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