Excerpt: ...innells" or "Petitioners") became charter members of Respondent The Hideaway Club, Inc. ("Club"), a non-profit mutual benefit corporation which is a golf club. The Club Board of Directors consists of the individually named Robert McDonald, Kim Robak, Keith Kinsel, Steve Howe, Gail Hamilton, David Bynres, and Tim Statton ("Individual Michael was the General Manager of the Club for 11 years. The Finnells allege they were members in standing until M...

Excerpt: ...to CCP 1019.5. This is a breach of contract case brought by Plaintiff Sergio Tellez for 1) foreclosure of mechanic's lien, 2) breach of written contract, 3) account stated, and 4) open book account against moving defendants David Snider, Snider Interests, LLC and Morongo Equity Partners l, LLC and other Defendants. Moving defendants filed a Cross-complaint against Tellez and Ræs 1 — 10) alleging two causes of action for 1) breach of contract (...

Excerpt: ...1 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 State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely clai...

Excerpt: ...xually harassed her. Plaintiff overheard an accidental call from Palumbo making defamatory comments about Plaintiff. 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 compa...

Excerpt: ...aintiffs are father and son who have brought this action against a solar equipment and energy provider whose sales representative allegedly misrepresented the terms and conditions of the contract for installation of solar panels on a private property in order to induce the execution of the contract. It is alleged that Plaintiff Philip Gittelman is a 92-year-old homeowner who was told by Defendants' sales rep, Mo Heaps, that the solar panels would...

Excerpt: ...o 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 is asserting, in the form of a survival action, the claims the decedent would have had had...

Excerpt: ...s 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, '1 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Complaint, 7.) Mollie had difficulty making the monthly mortgage payments, and in 2018, she entered into a reverse mortgage with RME (Complaint, 8-9.) Mollie died on September 24, 202...

Excerpt: ... ZAMBORELLI ENTERPRISES is ordered to file its memorandum of points and authorities in support of its opposition (See Cal. Rules of Court, rule 3.1350, subd. (e)(l) [the opposition to a motion for summary judgment or summary adjudication must contain a memorandum of points and authorities]) by 4:00 p.m. on Friday, September 1, 2023. On August 17, 2023, Zamborelli filed documents in support of its opposition, including a separate statement in resp...

Excerpt: ...e documents to anyone outside of the current litigation. Finally, redactions are permitted subject to a privilege log advising moving part of the items redacted. Prevailing party ordered to give notice pursuant to CCP 51019.5. Plaintiff Minor Doe ("Minor Doe") brought this action against Defendants Coachella Valley Unified School District ("CVIJSD"), and Steven Mathew Moraga ("Moraga") alleging sexual assault of a minor, sexual harassment, failur...

Excerpt: ...alch, LaVonne Perez, and Egle Balsiene (collectively "Plaintiffs") were nurses for Eisenhower 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 acton: (1) violation of FEHA — religious creed discrimination and failure to accommodate, (2) violation of FEHA ...

Excerpt: .... Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agreed to dissolve. Cosek then obtained a reverse mortgage to take all...

Excerpt: ...ertain to the motion for summary judgment by 4:00 p.m. on Friday August 25, 2023. No exhibits will be accepted after. The instant motion was initially filed on June 08, 2023. On June 13, 2023, the Court granted Zamborelli's Ex Parte Application to shorten time to bring its summary judgment motion and summary adjudication motion less than 30 days prior to trial. At that same hearing, ARB'S counsel consented to waive the 75-day notce requirement fo...

Excerpt: ...nts Pars Surgery, Inc. ("Pars") and Hossain Sahlolbei. Plaintiff alleges that on January 1, 2018, Pars (hereinafter, "Defendant") entered into a written lease (the "Lease") with Plaintiff's "predecessor" for a unit ("Unit" or "Premises") at the Property. (FAC, 25- 26, Exhibit A.) The Lease provdes for an initial term of one year and renews automatically unless changed by the mutual agreement of the parties; the rent was set at $1,000 per month, w...

Excerpt: ...n Salcido, deceased, alleges that on 4/5/19 on Indio Blvd. near Sun Gold Street in Indio, Defendants caused a motor vehicle accident when they struck a vehicle in which Kaitlen Salcido (Decedent) was a passenger. Decedent died from her injuries. Plaintiff alleges that Defendants, Alber Lopez and Gladys Ponce were operating the vehicle, with permission from Defendants, Omar Camera, Veronica Camera, and Jose Gutierrez. Plaintiff filed her Complaint...

Excerpt: ... that (1) Plaintiffs Davenports' breach of contract cause of action fails as a matter of law because they cannot establish a breach; and (2) Plaintiffs' declaratory relief cause of action fails as a matter of law because they cannot establish that they are entitled to coverage under the insurance contract, i.e., the insurance policy. Page 5 of 11 Plaintiffs are homeowners who have brought this achon against their insurance carrier after the denia...

Excerpt: ...gorgement (22:12— 15, 24:9—10, 27:8, 27:11, 27:18); and Attorney's Fees (28:2). Those portions are ordered stricken. Defendant to provde notice pursuant to CCP 1019.5. Defendants concurrently move to strike portions of the Complaint on the grounds that they are irrelevant, false, or improper. Specifically, Defendants ask the Court to strike Plaintiffs' reference to the January 20, 2023 fire, as well as Plaintiffs' requests for disgorgement, t...

Excerpt: ..."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, L C's ("Defendant") authorized repair facility on numerous for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Nicholas Yowarski ("Yowarski Decl."), '1 4.) Various defec...

Excerpt: ...P 1019.5. Plaintiffs are the owners of the real property located at 74865 Hummingbird Lane, Indian Wells, California 92210 (the "Property"). (Compl. '1 17.) Plaintiffs closed escrow on the Property on or September 30, 2021, and were searching for a professional architectural, design firm, and general contractor to remodel their Property. (ld.) On or about August 16, 2021, Plaintiffs were introduced to Defendants by way of email. (ld. at '1 18.) D...

Excerpt: ...rive, Palm Desert. Bry was the sole managing member while Cosek was a Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title ofthe property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agr...

Excerpt: ...st defendant Tesla Inc. On 5/7/22, Plaintiff purchased a 2022 Tesla Model Y (the "Vehicle"), which was backed by an express warranty, from Defendant. (Complaint, 10-11.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty. (Complaint 10-19.) The Complaint sets forth four causes of action: (1...

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