Excerpt: ...contends that Respondent informed it that it would renew the lease agreement, if Petitioner spent millions of dollars repairing and improving the property. Petitioner alleges that it agreed to this proposal and a contract was formed. It asserts that despite this agreement, Respondent solicited bids through a request for proposal process and did not select Petitioner despite the agreement and the $1.3 million spent by Petitioner to improve the pro...

Excerpt: ...estified that he was the current property owner of the subject property at 500 East Amado Rd., Palm Springs. In May 2022, he leased it to Michael De Angelo. At Michael De Angelo's request (purported tax advantage) he changed the lease to reflect IICR, LLC as the leaseholder with Michael De Angelo remaining as a guarantor. Exhibit 1 was introduced reflecting the aforementioned change in handwriting. After the lease started, Michael De Angelo reque...

Excerpt: ...Defendant to provide notice pursuant to CCP 1019.5. This is an action brought by Plaintiff Michael Capozza, as Trustee of the Michael A. Capozza Separate Property Trust dated January 25, 2018 ("Plaintiff"), individually and derivatively, on behalf of 395 Palm Canyon, LLC ("395 PC"). On December 22, 2022, Plaintiff, individually and derivatively on behalf of Nominal Defendant 395 Palm Canyon, LLC ("395 PC") filed the operative First Amended Compla...

Excerpt: ...based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas Three LLC by which Cardenas loaned to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conveyed the properties to Zenith for fake private hard money loans. According to Plaintiffs, the result wa...

Excerpt: ...”) which included an agreement to arbitrate. (Won Decl. ¶ 6, Ex. B at 5; Compl. ¶ 5, Ex. 1.). During the warranty period, the subject vehicle developed defects and nonconformities in the transmission. (Compl. ¶¶ 10–11, 15, 33.) Ford has been unable to service or repair the vehicle to conform to the applicable warranties after a reasonable number of attempts. (Id. at ¶¶ 12, 34–38.) On September 6, 2022, Plaintiffs filed a Complaint for...

Excerpt: ...s order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action to recover losses sustained as a result of Defendants' allegedly unlawful sale of unqualified securities. Plaintiffs initially filed their Complaint on November 23, 2021, and as a matter of right, filed their First Amended Complaint (“FAC”) on October 10, 2022, alleging the following eight causes of action: (1) Rescission; (2) fraud (concealment); (3...

Excerpt: ..., 2023, 8:30 a.m. Department PS2. Yvette Lua (“Plaintiff”) was employed by Monterey Country Club, LLC and American Golf Corporation (collectively “Defendants”). She alleges that her supervisor sexually harassed her by making unwanted sexual advances towards Plaintiff, making repeated and offensive sex-based comments towards her, and repeatedly making offensive and objectifying sex- based comments towards women in Plaintiff's presence. Pla...

Excerpt: ...nd City of Ranch Mirage Housing Authority (together, the “City”). Petitioner seeks a writ of mandate requiring the City to conform their actions to a settlement agreement reached in earlier litigation regarding housing discrimination. In addition, the petition/complaint sets forth causes of action for breach of contract and declaratory relief. On November 7, 2022, the court granted Plaintiff's motions to compel the City to provide responses w...

Excerpt: ...nterprises Inc. (“Plaintiff” or “BQ”) filed the complaint in this action on March 17, 2021 and the operative second amended complaint (“SAC”) on January 24, 2022 against defendants Mirage Home Health LLC (“Mirage”) and Jason Mabbayad (“Mabbayad”) (together, “Defendants”). The action arises out of an alleged contract by which Mirage agreed to purchase Plaintiff's interest in BQ, dba Home Health Angels. The SAC sets forth fo...

Excerpt: ... pursuant to CCP §1019.5. This is a Song Beverly suit. Anthony Guyette John Pilutik (“Plaintiff”) purchased a 2019 GMC Sierra 1500, manufactured by General Motors, LLC (“Defendant”). He contends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach...

Excerpt: ...at a $100,000 loan in the form of a promissory note secured by a deed of trust (DoT) to be filed regarding a Rancho Mirage residence. Defendants are alleged not to have filed the required DoT and then improperly refinanced the property wiping out any equity and now seek to sell the property without paying off the promissory note and other costs owed to Plaintiff. On February 25, 2022, Defendant Fred Rudat filed a permissible cross- complaint (now...

Excerpt: ... and 6th cause of action for indemnity are overruled. Defendant to provide notice pursuant to CCP 1019.5. Page 4 of 5 Plaintiff National Community Renaissance of California's Complaint alleges 6 causes of action for 1) negligence, 2) breach of contract, 3) breach of express warranty, 4) breach of implied warranty, 5) implied equitable indemnity, and 6) express indemnification. The operative Complaint is between the general contractor, Plaintiff, ...

Excerpt: ...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/inactions of City and Defendant violated his civil rights as an e...

Excerpt: ...Defendants entered into an oral agreement whereby plaintiff agreed to: 1) be the legal counsel for defendants with regards to defendants' political campaign to become directors of Salton Community Services District in Thermal, California; 2) be defendants' political campaign manager; and 3) be Page 4 of 5 defendants' political strategist for the November 2, 2021 elections. After Defendants won their elections and were sworn in as directors for Sa...

Excerpt: ...ming final (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a tenant versus landlord action in which Plaintiff Kelani Capistrano alleges 9 causes of action in her First Amended Complaint for 1) breach of contract, 2) breach of covenant of good faith and fair dealing, 3) breach of covenant of quiet enjoyment, 4) IIED, 5) NIED, 6) negligence, 7) wrongful eviction, 8) con...

Excerpt: ... operative First Amended Complaint (“FAC”) against GM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) violation of Civ. Code § 1793.2(a)(3); and (4) breach of implied warranty of merchantability. Plaintiff alleges that, on March 19, 2017, she purchased a 2017 Chevrolet Silverado 1500, manufactured and distributed by GM. (FAC ¶ 9.) She alleges that, during the warranty period, the subject vehic...

Excerpt: ...d to give notice pursuant to CCP §1019.5. On March 19, 2021, Plaintiff Constance Lee Sherman slipped and fell at a vacation rental property owned by Defendants Steven D. Gilbert and Peggy Gilbert and managed by Defendant Vacasa LLC. She alleges she was walking on the patio near the pool when she slipped on wet stone causing a dislocated and shattered elbow, fractured forearm and fractured wrist. On October 18, 2021, Plaintiff filed her complaint...

Excerpt: ...rovide notice pursuant to CCP 1019.5. Plaintiff Philip Moreb's Second Amended Complaint (SAC) alleges two causes of action for 1) HBoR violations, and 2) UCL violations. Defendants U.S. Bank N.A. and Fay Servicing, LLC demur to both causes of action in Plaintiff's SAC on the grounds that they fail to state facts sufficient to state a cause of action. Defendants also asserts that judicial estoppel bars all of Plaintiff's claims. This court in ruli...

Excerpt: ...Homes, LLC with the Plaintiffs carrying back the financing and holding first-priority deeds of trust based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas by which Cardenas loaned $3,055,000 to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly conve...

Excerpt: ...id Kohan's Complaint for judicial foreclosure fails to state a claim as this court found in CVPS2103085 that the Deed of Trust (DoT) is unenforceable and granted a motion to sell the property to satisfy a prior judgment against Nejat Kohan, Plaintiff's brother, who held title to the property. On January 25, 2022, the Court in the Sale Motion Case formally entered an Order for Sale of the Dwelling, wherein, among other things, found that: (a) the ...

Excerpt: ...ntiff. 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 companies. The first amended complaint (FAC), which plaintiff filed on 3/24/22, pleads causes of action (COA) for: 1...

Excerpt: ... Advantage Funding Commercial Capital Corp. (Advantage) to lease a 2016 Freightliner truck. On 4/16/18, Ade transferred all rights in the Agreement and truck to Defendant, Towz, Inc. dba Extreme Towing (Towz), but remained liable to Advantage for liabilities under the Agreement. All rights, title and interest in the Agreement and truck were subsequently transferred to Plaintiff. Plaintiff alleges that on 4/1/19, Defendants breached the Agreement ...

Excerpt: ...019.5. Plaintiff Michael Treptow (“Plaintiff”) filed the complaint in this lemon law action on August 3, 2021 against defendant Kia America, Inc. (sued as Kia Motors America, Inc.) (“KMA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended c...

Excerpt: ...ty is further ordered to pay attorney's fees and costs to moving party in the amount of $1,035.00. 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 §1019.5. On March 24, 2022, Plaintiff Jose Araujo Lopez (“Plaintiff”) filed a Complaint alleging cases of action for: (1) Violation of Song‐Beverly Act ‐ Breach of Express Warranty; (2) Violation...

Excerpt: ....010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. Plaintiff Jinbai Li (“Plaintiff”) filed the complaint in this action on July 29, 2021 against defendants Simon Chan (“Simon”) and Shiu Mei Chan (“Shui Mei”). The action arises out of an alleged agreement under which Plaintiff agreed to loan $30,000 to Shiu Mei (and her now deceased husband) in exchange for a 50% interest in r...

Excerpt: ...l actual and potential future claims, complaints, cross‐complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total sum of FIFTY‐ THOUSAND DOLLARS ($50,000.0...

Excerpt: ...fs Richman Bry, Jr. and Kilimanjaro Partners II, LLC's (KPII) Second Amended Complaint (SAC) allege 6 causes of action (COA) for 1) fraud, 2) breach of fiduciary duty, 3) breach of contract, 4) quiet title, 5) conversion, and 6) declaratory relief against multiple defendants. Defendant Longbridge Financial, LLC demurs pursuant to California Code of Civil Procedure §§430.10(c), (e), and (f) on the bases that there is an earlier pleading filed wh...

Excerpt: ...d by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He 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 ...

Excerpt: ...nging the reservation policies and practices of the Hotel. Specifically, the lack of information provided on the Hotel's reservation website that would allow him to determine if the rooms are wheelchair accessible to him. Plaintiff went to the Hotel's website on 9/22/20, but found that there was virtually no accessibility information there, which caused him discomfort. Plaintiff filed his Complaint on 10/8/20 alleging two causes of action: 1) vio...

Excerpt: ...nson and Gerald Johnson's First Amended Complaint (FAC) allege causes of action for 1) dangerous condition of public property, 2) negligence, 3) loss of consortium, 4) interference with rights of disabled person (Civ. §54). Defendant City of Palm Springs demurs to the entire FAC on the grounds that the FAC and each cause of action stated in it, fails to state sufficient facts to constitute a cause of action against the City because Plaintiffs fa...

Excerpt: ...ospitalized for cellulitis complications shortly thereafter, requested leave of absence, and was terminated. A complaint was filed on 5/12/22 alleging causes of action for: (1) Discrimination in Violation of Gov't Code §§12900 et seq.; (2) Retaliation in Violation Gov't Code §§12900 et seq.;(3) Failure to Take Reasonable Steps to Prevent Discrimination in Violation of Cal. Gov't C. §12900, et seq.; (4) Failure to Accommodate in Violation of ...

Excerpt: ...a Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No. MCC1800582 (“underlying case”). On August 30, 2022, Plaintiffs' counsel, Clay R. Sides (“Mr. Sides”) agreed to a settlement...

Excerpt: ...ndra Epps (“Defendant”) – this is different from the partition action between the same parties in CVPS2000850. The operative complaint alleges that on July 6, 2017, Plaintiff proposed marriage to Defendant, at which time he presented her with a family heirloom engagement ring in contemplation of marriage. (Complaint, ¶ 7.) However, by April 2019, the parties had ended their engagement by mutual consent. (Complaint, ¶ 8.) Despite several d...

Excerpt: ...al time to file 3rd Amended Complaint consistent with this order within 10 days of the order becoming final. Plaintiff to provide notice 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 ...

Excerpt: ...Springs, California. She allegedly slipped on a liquid substance that was spilled by an unknown third‐party customer or her child approximately three minutes prior to the incident, sustaining injuries. On April 6, 2021, Plaintiff filed a Complaint against Walmart, alleging negligence and premises liability. She alleges that Walmart had actual or constructive notice of the substance on the floor that caused the incident, or that Walmart failed t...

Excerpt: ...thin 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH”) (collectively, “Defendants”), alleging the following seven causes of action (COA): (1)...

Excerpt: ...d to submit proposed judgment consistent with this order within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action filed by a homeowner against neighboring homeowner (and HOA) disputing that the view from their lot has been materially impeded by the conditions of the neighboring home. Plaintiff Gilbert and the Clevelands own homes within the Canyon View Estates, which are governed by the De...

Excerpt: ...party in the amount of $560.00 within 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Moving party ordered to give notice pursuant to CCP §1019.5. On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH...

Excerpt: ...SAC) filed on 8/6/21 asserting a single cause of action of negligence. Jury trial is set for 2/24/23. Defendant Hilton Domestic (Hilton) moves for summary judgment, or in the alternative, summary adjudication, on the grounds that there is no vicarious liability as did not control the day to day operations of the hotel, and had no duty to Plaintiff. It argues that it is the parent company of the franchising arm. Urban Commons owns the subject hote...

Excerpt: ...that a settlement had been reached in this matter. The Court dismissed the case on 1/24/22, retaining jurisdiction over the parties to enforce the settlement and its terms under C.C.P. § 664.6. On 6/3/22, a stipulated judgment was entered by the Court. Defendants brought a motion to set aside the judgment, which was heard by the court on September 9, 2022 and denied. In the instant motion, Defendants bring a motion to quash subpoena. It is uncle...

Excerpt: ...triking the entirety of plaintiff, SID KOHAN, M.D.'s ("Plaintiff') complaint and dismissing this action. The motion is and will be made on the grounds that the complaint intentionally ignores and completely contradicts multiple Court orders which specifically find that Plaintiffs deed(s) of trust are unenforceable and that Plaintiff is/was not entitled to paid on account of his deed(s) of trust upon the sale of Plaintiffs brother's real property ...

Excerpt: ...ontract with Rosenauer Construction, Inc. (“Defendant”). Under said agreement, Defendant was to perform a residential home renovation project for Plaintiff in exchange for $113,000.00. Defendant allegedly breached the agreement by failing to complete the work, failing to provide agreed upon credits, and for failing to pay for all materials pursuant to the agreement. The complaint asserts the following causes of action: (1) breach of contract,...

Excerpt: ... entered into in “good faith, and that all actual and potential future claims, complaints, cross‐ complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total...

Excerpt: ...one‐fifth interest in property located at 175 Gran Via in Palm Desert (“subject property”) and that he owns his interest with his siblings, defendants Janet Rappaport (“Janet”), Valerie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. ...

Excerpt: ... mobile home that was located in a mobile home park owned and/or operated by Defendant Empire Mobile Home Parks, LLC (“Defendant” or “Park”). On July 1, 2020, Plaintiff and Harvey on behalf of the Estate entered into a Manufactured Home Purchase Agreement and Escrow Instructions (“Agreement”). Plaintiff deposited a down payment into escrow. Defendant Charlie Stees (“Stees”) as manager of the Park represented that Plaintiff was acc...

Excerpt: ...de notice pursuant to CCP 1019.5. Plaintiff Melissa Mattar alleges that on January 29, 2019, she purchased a new 2018 Dodge Journey, manufactured and distributed by defendant FCA US LLC. The subject vehicle allegedly came with material defects and nonconformities to warranty including engine, electrical, transmission, steering and structural system defects. Plaintiff alleges that Defendant's authorized repair facility was unable to repair the def...

Excerpt: ...ial justification for the filing of the Amended Notice of Pendency, and there are no circumstances alleged that would make the imposition of fees and costs unjust. Accordingly, fees and costs are awarded in the requested amount of $960 (3 hours at $300/hour + $60 filing fee) payable to defense counsel within 20 days of this order becoming final. However, Defendant's request that the court also award the balance of fees not awarded on the previous...

Excerpt: ...arbitration based on the Retail Installment Sales Contract (RISC). It argues that the equitable estoppel doctrine and Felisilda apply. It contends Plaintiff's claims are inextricably intertwined with the RISC because a plaintiff must have purchased a new motor vehicle to have a Song Page 3 of 7 Beverly claim. It contends that the RISC has an express warranty as an additional provision. It argues it is a third party beneficiary. It points out that...

Excerpt: ...s America, Inc.) (“KA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended complaint (“FAC”). On February 24, 2016, Plaintiff purchased a new 2016 Kia Soul (the “Vehicle”). (FAC, ¶ 11.) The Vehicle was backed by a written warranty. (FAC...

Excerpt: ...of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision (1), on the ground Defendants did not get a fair trial as a result of the “[i]rregularity in the proceedings of the court, jury or adverse party, or any order o...