personal belongings, refused to pay for temporary housing, and refused...

Excerpt: ...3) Civil Code (4) breach of the implied warranty of merchantability; and (5) negligent repair. Defendants move to compel arbitration based on the arbitration clause in the RISC. They argue that the FAA applies and there is no valid defense to the clause. They assert that Felisilda applies with the equitable estoppel doctrine. They request a stay. Plaintiff opposes the motion on the grounds that there is no agreement between him and Defendants. Th...

Excerpt: ...es of action within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed her initial Complaint in this action on November 1, 2022 against Defendant George Saelzler, as Trustee of the Kenneth Paul Schlick Jr. Living Trust ("Defendant"). On December 13, 2022, Plaintiff filed her First Amended Complaint ("FAC") against Defendant and Lisa Marie Schlick, alleging (1) ...

Excerpt: ... from date of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Enrique Cortes ("Enrique") leased a 2019 Lexus ES 350 ("vehicle"), distributed by Defendant Toyota Motor Sales, U.S.A., Inc. ("Toyota"). On October 31, 2022, Enrique was driving his vehicle southbound on Date Palm Drive towards Ramon Road when Defendant Rubi Leon was traveling northbound and crashed into him. Enrique alleges the front and side c...

Excerpt: ...mpelling Defendant Jonner Transportation, Inc.. to produce its PMQ a to all categories and to respond to the corresponding RFP. Plaintiff asserts he properly noticed each deposition of Defendant's Person(s) Most Qualified. Defendant's objections are invalid, as they continue to refuse to provide any available dates for the Person(s) Most Qualified. Defendant failed to provide any justification or explanation for their refusal to meet and confer a...

Excerpt: ...ants Pars Surgery, Inc. ("Defendant"), and Hossain Sahlolbei ("Sahlolbei"). Sahlolbei is alleged to be the alter ego of Defendant Pars. (FAC, 11-20.) Plaintiff is the owner of property at 322-326 W. Hobsonway (the "Property"), which is a commercial office building located in alythe, CA. (FAC, '1 24.) On January 1, 2018, Defendant entered into a written lease (the "Lease") with Plaintiff's predecessor for a unit (the "Premises") at the Property. (...

Excerpt: ...factured 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 filed a demurrer, Plaintiffs filed the First Amended Complaint (FAC) as a matter of right on 2/16/23. The FAC asserts: (1) FEHA: medical discrimination (failure to accommodate); (2) FEHA: religious c...

Excerpt: ...at the "Will of Hazel A. Baker" is a testamentary trust ordered under the probate of Hazel's decedent's estate in Los Angeles County. Plaintiff alleges that the Agnew Trust owns real property located at 74-991 Velie Way, Palm Desert, CA (the Property). Plaintiff alleges that the Property was purchased from Donald E. Baker, trustee of the Hazel A. Baker [Testamentary] Trust (Baker Trust). The sale was financed by a loan on the Property, which was ...

Excerpt: ... unrepairable transmission defects. Plaintiff filed the Complaint on October 7, 2022, alleging causes of action under the Song-Beverly Act: 1) breach of express warranty; 2) breach of implied warranty; and 3) violation of Civil Code S 1793.2. Defendant mcwes to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract ("RISC"), which Defendant argues it can enforce under equitable estoppel and third-party beneficiary th...

Excerpt: ...t, motor vehicles, chattel paper, negotiable instruments, securities, deposit accounts, safe deposit boxes, accounts receivable, general intangibles, property subject to pending actions, final money judgments, and personalty in estates of decedents in the amount of $63,000. Plaintiffs assert that they will prevail on their claim that Defendant Robert Mayes allowed Defendant Danny Bailey to use his contractor's license and that Plaintiffs entered ...

Excerpt: ...tiff's union representative and an employee of Defendant, sexually harassing Plaintiff in 2018. Plaintiff complained to Defendant of the harassment, and Defendant failed to discipline Sneed. Plaintiff alleges the harassment continued through 2022 when she ultimately filed a DFEH complaint and received her right to sue letter. On October 28, 2022, Plaintiff filed her operative complaint alleging nine (9) causes of action (COA): 1) Discrimination i...

Excerpt: ...nty, 3) Violation of Song Beverly Act Section 1793.2; and 4) fraud-fraudulent inducement- concealment. Demurrer: Defendant General Motors, LLC demurs to the fourth cause of action for fraud fraudulent inducementconcealment on the grounds that Plaintiff fails to allege a transactional relationship giving rise to a duty to disclose. In addition, Defendant alleges that Plaintiff fails to allege the requisite specificity required to state a fraud cla...

Excerpt: ... CCP 1019.5. Plaintiff G&V Greenhouse Solutions, LLC alleges that it entered into a consulting agreement for the THC Design for Palm Springs Project with Defendant Miles Construction, where it agreed to provide consulting services and related materials. Defendant Miles Construction has refused to pay. Defendant SGLA l, LLC owns the project. Plaintiff filed this action on 11/3/22. After Defendant SGLA filed a demurrer and motion to strike, Plainti...

Excerpt: ...s order supersedes the order of April 26, 2023 as to the timeline for filling of pleadings. Specifically, Plaintiff has leave 10 calendar days from May 2, 2023 to file their 4th amended complaint. Defendant Longbridge and MERS have 20 calendar days to file an answer from May 2, 2023 should Plaintiff not file a 4th amended complaint. Plaintiff to provide notce pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr...

Excerpt: ...ve brought this action against MFI Recovery Center, Inc. ("MFI"), which is an adult residential care facility for addiction treatment and mental health services, and its employee, Elizabeth Mack, for injuries suffered by their son, Anthony Bays, who died while under Defendants' care. Plaintiffs Silvia Deprey and Kraig Bays, the parents of decedent Anthony Bays, bring this action both individually and as successor in interest of the decedent. The ...

Excerpt: ...to allege that the Court in the Judgment Lien Case had no jurisdiction to deem Plaintiff's Deeds of Trust forfeited. As an aggregate, Plaintiff contends the new paragraphs set forth facts and law seeking to void the fincrng that Sid's security interest was waived. Plaintiff contends new facts were discovered. Plaintiff asserts he was first told that the court in Los Angeles had found his Deeds of Trust to be forfeited in late June 2021, approxima...

Excerpt: ...P 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's ("Kilimanjaro") allege that Bry and Defendant Cosek entered into a joint venture agreement, Kilimanjaro, which was formed to take title to real property at 38831 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 Sta...

Excerpt: ...O 3-HOURS MAXIMUM. Document requests are denied since they appear to be previously covered by the court's ruling on the motion to compel RTPs No. 1-10. Plaintiff to provide notice pursuant to CCP 1019.5. This is an employment action. Plaintiff Richard Anton üJftus alleges he was employed by defendants Eisenhower Medical Center ("EMC") and Eisenhower Medical Associates, Inc. ("EMA") as an internal medicine doctor for more than a decade before he ...

Excerpt: ...s is an employment law case. Plaintiff's Complaint alleges 5 causes of action for 1) FEHA employment discrimination, 2) FEHA failure to accommodate, 3) FEHA failure to engage in timely and good faith interactive process, 4) FEHA harassment, 5) FEHA retaliation, and 6) FEHA failure to prevent/remedy discrimination, harassment and/or retaliation. Defendant Palm Springs Unified School District moves the court for summary adjudication as to the follo...

Excerpt: ...olently assaulted him. Defendant pushed Plaintiff to the ground and screamed profanities at him. When Plaintiff got up from the ground, Defendant again pushed him and caused him to stumble. Plaintiff tried to get away; however, Defendant chased him down, slapped his phone out of his hand and then kicked the phone. Defendant then pushed the Plaintiff and caused him to fall on a small set of stairs. Plaintiff hit his head and lost consciousness. Pl...

Excerpt: ...laintiff") filed the complaint in this action on November 17, 2022 and the operative first amended complaint ("FAC") on December 23, 2022 against defendants Project Indigo DevCo, LLC ("PIO"), THC Design, LLC ("THC") and SGLA l, LLC ("SGLA") (collectively, "Defendants"). The operative complaint alleges Plaintiff and PID entered into a Design-Build Agreement (the "Agreement") on July 16, 2021 for a construction project known as THC Design — Indig...

Excerpt: ...is is a personal injury case arising 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/inactons of City and Defendant violated h...

Excerpt: ...on of the property and have removed, damaged, destroyed, sold or otherwise kept numerous and valuable items of Plaintiffs' personal property. Plaintiffs seek recovery of possession of the residence and for damages. Plaintiffs Neil Campbell and Kathleen Campbell move the court, pursuant to CCP S1179a, for trial preference. Plaintiffs assert that this action is governed by CCP 51159 to 1179a as an achon for forcible entry and forcible detainer and ...

Excerpt: ...d 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. Plaintiff filed this action on 11/4/21. The operative pleading is the First Amended Complaint (FAC) filed on 3/24/22, for: (1) hostile work envir...

Excerpt: ...ract action seeking payment for electrical work completed at Palm View Elementary School, within Defendant Coachella Valley Unified School District ("Defendant"). Plaintiff filed this action on June 28, 2022, and the operative First Amended Complaint ("FAC") was filed on February 7, 2023. A trial setting conference is set for September 6, 2023. Defendant now moves for an order granting relief from waiver of jury trial. (C.C.P., S 631(g).) Defenda...

Excerpt: ...r lease agreement ("Lease") with Defendant Andonian Enterprises, Inc. dba Discount Tire Centers ("Defendant"). Plaintiff alleges that he performed all obligations under the terms of the Lease, but on October 21, 2019 Defendant stopped making rent payments. Additionally, Plaintiff alleged that Defendant failed to pay for HOA bills, utility bills, cleaning fees, insurance and property tax as required under the Lease. Plaintiff alleged damages of $8...

Excerpt: ...n elder as defined by the Welfare and Institutions Code when Defendants committed the alleged abuse. During the pendency of this action on January 9, 2023, Judith passed away, and Jeneane now moves to substituted as Judith's successor in interest. The present motion is supported by a declaration in which Jeneane indicates that she is the sole beneficiary of Judith's trust and executor of her will. Defendants oppose and state they agree that C.C.P...

Excerpt: ...nce policy issued by Defendant National General Insurance Company and Defendant CTC Insurance Marketing, Inc. On 2/16/21, Plaintiffs suffered property damage due to flooding caused by broken hot water pipes. National General refused to communicate with them regarding their claim, and denied their claim for personal belongings, refused to pay for temporary housing, and refused to cover the full amount to cover the costs of remediation. Plaintiffs ...

Excerpt: ...er ordered to pay attorney's fees and costs to moving party in the amount of $1450.00 (total for both motions) 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 51019.5. This is a wrongful termination case. Plaintiff Silvestre Andrade-Romero moves the court to compel Defendant Valenz Construction Group, Inc. to provide responses to Request for Product...

Excerpt: ...ess Disorder (PTSD) that she has had since 1986. She alleges she was hired by the Hospital on 2/25/15, which was aware of her disability. Plaintiff alleges that on 3/11/15, Plaintiff's supervisor, Pryor, contacted authorities and reported that she was suicidal due to her PTSD. While Plaintiff was at the side entrance of the Hospital talking about her issues with her supervisor, Donna Seifert, offcers approached her "in an attacking manner", which...

Excerpt: ...95.5, and 5) violation of the Magnuson-Moss Warranty Act. Each of these six causes of action relate to warranty claims. Defendant Nissan North America, Inc. moves the court to compel Plaintiff Tomas Reyes to binding arbitration. Defendant Nissan asserts it may compel arbitration of these claims for three main reasons. First, the Sales Contract contains a valid, written arbitration provision to which Plaintiff assented. Second, equitable estoppel ...

Excerpt: ...se verdict. As the preva-ling parties, Defendants filed a memorandum of costs on February 21, 2023 after judgment was entered on January 19, 2023. Plaintiffs now move to tax the following costs: 1. Item 8b(5) (pp. 3, 10) — Expert fees - $105,824.89: The 5998 offer was a token or nominal 2. offer, unreasonable and not in good faith, and accordingly, the expert fees should be taxed under the statute and applicable law. 3. Item 12c (pp. 3, 11) —...

Excerpt: ...ming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Kathleen Johnson and Gerald Johnson's First Amended Complaint alleges 4 causes of action for 1) dangerous condition of public property, 2) negligence, 3) loss of consortium, 4) interference with rights of disabled person (Civ. Code 554) arising out of a trip and fall by Kathleen Johnson. Defendant Diamond Environmental Services, LP demurs to the fourth cause of action on th...

Excerpt: ...s Defendant to provide notce 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 title and offered Defendant the opportunity to purchase it for subject to the mortgage. Defendant did not have...

Excerpt: ... CCP S 340.1; 2) negligence; and 3) intentional infliction of emotional distress ("IIED"). The operative complaint alleges sexual abuse. Plaintiff Jane Doe (J.S.) alleges that she was sexually abused from 1994 to 1997 by Mark Elliott Raisler ("Raisler") while she was a minor and a student at Palm Springs High School and Palm Springs Unified School District ("Defendants"). (Complaint, '1 41.) Plaintiff alleges that Raisler used his position as a t...

Excerpt: ...nt Quantum Materials Corp. ("Quantum") is a Nevada corporation with its principal place of business in Texas. (ld. at '14.) Defendant Stephen Squires ("Mr. Squire") is a Texas resident and is Quantum and Solterra's CEO and largest shareholder. (ld. at 5.) Defendant Robert Phillips ("Mr. Phillips") is also a Texas resident and is Quantum and Solterra's CFO. (ld.) Solterra Renewable Technologies, Inc. ("Solterra") isa Delaware corporation with fts ...

Excerpt: ...at approximately 10:30 a.m., members of the Riverside County Sheriff's Department Probation and Compliance Team ("P.A.C.T.") located a vehicle associated with a parolee at large in a parking lot behind Brown's BBQ and Soul Food in Palm Springs. (Def.'s Separate Statement of Undisputed Material Facts ["DSSLJF"1 1.) When inquiring about the vehicle, employees of Brown's BBQ and Soul Food suggested that the P.A.C.T. members speak with the residents ...

Excerpt: ...d. Follow-ng the incident, Defendant Beltran was arrested for Driving Under the Influence (DOI). Critically, Defendant Beltran's intoxication occurred while he was under the course and scope of his employment. In his deposition, Defendant Beltran testified that he was aware that he was on the job when he consumed two beers and hard liquor (See Exhibit C, 23:15-17). Within approximately one hour of drinking alcohol, Defendant Beltran made the reck...

Excerpt: .... section 531, subdivision (g) of that statute gives the trial court discretion to grant relief from such waiver: "The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury." "In exercising fts discretion, the trial court may consider delay in rescheduling jury trial, lack of funds, timeliness of the request and prejudice to the litigants." (Gann v. Williams Brothers Realty, I...

Excerpt: ...s Plaintiffs to an award of punitive damages against Defendants in an amount to be determined at trial." Complaint Pg. 5, line 13: "For punitive/exemplary damages;" All other references to punitive or exemplary damages. Defendant to provide notice pursuant to CCP 1019.5. This is a negligence and trespass to chattels case arising from the plumbing in Plaintiffs' residence backing up into their residence causing damage to their sewer system and to ...

Excerpt: ...nty of Riverside, and Defendant, Giovanni Azurin, is an employee there with a history of harassing and assaulting women in the workplace. Plaintiff is a registered nurse with Post-Traumatc Stress Disorder (PTSD) that she has had since 1986. She alleges she was hired by the Hospital on 2/25/15, which was aware of her disability. Plaintiff alleges that on 3/11/16, Plaintiff's supervisor, Pryor, contacted authorities and reported that she was suicid...

Excerpt: ... The operative Fifth Amended Complaint (FAC) alleges the following class action claims: (1) Failure to Provide Rest Periods or Premium Pay in Lieu Thereof; (2) Failure to Provide Complete and Accurate Wage Statements; (3) Failure to Pay Earned Wages When Due; (4) Unfair Business Practices; and (5) PAGA Penalties. Plaintiff Torres also asserts the following individual claims against DT Carson: (6) Harassment; (7) Retaliation; (8) Failure to Preven...

Excerpt: ...tor McClone, was working at the East County Detention Center ("ECDC") construction site in Indio. On February 14, 2017, Plaintiff crossed over a protective guardrail on the third floor of the ECDC, without attaching his fall protection harness to a fall-protection line, and fell through an opening to the floor below. On the ECDC jobsite, defendant Clark was the general contractor, and defendant Conco was a concrete subcontractor. On February 13, ...

Excerpt: ...oward ("Plaintiff"), a journeyman carpenter, employed by sub-sub-contractor McClone, was working at the East County Detention Center ("ECDC") construction site in Indio. On February 14, 2017, Plaintiff crossed over a protective guardrail on the third floor of the ECDC, without attaching his fall protection harness to a fall- protection line, and fell through an opening to the floor below. On the ECDC jobsite, defendant Clark was the general contr...

Excerpt: ...t, Magdalena Post, Angela Weimer and Brad Weimer (collectively, "Defendants"). On February 18, 2021, Plaintiff filed her operative First Amended Complaint ("FAC") against Defendants Brandini Enterprises, Inc.; Justin Post; Magdalena Post; Brad Weimer; Angela Weimer; Brandon Weimer; and Kevin Johnson, alleging (1) accounting, (2) breach of contract, (3) breach of covenant of good faith, (4) breach of fiduciary duty, (5) constructve trust, and (6) ...

Excerpt: ...Storck, allege that Defendant, Spencer Food Services, Inc. (Spencer's), operates Spencer's Restaurant in Palm Springs. They allege that on 11/20/22, Plaintiffs went to Spencer's for breakfast, but were informed that they were not welcome because the owner has instituted a new policy of no children under twelve; Ellis and August are under twelve years old. Plaintiffs allege Spencer's, as owners/operators, have a duty to comply with Civil Code S 51...

Excerpt: ...r and file a joint declaration, within 10 days before the continued hearing, identifying any remaining issues to be resolved by the Court. This case arises out of an automobile accident that oc:curred on February 29, 2020. Defendant Patricia Ferrusca allegedly made an unsafe left turn on a red arrow in front of Plaintiff Felizitas Hernandez's vehicle, which caused injuries to Plaintiff Felizitas and her passenger, Plaintiff Ignacio Hernandez. (Co...