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2018.4.30 Motion for Summary Judgment, Adjudication 977
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.30
Excerpt: ... adjudication denied as to punitive damages. Plaintiffs Tracy Randall, Jamie Macknicki, Andrea Mills and Denise Pierce filed a complaint on 9/30/16 alleging 6 causes of action against Defendants Cambria Company, LLC and Karen Alciatore for: 1) Retaliation in Violation of Government Code section 12940(h), 2) Hostile Work Environment Harassment in Violation of Government Code section 12940(j), 3) Associational Harassment in Violation of Government ...
2018.4.27 Motion to Strike 345
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.27
Excerpt: ... to the 2nd cause of action as to these moving defendants. The 4th cause of action is Page 2 of 12 Defendants Cox, Castle & Nicholson LLP, Paul J. Titcher and Adam Englander moved the court to strike all allegations against them as follows: 2 nd Cause of Action: Aiding and Abetting Breach of Fiduciary Duties. 4 th Cause of Action: Aiding and Abetting Constructive Fraud (Fraud by a Fiduciary) 5 th Cause of Action: Intentional Misrepresentations 6 ...
2018.4.27 Motion to Disqualify Counsel 174
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.27
Excerpt: ...rounds that her counsel formerly represented him in his individual capacity and as attorney‐in‐fact for his grandfather as Trustee of the Franklin Trust and is now representing Plaintiff in this substantially related case. “Before an attorney may be disqualified from representing a party in litigation because his representation of that party is adverse to the interest of a current or former client, it must first be established that the part...
2018.4.27 Motion for Summary Judgment, Adjudication 560
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.27
Excerpt: ...ummary adjudication. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) Page 10 of 12 A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to t...
2018.4.24 Motion for Attorney's Fees 545
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.24
Excerpt: ... $2,452.15 for a total request of $36,412.15. A verified fee bill is prima facie evidence the costs, expenses, and services listed were necessarily incurred. (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Furthermore, a declaration attesting to the accuracy of the fee bill is presumed credible. (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396.) Civil Code section 1794(d) provides that “[i]f the b...
2018.4.24 Application for Right to Attach Order, Writ of Attachment 995
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.24
Excerpt: ...f $10,000.00 to be posted forthwith. Plaintiff to prepare the order and give notice. Defendant Mark Holt, M.D., Inc. signed two different promissory notes in favor of Plaintiffs Surender Vuthoori, M.D. and Surender Vuthoori, M.D., Inc. To secure payment of the Note Defendant executed Security Agreements. The Security Agreements executed to secure both notes covered all assets, including furniture, fixtures and equipment used in the business of De...
2018.4.23 Motion to Tax Costs 604
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.23
Excerpt: ...nder the circumstances of the case. “To be valid, a section 998 offer must be made in good faith, which requires that the offer of settlement be ‘realistically reasonable under the circumstances of the particular. . .'” A token or nominal offer made with no reasonable prospect of acceptance will not pass the good faith test. Page 2 of 2 “[W]hen a party obtains a judgment more favorable than its pretrial offer, [the offer] is presumed to h...
2018.4.17 Demurrer 947
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.17
Excerpt: ...llege a demand or other facts showing futility. To reiterate, derivative actions are equitable. From an equitable standpoint it must be asked whether there is some reason that, if the allegations are true, Tortoris should be allowed to avoid liability for allegedly stealing $1,600 from Carpet Depot? The answer is maybe because the State has an interest in collecting its Franchise taxes. What the court must balance is the State's interest in colle...
2018.4.16 Demurrer 239
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.16
Excerpt: ..., Dean and Simone Walsh, owned the vacation home where Riley and Jack were staying as guests of the Walshes with co‐defendants Kehly and Lance Sloan. (¶¶ 7‐11.) (Although the SAC also names Chad and Jeanie McQueen as codefendants, they have now been dismissed.) As to the Walshes, Plaintiff alleges that: (1) they negligently stored and secured a modified golf cart that they owned, despite knowledge that children would be staying at their hom...
2018.4.13 Motion to Disqualify Counsel 174
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.13
Excerpt: ...eviewing a disqualification motion, the court balances competing interests to ensure the parties are not denied substantial justice. (People ex rel. Dept. of Corps. v. Page 7 of 8 SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1144‐1145.) “Depending on the circumstances, ‘a disqualification motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial b...
2018.4.13 Demurrer 138
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.13
Excerpt: ...unities, Inc. Brookdale Senior Living, Inc. and Brookdale Rancho Mirage during which time he was defined as an “elder” under the Welfare and Institutions Code sections 15610.23 and 15610.27. During the time he resided at their facility they failed to ensure there were the necessary number of adequately trained staff on duty at all times and failed to care for him in a non‐reckless manner. That the actions committed by Defendants were ratifi...
2018.4.13 Demurrer 196
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.13
Excerpt: ...leging 4 causes of action for: 1) Fraud, 2) Negligent Misrepresentation, 3) UCL Violation, and 4) Breach of Contract. Defendants demurred to all four causes of action. This court on 1/8/18 sustained with leave to amend as to all four causes of action. On 2/7/18, Roseian filed its First Amended Complaint (“FAC”) alleging the same four causes of action. Defendants once again demur to all causes of action. 1 st Cause of Action for Fraud (Intenti...
2018.4.11 Motion to Strike 985
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.11
Excerpt: ... is that the parties entered into a commercial lease for Cross‐Complainant's medical practice for the operation of a sleep center to assist patients with sleeping disorders. That Defendant Dr. Vuthoori breached Dr. Holt's quiet use and enjoyment of Page 2 of 3 the premises by continuously entering without an appointment or notice, constantly knocked on windows and doors, demanded frequent meets, threatened to “take care” of Dr. Holt, chased...
2018.4.10 Demurrer 467
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.10
Excerpt: ...ng that Kollins could not assert personal ownership of funds that were alleged to have been taken from Carpet Depot, LLC that the cause of action belonged to Carpet Depot. The court then sustained Joseph's demurrer to the 1st cause of action in the First Amended CrossComplaint (“FACC”) on the same grounds, with leave to amend to add a potential derivative claim on behalf of Carpet Depot, LLC for conversion. Joseph again demurred to the Second...
2018.4.5 Motion for Summary Adjudication 671
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.5
Excerpt: ...dant Michael Cintas' 2nd, 3rd, 7th, 8th and 14th affirmative defenses. A party may move for summary adjudication of one or more affirmative defenses if the party contends that there is no merit to the affirmative defenses as to any cause of action. (Code Civ Proc. § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of … an affirmative defense.” (Id.) A party moving for summary adjudication bear...
2018.4.5 Motion for Attorney's Fees 837
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.5
Excerpt: ...taling $68,047.98. Plaintiff's counsel's declaration states that legal services in the amount of $42,912.50 were provided by the firm. In addition, Plaintiff seeks a lodestar enhancement of 1.5 for an additional $21,456.25 in fees, for a total award request of $64,368.75. In the billing summary attached to the declaration it reflects various hour billing rates of $200.00, $225.00, $350.00, $375.00, $400.00 and $500.00 Ford Motor opposes the attor...
2018.4.4 Demurrer 553
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.4
Excerpt: ...orney's failure to file a claim constitutes excusable neglect under Government Code section 946.6 excusing the claim presentation requirement under sections 905 and 945.4. Defendant Mount San Jacinto Winter Park Authority demurs to Plaintiff Paula Nuno's Amended First Amended Complaint on the grounds that the complaint fails to allege compliance with the government claims presentation requirement of Government Code sections 905 et seq. Government...
2018.4.3 Motion to Strike 925
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.3
Excerpt: ...icious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Defendant moves the court to strike Plaintiff's complaint o...
2018.4.2 Motion for Summary Judgment 550
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.2
Excerpt: ...demnity. The moving papers were untimely served on Defendants Mission Linen and Adam Hudson as they were required to be served on or before January 14, 2018, but were served via mail outside of California (adds 10 calendar days pursuant to Code of Civil Procedure section1005(b)) on January 9, 2018. Accordingly, service was deemed complete on January 19, 2018, which is less than 75 calendar days prior to the scheduled hearing date of April 2, 2018...
2018.3.29 Motion for Summary Judgment 823
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.29
Excerpt: ...disregarded. Lifschutz cites Code of Civil Procedure section 437c(b)(3) which sets forth that opposition paper requirements. While section 437c(b)(3) does not reference other facts that the opposing party believes are undisputed and material to the court's ruling, CRC, rule 3.1350(f)(3) provides that the content of the separate statement in opposition may include additional material facts pertinent to the disposition of the motion, which Page 2 o...
2018.3.27 Motion to Tax Costs 550
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.27
Excerpt: ...his court granted UPS summary judgment as to the Cross‐Complaints filed by Mission Linen, Adam Hudson and JFK Memorial as those cross complaint only sought indemnity, apportionment, contribution and declaratory Page 2 of 11 relief, none of which had merit in light of the court's ruling that UPS was entitled to summary judgment as to all causes of action in Navarro's Complaint. UPS filed identical memorandum of costs for $13,724.87 against Plain...
2018.3.8 Motion to Strike 925
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.8
Excerpt: .... The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Kalab Honey and the Law Offices o...
2018.3.5 Motion to Strike, Request for Attorney's Fees 925
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.5
Excerpt: ..., Salima Nurani, Kalab Honey and the Law Offices of Kalab Honey, PC. The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are De...
2018.3.5 Motion to Quash Deposition Subpoena, for Sanctions 958
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.5
Excerpt: ...Cross‐Defendant Stanton Place 2014, LLC is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs Goodell and Self Reliance, Inc. dismissed all causes of action. The CrossComplaint of Frederick Brillman against Goodell and Self Reliance, Inc. was also dismissed. Remaining are the Cross‐Complaint of Stanton Place 2014, LLC, First Amended Cross‐ Complaint of Luis Martin, Jr. and t...
2018.3.5 Motion to Confirm Arbitration Award, Enter Final Judgment 559
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.5
Excerpt: ...d be awarded anything on their claims. Defendants now move to have the Award confirmed and for the entry of final judgment in this matter. Page 2 of 9 Plaintiff asserts that the award should not be confirmed as it relates to one of the four findings made by the Arbitrator for the following reasons:  Arbitrator failed to fully review Plaintiff's brief and failed to understand some of the relevant issues, and that he failed to address any of the...

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