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2024.06.06 Motion to Compel Responses 849
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.06.06
Excerpt: ...shall continue the hearings on the motions to 6/28/24, to allow Cooke to provide Plaintiff with verifications for the FROGs, RFPs, and RFAs. Said verifications shall be provided to Plaintiff no later than 6/17/24. The Court recognizes that on 6/11/24, Defendant C ooke filed a motion to continue the 6/18/24 CMC hearing due to a prior scheduling conflict. Also set on 6/18/24 is an OSC re why the Court should not strike CCS Group, LLC and CCS Ex...
2024.06.05 Anti-SLAPP Motion to Strike 392
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.06.05
Excerpt: ...��). The Court awards Defendant WFG $4,815.00 as prevailing party in this motion. Procedure/Facts Plaintiff, Andres Martinez, alleges that, in June of 1997, a property located at 223 1 -37 Parkside Avenue in Los Angeles was purchased by Micheal Trujillo, a childhood friend of P laintiff. On 6/21/06, Buckeye sued Plaintiff purportedly on trumped up charges of fraud and conversion relating to Trujillo. Buckeye obtained summary judgment against Plai...
2024.06.05 Demurrer, Motion to Strike 062
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.06.05
Excerpt: ...t to Plain tiff's claim for attorney's fees without leave to amend. The Court denies the remainder of the motion to strike. Based on the ruling above, the Court orders Defendants to file an answer within 30 days. The Court also recognizes that the parties have a C MC and an OSC re proof of service on Defendant Srour set on 6/12/24. As the pleadings will be at- issue, but are not so at this point, the Court on its own motion shall continue th...
2024.05.30 Motion for Determination of Good Faith Settlement 834
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.30
Excerpt: ...or a new truck s top owned by Defendant Pilot Travel Centers, LLC dba Pilot Flying J (“Pilot”). Plaintiff was employed by Earth Tek Engineering Corporation (“Earth Tek”) As Plaintiff was leaving the construction site, he was struck by a vehicle driven by Defendant Joseph Hernandez (“Hernandez”) who was driving under the influence of drugs. The vehicle was owned by Defendant Arlene Sanchez (“Sanchez”). Plaintiff alleges that traff...
2024.05.29 Demurrer to FAC 664
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.29
Excerpt: ..., he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, California. (First Amended Complaint (“FAC”), ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as Indenture Trustee (“U.S. Bank”). (I...
2024.05.29 Demurrer 724
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.29
Excerpt: ...f Hope M artin (“Plaintiff”) filed a Complaint against Defendant County of Riverside (“Defendant” or the “County”), alleging (1) violation of Lab. Code § 98.6; (2) violation of Lab. Code § 1102.5; (3) harassment on the basis of race; (4) discrimination on the basis of race; (5) harassment on the basis of color; (6) discrimination on the basis of color; (7) retaliation in violation of Fair Employment and Housing Act (“FEHA”); (8...
2024.05.28 Motion for Judgment on the Pleadings 635
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.28
Excerpt: ...�) purchased a 2020 Ford Mustang on August 19, 2020. The vehicle is manufactured by Ford Motor Company (“Ford”). Plaintiff contends that the vehicle has defects that do not conform to the warranty. She alleges that Ford had an affirmative duty to repurchase Page 5 of 8 or replace the vehicle but has failed to do so. She asserts that Fairview Ford Sales, Inc. (“Fairview”) negligently repaired her vehicle. The Complaint asserts the followin...
2024.05.28 Demurrer, Motion to Strike 667
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.28
Excerpt: ...e 5th and 6th causes of action with 30 days' leave to amend. The Court grants the motion to strike punitive damages with 30 days' leave to amend. As the pleadings are not at -issue, the Court shall continue on its own motion the Case Management Conference Hearing to Au gust 14, 2024 at 8:30am in Dept 3. All parties are ordered to file updated CMC statements prior to the next hearing. Factual / Procedural Context: Plaintiff Fairhaven Enterprise C...
2024.05.23 Motion for Leave to Amend Complaint 352
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.23
Excerpt: ...t to p ay to Plaintiff's counsel $1,637.50, payable in 45 days from notice of this ruling. The Court recognizes that the parties have on calendar a CMC conference hearing on 5/28/24. As the parties are still in discovery, the Court shall continue on the Court's own motion the CMC to August 29, 2024, at 8:30am. All parties may appear by Zoom/telephone at the next hearing. Parties are ordered to file an updated CMC statement prior to that date. Pa...
2024.05.21 Motion to Seal Docs 505
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.21
Excerpt: ...s should be stri cken; 3) orders the parties to file a joint statement with the status of the meet and confer discussions at least 10 court days before the next hearing, and 4) 4) orders the opposition and reply filed in accordance with CCP § 1005(b). Factual / Procedura l Context Relevant to this motion, on August 17, 2023, Defendants filed the original motion for summary judgment and simultaneously filed a motion to seal documents lodged c...
2024.05.21 Demurrer, Motion to Strike 150
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.21
Excerpt: ...OF MOTION AND MO TION TO STRIKE FIRST AMENDED VERIFIED PETITION; Tentative Ruling: Demurrer The demurrer to the 3rd cause of action is sustained without leave to amend. The demurrer to the 5th cause of action is overruled. The demurrer to the 6th cause of action is ove rruled. Motion to Strike The motion to strike the phrase “real and” from line 12 of page 24 of the petition is denied. The motion to strike Paragraph 66 of the petition is deni...
2024.05.20 Motion to Compel Further Responses 083
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.20
Excerpt: ...nts Merc ury and Mueller to provide a further response to Interrogatory 324.1. Said response is due in 20 days. Factual / Procedural Context This action relates to a fire loss that occurred on October 9, 2020, at a home in Moreno Valley owned by defendants/cross -complainants Bob M. Hannah and Diana Sue Hannah (the “Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to r...
2024.05.17 Motion for Preliminary Injunction 903
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.17
Excerpt: ...ega owns the Property and the Gandarilla Defendants maintain/control the Property. There is a pending family law action (FLRI2005340) between the Gandarillas seeking dissolution of the marriage as well as right to possession of the Property. The Complaint alleges that the Gandarilla Defendants are now litigating to gain title to the Property in the family law case. Plaintiff alleges that since April 2020 it has inspected the Property 24 times and...
2024.05.17 Special Motion to Strike 922
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.17
Excerpt: ...m damages. Plaintiff Kristopher Dreyer (“Plaintiff”) alleges he was defamed by Defendants Sean Patterson and Kezia Marques (“Defendants”). Plaintiff alleges he learned of their defamatory statements on January 15, 2020, through the deposition of Richard White, f ormer CEO of now bankrupt Riverside Christian Schools (“School”), during its bankruptcy proceedings. He alleges the defamatory statements by Defendants to the Bankruptcy Trust...
2024.05.17 Motion for Summary Judgment 550
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.17
Excerpt: ... grants th e motion for summary adjudication as to the 3rd cause of action as to both Plaintiffs. The Court denies the motion for summary adjudication as to the 4th cause of action as to both Plaintiffs. Factual / Procedural Context This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor -trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 (...
2024.05.17 Motion for Summary Judgment 744
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.17
Excerpt: ...e premises lo cated at 1130 W. 6th Street, Corona, California (the “premises”) owned by Defendant Super Center Concepts, Inc. (“Defendant”). On February 22, 2022, Plaintiff filed this action against Defendant for general negligence and premises liability. On March 2, 2 023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same causes of action. Trial is set for 6/21/24. (Plaintiff has also filed an ex parte motion to...
2024.05.16 Motion to Quash Service of Process 313
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.16
Excerpt: ...service, cashier service, and logistics. In December 2018, Plaintiff's supervisors, Annette Marquez (“Marquez”) and Marc, asked Plaintiff if he was homosexual. He answered in the affirmative. After this conversation, Marquez began subjecting him to disparate treatment bec ause of his sexual orientation. He also contends that he was subjected to race discrimination because he was African American. He asserts that Target regularly promoted Cauc...
2024.05.15 Demurrer 949
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.15
Excerpt: ...tlement o pportunities. Factual/Procedural Context This action arises from the parties' contractual dispute. On January 26, 2021, Plaintiffs/Cross -Defendants Joseph F. Schallert (“Mr. Schallert”) and Amy E. Schallert (“Ms. Schallert”) (collectively, “Cross -Defend ants”) entered into a written Vacant Land Purchase Agreement (“VLPA”) with Defendant/Cross - Complainant North Pacific Developments, Inc. (“NPD”) for the purchase ...
2024.05.13 Demurrer on TAC 595
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.13
Excerpt: ...ing: The Court sustains EM WDFC's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains EMWD's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains both EMWDFC and EMWD's demurrer to Plaintiff Vasquez, without leave to amend . As the pleadings are not at -issue, the Court shall on its own motion continue the CMC hearing to 7/31/24 at 8:30am. All parties are ordered to submit updated CMC sta...
2024.05.10 Motion to Compel Further Responses 141
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...le a Joint Status Statement no later than 10 days before the continued hearing date of any outstanding issues. Factual / Procedural Context On November 11, 2022, Plaintiff Armando Tapia (“Plaintiff”) entered into a warranty contract with Defendant Hyundai (“Defendant ”) regarding a 2023 Hyundai Ioniq 5 (the “Vehicle”), which was manufactured and distributed by Defendant. During the warranty period, the Vehicle contained or developed d...
2024.05.10 Motion for Summary Judgment, Adjudication 335
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...d. Factual and procedural background: Plaintiff Hudson Insurance Company (Hudson) filed its initial Complaint on 1/20/2023, and its First Amended Complaint (“FAC”) on 5/17/2023, against Defendant Richard N. Maksoud alleging a single cause of action for breach of con tract. The contract at issue is an indemnification agreement. Plaintiff is a surety. This indemnification action follows claims and civil actions brought against it by alleged ...
2024.05.10 Motion for Judgment on the Pleadings 523
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...dants, Ford Mo tor Company (“Ford”) and Raceway Ford (together “Defendants”) asserting the following causes of action: (1) violation of Civ. Code § 1793(d) [against Ford only]; (2) violation of Civ. Code § 1793(b) [against Ford only]; (3) violation of Civ. Code § 1793(a) (3) [against Ford only]; (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement – concealment [against Ford only]; and ...
2024.05.09 Motion to Vacate or Set Aside Dismissal 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.09
Excerpt: ...y FM Resta urants El Torrito OPOC, LLC (“El Torrito”). She contends she was injured when an employee carrying a tray negligently hit Plaintiff in the head with the tray. The complaint asserts one cause of action for negligence. Plaintiff's counsel failed to appear a t a trial setting conference, which resulted in the Court setting an OSC as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for failure to appear at th...
2024.05.09 Demurrer, Motion to Strike 645
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.09
Excerpt: ...has additional facts that could withstand a further demurrer, the Court shall sustain, without leave to amend, as to the 1st, 3rd and 5th causes of action. As to the motion to strike, the Court denies the motion to strike as to Request 1. Because the Court has su stained the demurrer as to certain portions, Requests 2, 4, 5, and 6 are moot. The Court grants the motion as to Request 3 (punitive damages) without leave to amend unless Plaintiff has ...
2024.05.08 Anti-SLAPP Motion to Strike 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.08
Excerpt: ...ly to Defe ndants' new evidence in the Reply by 5/22/24. The Court will accept no further briefing. Factual / Procedural Context This is a breach of contract case. Plaintiffs Adam Camacho and Martial Science Media, LLC (“Plaintiffs”) assert fifteen causes of action for: (1) Breach of Contract; (2) Common Count: Reasonable Value of Work, Labor, and Services (Quantum Meruit); (3) Common Count: Work, Labor, Services and Materials; (4) Unjust E...
2024.05.07 Demurrer on FAC 133
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.07
Excerpt: ... Resort. C ity of Palm Springs police officers (“City”) came to the residence and eventually arrested Plaintiff using excessive force and caused Plaintiff to suffer serious injuries. Plaintiff alleges that the police officers had a duty to keep him safe, even while a rresting him, and that the City is liable for the officers' conduct. Plaintiff filed his operative First Amended Complaint (FAC) on 3/1/24 alleging three causes of action: 1) ne...
2024.05.06 Demurrer on FAC 996
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.06
Excerpt: ...tements pri or to that date. Factual/Procedural Context On September 17, 2020, Plaintiffs Paula Lee and Dylan Lee (“Plaintiffs”) entered into a warranty contract with Defendant Ford Motor Company (“Defendant” or “FMC”) regarding a 2020 Ford F150. (First Amended Complaint [“FAC”] ¶ 8, Ex. A.) Plaintiffs allege that the subject vehicle came with known defects, including transmission defects, electrical defects, suspension defects, ...
2024.05.01 Motion to Strike Complaint 377
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...intiff seeks punitive damages against Schlinkert and Stoner. In the Complaint, Plaintiff alleges that on May 11, 2021, she was a passenger in a vehicle that came to a stop on Perris Boulevard, in Moreno Valley, California, due to traffic ahead. (Complaint at ¶ GN- 1.) Schlinkert, who was driving under the influence of alcohol and at an excessive rate of speed, collided with a vehicle driven by Stoner, who was also driving under the influence o...
2024.05.01 Motion to Set Aside Default 506
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...of equipment, materials, and supplies used in the construction industry. Defendant Orange Coast Concrete Inc. contracted with Plaintiff for the delivery of materials to 1695 Foothill Parkway, Corona, California 92881 (the “Property”), owned by Defendants Roberto Morales, Alondra R amirez (“Ramirez”), and Ralph Hernandez (“Hernandez”). Defendant failed to pay for the materials. On December 3, 2021, Plaintiff filed its complaint allegi...
2024.05.01 Motion for Protective Order, to Compel Further Responses 333
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...ng: The Co urt grants the motion for motion for a protective order, and denies the motion to compel inspection. The Court grants the motion for special interrogatory no. 68 – said responses due in 10 days. The Court finds the remaining interrogatories are moot. The Court denies the remaining requests for production, requests for admission and form interrogatory. The Court denies the request for sanctions. Factual / Procedural Context Plaintiff...
2024.05.01 Demurrer 252
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...ays leave to amend. Page 8 of 13 The Court declines to consider the demurrer on the 3rd cause of action, which is not alleged against moving cross - defendant. Factual / Procedural Context On November 20, 2023, Plaintiff Assef Sarage (“Assef”) initiated this actio n by filing the Complaint against defendants Evolution Mechanical, Inc. (“Evolution Mechanical”), Evolution Limo Service LLC (“Evolution Limo”) and Dennis M. Murray, Jr. (�...
2024.04.30 Motion to Compel Arbitration 125
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.30
Excerpt: ...o, with a completion date of 7/31/20. Plaintiffs allege they were targeted by Wanhoo as first -time buyers, and were promised a newly built home, which was not delivered. Plaintiffs allege that Wanhoo intended to defraud Plaintiffs of their initial deposit and had n o intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the Agreement erroneously claiming that Plaintiffs “failed to deposit into escrow written ver...
2024.04.24 Motion for Summary Judgment 127
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.24
Excerpt: ...t failed to keep the parking lot in a safe condition and failed to properly inspect its property. The complaint asserts a claim for negligence and premises liability. Defendant contends that Plaintiff's claims fail because the hose was open and obvious. Defendant had plac ed a yellow caution sign out because its employee was watering plants. It argues that Plaintiff ignored these signs, its employee, the water on the ground, and the red/orange ho...
2024.04.24 Demurrer, Motion to Strike 801
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.24
Excerpt: ... with 20 days leave to amend. Because the Court is sustaining with leave to amend, the Motion to Strike is moot. Factual/Procedural Context On October 31, 2023, Plaintiff Shirley Hicks (“Decedent”), by and through her Successorin- Interest, Latish Hicks (“Plaintiff s”), filed their operative First Amended Complaint (“FAC”) against Defendants Mt Rubidouxidence Opco, LLC; Providence Group of Southern California, LLC; Providence Group, ...
2024.04.23 Demurrer 020
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.23
Excerpt: ... Santos Guillen Martinez (“Plaintiff”) alleges that on March 6, 2018, he was involved in an automobile collision caused solely by the negligence of third- party Javier Legaspi (“Legaspi”). (Complaint, ¶ 12.) As a result, Plaintiff suffered injuries totaling at least $242,315 as of November 2018. (Id., ¶ 18.) Legaspi's liability insurer, Kemper Insurance, paid the $15,000 policy limit for Plaintiff's injuries, which was insufficient to c...
2024.04.18 Motion for Summary Judgment 076
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.18
Excerpt: ...of Undisputed Materia l Fact [“FSS”] ¶ 1.) On October 1, 2012, Fracasse, through his attorneys, recorded an abstract of judgment in the Office of the County Recorder of Riverside County. (Id. at ¶ 2.) That abstract of judgment acted to create a judgment lien on Redmond's real p roperty located at 41750 Avenida Ortega, Temecula, California 92592 (the “Property”). (Id. at ¶ 3.) On or about May 5, 2020, the County of Riverside (the “Cou...
2024.04.18 Demurrer 888
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.18
Excerpt: ...lution of the federal action(s). Either party may seek to restore the case back to active status pending the resolution of the federal action. Facts/Procedure On September 14, 2023, Plaintiff Eric Jerome Phillips filed a demurrer against the County of Riverside and several other County officials, as well as against several doctors and his former attorney, alleging numerous civil rights violations, including the Bane Act, Ralph Civil Rights Act, ...
2024.04.17 Motion for Preferential Trial Setting 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.17
Excerpt: ...ducts li ability, and negligence, and names as defendants (1) Gongco Foods, dba Food 4 Less, the owner of the grocery store and the shopping cart, and (2) The Peggs Company, the company alleged to design and manufacture the shopping cart. The defendants filed answ ers to the original complaint on October 6, 2023 and November 21, 2023; none of them have filed answers to the FAC filed March 13, 2024. There are no crosscomplaints filed nor any D...
2024.04.17 Demurrer, Motion to Strike 555
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.17
Excerpt: ...d confer p rior to filing the demurrer or motion to strike. (CCP §§ 430.41(a), 435.5(a).) The Declaration of Ryan Kay indicates that prior to the filing of the present demurrer and motion to strike, his office attempted to meet and confer telephonically with Plain tiff's counsel to discuss the issues Defendant had with Plaintiff's First Amended Complaint, but unfortunately, were unsuccessful in their attempts. Mr. Ryan declares that he sent e...
2024.04.15 Motion for Leave to File Complaint 211
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.15
Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...
2024.04.15 Demurrers, Motions to Strike 306
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.15
Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...
2024.04.12 Motion for Summary Judgment, Adjudication 083
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.12
Excerpt: ...“Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 2022, alleging breach of contract, quantum meruit, foreclosure o...
2024.04.10 Demurrer on SAC 487
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.10
Excerpt: ...red a mortgage in both of their names. In November 2008, while still married, Defendant represented that he would be able to refinance the mortgage and obtain a loan with better terms if Plaintiff temporarily transferred her interest in the property to him via an Interspousal Transfer Grant Deed. Defendant represented Plaintiff would continue to own her 50% interest in the property despite the transfer and the property was the marital residence....
2024.04.09 Petition to Compel Arbitration 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.09
Excerpt: ...obert L. Firt h, HH Care, LLC dba Heaven Heights Senior Care, Heaven Heights Senior Care, and Jacqueline Hawk (together “Defendants”) asserting causes of action for: (1) wage theft in violation of Labor Code §§ 1194 and 1454; (2) failure to pay minimum wage in violation of Labor Code §§ 1194 and 1197; (3) breach of written contract; (4) violation of Labor Code § 1194.2; (5) violation of Labor Code §§ 201 and 203; (6) violation of Bus. ...
2024.04.09 Motion to Compel Further Responses 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.09
Excerpt: ...brough t an action for negligence and premises liability against the alleged grocery store owner and the supplier of shopping carts. Plaintiff alleges that, on April 5, 2021, when Plaintiff was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant Gongco Foods and placed Plaintiff inside a shopping cart while still in his car seat. (Complaint, ¶ 8.) However, the shopping ...
2024.04.08 Motion to Strike 807
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...vehicle accident t hat allegedly occurred on April 9, 2022. It is alleged that Defendants Lopez and Hernandez negligently made a lane change and struck Plaintiff's vehicle causing Plaintiff to sustain damages. On December 20, 2023, Defendants/Cross -Complainants (“Cross -Co mplainants,” for purposes of this motion) filed a Cross - Complaint against Cross -Defendant Charleen Caye Anne Perez (“Cross -Defendant”) alleging causes of action f...
2024.04.08 Motion to Strike 675
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...us injuries as a resul t of the collision. On September 25, 2023, Plaintiff filed his Complaint, which asserts one cause of action for personal injuries. Defendant now moves to strike the prayer for punitive damages and any references in support of the claim for punitive damage s. Defendant argues that the Complaint contains no facts showing malice and the conclusory allegation are insufficient. Defendant argues that he did not intend to cause t...
2024.04.08 Motion to Set Aside Default 506
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...he Rules of Court, and while the Court could simply deny the motions, the Court's preference is to hear these issues on the merits. Therefore, the Court orders Moving Parties to submit a brief that comports with the Rules of Court no later April 15, 2024. Plaintiff may file an opposition no later than April 23, 2024, and the motion shall be heard on May 1, 2024 at 8:30am. The Court will accept no further briefing. The Court notes there is also ...
2024.04.08 Motion to Quash Deposition 211
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...edural C ontext: Plaintiff Zachary Sarmiento, a minor by and through his guardian ad litem Stephanie Winters, alleges that while attending Riverside Unified School District's Martin Luther King High School, another student, Dustin Watts, assaulted him. Plaintiff alleges that the District failed to take appropriate safety and security measures. On 1/17/23, Plaintiff filed his complaint for damages. On 4/21/23, Plaintiff added as doe Defendants D...
2024.04.05 Motion to be Relieved as Counsel, for Assignment Order 497
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.05
Excerpt: ...in 5 court days. Overall Factual/Procedural Context On February 26, 2007, Plaintiffs Martha Clohecy and Darcy L. Clohecy (“Plaintiffs”) filed a Complaint against multiple Defendants, including Marlene Z. Robertson (“Robertson”), alleging (1) Dependent Adult Abuse, (2) Negligence (Custodial Care), (3) Fraud (Misrepresentation and Concealment), and (4) Violation of Patients' Rights (Health & Safety Code § 1430). On March 13, 2009, the Cou...
2024.04.05 Motion to Compel Further Responses 103
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.05
Excerpt: ...nal appearan ce next week, regardless whether either side requests oral argument on the motion, the Court shall order the parties to appear to address the TSC. Factual / Procedural Context: This is a personal injury action arising out of a motor vehicle accident that o ccurred on January 13, 2022. Jonathon Lee Byrd (“Plaintiff”) alleges that he was a passenger in a vehicle driven by defendant Mark Hansen (“Defendant”). While driving eastb...
2024.04.04 Motion for Protective Order 182
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.04
Excerpt: ...igin/religious hara ssment; (2) discrimination based on religion/national origin; (3) retaliation in violation of Gov. Code § 12940; and (4) retaliation in violation of Labor Code § 1102.5, arising out of his employment with the Riverside County Sheriff's Office. Page 3 of 5 On December 19, 2023, Defendants served their first sets of discovery on Plaintiff, including general form interrogatories (“FROGs”), employment law form interrogatori...
2024.04.03 Motion to Compel Responses, for Monetary Sanctions 850
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.03
Excerpt: ...vehicle, w hich was manufactured and/or distributed by Defendant. (Compl. ¶ 6.) The subject vehicle came with various warranties, including but not limited to the bumper -to - bumper warranty, powertrain warranty, emission warranty, etc. (Id.) During the warranty perio d, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to engine defects, transmission defects, electrical defect...
2024.04.03 Motion to Compel Arbitration 618
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.03
Excerpt: ...ator from January 27, 2019 to the present, and was subjected to numerous Labor Code violations. On May 18, 2023, Plaintiff filed this action for individual wage and hour claims and asserted a Private Attorney General Act (“PAGA”) claim. On February 8, 2024, Plaintiff file d his operative First Amended Complaint (“FAC”) alleging class allegations and asserting the following causes of action: 1) Failure to Pay Wages; 2) Failure to Provide...
2024.03.29 Motion to Quash Service of Summons on Complaint 858
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.29
Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...
2024.03.28 Motion for Summary Judgment, Adjudication 505
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.28
Excerpt: ... and its in dividual physicians for engaging in an alleged “scheme that involved the filing of false and defamatory internal complaints” against Plaintiff and “summarily suspending Plaintiff's admitting privileges under false pretenses.” Plaintiff alleges such acts w ere intended to destroy his professional reputation and to unfairly compete with him to take away his patients, causing him to suffer emotional distress and economic harm. P...
2024.03.27 Demurrer, Motion to Strike 785
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.27
Excerpt: ...n that th e pleadings are not at -issue, the Court shall continue the Case Management Conference hearing to June 25, 2024 at 8:30am. Factual / Procedural Context On October 26, 2023, Plaintiff, Sergio Gonzalez Ramirez (“Plaintiff”) filed a Complaint against Defendant , General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song -Beverly Consumer Warranty Act (“Song Beverly Act”); (2) bre...
2024.03.25 Motion to Compel Deposition of PMQ 166
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.25
Excerpt: ...warranted by Defendant General Motors, LLC. Plaintiff filed the Complaint on March 8, 2023, alleging breach of express and implied warranty. On January 24, 2024, Plaintiff served a notice of deposition of Defendant's person(s) most qualified (“PMQ”) on four (4) categories of examination with six (6) requests for production of documents. Defendant served written objections and failed to produce a PMQ for deposition. Plaintiff now moves to co...
2024.03.22 Motion to Consolidate 684
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.22
Excerpt: ...ural C ontext On August 19, 2021, Petitioner Jason Threedouble (“Petitioner”) was insured by Respondent Progressive West Insurance Company (“Progressive”) and was involved in an automobile accident where the at -fault driver only carried minimum statutory state li mits of $15,000 (“First Accident”). On April 25, 2022, Petitioner was insured by Respondent Infinity Select Insurance Company (“Infinity”) and was also involved in an ...
2024.03.19 Demurrer on TAC 162
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.19
Excerpt: ...future strok es. Decedent received home health care services by defendant Equanimity Hospice & Palliative Care (“Equanimity”), where lead care was designated to defendant David Fukada, M.D. (“Dr. Fukada”). Decedent ran out of Xarelto, and Defendants had failed to deliv er a refill despite repeated requests for a refill. Decedent suffered a massive stroke and died on December 28, 2018. Plaintiffs allege the failure to provide necessary m...
2024.03.18 Motion to Stay Enforcement of Judgment 590
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.18
Excerpt: ...ar ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi- truck owned by Defendant Barrillas Trucking, Inc. (“BTI”) and driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) collide d with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Padilla (“Padilla”). Manthey and Drake (c...
2024.03.15 Motion to Dismiss 368
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.15
Excerpt: ...s stayed pending the resolution of CVPS2200167. With respect to Moving Party's request to issue an OSC re contempt against the City and its officials, the Court denies the request. Given that there is no injunction to enforce and the Ordinance at issue has been re pealed, the Court finds no good cause to issue a hearing for a contempt order. CVPS2200167 With respect to the Writ Petition concerning Ordinance 1189, the Court orders the parties to ...
2024.03.13 Motion for Approval of PAGA Settlement 369
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.13
Excerpt: ... Advanced Frami ng Structure, Inc. (“Advanced Framing”) and Jose Rodarte (“Rodarte”) (collectively “Defendants”) as a fulltime non -exempt carpenter. He contends that while employed by Defendants, he was not paid for all the hours he worked and he was not provided with res t breaks. He asserts that after suffering a back, waist, and spinal injury, his medical provider placed him under work restrictions limiting his driving distances t...
2024.03.08 Motion to Compel Arbitration 114
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.08
Excerpt: ...Procedural Context This is an employment dispute. On April 17, 2023, Plaintiff Amanda Surdow (“Plaintiff”) filed a Complaint against Defendants CCFI Companies, LLC (“CCFI”) and Check Into Cash of California, Inc. (“CIC”) (collectively, “Defendants”),1 alleging (1 ) wrongful constructive termination in violation of public policy, (2) disability discrimination, (3) disability harassment, (4) failure to accommodate, (5) failure to e...
2024.03.01 Motion to Compel Further Responses 251
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.01
Excerpt: ...eement”) with Def endant Rene Delgado Hernandez (“Defendant”) pursuant to which Plaintiff, as the sole shareholder of Ultimate Tint & Wheel, Inc. (“Corporation”) agreed to sell her 10,000 shares in the Corporation to Defendant for $600,000. Under the terms of the Agreement, Defendant was to transfer interest in real property valued at $100,000 to Plaintiff on the date of execution of the Agreement, and thereafter make monthly payments o...
2024.03.01 Motion for Stay of Enforcement of Judgment, to Hold in Contempt 113
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.01
Excerpt: ....76 acre s and located in a W-2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low -density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obta...
2024.03.01 Motion for Judgment on the Pleadings 750
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.01
Excerpt: ...express limited w arranty and implied warranty of merchantability. Plaintiff alleges the vehicle came equipped with material defects that Kia's authorized repair facility was unable to repair, and Kia refused to buyback or replace the vehicle. Plaintiff filed the Complaint on February 10, 2023, alleging 1) violation of the Song Beverly Consumer Warranty Act; and 2) violation of the Magnuson- Moss Consumer Warranty Act. Defendants now move for ju...
2024.02.29 Demurrer 328
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.29
Excerpt: ...February 2, 2023, this court heard and sustained all three causes of action in Plaintiff's First Amended Complaint alleging for 1) cancelation of written instruments, 2) quiet title, and 3) declaratory relief and granted Plaintiff leave to amend. Page 4 of 8 Thereafter on February 16, 2023, Plaintiff filed a Second Amended Complaint alleging the same three causes of action for 1) cancellation of written instructions, 2) quiet title, and 3) decla...
2024.02.28 Motion to Strike FAC 019
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.28
Excerpt: ...ocedural Context Plaintiff, Gavin Ferreira, a minor, by and through his Guardian Ad Litem, Joseph Ferreira, alleges that on 8/28/22, when he was eight years old, he was at Defendant, Barnes Ventures, LLC dba Jump N Jammin in Moreno Valley, which is an indoor c hildren's amusement center. Plaintiff was playing in the jungle gym when he fell forward and struck his mouth on an exposed beam of the play structure sustaining severe injuries to his mout...
2024.02.28 Demurrer on SAC 920
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.28
Excerpt: ... 8:30am. A ll sides are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context Plaintiff Zohair Mesrizadeh dba VIP Style Constructions (“VIP Style”) filed the original complaint in this action on February 23, 2023 and the first amended complaint (“FAC”) on July 20, 2023 against defendants Abdallah Nazmi Abu -Samrah (“Abdallah”) and Reham Shaath (“Shaath”) (together, “Defendants”). T...
2024.02.27 Motion to Compel Arbitration 755
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.27
Excerpt: ... Belinda Addo (“Addo”) and BAWJ Medical Services, Inc. (“BAWJ”), as nominal defendant, in a related case (Case No. CVRI2202879), alleging judicial dissolution, breach of fiduciary duty, breach of contract, conversion, embezzlement, and cancellation of instrument (hereinafter “Addo matter”). On October 26, 2023, Plaintiff filed a Complaint in the instant action against Defendants Jean La Fontant (“Fontant”), BGM Medical Services,...
2024.02.27 Demurrer on FAC 305
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.27
Excerpt: ...al/Proced ural Context On August 9, 2023, Plaintiffs Gregory Franklin Hearn and Pamela Sue Hearn (“Plaintiffs”) filed their initial Complaint against Defendants Ford Motor Company (“FMC”) and Palm Springs Motors Inc. (“Palm”) (collectively, “Defendants”), alleging (1) violation of Civ. Code § 1793.2(d) of Song -Beverly Act (against FMC), (2) violation of Civ. Code § 1793.2(b) of Song -Beverly Act (against FMC); (3) violation of...
2024.02.26 Demurrer 664
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ...tion. Plaintiff Jarrett Scott alleges that on November 21, 2005, he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, Califo rnia. (Complaint, ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as I...
2024.02.26 Demurrer on FAC 214
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ... / Proced ural Context This action arises out of the parties' dispute regarding the ownership of real property located at 13139 Acacia Avenue in Moreno Valley, California (the “Property”). On April 6, 2023, Plaintiff Mario Castillo (“Plaintiff”) filed his First Ame nded Complaint (“FAC”) against Defendant David Gomez (“Defendant”), alleging (1) breach of contract, (2) promissory estoppel, (3) declaratory relief, and (4) unjust en...
2024.02.26 Motion to Compel Compliance 006
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ...rumed”), Lubrizol Life Science, Inc., The Lubrizol Corporation, and Lubrizol Advanced Materials, Inc. (“Defendants”) for: (1) discrimination; (2) retaliation; (3) failure to provide reasonable accommodations; (4) failure to participate in the interactive process; (5) violation of the California Family Rights Act; (6) failure to prevent discrimination; (7) wrongful termination; and (8) breach of the implied contract not to terminate without ...
2024.02.26 Motion to Compel Production of Docs 013
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ... the requ est for sanctions. Factual / Procedural Context On January 8, 2021, Plaintiffs Constantino Martinez and Ana Verdin (“Plaintiffs”) entered into a warranty agreement with Defendant General Motors, LLC (“Defendant” or “GM”) in connected with the purchase of a 2021 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured by GM. Plaintiffs allege that nonconformities and defects manifested during the warranty peri...
2024.02.26 Motion to Set Aside Dismissal on FAC 139
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: .... Factua l / Procedural Context Plaintiff Analia Lenchantin (“Plaintiff”) filed her initial Complaint against Defendant Revive Contractors Group, LLC on January 12, 2023, and her operative First Amended Complaint (“FAC”) on March 28, 2023, against Defendants Reviv e Contractors Group, LLC (“RCG”), Victor Trejo (“Mr. Trejo”), and Victor Staforelli (“Mr. Staforelli”), alleging fraud, negligence, and breach of contract. On June ...
2024.02.23 Petition for Peremptory Writ of Mandate 300
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.23
Excerpt: ...City) 6/1 5/21 decision to approve the MoVal 2040 Project, which consists of the 2021 General Plan update (GPU) including a Housing Element Update, a Climate Action Plan (CAP), and associated zoning amendments, and to certify an Environmental Impact Report (EIR) for the Project, which provides for large increases in industrial and commercial development within the City. The Project is intended to replace the existing 2006 General Plan (2006 GP) a...
2024.02.23 Motion for Summary Judgment 029
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.23
Excerpt: ...Balestrac ci (“Plaintiff” of “Madison”), by and through her Guardian ad Litem, Katie Balestracci (“Katie”), alleges that Defendants Debra Kay Lebo, D.O. (“Dr. Lebo”), Joseph E. Glaser, M.D. (Dr. Glaser”) and Temecula Valley Ob/Gyn Medical Associates (“TV Ob/Gyn”), a s well as Loma Linda University Health and Loma Lind University Medical Center – Murrieta, negligently managed Katie's prenatal care, labor, delivery and post-...
2024.02.23 Motion for Attorney Fees 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.23
Excerpt: ...(“Alicia”) (toget her “Plaintiffs”) filed their original complaint in this action against Defendant Lending Bee, Inc. (“Lending Bee”) on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...
2024.02.22 OSC Re Scope of Discovery 476
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.22
Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...
2024.02.21 Motion to Lift Stay of Unlawful Detainer Action, to Bifurcate 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.21
Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...
2024.02.21 Demurrer on SAC, Motion to Strike 062
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.21
Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...
2024.02.20 Motion to Withdraw from Arbitration and Remand to Superior Court 111
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.20
Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...
2024.02.20 Motion to Compel Further Responses, to be Relieved as Counsel 400
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.20
Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...
2024.02.16 Motion for Summary Judgment, Adjudication 018
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...
2024.02.16 Motion to Compel Deposition of PMQ 754
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...
2024.02.16 Motion to Compel Deposition, for Protective Order 550
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...
2024.02.16 Motion to Compel Further Responses 869
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...
2024.02.16 Motion to Compel Further Responses, for Sanctions 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...
2024.02.15 Motion to Compel Deposition of PMQ 108
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.15
Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...
2024.02.15 Motion for Summary Adjudication on SAC 328
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.15
Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...
2024.02.14 Motion to Compel Deposition, Production of Docs 227
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.14
Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...
2024.02.13 Motion to Strike Complaint 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti¯ alleges that on April 5, 2021, when Plainti¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...
2024.02.13 Motion for Attorney Fees 894
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ... GM Plainti¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti¯ accepted GM's CCP § 998 O¯er of Compromise under which GM agreed to pay Plainti¯ $177,000 In additio...
2024.02.13 Demurrer 970
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ...ched Plainti¯s to sell the property to Defendant Ankr, LLC such that Plainti¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...
2024.02.08 Motion to Compel Arbitration 153
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.08
Excerpt: ...to meet and confer to select two trial dates that are agreeable to all parties. The dates selected must be on Fridays no more than six months after the TSC. Facts/Procedural Summary: On May 3, 2022, Plainti¯s leased a 2022 Hyundai Tucson. (Comp. ¶9.) Plainti¯s allege the vehicle was delivered with serious defects and nonconformities to warranty, speciÞcally with respect to the electrical system, suspension, and transmission system. (Comp. �...
2024.02.07 Motion to Compel Compliance with Deposition Subpoena 498
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.07
Excerpt: ...er and Medi-Cal – Department of Health Care Services to Comply with a Deposition Subpoena to Produce Business Records. Factual / Procedural Context: This lawsuit is brought by Jacob Szemett, a minor, by and through his Guardian Ad Litem, Natalie Enriquez (“Plainti¯”). Plainti¯ asserts he attended a high school in Moreno Valley UniÞed School District (“District”). The school allegedly knew that Plainti¯ was to ride the bus home on...
2024.02.07 Demurrer on SAC, Motion to Strike 595
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.07
Excerpt: ...R $25,000) OF GREGORY O'CONNOR 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR BY EASTERN MUNICIPAL WATER DISTRICT FACILITIES CORPORATION CVRI2301595 O'CONNOR VS EASTERN MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR Tentative Ruling: With respect to E...
2024.02.06 Motion to Compel Responses, for Sanctions 166
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.06
Excerpt: ...t denies Plainti¯'s request for sanctions. Facts/Procedural Summary Plainti¯ purchased a 2018 Chevrolet Silverado manufactured and warranted by Defendant GM. Plainti¯ alleges the vehicle is plagued with serious defects and nonconformities to warranty and Defendant has been unable to remedy the problem within the warranty period. Plainti¯ alleges Defendant failed to promptly repurchase or replace the vehicle in accordance with the SongBeve...

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