Excerpt: ...collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff) served Defendant with written discovery demands, including Requests for Production ("R...

Excerpt: ...m LLC (Millridge), a mere shell company. Plaintiff alleges that she owns real property located at 74 Conejo Circle in Palm Desert. Before she purchased the property, it was owned by Millridge, which offered the property for sale on 8/13/20 for $379,000. Plaintiff, as Trustee, made an all cash offer for $358,000, and after several counter offers, Millridge agreed to sell the property to her for $357,000 in cash, conveyed it to Plaintiff's Trust on...

Excerpt: ...suant to CCP 51019.5. This matter arises from a December 2, 2019 motor vehicle collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff") served...

Excerpt: ... defects. Plaintiff asserts that Defendant could not fix these defects. The operative complaint is the first amended complaint. It asserts the following causes of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2(b). Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowle...

Excerpt: ...auses of action for (1) Products Liability and (2) Negligence. Plaintiff alleges that on December 27, 2018, Plaintiff was injured by a GE dishwasher, Model No. PDT8455MJ2ES, Serial No. FL 100319B ("Dishwasher") while using the Dishwasher in the manner intended by defendants. Plaintiff alleges the Dishwasher was manufactured and designed by Haier US Appliance Solutions, Inc. and Haier US Appliances dba GE Appliances, and sold by Costco Wholesale C...

Excerpt: ...12, 2023, Plaintiffs filed a further supplemental declaration and Proposed Order in compliance with the Order. The following issues were addressed: 1. Although counsel for Defendant states that the Class Members generally are high school educated and can read the Notice, the CMO requires a declaration from Defendant based on personal knowledge. Page 5 of 5 Defendant's principal, Dale Carson, now declares that the Class Members are adults who spea...

Excerpt: ... 2023, 8:30 a.m„ Department PS2. Defendants Kenagy and Nicodemus to provide notice pursuant to CCP 1019.5. On February 10, 2022, filing Plaintiff Judith Nicodemus ("Plaintiff") filed a complaint against two of her adult children, Defendants Shawn Kenagy ("Kenagy") and Stephen Paul Nicodemus ("Nicodemus"), Page 13 of 16 alleging claims for 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and const...

Excerpt: ... notice pursuant to CCP 1019.5. This matter arises from a motor vehicle collision which occurred on December 2, 2019, in Riverside County and resulted in alleged personal injuries to Plaintiffs. Plaintiffs Delia Aguilera Gazca ("Plaintiff") and Maribel Aguilera ("Aguilera") filed a Complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") for damages on December 1, 2021, alleging causes of action for (1) negligence and (2) motor...

Excerpt: ...Kia Soul that has a defective gasoline direct injection engine (GDI), i.e. the Nu engine. Plaintiff alleges Defendant concealed the defect, resulting in a tolling of the statute of limitations. From 8/13/18-3/6/21, Plaintiff had the vehicle inspected for various issues, but Defendant never informed Plaintiff of the engine defect. Plaintiff filed this achon on 8/3/21. After the court sustained Defendant's demurrer, Plaintiff filed the First Amende...

Excerpt: ...tified defects. Plaintiff delivered the vehicle to Defendant Fiesta Ford ("Fiesta") for repairs and alleges that Fiesta negligently performed the repairs. On December 13, 2022, Plaintiff filed her Complaint which sets forth three (3) causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against FMC); (2) Violation of Song-Beverly Act— Breach of Implied Warranty (against FMC) and (3) Negligent Repair (against Fiesta)...

Excerpt: ...ted April 4, 2023, Plaintiff substituted defendant All County Environmental & Restoration Company Inc. ("All County") for Doe 1. As reflected in the prtnf of service, the complaint was personally served on All County on May 8, 2023. All County now moves to dismiss the action under CCP S 583.250 on the ground that it was not served on All County within three years after the action was commenced. All County argues that, in the alternative, service ...

Excerpt: ...he Aggrieved Employees are defined as: "All other nonexempt, hourly employees, current and former, who were employed by Defendant within one year prior to June 8, 2021, through final disposition of this action." (Compl. 13.) At all relevant times, Plaintiff and the Aggrieved Employees were employees of Defendants. (ld. at 21.) On October 28, 2022, Plaintiff filed this action against Defendants, alleging a single cause of action for PAGA #nalties....

Excerpt: ... Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). On November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") in Palm Springs. Upon entering, Benjami...

Excerpt: ...aintiffs. Page 12 of 13 On June 2, 2023, this court issued a statement of decision following a bench trial in this case, which was finalized June 16, 2023. The Court ordered that title to all three subject Palm Springs Properties be quieted in favor of Defendant Cardenas as of July 24, 2018 free of all liens asserted by Plaintiffs or other named Cross-Defendants. Furthermore, the Court found that Cross-Defendants Seeley, McLaughlin and Interventi...

Excerpt: ... check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Beverly); and (2) breach of express warranty (Song Beverly). Plaintiffs move to compel the deposition of Defendant's PMQ, who failed to appear for deposition. Defendant has refused to produce a PMQ for ...

Excerpt: ...rt & Final LLC ("Defendants") negligent placed plastic pallets and break racks near flammable contents within Defendants' storage container, directly adjacent to Plaintiffs' business. (Complaint, 91.) The Fire spread quickly to Plaintiffs' electrical service panel causing meltdown and a combustible explosion inside Plaintiffs' AMF Foods, Inc. ("AMF") and Andrew Feghali's business.(ld., 92.) On August 12, 2021, Plaintiffs filed a Complaint for, an...

Excerpt: ...ursuant to CCP 1019.5. Plaintiff Granite Constructon Company ("Granite") filed the complaint ("Complaint") in this action on December 21, 2022 against defendant SilverRock Phase l, LLC Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, '1 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under...

Excerpt: ...errogatories, Set One, No. 6 and 13 within 30 days of service of notice (CCP S 2031.310). Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a vehicular collision personal injury case. Plaintiff Alixs Amairani Ceballos ("Plaintiff") alleges that on June 16, 2022, her vehicle was struck by a vehicle negligently owned and/or 0#rated by Defendant Michael Kerner ("Kerner"). Plaintiff sustained serious injuries as a result of the...

Excerpt: ...in Business Establishment, Unruh Civil Rights Act, Civ. Code S 51; (3) Unlawful Business Practices (Rent Increase), Bus. & Prof. Code S 17200; (4) FEHA Retaliation, Gov. Code S 12955(f); (5) Trespass/unlawful Entry, Civ. Code S 1954; (6) Negligence; and (7) Assault and Battery. Defendants are owners of a residential rental property located in Thousand Palms in the Tri-Palm Estates and Country Club (hereinafter the "Property"). (Compl. 8—10.) Pl...

Excerpt: ...al. Plaintiff to provide notice pursuant to CCP 51019.5. Plaintiffs Ruben Vega and Rosalie Vega allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Be...

Excerpt: ...efendant D/T Carson Enterprises ("Carson Enterprises") from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. 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 was taken. He claims that he was termin...

Excerpt: ...r becoming final. Matter will be reassigned to complex case department pursuant to PAGA claim in 13th cause of action. Notice will be provided by court regarding next hearing. Defendant to provide notice pursuant to CCP 1019.5. This is a wage and hour class action filed by Plaintiff on April 21, 2023 against defendants Cove Electric, Inc. ("Cove") and Bojkovsky (collectively, "Defendants"). Plaintiff alleges thirteen causes of action for (1) Fail...

Excerpt: ...Rights and (2) CFRA Retaliation against Defendant Desert Community College District ("Defendant"). Plaintiff alleges as follows in their opposition (Paragraph citations do not match operative Complaint): Plaintiff Mr. Baker is a higher education administrator with more than 26 years of experience. Declaration of Jeffrey Hilton Baker, June 21, 2023. (Complaint, '1 1.) As an administrator Mr. Baker has consistently performed above expectations and ...

Excerpt: ...ation. On September 24, 2021, Defendant Vibe Growth Corp., fka Vibe Bioscience Ltd. filed a cross-complaint against Plaintiff for (1) breach of contract; (2) common count: money had and received; (3) unjust enrichment; and (4) declaratory relief. On May 19, 2023, Defendant Joseph Starr ("Defendant") filed a motion for summary judgment/adjudication, which is presently calendared for hearing on September 7, 2023. Trial is presently set for Septembe...

Excerpt: ...transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidental California I—P. ("Defendant"). Plaintiff alleges that the actions/inactions of City and Defendant violated his civil rights as an elderly, disabled, gay male, victim of stalking and hate violence who was given VAWA protection. On December 28, 2021, the court sustained Defendan...