Excerpt: ...dant served her first set of Requests for Admission (“RFAs”). Plaintiff responded with objections only, and on August 15, 2022, Defendant moved to compel further responses. On September 28, 2022, the court granted the motion, as well as a motion to compel further responses to Form Interrogatories (“Form ROGs”), and ordered Plaintiff to provide responses to RFAs without objection by October 10, 2022 and to pay monetary sanctions. Plaintiff...

Excerpt: ...for 1) breach of contract, 2) breach of the implied covenant of good faith, 3) fraud, 4) RICO violation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” On 7/21/22, defendants' demurrer to the FAC was sustained with 20 days leave to amend. Defendants' mo...

Excerpt: ... of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Co‐ Defendant Manuel Ramos (“Ramos”) filed a “Motion to Dismiss or Close Case” on the grounds that all three Defendants “do not reside in Riverside County” and “[a]ll communication among all the parties occurr...

Excerpt: ...ant The Springs. Award to be paid within 10 days of service of notice. Moving party to provide notice pursuant to CCP 1019.5. This case arises out of the purchase of a single‐family residence by Plaintiffs Richard Kite and Becky Kite. Plaintiffs allege 7 causes of action for: 1) breach of contract, 2) negligence, 3) professional negligence, 4) negligent misrepresentation, 5) fraudulent concealment, 6) fraud and deceit, and 7) breach of fiduciar...

Excerpt: ...ess dealings with his four brothers, Steven, Robert, Ruben, and Rudy. The five brothers are all shareholders of the business Padilla & Sons, a California corporation, founded by their father. In addition to their business dealings in Padilla & Sons, the brothers engaged in numerous real property transactions. This action currently concerns five properties referred to in the Complaint by the street on which they are situated: Deborah, Gaviota, two...

Excerpt: ...herefore not barred by judicial estoppel. Plaintiff granted leave to file amended complaint consistent with this ruling within 10 days of service of notice. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Phillip Moreb's First Amended Complaint alleges three causes of action (COA) for 1) promissory estoppel, 2) Violation of HBoR, and 3) UCL violations arising out of the servicing of Plaintiff's mortgage. Defendants U.S. Bank, N.A., ...

Excerpt: ...as employed 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 preventati...

Excerpt: ...ation for legal services – action to recover reasonable value of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the...

Excerpt: ...ges causes of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which...

Excerpt: ...hower Medical Center, for a vaccine and tripped over some exposed cords, fracturing her patella and suffering other injuries. She pleads causes of action for premises liability and negligence. Roberta's husband, S. Morton Zweig, pleads a cause of action for loss of consortium. Defendant noticed plaintiffs' in‐person depositions, and their counsel said they would only appear remotely because they are in their 70s and fear exposure to Covid. The ...

Excerpt: ...ulent inducement—concealment; and (6) negligent repair. Defendant FCA moves to compel arbitration based on the Retail Installment Sales Contract (RISC), which contains an arbitration provision. It relies on Felisilda and equitable estoppel. It also argues that it has standing as a third party beneficiary. It argues the FAA applies. Defendant Geovel, Inc. also moves to compel arbitration based on the same RISC. It asserts that the negligent repa...

Excerpt: ...ence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Hotel served him. As of the time that the Defendant Hotel s...

Excerpt: ...valid security interest in goods, which Defendants purchased from Bank's borrower. After a bench trial conducted from August 1, 2022 to August 15, 2022, on September 9, 2022, judgment was entered in this matter for Defendants, Hayday Farms, Inc., Hayday Farms Holdings, Ltd., Hayday Farms Venture, LLC, Hayday Farms Venture I, LLC and Hayday Farms of California, LLC and against plaintiff, Wells Fargo Bank, National Association. Defendants filed a m...

Excerpt: ...r status. On July 21, she received assistance to pay the outstanding rental debt of $21,032.63, which would cover rental arrearages from January 2021 to December 2021 and future rent from January 2022 to March 2022. In January 2022, Defendants indicated that there was an outstanding balance of $1,384.80 and were issuing a three day notice. Plaintiff had previously tendered $7,168.75 which Defendants cashed but failed to credit. In March 2022, Def...

Excerpt: ...s in Set one. No attorney fees or cost awarded. Responding party to provide further verified documents within 20 days of service of notice. Moving party to provide notice. Plaintiffs, Jeffrey E. Fromberg and Mary E. Fromberg, individually and as Trustees of the Fromberg Family Trust dated June 23, 2009, filed the operative First Amended Complaint (FAC) on 8/17/22 against Defendants, Barbara A. Long (aka Barbara Vanton Long), individually and as T...

Excerpt: ...ses of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Ho...

Excerpt: ...ezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust (“Defendant”). Plaintiff alleges that she is the equitable owner of real property located on Pueblo Rd. in Indian Wells (the “Property”). (Complaint, ¶ 9.) Plaintiff began occupying the Property as a second home in approximately June 2015 and has, since that time, made all of the mortgage payments and paid for all upkeep of the Property. (Id., ¶¶ 10‐11.) Plaintiff allege...

Excerpt: ...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, (2) money had and received, (3) negligence, (4) breach of duty of good faith and fair dealing, (5) unjust enrichment, and (6) fraud and deceit. Defendant brings this motion seeking to compel Plaintiff to arbitration. It asserts that P...

Excerpt: ...a to his parents' Plaintiff Rojas and Maria 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”). Defendants Insurancebeacon.com, Inc. dba Magnolia Aut...

Excerpt: ...come the court's order on December 6, 2022 8:30 a.m. regardless of whether terminating sanctions are imposed. Defendant to provide notice pursuant to CCP 1019.5. This is a personal injury action filed by plaintiff Twinisha Robinson against True Vine Hospitality, LLC (dba Budget Inn) and Dhansukhbhai Bhakta. The complaint, filed July 15, 2020, alleges causes of action for negligence and premises liability. Plaintiff alleges that she was injured wh...

Excerpt: ...efendant Jacob Williams aka Jacob Charles Williams (“Defendant”). Plaintiff alleges that she and Defendant began dating in June 2015 and began cohabitating in July 2016 in a home located in Bermuda Dunes, California. (SAC, ¶¶ 6‐7.) Plaintiff purchased the home in June 2019 using funds provided by her father and has made all mortgage payments. (SAC, ¶¶ 8‐9, 12.) Plaintiff alleges that without consideration from Defendant – or for rea...

Excerpt: ... present and that the matter proceeded as a default hearing. (Minute Order dated January 26, 2022, ROIC California, LLC v. Bakos, UDPS2100440.) At the conclusion 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 ...

Excerpt: ...ce as to 4th cause of action. Defendant to provide notice pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC 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. Defendant Edwin Cosek specially demurs to the entire First Amended Complaint (FAC) on the grounds that Plaintiff ...

Excerpt: ... are also references to Xceptor, LLC and Electronic Servitor Publication Network, Inc. (ESI), all of which Palumbo allegedly controlled/controls. Plaintiff was apparently hired as the director of marketing. The first amended complaint (FAC), which plaintiff filed on 3/24/22, pleads causes of action (COA) for: 1 )Hostile work environment/sexual harassment; 2) Wrongful termination in violation of public policy; 3) Retaliation; 4) Failure to prevent...

Excerpt: ...ly June 2005 until April 2017, with her family, including her minor aged children, Veronica Juarez resided at the Rancho Palms Mobile Home Park (“Rancho Palms”) in the city of Rancho Mirage. Defendant, City of Rancho Mirage, forced Ms. Juarez and her family to vacate her home of 12 years after Defendants destroyed Rancho Palms, all of Rancho Palms' mobile homes, and ejected 126 low‐income families, the vast majority of whom were Hispanic. D...

Excerpt: ...ted and the Fast Track hearing dates in the Master File shall govern. Prevailing party is ordered to prepare formal order consistent with the court's ruling and file it with the court by November 17, 2022. Notice to be given pursuant to CCP 1019.5. This action was filed by plaintiff Steven Bahr (“plaintiff” or “Bahr”) on 6/9/21, alleging that his former wife, defendant Brianne Maurer (“defendant” or “Maurer”), breached an oral agr...

Excerpt: ... 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 by failing to make the monthly payment, and continues to fail to make any further payments. Ba...

Excerpt: ...rie 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. Rappaport. Plaintiff alleges he has been deprived of the use of the subject property and that sale is preferred because physically dividing the subject property cannot occur because there is a...

Excerpt: ... with this order to be produced within 45 days of this order becoming final. Intervenor Riemer to provide notice pursuant to CCP 1019.5. The operative complaint filed on January 3, 2022 alleges Plaintiff Jay Rein (“Rein”) is the son of Sheila Riemer (“Sheila”), who died on October 7, 2021. (Complaint, ¶ 1.) Alvyn Riemer (“Alvyn”) is Rein's stepfather and was married to Sheila from 1986 until she died. (First Amended Complaint in Inte...

Excerpt: ... order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. On September 23, 2021, a Complaint for Damages was filed in this wrongful termination action alleging causes of action for: (1) Disability Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”); (2) Failure to Provide Reasonable Accommodation in Violation of the FEHA; (3) Failure to Engage in the Interactive Process in Violation of the FEHA; (4) Re...

Excerpt: ...el same date. Plaintiff filed his Complaint on 11/24/21 alleging three causes of action: 1) intentional misrepresentation regarding zoning; 2) declaratory relief and restitution regarding the purchase transaction; and, 3) breach of the purchase agreement. On 6/21/22, the Court sustained Seller Defendants' demurrers to each of the three causes of action, without leave to amend. The 7/18/22 Judgment provided that each Seller Defendant is a prevaili...

Excerpt: ... underlying legal action involved property in Imperial County and the legal proceedings were filed in the Superior Court of Imperial County, the obligations were to be performed in Imperial County, making it the proper venue under Cal. Code Civ. Pro. §395. Plaintiff alleges a breach of contract. Plaintiff Jose Luis Fuentes (“Plaintiff”) is a licensed attorney. On June 19, 2019, Defendant Carmen Hammond (“Defendant”) retained Plaintiff by...

Excerpt: ...ide] (“Defendant County”) Deputy James Knudsen (“Defendant Knudsen”), and Deputy S. Garcia (“Deputy Garcia”). On 8/24/22, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action (COA) for: (1) False Arrest/False Imprisonment; (2) Use of Excessive Force; and (3) Bane Act Violations pursuant to California Civil Code, section 52.1. On 9/6/22, Plaintiff dismissed the second and third COA and Defendant Deputy Garcia...

Excerpt: ...hem. However, as will be discussed below, the default is void as a matter of law because the California Secretary of State did not serve Defendants Collect Access and Zee Law Group until April 29, 2021. Defendants did not receive service of process until May 3, 2021. Defaults were entered against Defendants on May 3, 2021. Defendants moved to set aside the entry of default but the Court denied the Motion on July 29, 2021. Default judgment was ent...

Excerpt: ...ntered into a warranty contract regarding the subject vehicle, that included several warranties, including bumper‐to‐bumper, powertrain and emissions warranties. Plaintiffs allege that during the warranty period, the subject vehicle developed defects or nonconformities, including electrical system defects, transmission defects and engine defects. Plaintiff alleges that all 2017 Dodge Page 4 of 7 Durangos are equipped with defective transmissi...

Excerpt: ...ion (COA): (1) disability discrimination (failure to hire); (2) “failure to hire in violation of public policy;” (3) failure to provide reasonable accommodations; (4) disability discrimination (disparate impact); (5) failure to engage in the interactive process; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. On August 9, 2022, Plaintiff filed a First Amended Complaint (“FAC”). Plainti...

Excerpt: ...ce came to their home looking for a family member who does not live there. They allege that several deputies' actions violated training, procedures, and protocol while in the course and scope of their duties; acted in a negligent or intentional manner and were the cause of Plaintiffs' injuries. Plaintiffs filed their form Complaint on 3/4/22 alleging a single cause of action for general negligence against Defendant, County of Riverside. The Compl...

Excerpt: ... moving party in the amount of $561.50 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. Page 5 of 6 Plaintiff, R.P. Insurance Services, Inc. dba Rosalio Plata Ins. Svcs., alleges that its original shareholder was Rosalio Plata (Sr.), now deceased, who transferred all outstanding shares to his son, Rosalio Plata (Jr.) and his daughter, Denis...

Excerpt: ...ntered into the following agreements: 1. Asset Purchase Agreement (“APA”); 2. Non‐ Compete Non‐Solicit (“NCNS”) Agreements entered into on 5/26/20, 4/1/20, and 6/1/20; 3. Independent Consulting Agreement (“ICCA”) executed on 4/1/20. Plaintiffs allege defendants breached the agreements by soliciting former clients and by disparaging plaintiffs. Plaintiffs also allege defendants misrepresented the value of the accounts sold to them;...

Excerpt: ...s reinstated. Moving party to provide notice pursuant to CCP 1019.5. On September 27, 2021, Plaintiffs Robert Preston Beach‐Barrow, in and through his Successor‐InInterest Duane Beach‐Barrow and Duane Beach‐Barrow (“Plaintiffs”) filed a Complaint for Damages against Defendants California Nursing and Rehabilitation Center, dba CNRC, LLC (“CNRC”), Brius Management Co. (“Brius”), John Black, and Shlomo Rechnitz, alleging (1) elde...

Excerpt: ...uant to CCP 1019.5. This is a class action wage and hour case combined with a sexual harassment/wrongful termination claim by the named plaintiff. Plaintiff Fidel Torres (“plaintiff”) was employed 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 g...

Excerpt: ...ver of objection to the Request for Document Production, Set 2. It contends that RFP 2 was not properly served. It further asserts that substantially compliant responses have been served and the failure to serve the written objections was the result of mistake, inadvertence or excusable neglect as counsel relied on staff to calendar discovery responses but was not served with the discovery as requested by the electronic service agreement. In Oppo...

Excerpt: ...ity of Rancho Mirage (the “City”). The original complaint set forth causes of action for (1) dangerous condition of public property and (2) general negligence. On July 28, 2022, the court sustained the City's demurrer to the second cause of action with leave to amend. Plaintiff filed the operative first amended complaint on August 17, 2022. Plaintiff alleges that on December 18, 2020, he was walking on a walkway located at Frank Sinatra Dr. n...

Excerpt: ...Volvo Car USA, LLC (erroneously sued as Volvo Cars of North America, LL) (“Volvo”) and Volvo Cars Palm Springs (erroneously sued as Palm Springs Volvo) (“VCPS”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on April 19, 2022. The FAC set forth seven causes of action (COA): (1) violation of Civ. Code § 1793.2(d) (against Volvo); (2) violation of Civ. Code § 1793.2(b) (against Volvo); (3) violation of Civ....

Excerpt: ... Rivera and Ramiro Rojas claim Mr. Aguilar was negligent in failing to add Plaintiff Rivera to his parents' Plaintiff Rojas and Maria 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....

Excerpt: ... checked out, and on 6/4/18 a doctor confirmed she had bedbug bites. The complaint alleges one prior bedbug lawsuit against the same hotel and one warning on a travel site; it also explicitly alleges that defendant “failed to eradicate a prior bedbug infestation of Plaintiff' s room.” (Complaint, ¶ 24, emphasis added; ¶ 33 [“Defendants, and DOES 1 through 20, rented the room to Plaintiff despite having knowledge, as of May 25, 2018, that ...

Excerpt: ..., and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the parties occurred in Imperial County.” (Defs.' Mot. to Dismiss 1.) On Jul...

Excerpt: ...alleges 16 causes of action (COA) for 1) sexual assault, 2) sexual battery, 3) sex discrimination, 4) quid pro quo sexual harassment, 5) retaliation, 6) whistleblower retaliation, 7) failure to prevent discrimination, harassment and retaliation, 8) wrongful termination, 9) failure to provide meal and rest breaks, 10) waiting time penalties pursuant to Labor Code §§ 201‐203, 11) UCL violations, 12) failure to permit inspection of personnel and...

Excerpt: ...ino which caused her to fall down an escalator. The complaint was filed on 11/24/21 alleging causes of action for general negligence and premises liability. In the instant motion, Defendant moves to quash the service of summons claiming the Court lacks jurisdiction as tribes are sovereign and immune from suit. It contends it has not waived sovereign immunity and that its Tort Liability Code preserves the immunity and sets forth the procedure to m...

Excerpt: ...rd Page 10 of 26 in Las Vegas, Nevada. Plaintiff paid $20,000 to Marilyn Louise Ball dba Las Vegas Walk of Stars and $5,000 to Pablo Antonio Castro Zavala dba Stars Productions Las Vegas. The remaining $3,000 was to be paid after the star dedication ceremony. On January 18, 2020, Plaintiff was informed that her star dedication ceremony would take place on May 18, 2020. Due to the pandemic, this did not occur. She never received a star and eventua...