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HomeMy WebLinkAbout2024-05-06 Desert Emerald, LLC - 919Gloria Sanchez From: Tim Varon <TVaron@carlwarren.com> Sent: Tuesday, May 7, 2024 4:40 PM To: Gloria Sanchez Cc: Todd Hileman; Isra Shah; Chris Escobedo; Anthony Mejia; Andrea Staehle; Claudia Bray Subject: CJP-3049828 - City of Palm Desert - 919 - Desert Emerald, LLC Attachments: Claim Against the City of Palm Desert For Damage(s.pdf; FAC.pdf; Cross-Complaint.pdf; 20240508 Desert Emerald, LLC Palm Desert REJECTION NOTICE CJP-3049828.pdf Hi Gloria, Please find attached a copy of our Rejection Notice for your records. Please note that Ms. Claudia Bray is assigned to the handling of this claim on the City's behalf. Also, the file is currently under review for referral to Defense Counsel to protect the interests of the City in this cross -complaint lawsuit. Once we verify what Defense Attorney will be assigned to this case we will let you know accordingly. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 1 Fax: (866) 254-4423 .4= CARL WARREN & COMPANY A VENBROOK COMPANY Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. i From: Tim Varon <TVaron@carlwarren.com> Sent: Tuesday, May 7, 2024 10:38 AM To: Megan Williams <mwilliams@carlwarren.com> Cc: Claudia Bray <cbray@carlwarren.com>; Chris Kustra <ckustra@carlwarren.com> Subject: FW: CJP-3051498 - City of Palm Desert - 919 - Desert Emerald, LLC Desert Emerald, LLC Hi Megan, This is basically the same event (flooding due to hurricane Hilary). Please add this claim onto file CJP-3049828 and void out CJP-3051498. Thank you! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 I Fax: (866) 254-4423 LL= ® CARL WARREN & COMPANY A VENBROOK COMPANY Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: gsanchez@palmdesert.gov <gsanchez@palmdesert.gov> Sent: Monday, May 6, 2024 4:45 PM To: thileman@palmdesert.gov; isra.Shah@bbklaw.com; cjpia Claims <cjpia@carlwarren.com> Cc: cescobedo@palmdesert.gov; amejia@palmdesert.gov; astaehle@palmdesert.gov; Tim Varon <TVaron@carlwarren.com> Subject: CJP-3051498 - City of Palm Desert - 919 - Desert Emerald, LLC Desert Emerald, LLC Attached for your review and appropriate action is Claim No. 919 submitted by Desert Emerald, LLC Desert Emerald, LLC. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office 2 CARL WARREN & COMPANY Claims Management and Solutions A e)VENBROOucCompany May 8, 2024 Higgs Fletcher & Mack, LLP Attn: Jacob T. Spaid 401 W. A St., Ste. 2600 San Diego, CA 92101-7910 REJECTION NOTICE RE: Entity City of Palm Desert Claimant Desert Emerald, LLC D/Incident 8/21/23 Our File CJP-3049828 CBV We are the administrators for the self -insured liability claims program for the City of Palm Desert. The above referenced claim which you filed with the above captioned entity on May 6, 2024 has been referred to us for investigation and handling. Notice is hereby given that the claim presented to the captioned entity on May 6, 2024 was denied on May 8, 2024. No further action will be taken on this claim by the City of Palm Desert. Any and all further communications relative to your claim should be directed to the undersigned at the address or telephone number shown below. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action on this claim. (See government Code Section 945.6) The six month time for filing such a court action is neither enlarged nor extended by the provisions of CCP Section 335.1. This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing. You may seek the advice of an attorney or your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, PO Box 2411, Tustin, CA 92781 T:657-622-4200 F:866-254-4423 www.carlwarren.com CA License #2607296 4- ' CARL WARREN & COMPANY Claims Management and Solutions A 1Q VENBROOK" Company CARL WARREN & CO. T crti 4J M. Varo-w Timothy M. Varon Claims Supervisor Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 I F: 866-254-4423 I www.carlwarren.com CA License #2607296 Gloria Sanchez From: gsanchez@palmdesert.gov Sent: Monday, May 6, 2024 4:45 PM To: Todd Hileman; Isra Shah; cjpia@carlwarren.com Cc: Chris Escobedo; Anthony Mejia; Andrea Staehle; tvaron@carlwarren.com Subject: Claim Against the City of Palm Desert - 919 - Desert Emerald, LLC Desert Emerald, LLC Attachments: Claim Against the City of Palm Desert For Damage(s.pdf; FAC.pdf; Cross-Complaint.pdf Attached for your review and appropriate action is Claim No. 919 submitted by Desert Emerald, LLC Desert Emerald, LLC. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office i Claim Against the City of Palm Desert For Damage(s) to Person(s) or Personal Property PALM DESERT CALIFORNIA Instructions: Please fill out this form completely. Failure to provide sufficient information may result in delays in claim processing. If you need an accommodation to complete or submit this form, please contact the City Clerk's Office Claims Coordinator at cityclerk@palmdesert.gov or (760) 346-0611. Important Information: 1. Claims for death, injury to person or to personal property must be fi led no later than six(6) months after the occurrence. 2. Claims for damages to real property must be fi led no later than one (1) year after theoccurrence. See California Government Code §911.2. 3. Be sure claim is against the City of Palm Desert, not another public entity. 4. Claimant is advised to consult a private attorney if legal advice is desired. No employeeof the City may give legal advice to any claimant relating to private claims. Instrucciones: Complete este formulario en su totalidad. Si no brinda informacionsufi ciente, pueden producirse demoras en el procesamiento del reclamo. Si necesita algunaacomodacion para completar o enviar este formulario, comuniquese con el Coordinador deADA a la direction de correo electronico cityclerk@palmdesert.gov o al telefono (760) 346-0611. Information importante: 1. Los reclamos por muerte, lesiones personales o danos a la propiedad debenpresentarse a mas tardar seis (6) meses despues de haberse producido el hecho. 2. Los reclamos por danos a bienes inmuebles deben presentarse a mas tardar un (1) anodespues de haberse producido el hecho. (Consulte §911.2 del Codigo de Gobierno). 3. Asegurese de dirigir su reclamo a la ciudad de Palm Springs, no a otro organismopublico. 4. Se aconseja a los reclamantes consultar con un abogado privado si asi to desean.Ningun empleado de la ciudad puede. Claimant First Name Desert Emerald, LLC Home Address / Domicilio Street Address 76000 Frank Sinatra Drive Address Line 2 Claimant Last Name Desert Emerald, LLC City State/Province/Region Palm Desert California Postal/Zip Code Country 92211 United States of America Preferred Phone Number / Numero de telefono preferido Email / Correo electronico 619-595-4215 spaidj@higgslaw.com Are you currently represented by an attorney? / zEsta actualmenterepresentado por un abogado? OiYes 0No If represented by an attorney, provide name / Si cuenta con la representacion de un abogado, indique su nombre Jacob Spaid Attorney Email / Correo electronico del abogado spaidj@higgslaw.com Attorney Address / direccion postal del abogado Street Address 401 West A Street, Suite 2600 Address Line 2 Attorney Phone / Numero de telefono del abogado 619-236-1551 City State/Province/Region San Diego California Postal/Zip Code Country 92101 United States of America Date and time of damage/injury/loss - Fecha y hora deldano/lesion/perdida 08/21/2023 12:00:00 PM Did any other person experience an injury/damage/loss? - Alguna otrapersona experimento una lesion/dano/perdida? ®Yes CI Name Phone Number Numerous Spanish Walk Community residents E-Mail Street Address Address Line 2 City Postal/Zip Code Are there any witnesses? - zHay algun testigo? @Yes ONo State/Province/Region Country Witness Name Witness Phone Number Numerous Spanish Walk Community residents 123-123-1234 Witness E-mail Address Location of damage/injury/loss (if known, include specific address) - Lugar donde se produjo el dano, la lesion o la perdida (si conoce el domicilio especifico, indiquelo) Claimant's property located at 76000 Frank Sinatra Drive, Palm Desert, CA 92211 was damages as the result of flooding caused by the City's failure to adequately maintain drainage infrastructure. The City has admitted this flooding was caused by "an overflow of a major drainage channel" that the City is responsible for maintaining. Moreover, numerous owners in the abutting Spanish Walk Community sustained property damage and have filed a lawsuit against Claimant for that damage when, in actuality, the City is responsible for all harm caused. Provide a general description of the damage/injury/loss as the time of this claim - Describa el dano, la lesion o la perdida al momento de este reclamo Claimant's property located at 76000 Frank Sinatra Drive, Palm Desert, CA 92211 was damages as the result of flooding caused by the City's failure to adequately maintain drainage infrastructure. The City has admitted this flooding was caused by "an overflow of a major drainage channel" that the City is responsible for maintaining. Moreover, numerous owners in the abutting Spanish Walk Community sustained property damage and have filed a lawsuit against Claimant for that damage when, in actuality, the City is responsible for all harm caused. This included water damage resulting in the destruction of real property. Specify how the damage/injury/loss occurred - Especifique como se produjo el dano, la lesion o la perdida Claimant's property located at 76000 Frank Sinatra Drive, Palm Desert, CA 92211 was damages as the result of flooding caused by the City's failure to adequately maintain drainage infrastructure. The City has admitted this flooding was caused by "an overflow of a major drainage channel" that the City is responsible for maintaining. Moreover, numerous owners in the abutting Spanish Walk Community sustained property damage and have filed a lawsuit against Claimant for that damage when, in actuality, the City is responsible for all harm caused. In addition to seeking recovery from the City for damages to Claimant's property, the owners within the Spanish Walk community have filed a lawsuit against Claimant, for which Claimant seeks indemnity form the City. Were paramedics/ambulance called? / llama a los paramedicos/ambulancia? a Yes @No Did you seek medical treatment? / .Buscaste tratamiento medico? D Yes O No What particular action/omission by the City, or its employee(s) caused the damage/injury/loss? - zQue accion u omision espec fica de la ciudad o sus empleados ocasionaron el dano, la lesion o la perdida? The City failed failed to adequately maintain drainage infrastructure. The City has admitted this flooding was caused by "an overflow of a major drainage channel" that the City is responsible for maintaining. This failure includes negligent city planning and negligent maintenance of city property and facilities. Provide the name of the City employee involved in the damage/injury/loss, if known - Si to conoce, indique el nombre de los empleados de la ciudad involucrados en el dano, la lesion o la perdida Was a police report filed? / LSe presento un informe policial? a Yes 0No Any additional information that might be helpful in considering claim / Cualquier informacion adicional que pueda ser util al considerar el reclamo: Case No. CVRI2400152, pending in the Superior Court for the County of Riverside (complaints attached). DAMAGES CLAIMED - If the amount claimed exceeds $10,000, it is not required that a dollar amount be provided. However, your claim must indicate whether it would be a Limited Civil Case. A Limited Civil Case is one where the recovery sought, exclusive of attorney fees, interest, and court costs, does not exceed $25,000. An Unlimited Civil Case is one in which the recovery sought is more than $25,000. / Si el monto reclamado supera los $10.000, no es necesario indicar el importe en dolares. Sin embargo, el reclamo debe indicar si se trataria de una Accion civil limitada. Una accion civil limitada es una accion en la que el resarcimiento pretendido no supera los $25.000, sin incluir honorarios de abogados, intereses y costas del tribunal. En una accion civil sin limite, el resarcimiento pretendido supera los $25.000. o Limited Civil Case (damages between $10,000 to $25,000) - Accion civil limitada (los darios ascienden a $10.000 - $25.000) o Unlimited Civil Case (damages exceed $25,000) - Accion civil sin limite (los danos superan los $25.000) a Claimed totals less than $10,000 / Total reclamado menos de $10,000 Basis for Computation of amount claimed (include estimate/bills as an attachment, if possible) - Base para el calculo del monto reclamado (incluya estimaciones/facturas como anexo, si es posible) Document Uploads FAC.pdf Cross-Complaint.pdf 1.57MB 754.1 KB Picture Uploads WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM. (CALIFORNIA PENAL CODE 72 AND CALIFORNIA INSURANCE CODE) I hereby certify under penalty of perjury that the facts hereinabove set forth are true and correct to the best of my knowledge. / ADVERTENCIA: ES UN DELITO PENAL PRESENTAR UNA RECLAMACION FALSA. (CODIGO PENAL DE CALIFORNIA 72 Y CODIGO DE SEGUROS DE CALIFORNIA) Por la presente certifico bajo pena de perjurio que los hechos establecidos anteriormente son verdaderos y correctos a mi leal saber y entender. Signature Assigned Claim Number 919 Signature (%W clot» g,Sailehez Additional Information (If Necessary) Signee Date 05/06/2024 Date 05/06/2024 Action History (UTC-08:00) Submit Submit by Anonymous User 2024-05-06 02:47:56 PM (Start) by Gloria Sanchez 2024-05-06 04:45:14 PM (User Task) • The task was assigned to Monique Lomeli, Gloria Sanchez. The due date is: May 8, 2024 5:00 PM. The priority is: Urgent 5/6/2024 2:48:01 PM • Gloria Sanchez assigned the task to Gloria Sanchez 5/6/2024 4:31:05 PM Electronically FILED by Superior Court of California, County of Riverside on 02/21/2024 10:18 AM Case Number CVRI2400152 0000084593554 - Jason B. Galkin, Executive OfficerlClerk ofthe Court By Carmen Mundo, Clerk FIRST AMENDED SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): WESTERN NATIONAL BUILDERS, INC., a California corporation; see attachment YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): LYDIA IRENE DURAN; SEE ATTACHMENT SUM-100 FOR COURT USE ONLY (SOLO PARA US0 DE LA CORTE) NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self -Help Center (www.courtinfo.ca.gov/selfhetp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.tawhelpcalifornia.org), the California Courts Online Self -Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The courts lien must be paid before the court will dismiss the case. ,AVISO! Lo han demandado. Si no responde dentro de 30 dies, la corte puede decidir en su contra sin escuchar su version. Lea la informacibn a continuacidn. Tiene 30 DIAS DE CALENDARIO despuds de que le entreguen este citacidn y papeles legates para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carts o una llamada telefdnica no to protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda user para su respuesta. Puede encontrar estos formularios de la corte y mas informacidn en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de /eyes de su condado o en la corte que le quede mbs cerca. Si no puede pagar la cuota de presentacidn, pida al secretario de la corte que le de un formulario de exencidn de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrr guitar su sueldo, dinero y bienes sin mbs advertencia. Hay afros requisitos legates. Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisidn a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un programa de servicios legates sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifomia.org), en el Centro de Ayuda de las Cortes de Califomia, (www.sucorte.ca.gov) o ponibndose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacidn de $10,000 d mas de valor recibida mediante un acuerdo o una concesidn de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. CASE NUMBER: (NGmero del Caso): CVRI2400152 The name and address of the court is: (El nombre y direccidn de la corte es): Riverside Superior Court 4050 Main Street, Riverside, CA The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direccidn y el numeeo de telCfono del abogado del demandante, o del demandante que no tiene abogado, es): William H. Naumann, Esq., Tel: (858) 792-7474, The Naumann Law Firm, PC, 10200 Willow Creek, Suite 150, San Diego, CA 92131 , Deputy (Adjunto) DATE: Clerk, by (Fecha) (Secretario) (For proof of service of this summons, use Proof of Service of Summons (for POS-010).) (Para prueba de entrega de esta citation use el formulario Pr. y of Servic ofCimmons, (POS-010)). NOTICE TO THE PERSO Yrn2 1. I 1 as an individual defendant. 2. 1 as the person sued under the fictitious name of (specify): 3. ( 1 on behalf of (specify): 4. under: CCP 416.10 (corporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) other (specify): by personal delivery on (date): CCP 416.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person) Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of Calilomia SUM-100 [Rev. July 1, 2009] SUMMONS Code of Civil Procedure §§ 412.20, 465 www.courfs.ca.gov SUM-200(A) SHORT TITLE: _ Duran, et al. v. Western National Builders, Inc., et al. CASE NUMBER: CVRI2400152 INSTRUCTIONS FOR USE ♦ This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. + If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party.): n Plaintiff U Defendant n Cross -Complainant Cross -Defendant MARYAM AFSARZADEH and PATTY AFSARZADEH as individuals; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ as individuals; JACOB BROYLES, an individual; DAVID DICKSON and JANET DICKSON as individuals; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO as individuals; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS, an individual; LINDA LESTER, an individual; KYOUNGHEE MARKUS, an individual; ALEXIS MULLINIX, an individual; CAROLINE SCOTT, an individual; MARK ORR, an individual; LALAINE B. POLO, an individual; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON and JEFFREY C. THOMPSON as individuals; MATTHEW TODD and MALLORY TODD as individuals; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and Trustees of the Keith J. an Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual. Page 1 of 2 Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California SUM-200(A) [Rev. January 1, 2007) ADDITIONAL PARTIES ATTACHMENT Attachment to Summons American LegalNet, Inc. www.ForrnsWorkflow.com SUM-200(A) SHORT TITLE: Duran, et al. v. Western National Builders, Inc., et al. CASE NUMBER: CVRI2400152 INSTRUCTIONS FOR USE This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. + If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party.) r---1 Plaintiff Defendant 1-1 Cross -Complainant Cross -Defendant DESERT EMERALD, LLC.; a California limited liability company; DOE 1 - WESTERN NATIONAL INVESTMENTS, a California corporation; DOE 2 - WNG PALM DESERT, LP, a California limited partnership; DOE 3 - GERALD FORD APARTMENTS, LP, a California limited partnership; and DOES 4 through 100, inclusive, Page of 2 Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of Califomia SUM-200(A) [Rey. January 1, 2007] ADDITIONAL PARTIES ATTACHMENT Attachment to Summons American LegalNet, Inc. www.FormsWorkflow.com Electronically FILED by Superior Court of California, County of Riverside on 02/21/2024 10:18 AM Case Number CVR12400152 0000004593553 - Jason B. 0alkin, Executive Officer/Clerk ofthe Court By Carmen Mundo, Clerk William H. Naumann, Esq., SBN 95771 Philip M. Kunka, Esq., SBN 312146 Frank Mascia, Esq., SBN 351793 THE NAUMANN LAW FIRM, PC 10200 Willow Creek Road, Suite 150 San Diego, CA 92131 Phone: (858) 792-7474 Facsimile: (858) 564-9380 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE LYDIA IRENE DURAN, an individual; MARYAM AFSARZADEH and PATTY AFSARZADEH as individuals; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ as individuals; JACOB BROYLES, an individual; DAVID DICKSON and JANET DICKSON as individuals; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO as individuals; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS, an individual; LINDA LESTER, an individual; KYOUNGHEE MARKUS, an individual; ALEXIS MULLINIX, an individual; CAROLINE SCOTT, an individual; MARK ORR, an individual; LALAINE B. POLO, an individual; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON and JEFFREY C. THOMPSON as individuals; MATTHEW TODD and MALLORY TODD as individuals; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and Trustees of the Keith J. an Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual. Plaintiffs vs. WESTERN NATIONAL BUILDERS, INC., a California corporation; DESERT EMERALD, LLC.; a California limited liability company; DOE 1 - WESTERN NATIONAL INVESTMENTS, a California corporation; DOE 2 - WNG PALM DESERT, LP, a California limited partnership; DOE 3 - GERALD FORD APARTMENTS, LP, a California limited partnership; and DOES 4 through 100, inclusive, Defendants. Case No.: CVRI2400152 FIRST AMENDED COMPLAINT FOR: 1. NEGLIGENCE 2. PUBLIC NUISANCE 3. PRIVATE NUISANCE 4. TRESPASS DEMAND FOR JURY TRIAL -1- FIRST AMENDED COMPLAINT Plaintiffs demand a jury trial and against each of the defendants and allege as follows: PRELIMINARY ALLEGATIONS 1. Plaintiffs, LYDIA IRENE DURAN; MARYAM AFSARZADEH and PATTY AFSARZADEH; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ; JACOB BROYLES; DAVID DICKSON and JANET DICKSON; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS; LINDA LESTER; KYOUNGHEE MARKUS; ALEXIS MULLINIX; MARK ORR; LALAINE B. POLO; CAROLINE SCOTT; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON, JEFFREY C. THOMPSON; MATTHEW TODD and MALLORY TODD; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and as Trustees of the Keith J. and Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual; (collectively "Plaintiffs"), each bring this action individually. 2. Plaintiffs, at all times relevant herein, were and are residents of Palm Desert, County of Riverside, State of California, and owners of the Plaintiffs' Properties as follows: PLAINTIFF PROPERTY ADDRESS 1 Lydia Irene Duran 259 Calle Siempre Palm Desert, CA 92211 2 Linda Lester 254 Paseo Bravo Palm Desert, CA 92211 3 Ivan Hayes and Robbin Hayes, Trustees of the Hayes Family Trust, dated June 2nd, 2003 269 Calle Siempre Palm Desert, CA 92211 4 Matthew Todd and Mallory Todd 251 Calle Siempre Palm Desert, CA 92211 5 Maryam Afsarzadeh and Patty Afsarzadeh 261 Calle Siempre Palm Desert, CA 92211 -2- FIRST AMENDED COMPLAINT 6 Alexis Mullinix 244 Paseo Bravo Palm Desert, CA 92211 7 Jose Jennifer A. Alvarez and Michelle S. Alvarez 262 Paseo Bravo Palm Desert, CA 92211 8 Jacob Broyles 255 Calle Siempre Palm Desert, CA 92211 9 David Dickson and Janet Dickson 266 Paseo Bravo Palm Desert, CA 92211 10 Joseph Balingit Escoto and Estrella Migia Escoto 260 Paseo Bravo Palm Desert, CA 92211 11 Kyounghee Markus 256 Paseo Bravo Palm Desert, CA 92211 12 Mark Orr 258 Paseo Bravo Palm Desert, CA 92211 13 Lalaine B. Polo 246 Paseo Bravo Palm Desert, CA 92211 14 The Steinberg Family Trust; Trustee Marla Steinberg 249 Calle Siempre Palm Desert, CA 92211 15 Anna Marie Thompson and Jeffrey C. Thompson 257 Calle Siempre Palm Desert, CA 92211 16 Gregory Drake Lapidus 263 Calle Siempre Palm Desert, CA 92211 17 Caroline Scott 264 Paseo Bravo Palm Desert, CA 92211 18 Keith J. Hamilton and Debra S. Hamilton, Trustees of the Keith J. Hamilton and Debra S Hamilton Revocable Trust 265 Calle Siempre Palm Desert, CA 92211 -3- FIRST AMENDED COMPLAINT 19 Pedro Daniel Reyes 252 Paseo Bravo Palm Desert, CA 92211 3. Defendants, WESTERN NATIONAL BUILDERS, INC. ("WESTERN"); DESERT EMERALD, LLC. ("EMERALD"); WESTERN NATIONAL INVESTMENTS ("WNI"), as DOE 1; WNG PALM DESERT, LP ("WNG"), as DOE 2; GERALD FORD APARTMENTS, LP ("GFA"), as DOE 3; and Does 4-100 (herein collectively "Defendants"), and each of them, are the owners, planners, developers, designers, architects, engineers, mass producers, merchants, contractors, subcontractors, and/or material suppliers of the properties located at 75580 Gerald Ford Drive Palm Desert, California 92211 ("WESTERN Property") and 76000 Frank Sinatra Drive Palm Desert, California 92211 ("EMERALD Property") respectively. 4. This is an action to recover the cost to repair damage to the homes of the plaintiffs ("Plaintiffs' Properties") owned by Plaintiffs located in Palm Desert, California. Among other things, Plaintiffs seek reimbursement for past repairs and costs to investigate the extent of damage, the potential for reoccurrence, and determine the proper repairs. DEFENDANTS 5. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN is and was a California corporation, and has conducted business within the County of Riverside, State of California. 6. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 7. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD is and was a California limited liability company, and has conducted business within the County of Riverside, State of California. 8. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD was responsible for the development, construction, improvement, and management of the EMERALD Property during the relevant period. -4- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Plaintiffs are informed and believe and thereupon allege that Defendant WNI is and was a California corporation, and has conducted business within the County of Riverside, State of California. 10. Plaintiffs are informed and believe and thereupon allege that Defendant WNI was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 11. Plaintiffs are informed and believe and thereupon allege that Defendant WNG is and was a California corporation, and has conducted business within the County of Riverside, State of California. 12. Plaintiffs are informed and believe and thereupon allege that Defendant WNG was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 13. Plaintiffs are informed and believe and thereupon allege that Defendant GFA is and was a California corporation, and has conducted business within the County of Riverside, State of California. 14. Plaintiffs are informed and believe and thereupon allege that Defendant GFA was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 15. Defendants Does 4-100, inclusive, whether individual, corporate, associate or otherwise are fictitious names of Defendants whose true names and capacities, at this time, are unknown to Plaintiffs. Plaintiffs are informed and believe and thereon allege that at all times herein mentioned each of the Defendants sued herein as DOE was the agent, servant, and employee of his or her co-defendants, and in doing things hereinafter mentioned was acting in the scope of his or her authority as such agent, servant, and employee, and with the permission and consent of his or her co-defendants; and that each of said fictitiously named Defendants, whether an agent, corporation, association, or otherwise, is in some way liable or responsible to Plaintiffs on the facts hereinafter alleged, and caused injuries and damages proximately thereby as -5- FIRST AMENDED COMPLAINT hereinafter alleged; that, at all times herein mentioned, each of the Defendants sued herein Does 1-100 were in some manner or fashion, by contract or otherwise the successors, assigns, joint - venturers, co -venturers, partners, or were otherwise involved with Defendants in the development, construction, and management of the Subject Property and that by virtue of such capacity, assumed the obligations herein owed by Defendants to Plaintiffs and are liable and responsible to Plaintiffs on the facts herein alleged for all the damages sought; and that at all times herein mentioned each of said Defendants sued herein as Does 4-100 participated in some manner as a contractor, subcontractor, materialman, supplier of goods, or otherwise in the works of building and construction of the EMERALD Property or the WESTERN Property. When Defendants' true names become known to Plaintiffs, Plaintiffs will ask leave of this Court to amend this Complaint to insert said true names and capacities. 16. Plaintiffs are informed and believe and thereon allege that Defendants, and each of them, are, and at all times relevant herein, among other things, negligently, carelessly, recklessly, and/or unlawfully changed the drainage of surface water on the WESTERN Property and EMERALD Property and/or acted or failed to act in such a way as to place all of their downhill neighbors at substantial risk of serious harm including Plaintiffs. GENERAL ALLEGATIONS 17. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN is a construction corporation which began building a large, 150-unit residential development containing eight apartment buildings of three stories each, a community room, a playground, a pharmacy, a medical clinic, and a clubhouse on the 6.82-acre WESTERN Property in or around May 2022. 18. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD is a self -described luxury RV resort which contains 254 RV sites catering to RVs ranging in length from 38 to 65 feet long for short term stays, and an untold number of "villas" that can be booked on the property for the RV -less. 19. Plaintiffs are informed and believe and thereupon allege that the perimeter of the -6- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EMERALD Property is surrounded by a combination of brick and PVC barrier that rises no fewer than three feet high and has no clearance at the bottom. 20. Plaintiffs Properties are flanked to the west by the WESTERN Property and flanked to the east by the EMERALD Property. 21. Plaintiffs are informed and believe, and thereon allege that earth -moving, and other work related to construction of the WESTERN Property altered the natural flow of surface water on the WESTERN Property, resulting in flooding and damages to Plaintiffs Properties. 22. Plaintiffs are informed and believe, and thereon allege that Defendants took no mitigation measures to protect their neighbors, such as the Plaintiffs, from the increased risk of irregular downstream surface water flow. 23. Plaintiffs are informed and believe, and thereon allege that Defendants' actions, conduct, and management of the EMERALD Property, a large RV resort for short-term stays where flat spaces are maintained by Defendants for the purpose of being occupied by enormous vehicles which are frequently coming and going, altered the natural flow of surface water on the EMERALD Property to the detriment of the Plaintiffs. 24. Plaintiffs are informed and believe, and thereon allege that Defendants took no mitigation measures to protect their neighbors, such as the Plaintiffs, from the increased risk of irregular downstream water flow. 25. Plaintiffs are informed and believe, and thereon allege that the Defendants' construction and maintenance of EMERALD Property's perimeter wall altered the natural flow of surface water, and is channeling surface water onto adjacent properties, including the Plaintiffs' Properties. 26. Plaintiffs are informed and believe, and thereon allege that the EMERALD Property's perimeter wall improperly and unnaturally channels surface water away from the EMERALD Property and onto Plaintiffs' Properties, resulting in flooding and damages. 27. Plaintiffs are informed and believe and thereon allege that the EMERALD Property's wall and gate essentially function as a levee (an embankment to prevent the outflow -7- FIRST AMENDED COMPLAINT of a river, common in hurricane -prone localities). 28. Plaintiffs are informed and believe, and thereon allege that the result is that torrential volumes of surface water are channeled off of the WESTERN Property and onto the Plaintiffs' Properties where it flows up against the wall on the EMERALD Property, causing the water to pool and flood onto the Plaintiffs' Properties, resulting in damages. 29. On or about August 21, 2023, the Plaintiffs' Properties and the surrounding area were subject to heavy rains that made the news. 30. Plaintiffs are informed and believe that during the August 2023 rains, Plaintiffs made a request to EMERALD that EMERALD open the gates of the EMERALD property to allow water to flow naturally. However, EMERALD refused to the detriment of Plaintiffs, resulting in flooding and damages to Plaintiffs' Properties. 31. As a result of the WESTERN Property's and the EMERALD Property's designs, the Plaintiffs' Properties were flooded during the August 2023 rains. 32. Plaintiffs are residents of the Spanish Walk community whose homes have been flooded and common spaces destroyed by surface water improperly and unnaturally channeled, to the detriment of downhill neighbors and the community at large, from the Defendants' properties to the Plaintiffs' Properties. 33. Plaintiffs live in fear of rain as no corrective or mitigating actions have been taken by Defendants to cease the altered surface water flow. ALTER EGO ALLEGATIONS 34. Plaintiffs are informed and believe, and thereon allege that at all relevant times, as alleged more fully herein, each Defendant acted as an agent, servant, employee, co-conspirator, alter -ego and/or joint venturer of the other Defendants, and in doing the things alleged herein acted within the course and scope of such agency, employment, alter -ego and/or in furtherance of the joint venture. Each of the Defendant's acts alleged herein was done with the permission and consent of each of the other Defendants. 35. Plaintiffs are informed and believe, and thereon allege that at all times relevant hereto, WESTERN was the alter ego of WNI, and there exists, and at all times herein mentioned -8- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 has existed, a unity of interest and ownership between WESTERN and WNI such that any separateness between them has ceased to exist in that WNI completely controlled, managed, and operated WESTERN to suit its convenience. 36. Specifically, at all times relevant hereto, WNI (1) controlled the business and affairs of WESTERN; (2) commingled the funds and assets of the corporate entities, and diverted corporate funds and assets for its own use; (3) disregarded legal formalities and failed to maintain arm's length relationships among the corporate entities; (4) used the corporate entities as mere shells, instrumentalities, or conduits for itself and/or its individual businesses; (5) used corporate entities to conceal their ownership, management and financial interests and/or personal business activities; and/or (6) used the corporate entities to shield against its obligations, and in particular the obligations as alleged in this Complaint. 37. At all times relevant hereto, WNG was the alter ego of WNI, and there exists, and at all times herein mentioned has existed, a unity of interest and ownership between WNG and WNI such that any separateness between them has ceased to exist in that WNI controlled, managed, and operated WNG to suit its convenience. 38. Specifically, at all times relevant hereto, WNI (1) controlled the business and affairs of WNG; (2) commingled the funds and assets of the corporate entities, and diverted corporate funds and assets for its own use; (3) disregarded legal formalities and failed to maintain arm's length relationships among the corporate entities; (4) used the corporate entities as mere shells, instrumentalities, or conduits for itself and/or its individual businesses; (5) used corporate entities to conceal their ownership, management and financial interests and/or personal business activities; and/or (6) used the corporate entities to shield against its obligations, and in particular the obligations as alleged in this Complaint. 39. Plaintiffs are informed and believe, and thereon allege that at all times relevant hereto, GFA was the alter ego of WNI, and there exists, and at all times herein mentioned has existed, a unity of interest and ownership between GFA and WNI such that any separateness between them has ceased to exist in that WNI completely controlled, managed, and operated GFA to suit its convenience. 40. Specifically, at all times relevant hereto, WNI (1) controlled the business and -9- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 affairs of GFA; (2) commingled the funds and assets of the corporate entities, and diverted corporate funds and assets for its own use; (3) disregarded legal formalities and failed to maintain arm's length relationships among the corporate entities; (4) used the corporate entities as mere shells, instrumentalities, or conduits for itself and/or its individual businesses; (5) used corporate entities to conceal their ownership, management and financial interests and/or personal business activities; and/or (6) used the corporate entities to shield against its obligations, and in particular the obligations as alleged in this Complaint. 41. At all times relevant, there existed a unity of interest and ownership such that the individuality or separateness of WESTERN, WNG, GFA, and WNI ceased to exist, and the facts are such that an adherence to the fiction of the separate existence of these entities would sanction a fraud or promote an injustice. (See Automotriz del Golfo de California v. Resnick 42 Ca1.2d 792 (1957)). 42. Plaintiffs are informed and believe that at all relevant times mentioned herein, the acts of the business entities involved were performed by an employee, agent, officer, servant and/or representative of WESTERN, WNG, GFA, or WNI. I. FIRST CAUSE OF ACTION NEGLIGENCE (Alleged against ALL DEFENDANTS) 43. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 44. Plaintiffs own and reside on property adjacent to the WESTERN and EMERALD Properties. 45. The WESTERN Property is located uphill in relation to Plaintiffs' Properties. 46. The EMERALD Property is located uphill in relation to Plaintiffs' Properties. 47. Plaintiffs are informed and believe and thereon allege that Defendants negligently, carelessly, recklessly, and/or unlawfully altered the natural flow of surface water on the EMERALD Property, altered the drainage of surface waters on the EMERALD Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream -10- FIRST AMENDED COMPLAINT waterflow from the EMERALD Property, placing all of EMERALD's downhill neighbors at substantial risk of serious harm, including Plaintiffs. 48. Plaintiffs are informed and believe and thereon allege that Defendants, carelessly, recklessly, and/or unlawfully altered the natural flow of surface water on the WESTERN Property, altered the drainage of surface waters on the WESTERN Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream waterflow from the WESTERN Property, placing all of WESTERN's downhill neighbors, including the Plaintiffs, at substantial risk of serious harm. 49. On or about August 21, 2023, following rains in Palm Desert, CA, and as a result of Defendants' negligence and/or failure to avoid foreseeable damage to Plaintiffs, the WESTERN and EMERALD Properties, due to improper surface water drainage, channeled surface water onto the Plaintiffs' Properties resulting in catastrophic damage. 50. Plaintiffs are informed and believe, and thereon allege that, as a direct and legal result of the said wrongful conduct Defendants, Plaintiffs have sustained serious damage to Plaintiffs' Properties, loss of their use of their homes, loss of value of their homes, emotional distress, consequential damages, and other damages in amounts to be proven at trial, but in no event less than $2,000,000.00. II. SECOND CAUSE OF ACTION PUBLIC NUISANCE (Alleged against ALL DEFENDANTS) 51. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 52. Plaintiffs are informed and believe, and based thereon allege, that Defendants, and each of them, unreasonably interfered with the Plaintiffs' Properties by altering the drainage of surface waters on the WESTERN Property and EMERALD Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream waterflow from the -11- FIRST AMENDED COMPLAINT WESTERN Property and EMERALD Property, placing all of WESTERN's and EMERALD's downhill neighbors, including the Plaintiffs, at substantial risk of serious harm. As a proximate result, Plaintiffs have been, and continue to be, deprived of the beneficial use of their Plaintiffs' Properties due to the flooding and damages caused by the Defendants. 53. Plaintiffs are informed and believe, and based thereon allege, that Defendants' mismanagement of the EMERALD Property and WESTERN Property is allowing a large amount of water to be unnaturally channeled from the EMERALD Property and WESTERN Property into the Plaintiffs' Properties. 54. Plaintiffs are informed and believe, and based thereon allege, that Defendants' mismanagement of the EMERALD Property and WESTERN Property has resulted in flooding and damages and constitutes a public nuisance within the meaning of California Civil Code Section 3480, in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties, as well as the health and welfare of Plaintiffs' guests, neighbors, and the surrounding community. The conditions, annoyances and/or injuries created a substantial and unreasonable interference with the Plaintiffs' and surrounding community members' use of, and peaceful and quiet enjoyment of their homes and community. 55. Plaintiffs are informed and believe, and based thereon allege, that the lack of adequate design, construction, maintenance, repair, reconstruction and/or inspection of the EMERALD Property and WESTERN Property, resulting in flooding and damage to Plaintiffs' Properties, constitutes a public nuisance within the meaning of California Civil Code Section 3480 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties, as well as the health and welfare of Plaintiffs' guests, neighbors, and the surrounding community. The conditions, annoyances and/or injuries created a substantial and unreasonable interference with the Plaintiffs' and surrounding community -12- FIRST AMENDED COMPLAINT members' use of, and peaceful and quiet enjoyment of, their homes and community. 56. Plaintiffs are informed and believe, and based thereon allege, that as a proximate result of the Defendants' mismanagement of the EMERALD Property and WESTERN Property by altering the natural drainage of surface waters on the WESTERN Property and EMERALD Property, and increasing the risk of irregular downstream waterflow from the WESTERN Property and EMERALD Property, Plaintiffs have been left in a state of fear that their Plaintiffs' Properties will continue to be damaged, and fear of losing the homes on the Plaintiffs' Properties completely. 57. Plaintiffs are informed and believe, and based thereon allege, that due to the Defendants' actions which constitute public nuisance, Plaintiffs have suffered damages in an amount not precisely known, but in any event in excess of the Court's minimum jurisdiction amount in costs of repair and/or reconstruction, lost value to the Plaintiffs' Properties, personal injuries, and the related emotional distress. Said damage will be demonstrated in a precise manner and according to proof at the time of trial. 58. Plaintiffs are informed and believe, and based thereon allege, that as a proximate result of the maintenance of the public nuisance by Defendants, Plaintiffs have suffered and continue to suffer discomfort and annoyance, all to their general damage in a sum to be determined at the time of trial. 59. As a further direct and legal result of the nuisance created and maintained by the Defendants, the Plaintiffs have no adequate remedy at law for their injuries and damages and hereby request the Court frame a remedy that will preclude the Defendants from continuing to maintain the nuisance. 60. Pursuant to California Civil Procedure Section 731, Plaintiffs are entitled to damages in that the Defendants deprived Plaintiffs of the use of, and peaceful and quiet enjoyment of, Plaintiffs' Properties, and that Plaintiffs have suffered injuries and damages as more fully alleged herein. -13- FIRST AMENDED COMPLAINT III. THIRD CAUSE OF ACTION PRIVATE NUISANCE (Alleged against ALL DEFENDANTS) 61. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 62. Plaintiffs are informed and believe, and thereon allege that, the acts and omissions of Defendants have resulted in a condition which is injurious to Plaintiffs' health and safety, and which is an obstruction to the free use of Plaintiffs' Properties, and an interference with the comfortable use and enjoyment of Plaintiffs' homes. 63. Plaintiffs are informed and believe, and thereon allege that, as a result of the actions, inactions, or omissions of Defendants, a continuing and/or permanent nuisance exists and continues to exist resulting in damage to Plaintiffs on a daily basis until Defendants abate said nuisance. Alternatively, to the extent the injuries and damages cannot be abated, the nuisance is permanent with permanent injuries to Plaintiffs. 64. In California, an abatable nuisance is one which can be abated at a reasonable cost; a permanent nuisance is one which cannot be abated (McCoy v. Gustafson, 180 Cal. App. 4th 56, 84 (2009)). If the nuisance is abatable, Plaintiffs can sue for past and present damages (Starrh & Starrh Cotton Growers v. Aera Energy LLC, 153 Cal. App. 4th 583, 592 (2007). If the nuisance is permanent, Plaintiffs are entitled to future damages including the diminution in the property's value caused by the nuisance. Id. Whether a nuisance is permanent or abatable is a question of fact for the jury as stated by the Court in the same case. 65. Plaintiffs are informed and believe, and thereon allege that, Defendants had express duties to Plaintiffs to take reasonable steps to ensure that discharges and channeling of surface water from the WESTERN Property and EMERALD Property follow the natural flow. 66. Plaintiffs are informed and believe, and thereon allege that, instead of performing an environmental impact report as required under the California Environmental Quality Act, -14- FIRST AMENDED COMPLAINT Defendants received an exemption. 67. Plaintiffs are informed and believe, and thereon allege that Defendants' mismanagement of the WESTERN Property and EMERALD Property caused a large amount of surface water to be discharged onto Plaintiffs' Properties which has caused a condition to exist which obstructs the Plaintiffs' free use of their Plaintiffs' Properties, and interferes with the Plaintiffs' comfortable use and enjoyment of Plaintiffs' Properties. 68. Plaintiffs are informed and believe, and thereon allege, that Defendants controlled and continue to control the WESTERN Property and EMERALD Property in every respect. 69. Plaintiffs are informed and believe, and thereon allege that, Defendants altered the natural flow of surface water on the EMERALD Property by constructing a gate adjacent to the Plaintiffs' Properties. Defendants' alteration of the natural surface water flow on the EMERALD Property caused a large amount of surface water to be discharged and channeled onto Plaintiffs' Properties which has caused a condition to exist which obstructs the Plaintiffs' free use of their Plaintiffs' Properties and interfered with the Plaintiffs' use of, and comfortable enjoyment of, Plaintiffs' Properties. Defendants controlled and continue to control the EMERALD Property in every respect. 70. Plaintiffs are informed and believe, and thereon allege that, as alleged herein above, Defendants' lack of adequate design, construction, maintenance, repair, reconstruction, and/or inspection of the WESTERN Property and EMERALD Property, which caused the surface water to be improperly channeled outside of its natural flow and the continued subsidence of the Plaintiffs' Properties constitute a private nuisance within the meaning of California Civil Code Section 3481 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties. The conditions, annoyances, and/or injuries created a substantial and unreasonable interference with the Plaintiffs' use of, and peaceful and quiet enjoyment of, Plaintiffs' homes and community. 71. Plaintiffs are informed and believe, and thereon allege that, as a proximate result of the maintenance of the private nuisance by Defendants, Plaintiffs have suffered and continue -15- FIRST AMENDED COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to suffer discomfort and annoyance, all to their general damage in a sum to be determined at the time of trial. 72. A further direct and legal result of the nuisance created and maintained by the Defendants, the Plaintiffs have no adequate remedy at law for their injuries and damages and hereby requests the Court to frame a remedy that will preclude the Defendants from continuing to maintain the nuisance, including but not limited to, the construction and maintenance of the WESTERN Property and EMERALD Property so as to prevent improper discharge and channeling of surface water outside the natural flow, and further subsidence of the Plaintiffs' Properties. 73. Plaintiffs are informed and believe, and thereon allege that, as a result of the actions, inactions, or omissions of Defendants, Plaintiffs have suffered and will continue to suffer general, compensatory, and consequential damages, inclusive but not limited to investigative and remediation costs, diminution in value of their property, loss of use of their property, increased living expenses, and emotional distress, all in amounts to be proven at trial but in no event less than $2,000,000.00. 74. Plaintiffs pray that a mandatory and/or prohibitory injunction be issued, requiring Defendants to abate said nuisance and/or to perform any and all actions necessary to assess, investigate, and remediate the surface water channeling adjacent to, and in the vicinity of, Plaintiffs' Properties. 75. Pursuant to California Civil Procedure Section 731, Plaintiffs are entitled to damages in that the Defendants deprived Plaintiffs of the use of, and peaceful and quiet enjoyment of, their Plaintiffs' Properties, and have suffered injuries and damages as more fully alleged above. ///// ///// -16- FIRST AMENDED COMPLAINT IV. FOURTH CAUSE OF ACTION Trespass (Alleged against ALL DEFENDANTS) 76. Plaintiffs reiterate and incorporate by reference the foregoing paragraphs as though fully set forth herein. 77. Plaintiffs are, and at all relevant times herein mentioned were, the owners of the Plaintiffs' Properties. 78. Plaintiffs are informed and believe, and thereon allege, that Defendants, and each of them, unreasonably interfered with Plaintiffs' Properties by causing the surface water to be improperl channeled outside of its natural flow onto Plaintiffs' Properties, thus flooding Plaintiffs' Properties. 79. Plaintiffs are informed and believe, and based thereon allege, that as a proximate result, Plaintiffs have been, and continue to be, deprived of the beneficial use of Plaintiffs' Properties. 80. Plaintiffs are informed and believe, and thereon allege that, as a proximate result of the Defendants' wrongful trespass to Plaintiffs' Properties, surface water channeling has occurre. causing the Plaintiffs to suffer damages in an amount not precisely known, but in any event, i excess of, the Court's minimum jurisdiction amount in costs of repair and/or reconstruction, los value to the Plaintiffs' Properties, personal injuries and the related emotional distress. Said damag: will be demonstrated in a precise manner and according to proof at the time of trial. 81. Plaintiffs are informed and believe, and thereon allege, that unless temporarily restraine s and permanently enjoined from committing further trespass in violation of regulations and law, Defendants are jeopardizing the Plaintiffs' property interests and causing the Plaintiffs irreparabl injury from the destruction of their Plaintiffs' Properties. 82. Plaintiffs are informed and believe, and thereon allege, that Defendants have als -17- FIRST AMENDED COMPLAINT caused extreme anxiety to Plaintiffs as a result of the Defendants' actions. 83. Plaintiffs have no adequate remedy at law for their injuries and damages and hereby reques the Court to frame a remedy that will preclude the Defendants from continuing to trespass upo the interest of the Plaintiffs in the Plaintiffs' Properties by finding the Defendants have violate their duties according to statute. PRAYER WHEREFORE, Plaintiffs pray for judgment as follows: 1. General, compensatory, and consequential damages in an amount not currently known, but in excess of Two Million Dollars ($2,000,000.00) and which be shown according to proof at the time of trial; 2. Injunctive relief requiring defendants to abate the nuisance caused by the surface water channeling caused or allowed by defendants, and/or to perform any and all actions necessary to assess, investigate, and remediate the channeling of surface water adjacent to, and in the vicinity of, Plaintiffs' Properties; 3. Interest on all sums awarded, at the maximum legal rate; 4. Pre judgment interest on all sums awarded, at the maximum legal rate; 5. Costs of suit and such other and further relief as the Court deems just and proper. Dated: February 21, 2024 THE NAUMANN LAW FIRM, P.C. William H. Naumann Philip M. Kunka Frank Mascia Attorneys for Plaintiffs -18- FIRST AMENDED COMPLAINT Electronically FILED by Superior Court of California, County of Riverside on 0111112024 09:43 AM Case Number CVRI2400152 0000080717176 - Jason B. Galkin, Executive OfficerlClerk ofthe Court By Taylor Lomuscio, Clerk SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): WESTERN NATIONAL BUILDERS, INC., a California corporation; DESERT EMERALD, LLC.; a California corporation; and DOES 1 through 100, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): LYDIA IRENE DURAN; SEE ATTACHMENT SUM-100 FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self -Help Center (www.courtinfo.ca.gov/setfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attomey, you may want to call an attorney referral service. If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www./awhelpcalifomia.org), the California Courts Online Self -Help Center (www.courtinfo.ca.gov/seffhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The courts lien must be paid before the court will dismiss the case. ,AVISO! Lo han demandedo. Si no responde dentro de 30 dies, la corte puede decidir en su contra sin escuchar su version. Lea la informacibn a continuacihn. Tiene 30 DfAS DE CALENDARIO despue3s de que le entreguen esta citacic n y papeles legates para presenter una respuesta por escrito en este corte y hacer que se entregue una copia al demandante. Una carts o una Ilamada telefbnica no to protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularies de la corte y mas informacie n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la bibiioteca de leyes de su condado o en la code que le quede mas cerca. Si no puede pager la cuota de presentacibn, pida al secretario de la corte que le de un formulario de exencihn de pago de cuotas. Si no presents su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra guitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisites legates. Es recomendable que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede ilamar a un servicio de remisibn a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un programa de servicios legates sin fines de /ucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifomia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o ponie3ndose en contacto con la code o el co/egio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacidn de $10,000 B mas de valor recibida mediante un acuerdo o una concesibn de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. CASE NUMBER: (Numero del Caso): The name and address of the court is: (El nombre y direccidn de la corte es): Riverside Superior Court 4050 Main Street, Riverside, CA The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direccidn y el numero de tele fono del abogado del demandante, o del demandante que no tiene abogado, es): William H. Naumann, Esq., Tel: (858) 792-7474, The Naumann Law Firm, PC, 10200 Willow Creek, Suite 150, San Diego, CA 92131 DATE: (Fecha) 01 /11 /2024 Clerk, by (Secretario) vQ> , Deputy (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. 1 J as an individual defendant. 2. I as the person sued under the fictitious name of (specify): 3. I on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) other (specify): 4. by personal delivery on (date): Form Adopted for Mandatory Use Judicial Council of California SUM-100 [Rev. July 1, 2009] SUMMONS CCP 416.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person) Page 1 of 1 Code of Civil Procedure §§ 412.20, 465 www.courts.ca.gov SHORT TITLE: Duran, et al. v. Western National Builders, Inc., et al. CASE NUMBER: SUM-200(A) INSTRUCTIONS FOR USE + This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. + If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party ) E] Plaintiff El Defendant j Cross -Complainant Cross -Defendant MARYAM AFSARZADEH and PATTY AFSARZADEH; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ; JACOB BROYLES; DAVID DICKSON and JANET DICKSON; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS; LINDA LESTER; KYOUNGHEE MARKUS; ALEXIS MULLINIX; MARK ORR; LALAINE B. POLO; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON, JEFFREY C. THOMPSON; MATTHEW TODD and MALLORY TODD Page 1 of 2 Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California SUM-200(A) [Rev. January 1, 2007] ADDITIONAL PARTIES ATTACHMENT Attachment to Summons American LegalNet, Inc, www.FormsWorMow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically FILED by Superior Court of California, County of Riverside on 01.1112024 09:43 AM Case Number CVRI2400152 0000080717173 - Jason B. Galkin, Executive Officer/Clerk ofthe Court By Taylor Lomuscio, Clerk William H. Naumann, Esq., SBN 95771 Philip M. Kunka, Esq., SBN 312146 Frank Mascia, Esq., SBN 351793 THE NAUMANN LAW FIRM, PC 10200 Willow Creek Road, Suite 150 San Diego, CA 92131 Phone: (858) 792-7474 Facsimile: (858) 564-9380 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE LYDIA IRENE DURAN; MARYAM AFSARZADEH and PATTY AFSARZADEH; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ; JACOB BROYLES; DAVID DICKSON and JANET DICKSON; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS; LINDA LESTER; KYOUNGHEE MARKUS; ALEXIS MULLINIX; MARK ORR; LALAINE B. POLO; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON, JEFFREY C. THOMPSON; MATTHEW TODD and MALLORY TODD Plaintiffs VS. WESTERN NATIONAL BUILDERS, INC., a California corporation; DESERT EMERALD, LLC.; a California limited liability company; and DOES 1 through 100, inclusive, Defendants. Case No.: I 12 4 CI 01 COMPLAINT FOR: 1. NEGLIGENCE 2. PUBLIC NUISANCE 3. PRIVATE NUISANCE 4. TRESPASS DEMAND FOR JURY TRIAL 2 Plaintiffs demand a jury trial and against each of the defendants and allege as follows: PRELIMINARY ALLEGATIONS 1. Plaintiffs, LYDIA IRENE DURAN; MARYAM AFSARZADEH and PATTY AFSARZADEH; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ; JACOB -1- COMPLAINT [ZOYLES; DAVID DICKSON and JANET DICKSON; JOSEPH BALINGIT ESCOTO and 3TRELLA MIGIA ESCOTO; ROBBIN HAYES and IVAN HAYES, as individuals and as ustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS; LINDA ASTER; KYOUNGHEE MARKUS; ALEXIS MULLINIX; MARK ORR; LALAINE B. )LO; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA ARIE THOMPSON, JEFFREY C. THOMPSON; MATTHEW TODD and MALLORY TODD ollectively "Plaintiffs"), each bring this action individually. 2. Plaintiffs, at all times relevant herein, were and are residents of Palm Desert, county of Riverside, State of California, and owners of the Plaintiffs' Properties as follows: PLAINTIFF PROPERTY ADDRESS 1 Lydia Irene Duran 259 Calle Siempre Palm Desert, CA 92211 2 Linda Lester 254 Paseo Bravo Palm Desert, CA 92211 3 Ivan Hayes and Robbin Hayes, Trustees of the Hayes Family Trust, dated June 2nd, 2003 269 Calle Siempre Palm Desert, CA 92211 4 Matthew Todd and Mallory Todd 251 Calle Siempre Palm Desert, CA 92211 5 Maryam Afsarzadeh and Patty Afsarzadeh 261 Calle Siempre Palm Desert, CA 92211 6 Alexis Mullinix 244 Paseo Bravo Palm Desert, CA 92211 7 Jose Jennifer A. Alvarez and Michelle S. Alvarez 262 Paseo Bravo Palm Desert, CA 92211 8 Jacob Broyles 255 Calle Siempre Palm Desert, CA 92211 9 David Dickson and Janet Dickson 266 Paseo Bravo -2- COMPLAINT Palm Desert, CA 92211 10 Joseph Balingit Escoto and Estrella Migia Escoto 260 Paseo Bravo Palm Desert, CA 92211 11 Kyounghee Markus 256 Paseo Bravo Palm Desert, CA 92211 12 Mark Orr 258 Paseo Bravo Palm Desert, CA 92211 13 Lalaine B. Polo 246 Paseo Bravo Palm Desert, CA 92211 14 The Steinberg Family Trust; Trustee Marla Steinberg 249 Calle Siempre Palm Desert, CA 92211 15 Anna Marie Thompson and Jeffrey C. Thompson 257 Calle Siempre Palm Desert, CA 92211 16 Gregory Drake Lapidus 263 Calle Siempre Palm Desert, CA 92211 3. Defendants, WESTERN NATIONAL BUILDERS, INC. ("WESTERN"); ESERT EMERALD, LLC. ("EMERALD"); and Does 1-100 (herein collectively )efendants"), and each of them, are the owners, planners, developers, designers, architects, igineers, mass producers, merchants, contractors, subcontractors, and/or material suppliers of e properties located at 75580 Gerald Ford Drive Palm Desert, California 92211 ("WESTERN .operty") and 76000 Frank Sinatra Drive Palm Desert, California 92211 ("EMERALD .operty") respectively. 4. This is an action to recover the cost to repair damage to the homes of the plaintiffs Plaintiffs' Properties") owned by Plaintiffs located in Palm Desert, California. Among other ings, Plaintiffs seek reimbursement for past repairs and costs to investigate the extent of image, the potential for reoccurrence, and determine the proper repairs. -3- COMPLAINT DEFENDANTS 5. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN is and was a California corporation, and has conducted business within the County of Riverside, State of California. 6. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN was responsible for the development, construction, improvement, and management of 75580 Gerald Ford Drive Palm Desert, California 92211 ("WESTERN Property") during the relevant period. 7. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD is and was a California limited liability company, and has conducted business within the County of Riverside, State of California. 8. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD was responsible for the development, construction, improvement, and management of 76000 Frank Sinatra Drive Palm Desert, California 92211. ("EMERALD Property") during the relevant period. 9. Defendants Does 1-100, inclusive, whether individual, corporate, associate or otherwise are fictitious names of Defendants whose true names and capacities, at this time, are unknown to Plaintiffs. Plaintiffs are informed and believe and thereon allege that at all times herein mentioned each of the Defendants sued herein as DOE was the agent, servant, and employee of his or her co-defendants, and in doing things hereinafter mentioned was acting in the scope of his or her authority as such agent, servant, and employee, and with the permission and consent of his or her co-defendants; and that each of said fictitiously named Defendants, whether an agent, corporation, association, or otherwise, is in some way liable or responsible to Plaintiffs on the facts hereinafter alleged, and caused injuries and damages proximately thereby as hereinafter alleged; that, at all times herein mentioned, each of the Defendants sued herein Does 1-100 were in some manner or fashion, by contract or otherwise the successors, assigns, joint - venturers, co -venturers, partners, or were otherwise involved with Defendants in the -4- COMPLAINT development, construction, and management of the Subject Property and that by virtue of such capacity, assumed the obligations herein owed by Defendants to Plaintiffs and are liable and responsible to Plaintiffs on the facts herein alleged for all the damages sought; and that at all times herein mentioned each of said Defendants sued herein as Does 1-100 participated in some manner as a contractor, subcontractor, materialman, supplier of goods, or otherwise in the works of building and construction of the EMERALD Property or the WESTERN Property. When Defendants' true names become known to Plaintiffs, Plaintiffs will ask leave of this Court to amend this Complaint to insert said true names and capacities. 10. Plaintiffs are informed and believe and thereon allege that Defendants, and each of them, are, and at all times relevant herein were, among other things, negligently, carelessly, recklessly, and/or unlawfully changed the drainage of surface water on the WESTERN Property and EMERALD Property and/or acted or failed to act in such a way as to place all of their downhill neighbors at substantial risk of serious harm including Plaintiffs. GENERAL ALLEGATIONS 11. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN is a construction corporation which began building a large, 150-unit residential development containing eight apartment buildings of three stories each, a community room, a playground, a pharmacy, a medical clinic, and a clubhouse on the 6.82-acre WESTERN Property in or around May 2022. 12. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD is a self -described luxury RV resort which contains 254 RV sites catering to RVs ranging in length from 38 to 65 feet long for short term stays, and an untold number of "villas" that can be booked on the property for the RV -less. The perimeter of the EMERALD Property is surrounded by a combination of brick and PVC barrier that rises no fewer than three feet high and has no clearance at the bottom. 13. Plaintiffs Properties are flanked to the west by the WESTERN Property and flanked to the east by the EMERALD Property. -5- COMPLAINT 14. Plaintiffs are informed and believe, and thereon allege that earth -moving, and other work related to construction of the WESTERN Property altered the natural flow of surface water on the WESTERN Property, resulting in flooding and damages to Plaintiffs Properties. 15. Plaintiffs are informed and believe, and thereon allege that Defendants took no mitigation measures to protect their neighbors, such as the Plaintiffs, from the increased risk of irregular downstream surface water flow. 16. Plaintiffs are informed and believe, and thereon allege that Defendants' actions, conduct, and management of the EMERALD Property, a large RV resort for short-term stays where flat spaces are maintained by Defendants for the purpose of being occupied by enormous vehicles which are frequently coming and going, altered the natural flow of surface water on the EMERALD Property to the detriment of the Plaintiffs. 17. Plaintiffs are informed and believe, and thereon allege that Defendants took no mitigation measures to protect their neighbors, such as the Plaintiffs, from the increased risk of irregular downstream water flow. 18. Plaintiffs are informed and believe, and thereon allege that the Defendants' construction and maintenance of EMERALD Property's perimeter wall altered the natural flow of surface water, and is channeling surface water onto adjacent properties, including the Plaintiffs' Properties. 19. Plaintiffs are informed and believe, and thereon allege that the EMERALD Property's perimeter wall improperly and unnaturally channels surface water away from the EMERALD Property and onto Plaintiffs' Properties, resulting in flooding and damages. 20. Plaintiffs are informed and believe and thereon allege that the EMERALD Property's wall and gate essentially function as a levee (an embankment to prevent the outflow of a river, common in hurricane -prone localities). 21. Plaintiffs are informed and believe, and thereon allege that the result is that torrential volumes of surface water are channeled off of the WESTERN Property and onto the Plaintiffs' Properties where it flows up against the wall on the EMERALD Property, causing the -6- COMPLAINT water to pool and flood onto the Plaintiffs' Properties, resulting in damages. 22. On or about August 21, 2023, the Plaintiffs' Properties and the surrounding area were subject to heavy rains that made the news. 23. Plaintiffs are informed and believe that during the August 2023 rains, Plaintiffs made a request to EMERALD that EMERALD open the gates of the EMERALD property to allow water to flow naturally. However, EMERALD refused to the detriment of Plaintiffs, resulting in flooding and damages to Plaintiffs' Properties. 24. As a result of the WESTERN Property's and the EMERALD Property's designs, the Plaintiffs' Properties were flooded during the August 2023 rains. 25. Plaintiffs are residents of the Spanish Walk community whose homes have been flooded and common spaces destroyed by surface water improperly and unnaturally channeled, to the detriment of downhill neighbors and the community at large, from the Defendants' properties to the Plaintiffs' Properties. 26. Plaintiffs live in fear of rain as no corrective or mitigating actions have been taken by Defendants to cease the altered surface water flow. I. FIRST CAUSE OF ACTION NEGLIGENCE (Alleged against ALL DEFENDANTS) 27. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 28. Plaintiffs own and reside on property adjacent to the WESTERN and EMERALD Properties. 29. The WESTERN Property is located uphill in relation to Plaintiffs' Properties. 30. The EMERALD Property is located uphill in relation to Plaintiffs' Properties. 31. Plaintiffs are informed and believe and thereon allege that Defendants negligently, carelessly, recklessly, and/or unlawfully altered the natural flow of surface water on the EMERALD Property, altered the drainage of surface waters on the EMERALD Property, and -7- COMPLAINT otherwise acted or failed to act in such a way as to increase the risk of irregular downstream waterflow from the EMERALD Property, placing all of EMERALD's downhill neighbors at substantial risk of serious harm, including Plaintiffs. 32. Plaintiffs are informed and believe and thereon allege that Defendants, carelessly, recklessly, and/or unlawfully altered the natural flow of surface water on the WESTERN Property, altered the drainage of surface waters on the WESTERN Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream waterflow from the WESTERN Property, placing all of WESTERN's downhill neighbors, including the Plaintiffs, at substantial risk of serious harm. 33. On or about August 21, 2023, following rains in Palm Desert, CA, and as a result of Defendants' negligence and/or failure to avoid foreseeable damage to Plaintiffs, the WESTERN and EMERALD Properties, due to improper surface water drainage, channeled surface water onto the Plaintiffs' Properties resulting in catastrophic damage. 34. Plaintiffs are informed and believe, and thereon allege that, as a direct and legal result of the said wrongful conduct Defendants, Plaintiffs have sustained serious damage to Plaintiffs' Properties, loss of their use of their homes, loss of value of their homes, emotional distress, consequential damages, and other damages in amounts to be proven at trial, but in no event less than $2,000,000.00. II. SECOND CAUSE OF ACTION PUBLIC NUISANCE (Alleged against ALL DEFENDANTS) 35. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 36. Defendants, and each of them, unreasonably interfered with the Plaintiffs' Subject Properties by altering the drainage of surface waters on the WESTERN Property and EMERALD Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular -8- COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 downstream waterflow from the WESTERN Property and EMERALD Property, placing all of WESTERN's and EMERALD's downhill neighbors, including the Plaintiffs, at substantial risk of serious harm. As a proximate result, Plaintiffs have been, and continue to be, deprived of the beneficial use of their Plaintiffs' Properties due to the flooding and damages caused by the Defendants. 37. As alleged herein, Defendants' mismanagement of the EMERALD Property and WESTERN Property by allowing a large amount of water to be unnaturally channeled from the EMERALD Property and WESTERN Property into the Plaintiffs' Properties, which has resulted in flooding and damages and constitutes a public nuisance within the meaning of California Civil Code Section 3480 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties, as well as the health and welfare of Plaintiffs' guests, neighbors, and the surrounding community. The conditions, annoyances and/or injuries created a substantial and unreasonable interference with the Plaintiffs' and surrounding community members' peaceful and quiet enjoyment of their homes and community. 38. As alleged herein, the lack of adequate design, construction, maintenance, repair, reconstruction and/or inspection of the EMERALD Property and WESTERN Property which created the current condition resulting in flooding and damage to Plaintiffs' Properties constitutes a public nuisance within the meaning of California Civil Code Section 3480 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties, as well as the health and welfare of Plaintiffs' guests, neighbors, and the surrounding community. The conditions, annoyances and/or injuries created a substantial and unreasonable interference with the Plaintiffs' and surrounding community members' peaceful and quiet enjoyment of their homes and community. 39. As a proximate result of the Defendants' mismanagement of the EMERALD -9- COMPLAINT Property and WESTERN Property by altering the natural drainage of surface waters on the WESTERN Property and EMERALD Property, and increasing the risk of irregular downstream waterflow from the WESTERN Property and EMERALD Property, Plaintiffs have been left in a state of fear that their Plaintiffs' Properties will continue to be damaged, and fear of losing the homes on the Plaintiffs' Properties completely. 40. Due to the Defendants' actions which constitute public nuisance, Plaintiffs have suffered damages in an amount not precisely known, but in any event in excess of the Court's minimum jurisdiction amount in costs of repair and/or reconstruction, lost value to the Plaintiffs' Properties, personal injuries, and the related emotional distress. Said damage will be demonstrated in a precise manner and according to proof at the time of trial. 41. As a proximate result of the maintenance of the public nuisance by Defendants, Plaintiffs have suffered and continue to suffer discomfort and annoyance, all to their general damage in a sum to be determined at the time of trial. 42. As a further direct and legal result of the nuisance created and maintained by the Defendants, the Plaintiffs have no adequate remedy at law for their injuries and damages and hereby request the Court frame a remedy that will preclude the Defendants from continuing to maintain the nuisance. 43. Pursuant to California Civil Procedure Section 731, Plaintiffs are entitled to damages in that the Defendants deprived Plaintiffs of the peaceful and quiet enjoyment of Plaintiffs' Properties, and that Plaintiffs have suffered injuries and damages as more fully alleged herein. III. THIRD CAUSE OF ACTION PRIVATE NUISANCE (Alleged against ALL DEFENDANTS) 44. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 45. Plaintiffs are informed and believe, and thereon allege that, the acts and omissions -10- COMPLAINT of Defendants have resulted in a condition which is injurious to Plaintiffs' health and safety, and which is an obstruction to the free use of Plaintiffs' Properties, and an interference with the comfortable use and enjoyment of Plaintiffs' homes. 46. Plaintiffs are informed and believe, and thereon allege that, as a result of the actions, inactions, or omissions of Defendants, a continuing and/or permanent nuisance exists and continues to exist resulting in damage to Plaintiffs on a daily basis until Defendants abate said nuisance. Alternatively, to the extent the injuries and damages cannot be abated, the nuisance is permanent with permanent injuries to Plaintiffs. 47. In California, an abatable nuisance is one which can be abated at a reasonable cost; a permanent nuisance is one which cannot be abated (McCoy v. Gustafson, 180 Cal. App. 4th 56, 84 (2009)). If the nuisance is abatable, Plaintiffs can sue for past and present damages (Starrh & Starrh Cotton Growers v. Aera Energy LLC, 153 Cal. App. 4th 583, 592 (2007). If the nuisance is permanent, Plaintiffs are entitled to future damages including the diminution in the property's value caused by the nuisance. Id. Whether a nuisance is permanent or abatable is a question of fact for the jury as stated by the Court in the same case. 48. Plaintiffs are informed and believe, and thereon allege that, Defendants had express duties to Plaintiffs to take reasonable steps to ensure that discharges and channeling of surface water from the WESTERN Property and EMERALD Property follow the natural flow. 49. Plaintiffs are informed and believe, and thereon allege that, instead of performing an environmental impact report as required under the California Environmental Quality Act, Defendants received an exemption. 50. Plaintiffs are informed and believe, and thereon allege that Defendants' mismanagement of the WESTERN Property and EMERALD Property caused a large amount of surface water to be discharged onto Plaintiffs' Properties which has caused a condition to exist which obstructs the Plaintiffs' free use of their Plaintiffs' Properties, and interferes with the Plaintiffs' comfortable enjoyment of Plaintiffs' Properties. Defendants controlled and continue to -11- COMPLAINT control the WESTERN Property and EMERALD Property in every respect. 51. Plaintiffs are informed and believe, and thereon allege that, Defendants altered the natural flow of surface water on the EMERALD Property by constructing a gate adjacent to the Plaintiffs' Properties. Defendants' alteration of the natural surface water flow on the EMERALD Property caused a large amount of surface water to be discharged and channeled onto Plaintiffs' Properties which has caused a condition to exist which obstructs the Plaintiffs' free use of their Plaintiffs' Properties and interfered with the Plaintiffs' comfortable enjoyment of Plaintiffs' Properties. Defendants controlled and continue to control the EMERALD Property in every respect. 52. Plaintiffs are informed and believe, and thereon allege that, as alleged herein above, Defendants' lack of adequate design, construction, maintenance, repair, reconstruction, and/or inspection of the WESTERN Property and EMERALD Property, which caused the surface water to be improperly channeled outside of its natural flow and the continued subsidence of the Plaintiffs' Properties constitute a private nuisance within the meaning of California Civil Code Section 3481 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties. The conditions, annoyances, and/or injuries created a substantial and unreasonable interference with the Plaintiffs' peaceful and quiet enjoyment of Plaintiffs' homes and community. 53. Plaintiffs are informed and believe, and thereon allege that, as a proximate result of the maintenance of the private nuisance by Defendants, Plaintiffs have suffered and continue to suffer discomfort and annoyance, all to their general damage in a sum to be determined at the time of trial. 54. A further direct and legal result of the nuisance created and maintained by the Defendants, the Plaintiffs have no adequate remedy at law for their injuries and damages and hereby requests the Court to frame a remedy that will preclude the Defendants from continuing to maintain the nuisance, including but not limited to, the construction and maintenance of the WESTERN Property and EMERALD Property so as to prevent improper discharge and -12- COMPLAINT channeling of surface water outside the natural flow, and further subsidence of the Plaintiffs' Properties. 55. Plaintiffs are informed and believe, and thereon allege that, as a result of the actions, inactions, or omissions of Defendants, Plaintiffs have suffered and will continue to suffer general, compensatory, and consequential damages, inclusive but not limited to investigative and remediation costs, diminution in value of their property, loss of use of their property, increased living expenses, and emotional distress, all in amounts to be proven at trial but in no event less than $2,000,000.00. 56. Plaintiffs pray that a mandatory and/or prohibitory injunction be issued, requiring Defendants to abate said nuisance and/or to perform any and all actions necessary to assess, investigate, and remediate the surface water channeling adjacent to, and in the vicinity of, Plaintiffs' Properties. 57. Pursuant to California Civil Procedure Section 731, Plaintiffs are entitled to damages in that the Defendants deprived Plaintiffs of the peaceful and quiet enjoyment of their Plaintiffs' Properties, and have suffered injuries and damages as more fully alleged above. IV. FOURTH CAUSE OF ACTION Trespass (Alleged against ALL DEFENDANTS) 1. Plaintiffs reiterate and incorporate by reference the foregoing paragraphs as though fully set forth herein. 2. Plaintiffs are, and at all relevant times herein mentioned were, the owners of th Plaintiffs' Properties. 3. Plaintiffs are informed and believe, and thereon allege that, Defendants, and eac of them, unreasonably interfered with Plaintiffs' Properties by causing the surface water to b -13- COMPLAINT improperly channeled outside of its natural flow onto Plaintiffs' Properties, thus floodin Plaintiffs' Properties. 4. As a proximate result, Plaintiffs have been, and continue to be, deprived of the beneficial use of Plaintiffs' Properties. 5. Plaintiffs are informed and believe, and thereon allege that, as a proximate result o the Defendants' wrongful trespass to Plaintiffs' Properties, surface water channeling has occurre. causing the Plaintiffs to suffer damages in an amount not precisely known, but in any event, i excess of, the Court's minimum jurisdiction amount in costs of repair and/or reconstruction, los value to the Plaintiffs' Properties, personal injuries and the related emotional distress. Said damag: will be demonstrated in a precise manner and according to proof at the time of trial. 6. Unless temporarily restrained and permanently enjoined from committing furthe trespass in violation of regulations and law, Defendants are jeopardizing the Plaintiffs' prope interests and causing the Plaintiffs irreparable injury from the destruction of their Plaintiffs' Properties. 7. Plaintiffs are informed and believe, and thereon allege, that Defendants have als caused extreme anxiety to Plaintiffs as a result of the Defendants' actions. 8. Plaintiffs have no adequate remedy at law for their injuries and damages and hereb request the Court to frame a remedy that will preclude the Defendants from continuing to trespas upon the interest of the Plaintiffs in the Plaintiffs' Properties by finding the Defendants hav: violated their duties according to statute. ti PRAYER WHEREFORE, Plaintiffs pray for judgment as follows: 1. General, compensatory, and consequential damages in an amount not currently known, but in excess of Two Million Dollars ($2,000,000.00) and which be shown -14- COMPLAINT according to proof at the time of trial; 2. Injunctive relief requiring defendants to abate the nuisance caused by the surface water channeling caused or allowed by defendants, and/or to perform any and all actions necessary to assess, investigate, and remediate the channeling of surface water adjacent to, and in the vicinity of, Plaintiffs' Properties; 3. Interest on all sums awarded, at the maximum legal rate; 4. Pre judgment interest on all sums awarded, at the maximum legal rate; 5. Costs of suit and such other and further relief as the Court deems just and proper. Dated: January 10, 2024 THE NAUMANN LAW FIRM, P.C. William H. Naumann Philip M. Kunka Frank Mascia Attorneys for Plaintiffs -15- COMPLAINT Electronically FILED by Superior Court of California, County of Riverside on 01/11/2024 09:43 AM Case Number CVR12400152 0000080717174 - Jason B. Galkin, Executive Officer/Clerk of the Court ByTaylor Lomuscio, Clerk CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): William H, Naumann (SBN 95771); Philip M. Kunka, Esq. (SBN: 312146) The Naumann Law Firm, PC, 10200 Willow Creek Rd., Suite 150, San Diego, CA 92131 TELEPHONE NO.: 858-792-7474 FAX NO.: 858-564-9380 EMAIL ADDRESS: ellna@naumannlegal.com ATTORNEY FOR (Name): Plaintiffs FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE STREET ADDRESS: 4050 Main Street MAILING ADDRESS: same CITY AND ZIP CODE: Riverside, CA BRANCH NAME: Central CASE NAME: Lynda Duran, et al. v. Westem National Builders, Inc., et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: 124- CI 01 5 2 I x Unlimited 1 1 Limited 1 I Counter 1 1 Joinder (Amount (Amount demanded demanded is exceeds $35,000) $35,000 or less) Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) JUDGE: DEPT.: Items 1-6 below must be completed (see instructions on page 2). 1 Check one box below for the case type that best describes this case: Auto Tort Contract Auto (22) Uninsured motorist (46) Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Asbestos (04) Product liability (24) Medical malpractice (45) Other PI/PDNVD (23) Non•PI/PDNVD (Other) Tort 1 Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Intellectual property (19) Professional negligence (25) I 1 Other non-PI/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) Breach of contract/warranty (06) Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Real Property Eminent domain/Inverse condemnation (14) Wrongful eviction (33) Other real property (26) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) Judicial Review Asset forfeiture (05) Petition re: arbitration award (11) Writ of mandate (02) Other judicial review (39) I I I I I Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment Enforcement of judgment (20) Miscellaneous Civil Complaint RICO (27) Other complaint (not specified above) (42) Miscellaneous Civil Petition Partnership and corporate governance (21) Other petition (not specified above) (43) 2. This case x I is I I is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. I x 1 Large number of separately represented parties b. I x 1 Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. I x Substantial amount of documentary evidence d. e. f. 3. Remedies sought (check all that apply): a. 1 x I monetary b. xl I 1 Large number of witnesses Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court Substantial postjudgment judicial supervision nonmonetary; declaratory or injunctive relief c. I punitive 4. Number of causes of action (specify): Negligence, Public and Private Nuisance, Trespass 5. This case I I is 1 x 1 is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You ma se for Date: January 9, 2024 William H. Naumann, Esq. (TYPE OR PRINT NAME) S NATUR OF PARTY OR ATTORNEY FOR PARTY) NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. . If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 CIVIL CASE COVER SHEET Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. January 1, 2024] Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Cal. Standards of Judicial Administration, std. 3.10 www.courfs.ca.gov INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time -for -service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter -designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Contract Auto Tort Provisionally Complex Civil Litigation (Cal. Auto (22)—Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Contract (not unlawful detainer Uninsured Motorist (46) (if the Construction Defect (10) or wrongful eviction) case involves an uninsured Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach —Seiler Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PIlPDtVI/D (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Tort Other Breach of Contraet/Warranty case type listed above) (41) Asbestos (04) Collections (e.g., money owed, open Enforcement of Judgment book accounts) (09) Asbestos Property Damage Enforcement of Judgment (20) Asbestos Personal Injury/ Collection Case —Seller Plaintiff Abstract of Judgment (Out of County) Wrongful Death Other Promissory NotelGoliections Case Confession of Judgment (non -domestic Product Liability (not asbestos or Insurance Coverage (not provisionally relations) toxic/environmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Coverage Medical Malpractice— Other (not unpaid taxes) Other Contract (37) Physicians & Surgeons Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Case Other PI/PDiWD (23) Real Property Miscellaneous Civil Complaint Premises Liability (e.g., slip Eminent Domainlinverse RICO (27) and fall) Condemnation (14) Other Complaint (not specified above) (42) Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Declaratory Relief Only (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Injunctive Relief Only (non - Intentional Infliction of Writ of Possession of Real Property harassment) Emotional Distress Mortgage Foreclosure Mechanics Lien Quiet Title Negligent infliction of Other Commercial Complaint Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex) domain, landlord/tenant, or Other PI/PDM(C7 Other Civil Complaint Non-PI/PD/WD (Other) Tort foreclosure) (non-tort/non-complex) Unlawful Detainer Business Tort/Unfair Business Miscellaneous Civil Petition Practice (07) Commercial (31) Partnership and Corporate Civil Rights (e.g., discrimination, Residential (32) Governance (21) false arrest) (not civil Drugs (38) (if the case involves illegal Other Petition (not specified above) (43) drugs, check this item; otherwise, harassment) (08) Civil Harassment Defamation (e.g., slander, libel) (13) report as Commercial or Residential) Workplace Violence Judicial Review Fraud (16) Elder/Dependent Adult Abuse Asset Forfeiture (05) Intellectual Property (19) Election Contest Professional Negligence (25) Petition Re: Arbitration Award (11) Petition for Name Change Writ of Mandate (02) Legal Malpractice Petition for Relief From Late Claim Other Professional Malpractice Writ —Administrative Mandamus Other Civil Petition (not medical or legal) Writ —Mandamus on Limited Court Other Non-PI/PDMID Tort (35) Case Matter Employment Writ —Other Limited Court Case Review Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeal —Labor Commissioner AnnPalc CM-010 [Rev. January 1, 2024] CIVIL CASE COVER SHEET Page 2 of 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC WILLIAM NAUMANN 10200 WILLOW CREEK RD SUITE 150 San Diego, CA 92131 NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC LYDIA IRENE DURAN NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC MARYAM AFSARZADEH NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC PATTY AFSARZADEH NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC JOSE JENNIFER A. ALVAREZ NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC MICHELLE S. ALVAREZ NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC JACOB BROYLES NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC DAVID DICKSON NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC JANET DICKSON NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC JOSEPH BALINGIT ESCOTO NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC ESTRELLA MIGIA ESCOTO NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC ROBBIN HAYES NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC IVAN HAYES NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC GREGORY DRAKE LAPIDUS NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC LINDA LESTER NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC KYOUNGHEE MARKUS NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC ALEXIS MULLINIX NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC MARK ORR NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC LALAINE B. POLO NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC MARLA STEINBERG NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC ANNA MARIE THOMPSON NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC JEFFREY C. THOMPSON NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC MATTHEW TODD NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC MALLORY TODD NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC WESTERN NATIONAL BUILDERS, INC NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC DESERT EMERALD, LLC NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 03/11/2024 8:30 AM Department 1 Location of Hearing: 4050 Main Street, Riverside, CA 92501 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non - evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 160-638-4172 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) I 6- Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 01 /11 /2024 CI-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk Notice has been printed for the following Firm/Attorneys or Parties: CVRI2400152 NAUMANN, WILLIAM 10200 WILLOW CREEK RD SUITE 150 San Diego, CA 92131 AFSARZADEH, MARYAM ALVAREZ, JOSE JENNIFER A. BROYLES, JACOB DICKSON, JANET ESCOTO, ESTRELLA MIGIA HAYES, IVAN LESTER, LINDA MULLINIX, ALEXIS POLO, LALAINE B. THOMPSON, ANNA MARIE TODD, MATTHEW WESTERN NATIONAL BUILDERS, INC DURAN, LYDIA IRENE AFSARZADEH, PATTY ALVAREZ, MICHELLE S. DICKSON, DAVID ESCOTO, JOSEPH BALINGIT HAYES, ROBBIN LAPIDUS, GREGORY DRAKE MARKUS, KYOUNGHEE ORR, MARK STEINBERG, MARLA THOMPSON, JEFFREY C. TODD, MALLORY DESERT EMERALD, LLC Page 53 of 53 Pages SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Historic Court House 4050 Main Street, Riverside, CA 92501 www.riverside.courts.ca.gov Case Number: CVR12400152 Case Name: DURAN vs WESTERN NATIONAL BUILDERS, INC NOTICE OF DEPARTMENT ASSIGNMENT The above entitled case is assigned to the Honorable Harold W. Hopp in Department 1 for All Purposes. Any disqualification pursuant to CCP section 170.6 shall be filed in accordance with that section. The court follows California Rules of Court, Rule 3.1308(a)(1) for tentative rulings (see Riverside Superior Court Local Rule 3316). Tentative Rulings for each law and motion matter are posted on the internet by 3:00 p.m. on the court day immediately before the hearing at http://riverside.courts.ca.gov/tentativerulings.shtml. If you do not have internet access, you may obtain the tentative ruling by telephone at (760) 904-5722. To request oral argument, you must (1) notify the judicial secretary at (760) 904-5722 and (2) inform all other parties, no later than 4:30 p.m. the court day before the hearing. If no request for oral argument is made by 4:30 p.m., the tentative ruling will become the final ruling on the matter effective the date of the hearing. The filing party shall serve a copy of this notice on all parties. I • • 6 Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) Dated: 01 /11 /2024 CI-NODACV (Rev. 02/16/21) JASON B. GALKIN, Court Executive Officer/Clerk of the Court T. Lomuscio, Deputy Clerk Electronically FILED by Superior Court of California, County of Riverside on 01/11 /2024 09:43 AM Case Number CVRI2400152 0000080717175 - Jason B. Galkin, Executive Officer/Clerk of the Court By Taylor Lomuscio, Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE ❑ BANNING 311 E. Ramsey St., Banning, CA 92220 ❑ BLYTHE 265 N. Broadway, Blythe, CA 92225 ❑ CORONA 505 S. Buena Vista, Rm. 201, Corona, CA 92882 ❑ MORENO VALLEY 13800 Heacock St., Ste. D201, Moreno Valley, CA 92553 ❑ MURRIETA 30755-D Auld Rd., Suite 1226, Murrieta, CA 92563 ❑ PALM SPRINGS 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 0 RIVERSIDE 4050 Main St., Riverside, CA 92501 I-CI032 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) William H. Naumann, Esq. (SBN: 95771); Philip M.Kunka, Esq. (SBN: 312146) The Naumann Law Firm, PC 10200 Willow Creek Rd., Suite 150 San Diego, CA 92131 TELEPHONE NO: 858-792-7474 FAX NO. (Optional): 858-564-9380 E-MAIL ADDRESS (Optional): elina@naumannlegal.com ATTORNEY FOR (Name): Plaintiff FOR COURT USE ONLY PLAINTIFF/PETITIONER: Lynda Duran, et al. DEFENDANT/RESPONDENT: Western National Builders, Inc., et al. CASE NUMBER: \/ICI24CI0152 CERTIFICATE OF COUNSEL The undersigned certifies that this matter should be tried or heard in the court identified above for the reasons specified below: 0 The action arose in the zip code of: El The action concerns real property located in the zip code of: 92211 ❑ The Defendant resides in the zip code of: For more information on where actions should be filed in the Riverside County Superior Courts, please refer to Local Rule 3115 at www.riverside.courts.ca.gov. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date January 10, 2024 William H. Naumann, Esq. (TYPE OR PRINT NAME OF O ATTORNEY 0 PARTY MAKING DECLARATION) (SIGNATURE) Page 1 of 1 Approved for Mandatory Use Riverside Superior Court RI-C1032 ]Rev. 07/15/21] CERTIFICATE OF COUNSEL Local Rule 3117 riverside.courts. ca.govllocalf rmsflocaHnns. shtnt Electronically FILED by Superior Court of California, County of Riverside on 04/04/2024 10:16 AM Case Number CVR12400152 0000088872954 - Jason B. Galkin, Executive Officer/Clerk of the Court ByJoanne Bishop, Clerk SUM-110 SUMMONS Cross -Complaint (CITACION JUDICIAL-CONTRADEMANDA) NOTICE TO CROSS -DEFENDANT: (AVISO AL CONTRA-DEMANDADO): WESTERN NATIONAL BUILDERS, INC., a California corporation - SEE ATTACHED YOU ARE BEING SUED BY CROSS -COMPLAINANT: (LO ESTA DEMANDANDO EL CONTRADEMANDANTE): DESERT EMERALD, LLC FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the cross -complainant. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self -Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self -Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. Tiene 30 DIAS DE CALENDARIO despues de que le entreguen esta citacion y papeles legates para presentar una respuesta por esqrito en esta corte y hacer que se entregue una copia al contrademandante. Una carta o una llamada telefonica no to protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentacion, pida al secretario de la corte que le de un formulario de exencion de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra guitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), o oniendose en contacto con la corte o el colegio de abogados locales. A VISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacion de $10,000 o mas de valor recibida mediante un acuerdo o una concesion de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: (El nombre y direccion de la corte es): Riverside Superior Court 4050 Main Street Riverside, CA 92501 SHORT NAME OF CASE (from Complaint): (Nombre de Caso): Lydia Irene Duran et al. v. Western National Builders, Inc., et al. CASE NUMBER: (NGmero del Caso): CVR12400152 The name, address, and telephone number of cross -complainant's attorney, or cross -complainant without an attorney, is: (El nombre, la direccion y el numero de telefono del abogado del contrademandante, o del contrademandante que no tiene abogado, es): Steven J. Cologne and Jacob T. Spaid CSB 118534 / 298832 619 236 1551 Higgs Fletcher & Mack LLP 401 West A Street, Suite 2600 San Diego, CA 92101 DATE: Clerk, by (Fecha) 0 04/2024 (Secretario) , Deputy (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons (POS-010).) NOTICE TO THE PERSON SERVED: You are served 1. ❑ as an individual cross -defendant. 2. ❑ as the person sued under the fictitious name of (specify): 3. ❑ on behalf of (specify): under: ❑ CCP 416.10 (corporation) ❑ CCP 416.20 (defunct corporation) ❑ ❑ CCP 416.40 (association or partnership) ❑ ❑ other (specify): 4. ❑ by personal delivery on (date): CCP 416.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person) Form Adopted for Mandatory Use Judicial Council of California SUM-110 [Rev. July 1, 2009] SUMMONS —CROSS -COMPLAINT Pagel of 1 Code of Civil Procedure, §§ 412.20, 428.60, 465 www.courtinfo.ca.gov SUM-200(A) SHORT TITLE: Duran v. Western National Builders, Inc. et al. CASE NUMBER: CVR12400152 INSTRUCTIONS FOR USE This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party.): ❑ Plaintiff ❑ Defendant ❑ Cross -Complainant ® Cross -Defendant WESTERN NATIONAL INVESTMENTS, a California corporation; WNG PALM DESERT, LP, a California limited partnership; GERALD FORD APARTMENTS, LP, a California limited partnership; CITY OF PALM DESERT, a Charter City and municipal corporation; COACHELLA VALLEY WATER DISTRICT, a public agency and independent district; SPANISH WALK COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation; and ROES 1 through 50, inclusive Page 2 of 2 Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California SUM-200(A) [Rev. January 1, 2007] ADDITIONAL PARTIES ATTACHMENT Attachment to Summons Electronically FILED by Superior Court of California, County of Riverside on 0410412024 10:16 AM Case Number CVRI2400152 0000088872953 - Jason B. Galkin, Executive Officer'Clerk of the Court By Joanne Bishop, Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEVEN J. COLOGNE (Bar No. 118534) scologne@higgslaw.com JACOB T. SPAID (Bar No. 298832) spaidj@higgslaw.com HIGGS FLETCHER & MACK LLP 401 West A Street, Suite 2600 San Diego, California 92101-7910 Telephone: (619) 236-1551 Facsimile: (619) 696-1410 Attorneys for Defendant / Cross -Complainant DESERT EMERALD, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE, RIVERSIDE HISTORIC COURTHOUSE LYDIA IRENE DURAN, an individual; MARYAM AFSARZADEH and PATTY AFSARZADEH as individuals; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ as individuals; JACOB BROYLES, an individual; DAVID DICKSON and JANET DICKSON as individuals; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO as individuals; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS, an individual; LINDA LESTER, an individual; KYOUNGHEE MARKUS, an individual; ALEXIS MULLINIX, an individual; CAROLINE SCOTT, an individual; MARK ORR, an individual; LALAINE B. POLO, an individual; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON and JEFFREY C. THOMPSON as individuals; MATTHEW TODD and MALLORY TODD as individuals; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and Trustees of the Keith J. an Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual. Plaintiffs, v. WESTERN NATIONAL BUILDERS, INC., a California corporation; DESERT EMERALD, LLC.; a California limited liability company; DOE 1 - WESTERN NATIONAL INVESTMENTS, a Case No. CVRI2400152 DEFENDANT / CROSS -COMPLAINANT DESERT EMERALD, LLC'S CROSS - COMPLAINT DEPT.: JUDGE: ACTION FILED: TRIAL DATE: 1 Hon. Harold W. Hopp January 11, 2024 Not Set HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California corporation; DOE 2 - WNG PALM DESERT, LP, a California limited partnership; DOE 3 - GERALD FORD APARTMENTS, LP, a California limited partnership; and DOES 4 through 100, inclusive, Defendants. DESERT EMERALD, LLC Cross -Complainant, v. WESTERN NATIONAL BUILDERS, INC., a California corporation; WESTERN NATIONAL INVESTMENTS, a California corporation; WNG PALM DESERT, LP, a California limited partnership; GERALD FORD APARTMENTS, LP, a California limited partnership; CITY OF PALM DESERT, a Charter City and municipal corporation; COACHELLA VALLEY WATER DISTRICT, a public agency and independent district; SPANISH WALK COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation; and ROES 1 through 50, inclusive Cross -Defendants Defendant DESERT EMERALD, LLC ("DESERT EMERALD"), by and through its counsel of record, hereby cross -complains against Cross -Defendants WESTERN NATIONAL BUILDERS, INC., a California corporation; WESTERN NATIONAL INVESTMENTS, a California corporation; WNG PALM DESERT, LP, a California limited partnership; GERALD FORD APARTMENTS, LP, a California limited partnership; CITY OF PALM DESERT, a Charter City and municipal corporation; COACHELLA VALLEY WATER DISTRICT, a public agency and independent district; SPANISH WALK COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation; and ROES 1 through 50, inclusive, (collectively, "Cross -Defendants"), and each of them, as follows: /// HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 2 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARTIES AND JURISDICTION 1. DESERT EMERALD is, and at all relevant times herein mentioned was, a California limited liability company. 2. Cross -Defendant WESTERN NATIONAL BUILDERS, INC. ("WESTERN BUILDERS"), is, and at all relevant times herein mentioned was, a California corporation. 3. Cross -Defendant WESTERN NATIONAL INVESTMENTS ("WESTERN INVESTMENTS") is, and at all relevant times herein mentioned was, a California corporation. 4. Cross -Defendant WNG PALM DESERT, LP ("WNG"), is, and at all relevant times herein mentioned was, a California limited partnership. 5. Cross -Defendant GERALD FORD APARTMENTS, LP ("GERALD FORD"), is, and at all relevant times herein mentioned was, a California limited partnership. 6. Cross -Defendant CITY OF PALM DESERT ("CITY") is, and all relevant times herein mentioned was, a California Charter City and municipal corporation. DESERT EMERALD is submitting to the CITY a claim pursuant to California Government Code sections 900 et seq. simultaneously with the filing of this Cross -Complaint. DESERT EMERALD will serve this Cross -Complaint upon the CITY if/when the CITY denies or fails to timely respond to DESERT EMERALD's claim. 7. Cross -Defendant COACHELLA VALLEY WATER DISTRICT ("DISTRICT") is, and all relevant times herein mentioned was, a California public agency and independent district. DESERT EMERALD is submitting to the DISTRICT a claim pursuant to California Government Code sections 900 et seq. simultaneously with the filing of this Cross -Complaint. DESERT EMERALD will serve this Cross -Complaint upon the DISTRICT if/when the DISTRICT denies or fails to timely respond to DESERT EMERALD's claim 8. Cross -Defendant SPANISH WALK COMMUNITY ASSOCIATION ("ASSOCIATION") is, and all relevant times herein mentioned was, a California nonprofit mutual benefit corporation. 9. The true names and capacities, whether individual, corporate, associate or otherwise, of Cross -Defendants ROES 1 through 50, inclusive, are unknown to DESERT HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 3 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EMERALD, who therefore sues said Cross -Defendants by such fictitious names and will ask leave of court to show their true names and capacities when the same have been ascertained. DESERT EMERALD is informed and believes and thereupon alleges that each of said Cross -Defendants are, negligently or in some other actionable manner, legally responsible for proximately causing the events, happenings, and occurrences referred to herein. 10. DESERT EMERALD is informed and believes, and upon such information and belief alleges, that at all times mentioned Cross -Defendants were the agents, employees, co - venturers, partners, successors in interest, or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency and employment. Further, Cross -Defendants authorized, ratified, or otherwise accepted the benefits of the actions of each of the others, at all times mentioned herein. In addition, Cross -Defendants, when acting as a principal, were negligent in the selection of each and every other Cross -Defendant as an agent, servant, employee, successor in interest, and/or joint venturer. 11. On or about January 11, 2024, Plaintiffs LYDIA IRENE DURAN and others filed a Complaint naming as a defendant, among others, DESERT EMERALD, in the Riverside Superior Court, Case No. CVRI2400152. On February 21, 2024, Plaintiffs LYDIA IRENE DURAN, an individual; MARYAM AFSARZADEH and PATTY AFSARZADEH as individuals; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ as individuals; JACOB BROYLES, an individual; DAVID DICKSON and JANET DICKSON as individuals; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO as individuals; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS, an individual; LINDA LESTER, an individual; KYOUNGHEE MARKUS, an individual; ALEXIS MULLINIX, an individual; CAROLINE SCOTT, an individual; MARK ORR, an individual; LALAINE B. POLO, an individual; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON and JEFFREY C. THOMPSON as individuals; MATTHEW TODD and MALLORY TODD as individuals; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and Trustees of the Keith J. an Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual ("Plaintiffs") filed a HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 4 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 First Amended Complaint ("FAC") naming as a defendant, among others, DESERT EMERALD, in the Riverside Superior Court, Case No. CVRI2400152. Plaintiffs' FAC is attached hereto as "Exhibit A," and by this reference is incorporated herein as though set forth in full, solely for the purpose of establishing jurisdiction, and without admitting the truth of the allegations thereof. 12. The subject matter of this Cross -Complaint arises from the same set of facts and is directly related to Plaintiffs FAC. 13. DESERT EMERALD denies any negligence or wrongdoing on its part, or on the part of its employees, or that it is obligated to Plaintiffs for damages in any sum or at all. GENERAL ALLEGATIONS 14. In the FAC, Plaintiff alleges that on or about August 21, 2023, Plaintiffs' real property was damages as the result of flooding from a rain storm. Plaintiffs allege their "homes have been flooded and common spaces destroyed by surface water improperly and unnaturally channeled, to the detriment of downhill neighbors and the community at large, from the Defendants' properties to the Plaintiffs' Properties" (the "Incident"). 15. DESERT EMERALD is informed and believes, and on that basis alleges, that at the time of the Incident, Cross -Defendants owned, leased, occupied, controlled, maintained, managed, and/or operated the properties surrounding Plaintiffs' and DESERT EMERALD'S properties. 16. DESERT EMERALD is informed and believes, and on that basis alleges, that at the time of the Incident, Cross -Defendants violated certain building codes, construction codes, statutes, regulations, and/or ordinances, which was the proximate cause of Plaintiff's injuries and other damages. 17. Plaintiffs alleges they sustained injuries as a result of the Incident. If true, Plaintiffs' injuries are the proximate result solely of acts and omissions by Cross -Defendants. 18. DESERT EMERALD alleges that, at all relevant times, Cross -Defendants had a duty to ensure the Plaintiffs' properties was safe and free from injurious water intrusion. 19. DESERT EMERALD alleges that Cross -Defendants breached this duty and acted unreasonably in performing this duty at the time of the Incident and the events leading up to the Incident by, among other things, negligently performing, or failing to perform, certain HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 5 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 construction or construction -related activities, and which caused Plaintiffs' injuries and other damages. 20. DESERT EMERALD denies that it, including its employees, caused or contributed to the occurrence of the Incident and at all times acted reasonable and within the applicable standard of care. FIRST CAUSE OF ACTION (Equitable Indemnity and Contribution as to all Cross -Defendants and ROES 1-25) 21. DESERT EMERALD incorporates by reference paragraphs 1 through 20 as if the same were set forth in full herein. 22. DESERT EMERALD alleges that Cross -Defendants are, and at all relevant times were, the party or parties responsible, in whole or in part, for Plaintiffs' alleged injuries. The injuries and damages for which DESERT EMERALD are sued are attributable, at least in part, to Cross -Defendants' actions. 23. DESERT EMERALD denies that owns or controls the properties owned and/or controlled by Cross -Defendants, and that it either caused or contributed to the damages alleged by Plaintiffs in their FAC. 24. In equity and good conscience, if Plaintiffs recover against DESERT EMERALD, then DESERT EMERALD is entitled to full or partial indemnity and from Cross -Defendants, and each of them, according to their respective fault or negligence, and for the injuries and damages, if any, allegedly suffered by Plaintiffs, as a result of any judgment, verdict, settlement or arbitration award against DESERT EMERALD based on Plaintiffs' FAC, and for reasonable attorneys' fees and costs incurred in defending this action. SECOND CAUSE OF ACTION (For Apportionment as to all Cross -Defendants and ROES 1-25) 25. DESERT EMERALD incorporates by reference paragraphs 1 through 24 as if the same were set forth in full herein. 26. Cross -Defendants are culpable and at fault and negligent in proximately causing and contributing to the injuries and damages allegedly suffered by Plaintiffs. HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 6 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. In the event DESERT EMERALD is held liable to Plaintiffs in this action, DESERT EMERALD will be entitled to an allocation of liability among, contribution from, or indemnity from Cross -Defendants, and each of them, depending upon a jury's finding, on a percentage of fault basis. THIRD CAUSE OF ACTION (For Declaratory Relief as to all Cross -Defendants and ROES 1-25) 28. DESERT EMERALD incorporates by reference paragraphs 1 through 27 as if the same were set forth in full herein. 29. By reason of the forgoing, a dispute has arisen and an actual controversy exists between DESERT EMERALD and Cross -Defendants, and each of them, concerning their respective rights, duties, and obligations and in particular with respect to the obligations of Cross - Defendants, and each of them, to indemnify and hold harmless DESERT EMERALD. Therefore, DESERT EMERALD respectfully requests a declaration of the rights and duties of the parties herein. 30. DESERT EMERALD desires a judicial declaration to determine the rights and duties of the parties with respect to the matters alleged in this Cross -Complaint. FOURTH CAUSE OF ACTION (For Contractual Indemnity against the ASSOCIATION and ROES 26-50) 31. DESERT EMERALD incorporates by reference paragraphs 1 through 30 as if the same were set forth in full herein. 32. The ASSOCIATION further owes contractual obligations to DESERT EMERALD, including pursuant to the Reciprocal Easements and Maintenance Agreement, recorded as DOC#2016-0050240 in the Official Records for the County of Riverside, dated February 3, 2016, and incorporated by reference herein. 33. Pursuant to that agreement, and all documents referenced therein, DESERT EMERALD granted to the ASSOCIATION "a non-exclusive easement on, over, under, through and across that portion of [DESERT EMERALD's property] ... for the purpose of maintaining, repairing, and replacing the vinyl fence which shall include a vehicle gate to be used solely for HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 7 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 emergency access purposes[.]" 34. Further, the ASSOCIATION "shall be solely responsible for all costs associated with the repair, maintenance and replacement of the Drainage Facilities and the Easement Area[.]" 35. And the ASSOCIATION "shall indemnify and defend [DESERT EMERALD] against any claim, liability or expense for injuries to or death of persons or damage to property to the extent arising from the [ASSOCIATION's] use of the Emergency Access Easement of the Fence Maintenance Easement[.]" 36. The ASSOCIATION is also required to defend and indemnify DESERT EMERALD, pursuant to the Parties' Drainage Easement Agreement, recorded as DOC#2008- 0051059 in the Official Records for the County of Riverside, dated January 5, 2008, and referenced in the Reciprocal Easements and Maintenance Agreement and incorporated by reference herein, "against any claim, liability or expense for injuries to or death of persons or damage to property (specifically including the Easement Area and the remainder of the Grantor Property) to the extent arising from [the ASSOCIATION's] use of the Easement Area pursuant to this Agreement." 37. The ASSOCIATION is required to obtain and maintain insurance in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, with DESERT EMERALD named as an additional insured, and with a waiver of subrogation only in favor of DESERT EMERALD. 38. These agreements also entitle the prevailing party in any action to recovery reasonable attorneys' fees. 39. The injuries alleged by Plaintiffs in the FAC was caused by the ASSOCIATION's repair, maintenance and replacement of the Drainage Facilities and the Easement Area as described in the Reciprocal Easements and Maintenance Agreement. 40. Accordingly, DESERT EMERALD is entitled to indemnification for all amounts incurred in this action, including attorneys' fees and any judgment amount against DESERT EMERALD. /// /// HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 8 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRAYER Cross -Complainant DESERT EMERALD, LLC, prays for judgment against Cross - Defendants, and each of them, herein as follows: 1. For complete indemnification according to proof; 2. For partial indemnification according to proof; 3. For an allocation in contribution on a percentage of fault basis against Cross - Defendants, and each of them, in the event DESERT EMERALD, LLC, is held liable to Plaintiffs; 4. For a judicial determination that Cross -Defendants, and each of them, were the legal cause of any injuries and damages sustained by Plaintiffs and that Cross -Defendants, and each of them, shall indemnify DESERT EMERALD, LLC, either completely or partially, for any sums of money which may be recovered against DESERT EMERALD, LLC, by Plaintiffs. 5. For fees and costs of suit incurred herein; 6. For attorneys' fees and costs incurred defending against the lawsuit filed by the Plaintiffs; 7. For such other and further relief as the Court may deem just and proper. Dated: March 26, 2024 HIGGS FLETCHER & MACK LLP By: STEVEN J. COLOGNE JACOB T. SPAID Attorneys for Defendant / Cross -Complainant DESERT EMERALD, LLC HIGGS FLETCHER & MACK LLP ATTORNEYS AT LAW SAN DIEGO 12226414.1 9 DEFENDANT DESERT EMERALD, LLC's CROSS -COMPLAINT EXHIBIT A Electronically FILED by Superior Court of California, County of Riverside on 02/21/2024 10:18 AM Case Number CVR12400152 0000004593553 - Jason B. 0alkin, Executive Officer/Clerk ofthe Court By Carmen Mundo, Clerk William H. Naumann, Esq., SBN 95771 Philip M. Kunka, Esq., SBN 312146 Frank Mascia, Esq., SBN 351793 THE NAUMANN LAW FIRM, PC 10200 Willow Creek Road, Suite 150 San Diego, CA 92131 Phone: (858) 792-7474 Facsimile: (858) 564-9380 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE LYDIA IRENE DURAN, an individual; MARYAM AFSARZADEH and PATTY AFSARZADEH as individuals; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ as individuals; JACOB BROYLES, an individual; DAVID DICKSON and JANET DICKSON as individuals; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO as individuals; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS, an individual; LINDA LESTER, an individual; KYOUNGHEE MARKUS, an individual; ALEXIS MULLINIX, an individual; CAROLINE SCOTT, an individual; MARK ORR, an individual; LALAINE B. POLO, an individual; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON and JEFFREY C. THOMPSON as individuals; MATTHEW TODD and MALLORY TODD as individuals; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and Trustees of the Keith J. an Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual. Plaintiffs vs. WESTERN NATIONAL BUILDERS, INC., a California corporation; DESERT EMERALD, LLC.; a California limited liability company; DOE 1 - WESTERN NATIONAL INVESTMENTS, a California corporation; DOE 2 - WNG PALM DESERT, LP, a California limited partnership; DOE 3 - GERALD FORD APARTMENTS, LP, a California limited partnership; and DOES 4 through 100, inclusive, Defendants. Case No.: CVRI2400152 FIRST AMENDED COMPLAINT FOR: 1. NEGLIGENCE 2. PUBLIC NUISANCE 3. PRIVATE NUISANCE 4. TRESPASS DEMAND FOR JURY TRIAL -1- FIRST AMENDED COMPLAINT Plaintiffs demand a jury trial and against each of the defendants and allege as follows: PRELIMINARY ALLEGATIONS 1. Plaintiffs, LYDIA IRENE DURAN; MARYAM AFSARZADEH and PATTY AFSARZADEH; JOSE JENNIFER A. ALVAREZ and MICHELLE S. ALVAREZ; JACOB BROYLES; DAVID DICKSON and JANET DICKSON; JOSEPH BALINGIT ESCOTO and ESTRELLA MIGIA ESCOTO; ROBBIN HAYES and IVAN HAYES, as individuals and as Trustees of Hayes Family Trust, dated 06/02/2003; GREGORY DRAKE LAPIDUS; LINDA LESTER; KYOUNGHEE MARKUS; ALEXIS MULLINIX; MARK ORR; LALAINE B. POLO; CAROLINE SCOTT; MARLA STEINBERG, as an individual and as Trustee of Steinberg Family Trust; ANNA MARIE THOMPSON, JEFFREY C. THOMPSON; MATTHEW TODD and MALLORY TODD; KEITH J. HAMILTON and DEBRA S. HAMILTON as individuals and as Trustees of the Keith J. and Debra S Hamilton Revocable Trust; and PEDRO DANIEL REYES, an individual; (collectively "Plaintiffs"), each bring this action individually. 2. Plaintiffs, at all times relevant herein, were and are residents of Palm Desert, County of Riverside, State of California, and owners of the Plaintiffs' Properties as follows: PLAINTIFF PROPERTY ADDRESS 1 Lydia Irene Duran 259 Calle Siempre Palm Desert, CA 92211 2 Linda Lester 254 Paseo Bravo Palm Desert, CA 92211 3 Ivan Hayes and Robbin Hayes, Trustees of the Hayes Family Trust, dated June 2nd, 2003 269 Calle Siempre Palm Desert, CA 92211 4 Matthew Todd and Mallory Todd 251 Calle Siempre Palm Desert, CA 92211 5 Maryam Afsarzadeh and Patty Afsarzadeh 261 Calle Siempre Palm Desert, CA 92211 -2- FIRST AMENDED COMPLAINT 6 Alexis Mullinix 244 Paseo Bravo Palm Desert, CA 92211 7 Jose Jennifer A. Alvarez and Michelle S. Alvarez 262 Paseo Bravo Palm Desert, CA 92211 8 Jacob Broyles 255 Calle Siempre Palm Desert, CA 92211 9 David Dickson and Janet Dickson 266 Paseo Bravo Palm Desert, CA 92211 10 Joseph Balingit Escoto and Estrella Migia Escoto 260 Paseo Bravo Palm Desert, CA 92211 11 Kyounghee Markus 256 Paseo Bravo Palm Desert, CA 92211 12 Mark Orr 258 Paseo Bravo Palm Desert, CA 92211 13 Lalaine B. Polo 246 Paseo Bravo Palm Desert, CA 92211 14 The Steinberg Family Trust; Trustee Marla Steinberg 249 Calle Siempre Palm Desert, CA 92211 15 Anna Marie Thompson and Jeffrey C. Thompson 257 Calle Siempre Palm Desert, CA 92211 16 Gregory Drake Lapidus 263 Calle Siempre Palm Desert, CA 92211 17 Caroline Scott 264 Paseo Bravo Palm Desert, CA 92211 18 Keith J. Hamilton and Debra S. Hamilton, Trustees of the Keith J. Hamilton and Debra S Hamilton Revocable Trust 265 Calle Siempre Palm Desert, CA 92211 -3- FIRST AMENDED COMPLAINT 19 Pedro Daniel Reyes 252 Paseo Bravo Palm Desert, CA 92211 3. Defendants, WESTERN NATIONAL BUILDERS, INC. ("WESTERN"); DESERT EMERALD, LLC. ("EMERALD"); WESTERN NATIONAL INVESTMENTS ("WNI"), as DOE 1; WNG PALM DESERT, LP ("WNG"), as DOE 2; GERALD FORD APARTMENTS, LP ("GFA"), as DOE 3; and Does 4-100 (herein collectively "Defendants"), and each of them, are the owners, planners, developers, designers, architects, engineers, mass producers, merchants, contractors, subcontractors, and/or material suppliers of the properties located at 75580 Gerald Ford Drive Palm Desert, California 92211 ("WESTERN Property") and 76000 Frank Sinatra Drive Palm Desert, California 92211 ("EMERALD Property") respectively. 4. This is an action to recover the cost to repair damage to the homes of the plaintiffs ("Plaintiffs' Properties") owned by Plaintiffs located in Palm Desert, California. Among other things, Plaintiffs seek reimbursement for past repairs and costs to investigate the extent of damage, the potential for reoccurrence, and determine the proper repairs. DEFENDANTS 5. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN is and was a California corporation, and has conducted business within the County of Riverside, State of California. 6. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 7. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD is and was a California limited liability company, and has conducted business within the County of Riverside, State of California. 8. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD was responsible for the development, construction, improvement, and management of the EMERALD Property during the relevant period. -4- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Plaintiffs are informed and believe and thereupon allege that Defendant WNI is and was a California corporation, and has conducted business within the County of Riverside, State of California. 10. Plaintiffs are informed and believe and thereupon allege that Defendant WNI was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 11. Plaintiffs are informed and believe and thereupon allege that Defendant WNG is and was a California corporation, and has conducted business within the County of Riverside, State of California. 12. Plaintiffs are informed and believe and thereupon allege that Defendant WNG was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 13. Plaintiffs are informed and believe and thereupon allege that Defendant GFA is and was a California corporation, and has conducted business within the County of Riverside, State of California. 14. Plaintiffs are informed and believe and thereupon allege that Defendant GFA was responsible for the development, construction, improvement, and management of the WESTERN Property during the relevant period. 15. Defendants Does 4-100, inclusive, whether individual, corporate, associate or otherwise are fictitious names of Defendants whose true names and capacities, at this time, are unknown to Plaintiffs. Plaintiffs are informed and believe and thereon allege that at all times herein mentioned each of the Defendants sued herein as DOE was the agent, servant, and employee of his or her co-defendants, and in doing things hereinafter mentioned was acting in the scope of his or her authority as such agent, servant, and employee, and with the permission and consent of his or her co-defendants; and that each of said fictitiously named Defendants, whether an agent, corporation, association, or otherwise, is in some way liable or responsible to Plaintiffs on the facts hereinafter alleged, and caused injuries and damages proximately thereby as -5- FIRST AMENDED COMPLAINT hereinafter alleged; that, at all times herein mentioned, each of the Defendants sued herein Does 1-100 were in some manner or fashion, by contract or otherwise the successors, assigns, joint - venturers, co -venturers, partners, or were otherwise involved with Defendants in the development, construction, and management of the Subject Property and that by virtue of such capacity, assumed the obligations herein owed by Defendants to Plaintiffs and are liable and responsible to Plaintiffs on the facts herein alleged for all the damages sought; and that at all times herein mentioned each of said Defendants sued herein as Does 4-100 participated in some manner as a contractor, subcontractor, materialman, supplier of goods, or otherwise in the works of building and construction of the EMERALD Property or the WESTERN Property. When Defendants' true names become known to Plaintiffs, Plaintiffs will ask leave of this Court to amend this Complaint to insert said true names and capacities. 16. Plaintiffs are informed and believe and thereon allege that Defendants, and each of them, are, and at all times relevant herein, among other things, negligently, carelessly, recklessly, and/or unlawfully changed the drainage of surface water on the WESTERN Property and EMERALD Property and/or acted or failed to act in such a way as to place all of their downhill neighbors at substantial risk of serious harm including Plaintiffs. GENERAL ALLEGATIONS 17. Plaintiffs are informed and believe and thereupon allege that Defendant WESTERN is a construction corporation which began building a large, 150-unit residential development containing eight apartment buildings of three stories each, a community room, a playground, a pharmacy, a medical clinic, and a clubhouse on the 6.82-acre WESTERN Property in or around May 2022. 18. Plaintiffs are informed and believe and thereupon allege that Defendant EMERALD is a self -described luxury RV resort which contains 254 RV sites catering to RVs ranging in length from 38 to 65 feet long for short term stays, and an untold number of "villas" that can be booked on the property for the RV -less. 19. Plaintiffs are informed and believe and thereupon allege that the perimeter of the -6- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EMERALD Property is surrounded by a combination of brick and PVC barrier that rises no fewer than three feet high and has no clearance at the bottom. 20. Plaintiffs Properties are flanked to the west by the WESTERN Property and flanked to the east by the EMERALD Property. 21. Plaintiffs are informed and believe, and thereon allege that earth -moving, and other work related to construction of the WESTERN Property altered the natural flow of surface water on the WESTERN Property, resulting in flooding and damages to Plaintiffs Properties. 22. Plaintiffs are informed and believe, and thereon allege that Defendants took no mitigation measures to protect their neighbors, such as the Plaintiffs, from the increased risk of irregular downstream surface water flow. 23. Plaintiffs are informed and believe, and thereon allege that Defendants' actions, conduct, and management of the EMERALD Property, a large RV resort for short-term stays where flat spaces are maintained by Defendants for the purpose of being occupied by enormous vehicles which are frequently coming and going, altered the natural flow of surface water on the EMERALD Property to the detriment of the Plaintiffs. 24. Plaintiffs are informed and believe, and thereon allege that Defendants took no mitigation measures to protect their neighbors, such as the Plaintiffs, from the increased risk of irregular downstream water flow. 25. Plaintiffs are informed and believe, and thereon allege that the Defendants' construction and maintenance of EMERALD Property's perimeter wall altered the natural flow of surface water, and is channeling surface water onto adjacent properties, including the Plaintiffs' Properties. 26. Plaintiffs are informed and believe, and thereon allege that the EMERALD Property's perimeter wall improperly and unnaturally channels surface water away from the EMERALD Property and onto Plaintiffs' Properties, resulting in flooding and damages. 27. Plaintiffs are informed and believe and thereon allege that the EMERALD Property's wall and gate essentially function as a levee (an embankment to prevent the outflow -7- FIRST AMENDED COMPLAINT of a river, common in hurricane -prone localities). 28. Plaintiffs are informed and believe, and thereon allege that the result is that torrential volumes of surface water are channeled off of the WESTERN Property and onto the Plaintiffs' Properties where it flows up against the wall on the EMERALD Property, causing the water to pool and flood onto the Plaintiffs' Properties, resulting in damages. 29. On or about August 21, 2023, the Plaintiffs' Properties and the surrounding area were subject to heavy rains that made the news. 30. Plaintiffs are informed and believe that during the August 2023 rains, Plaintiffs made a request to EMERALD that EMERALD open the gates of the EMERALD property to allow water to flow naturally. However, EMERALD refused to the detriment of Plaintiffs, resulting in flooding and damages to Plaintiffs' Properties. 31. As a result of the WESTERN Property's and the EMERALD Property's designs, the Plaintiffs' Properties were flooded during the August 2023 rains. 32. Plaintiffs are residents of the Spanish Walk community whose homes have been flooded and common spaces destroyed by surface water improperly and unnaturally channeled, to the detriment of downhill neighbors and the community at large, from the Defendants' properties to the Plaintiffs' Properties. 33. Plaintiffs live in fear of rain as no corrective or mitigating actions have been taken by Defendants to cease the altered surface water flow. ALTER EGO ALLEGATIONS 34. Plaintiffs are informed and believe, and thereon allege that at all relevant times, as alleged more fully herein, each Defendant acted as an agent, servant, employee, co-conspirator, alter -ego and/or joint venturer of the other Defendants, and in doing the things alleged herein acted within the course and scope of such agency, employment, alter -ego and/or in furtherance of the joint venture. Each of the Defendant's acts alleged herein was done with the permission and consent of each of the other Defendants. 35. Plaintiffs are informed and believe, and thereon allege that at all times relevant hereto, WESTERN was the alter ego of WNI, and there exists, and at all times herein mentioned -8- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 has existed, a unity of interest and ownership between WESTERN and WNI such that any separateness between them has ceased to exist in that WNI completely controlled, managed, and operated WESTERN to suit its convenience. 36. Specifically, at all times relevant hereto, WNI (1) controlled the business and affairs of WESTERN; (2) commingled the funds and assets of the corporate entities, and diverted corporate funds and assets for its own use; (3) disregarded legal formalities and failed to maintain arm's length relationships among the corporate entities; (4) used the corporate entities as mere shells, instrumentalities, or conduits for itself and/or its individual businesses; (5) used corporate entities to conceal their ownership, management and financial interests and/or personal business activities; and/or (6) used the corporate entities to shield against its obligations, and in particular the obligations as alleged in this Complaint. 37. At all times relevant hereto, WNG was the alter ego of WNI, and there exists, and at all times herein mentioned has existed, a unity of interest and ownership between WNG and WNI such that any separateness between them has ceased to exist in that WNI controlled, managed, and operated WNG to suit its convenience. 38. Specifically, at all times relevant hereto, WNI (1) controlled the business and affairs of WNG; (2) commingled the funds and assets of the corporate entities, and diverted corporate funds and assets for its own use; (3) disregarded legal formalities and failed to maintain arm's length relationships among the corporate entities; (4) used the corporate entities as mere shells, instrumentalities, or conduits for itself and/or its individual businesses; (5) used corporate entities to conceal their ownership, management and financial interests and/or personal business activities; and/or (6) used the corporate entities to shield against its obligations, and in particular the obligations as alleged in this Complaint. 39. Plaintiffs are informed and believe, and thereon allege that at all times relevant hereto, GFA was the alter ego of WNI, and there exists, and at all times herein mentioned has existed, a unity of interest and ownership between GFA and WNI such that any separateness between them has ceased to exist in that WNI completely controlled, managed, and operated GFA to suit its convenience. 40. Specifically, at all times relevant hereto, WNI (1) controlled the business and -9- FIRST AMENDED COMPLAINT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 affairs of GFA; (2) commingled the funds and assets of the corporate entities, and diverted corporate funds and assets for its own use; (3) disregarded legal formalities and failed to maintain arm's length relationships among the corporate entities; (4) used the corporate entities as mere shells, instrumentalities, or conduits for itself and/or its individual businesses; (5) used corporate entities to conceal their ownership, management and financial interests and/or personal business activities; and/or (6) used the corporate entities to shield against its obligations, and in particular the obligations as alleged in this Complaint. 41. At all times relevant, there existed a unity of interest and ownership such that the individuality or separateness of WESTERN, WNG, GFA, and WNI ceased to exist, and the facts are such that an adherence to the fiction of the separate existence of these entities would sanction a fraud or promote an injustice. (See Automotriz del Golfo de California v. Resnick 42 Ca1.2d 792 (1957)). 42. Plaintiffs are informed and believe that at all relevant times mentioned herein, the acts of the business entities involved were performed by an employee, agent, officer, servant and/or representative of WESTERN, WNG, GFA, or WNI. I. FIRST CAUSE OF ACTION NEGLIGENCE (Alleged against ALL DEFENDANTS) 43. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 44. Plaintiffs own and reside on property adjacent to the WESTERN and EMERALD Properties. 45. The WESTERN Property is located uphill in relation to Plaintiffs' Properties. 46. The EMERALD Property is located uphill in relation to Plaintiffs' Properties. 47. Plaintiffs are informed and believe and thereon allege that Defendants negligently, carelessly, recklessly, and/or unlawfully altered the natural flow of surface water on the EMERALD Property, altered the drainage of surface waters on the EMERALD Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream -10- FIRST AMENDED COMPLAINT waterflow from the EMERALD Property, placing all of EMERALD's downhill neighbors at substantial risk of serious harm, including Plaintiffs. 48. Plaintiffs are informed and believe and thereon allege that Defendants, carelessly, recklessly, and/or unlawfully altered the natural flow of surface water on the WESTERN Property, altered the drainage of surface waters on the WESTERN Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream waterflow from the WESTERN Property, placing all of WESTERN's downhill neighbors, including the Plaintiffs, at substantial risk of serious harm. 49. On or about August 21, 2023, following rains in Palm Desert, CA, and as a result of Defendants' negligence and/or failure to avoid foreseeable damage to Plaintiffs, the WESTERN and EMERALD Properties, due to improper surface water drainage, channeled surface water onto the Plaintiffs' Properties resulting in catastrophic damage. 50. Plaintiffs are informed and believe, and thereon allege that, as a direct and legal result of the said wrongful conduct Defendants, Plaintiffs have sustained serious damage to Plaintiffs' Properties, loss of their use of their homes, loss of value of their homes, emotional distress, consequential damages, and other damages in amounts to be proven at trial, but in no event less than $2,000,000.00. II. SECOND CAUSE OF ACTION PUBLIC NUISANCE (Alleged against ALL DEFENDANTS) 51. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 52. Plaintiffs are informed and believe, and based thereon allege, that Defendants, and each of them, unreasonably interfered with the Plaintiffs' Properties by altering the drainage of surface waters on the WESTERN Property and EMERALD Property, and otherwise acted or failed to act in such a way as to increase the risk of irregular downstream waterflow from the -11- FIRST AMENDED COMPLAINT WESTERN Property and EMERALD Property, placing all of WESTERN's and EMERALD's downhill neighbors, including the Plaintiffs, at substantial risk of serious harm. As a proximate result, Plaintiffs have been, and continue to be, deprived of the beneficial use of their Plaintiffs' Properties due to the flooding and damages caused by the Defendants. 53. Plaintiffs are informed and believe, and based thereon allege, that Defendants' mismanagement of the EMERALD Property and WESTERN Property is allowing a large amount of water to be unnaturally channeled from the EMERALD Property and WESTERN Property into the Plaintiffs' Properties. 54. Plaintiffs are informed and believe, and based thereon allege, that Defendants' mismanagement of the EMERALD Property and WESTERN Property has resulted in flooding and damages and constitutes a public nuisance within the meaning of California Civil Code Section 3480, in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties, as well as the health and welfare of Plaintiffs' guests, neighbors, and the surrounding community. The conditions, annoyances and/or injuries created a substantial and unreasonable interference with the Plaintiffs' and surrounding community members' use of, and peaceful and quiet enjoyment of their homes and community. 55. Plaintiffs are informed and believe, and based thereon allege, that the lack of adequate design, construction, maintenance, repair, reconstruction and/or inspection of the EMERALD Property and WESTERN Property, resulting in flooding and damage to Plaintiffs' Properties, constitutes a public nuisance within the meaning of California Civil Code Section 3480 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties, as well as the health and welfare of Plaintiffs' guests, neighbors, and the surrounding community. The conditions, annoyances and/or injuries created a substantial and unreasonable interference with the Plaintiffs' and surrounding community -12- FIRST AMENDED COMPLAINT members' use of, and peaceful and quiet enjoyment of, their homes and community. 56. Plaintiffs are informed and believe, and based thereon allege, that as a proximate result of the Defendants' mismanagement of the EMERALD Property and WESTERN Property by altering the natural drainage of surface waters on the WESTERN Property and EMERALD Property, and increasing the risk of irregular downstream waterflow from the WESTERN Property and EMERALD Property, Plaintiffs have been left in a state of fear that their Plaintiffs' Properties will continue to be damaged, and fear of losing the homes on the Plaintiffs' Properties completely. 57. Plaintiffs are informed and believe, and based thereon allege, that due to the Defendants' actions which constitute public nuisance, Plaintiffs have suffered damages in an amount not precisely known, but in any event in excess of the Court's minimum jurisdiction amount in costs of repair and/or reconstruction, lost value to the Plaintiffs' Properties, personal injuries, and the related emotional distress. Said damage will be demonstrated in a precise manner and according to proof at the time of trial. 58. Plaintiffs are informed and believe, and based thereon allege, that as a proximate result of the maintenance of the public nuisance by Defendants, Plaintiffs have suffered and continue to suffer discomfort and annoyance, all to their general damage in a sum to be determined at the time of trial. 59. As a further direct and legal result of the nuisance created and maintained by the Defendants, the Plaintiffs have no adequate remedy at law for their injuries and damages and hereby request the Court frame a remedy that will preclude the Defendants from continuing to maintain the nuisance. 60. Pursuant to California Civil Procedure Section 731, Plaintiffs are entitled to damages in that the Defendants deprived Plaintiffs of the use of, and peaceful and quiet enjoyment of, Plaintiffs' Properties, and that Plaintiffs have suffered injuries and damages as more fully alleged herein. -13- FIRST AMENDED COMPLAINT III. THIRD CAUSE OF ACTION PRIVATE NUISANCE (Alleged against ALL DEFENDANTS) 61. Plaintiffs reiterate and incorporate by reference herein the allegations set forth in all previous paragraphs as though fully set forth herein. 62. Plaintiffs are informed and believe, and thereon allege that, the acts and omissions of Defendants have resulted in a condition which is injurious to Plaintiffs' health and safety, and which is an obstruction to the free use of Plaintiffs' Properties, and an interference with the comfortable use and enjoyment of Plaintiffs' homes. 63. Plaintiffs are informed and believe, and thereon allege that, as a result of the actions, inactions, or omissions of Defendants, a continuing and/or permanent nuisance exists and continues to exist resulting in damage to Plaintiffs on a daily basis until Defendants abate said nuisance. Alternatively, to the extent the injuries and damages cannot be abated, the nuisance is permanent with permanent injuries to Plaintiffs. 64. In California, an abatable nuisance is one which can be abated at a reasonable cost; a permanent nuisance is one which cannot be abated (McCoy v. Gustafson, 180 Cal. App. 4th 56, 84 (2009)). If the nuisance is abatable, Plaintiffs can sue for past and present damages (Starrh & Starrh Cotton Growers v. Aera Energy LLC, 153 Cal. App. 4th 583, 592 (2007). If the nuisance is permanent, Plaintiffs are entitled to future damages including the diminution in the property's value caused by the nuisance. Id. Whether a nuisance is permanent or abatable is a question of fact for the jury as stated by the Court in the same case. 65. Plaintiffs are informed and believe, and thereon allege that, Defendants had express duties to Plaintiffs to take reasonable steps to ensure that discharges and channeling of surface water from the WESTERN Property and EMERALD Property follow the natural flow. 66. Plaintiffs are informed and believe, and thereon allege that, instead of performing an environmental impact report as required under the California Environmental Quality Act, -14- FIRST AMENDED COMPLAINT Defendants received an exemption. 67. Plaintiffs are informed and believe, and thereon allege that Defendants' mismanagement of the WESTERN Property and EMERALD Property caused a large amount of surface water to be discharged onto Plaintiffs' Properties which has caused a condition to exist which obstructs the Plaintiffs' free use of their Plaintiffs' Properties, and interferes with the Plaintiffs' comfortable use and enjoyment of Plaintiffs' Properties. 68. Plaintiffs are informed and believe, and thereon allege, that Defendants controlled and continue to control the WESTERN Property and EMERALD Property in every respect. 69. Plaintiffs are informed and believe, and thereon allege that, Defendants altered the natural flow of surface water on the EMERALD Property by constructing a gate adjacent to the Plaintiffs' Properties. Defendants' alteration of the natural surface water flow on the EMERALD Property caused a large amount of surface water to be discharged and channeled onto Plaintiffs' Properties which has caused a condition to exist which obstructs the Plaintiffs' free use of their Plaintiffs' Properties and interfered with the Plaintiffs' use of, and comfortable enjoyment of, Plaintiffs' Properties. Defendants controlled and continue to control the EMERALD Property in every respect. 70. Plaintiffs are informed and believe, and thereon allege that, as alleged herein above, Defendants' lack of adequate design, construction, maintenance, repair, reconstruction, and/or inspection of the WESTERN Property and EMERALD Property, which caused the surface water to be improperly channeled outside of its natural flow and the continued subsidence of the Plaintiffs' Properties constitute a private nuisance within the meaning of California Civil Code Section 3481 in that said conditions were and continue to be injurious to the health and welfare of the Plaintiffs and/or the Plaintiffs' Properties. The conditions, annoyances, and/or injuries created a substantial and unreasonable interference with the Plaintiffs' use of, and peaceful and quiet enjoyment of, Plaintiffs' homes and community. 71. Plaintiffs are informed and believe, and thereon allege that, as a proximate result of the maintenance of the private nuisance by Defendants, Plaintiffs have suffered and continue -15- FIRST AMENDED COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to suffer discomfort and annoyance, all to their general damage in a sum to be determined at the time of trial. 72. A further direct and legal result of the nuisance created and maintained by the Defendants, the Plaintiffs have no adequate remedy at law for their injuries and damages and hereby requests the Court to frame a remedy that will preclude the Defendants from continuing to maintain the nuisance, including but not limited to, the construction and maintenance of the WESTERN Property and EMERALD Property so as to prevent improper discharge and channeling of surface water outside the natural flow, and further subsidence of the Plaintiffs' Properties. 73. Plaintiffs are informed and believe, and thereon allege that, as a result of the actions, inactions, or omissions of Defendants, Plaintiffs have suffered and will continue to suffer general, compensatory, and consequential damages, inclusive but not limited to investigative and remediation costs, diminution in value of their property, loss of use of their property, increased living expenses, and emotional distress, all in amounts to be proven at trial but in no event less than $2,000,000.00. 74. Plaintiffs pray that a mandatory and/or prohibitory injunction be issued, requiring Defendants to abate said nuisance and/or to perform any and all actions necessary to assess, investigate, and remediate the surface water channeling adjacent to, and in the vicinity of, Plaintiffs' Properties. 75. Pursuant to California Civil Procedure Section 731, Plaintiffs are entitled to damages in that the Defendants deprived Plaintiffs of the use of, and peaceful and quiet enjoyment of, their Plaintiffs' Properties, and have suffered injuries and damages as more fully alleged above. ///// ///// -16- FIRST AMENDED COMPLAINT IV. FOURTH CAUSE OF ACTION Trespass (Alleged against ALL DEFENDANTS) 76. Plaintiffs reiterate and incorporate by reference the foregoing paragraphs as though fully set forth herein. 77. Plaintiffs are, and at all relevant times herein mentioned were, the owners of the Plaintiffs' Properties. 78. Plaintiffs are informed and believe, and thereon allege, that Defendants, and each of them, unreasonably interfered with Plaintiffs' Properties by causing the surface water to be improperl channeled outside of its natural flow onto Plaintiffs' Properties, thus flooding Plaintiffs' Properties. 79. Plaintiffs are informed and believe, and based thereon allege, that as a proximate result, Plaintiffs have been, and continue to be, deprived of the beneficial use of Plaintiffs' Properties. 80. Plaintiffs are informed and believe, and thereon allege that, as a proximate result of the Defendants' wrongful trespass to Plaintiffs' Properties, surface water channeling has occurre. causing the Plaintiffs to suffer damages in an amount not precisely known, but in any event, i excess of, the Court's minimum jurisdiction amount in costs of repair and/or reconstruction, los value to the Plaintiffs' Properties, personal injuries and the related emotional distress. Said damag: will be demonstrated in a precise manner and according to proof at the time of trial. 81. Plaintiffs are informed and believe, and thereon allege, that unless temporarily restraine s and permanently enjoined from committing further trespass in violation of regulations and law, Defendants are jeopardizing the Plaintiffs' property interests and causing the Plaintiffs irreparabl injury from the destruction of their Plaintiffs' Properties. 82. Plaintiffs are informed and believe, and thereon allege, that Defendants have als -17- FIRST AMENDED COMPLAINT caused extreme anxiety to Plaintiffs as a result of the Defendants' actions. 83. Plaintiffs have no adequate remedy at law for their injuries and damages and hereby reques the Court to frame a remedy that will preclude the Defendants from continuing to trespass upo the interest of the Plaintiffs in the Plaintiffs' Properties by finding the Defendants have violate their duties according to statute. PRAYER WHEREFORE, Plaintiffs pray for judgment as follows: 1. General, compensatory, and consequential damages in an amount not currently known, but in excess of Two Million Dollars ($2,000,000.00) and which be shown according to proof at the time of trial; 2. Injunctive relief requiring defendants to abate the nuisance caused by the surface water channeling caused or allowed by defendants, and/or to perform any and all actions necessary to assess, investigate, and remediate the channeling of surface water adjacent to, and in the vicinity of, Plaintiffs' Properties; 3. Interest on all sums awarded, at the maximum legal rate; 4. Pre judgment interest on all sums awarded, at the maximum legal rate; 5. Costs of suit and such other and further relief as the Court deems just and proper. Dated: February 21, 2024 THE NAUMANN LAW FIRM, P.C. William H. Naumann Philip M. Kunka Frank Mascia Attorneys for Plaintiffs -18- FIRST AMENDED COMPLAINT