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2024.06.06 Motion to Compel Deposition, for Protective Order 195
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.06.06
Excerpt: ... problems scheduling this deposition, and numerous other issues among the parties, Plaintiffs also seek appointment of a discovery referee. The Court has already discussed some of these issues with the parties, and cautioned them that all were expected to behave pro fessionally and courteously during discovery and otherwise. Based on the Court's discussion with the parties and the fact that the Hertert deposition issue has been resolved, the Cour...
2024.06.03 Demurrer, Motion for Sanctions 956
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.06.03
Excerpt: ...nuary 16, 2024. Medrano argues on demurrer that the only material difference between the instant case and the prior case is that here Medrano is not alleged to have been acting in the course and scope of her employment with the County when the accident happened. Medrano argues that the prior case was dismissed because Odria acknowledged that he failed to comply with the Government Claims Act, and that the case here is an attempt to avoid the Act....
2024.05.30 Motion to Compel Compliance with Demand for Inspection 400
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.30
Excerpt: ...s order is e ntered. Plaintiff is ordered to pay attorney's fees and costs to moving party, McFarland in the amount of $1855, within 30 days of service of notice of this order. This case concerns a dispute over a home renovation project. In essence, the Complaint alleges that Defendant David McFarland (on his own and on behalf of what are alleged to be his companies), represented to Plaintiffs that they were all qualified to complete the project...
2024.05.30 Demurrer 150
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.30
Excerpt: ...alleges, among other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the d...
2024.05.29 Motion for Summary Judgment, Adjudication 643
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.29
Excerpt: ... status. She received a variety of assessments and was ultimately admitted to the hospital due to a concern that she had an infection of unknown origin. (UMF 1 -2.) Over the course of several days, Patricia's condition deteriorated. She was on oxygen and designated a s being at a high risk for falls. She was often confused and combative and removed her oxygen mask. She was put into non -violent soft wrist restraints on February 1, 2022 for her ow...
2024.05.24 Motion for Peremptory Writ of Mandate 058
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.24
Excerpt: ...he accusations at issue before the ALJ all involved his negligence and misconduct in treating a cocker spaniel named Zoe. Deol now brings a writ petition under Code of Civil Procedure section 1094.5 challenging the license revocation and arguing that the Board did not demonstrate with the requisite degree of proof that Deol was negligent, incompetent, or that he committed unprofessional conduct. Under Code of Civil Procedure section 1094.5, subdi...
2024.05.22 Demurrer, Motion to Strike 059
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.22
Excerpt: ...t what he w as expecting. He alleges that when he started with Defendants, which are alleged to provide drug and alcohol treatment and counseling for individuals with chronic pain, that employees at the facilities were unlicensed with little to no education, training, or experience working with chronic pain patients. He alleges that he discovered that Defendants were treating more patients than they could handle, were providing inadequate care, a...
2024.05.20 OSC Re Preliminary Injunction 253
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.20
Excerpt: ... (1) from sel ling, transferring, alienating, assigning or conveying the property; and (2) from blocking, preventing or inhibiting Plaintiff's access to the Property. Plaintiff has put forward competent evidence supporting her request, and the likelihood of prevailing on her claim to ownership of the subject property. “[T]rial courts must evaluate two factors in determining whether to grant a preliminary injunction application: the probability ...
2024.05.16 Motion to Quash Subpoena 289
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.16
Excerpt: ... Practices Act (“IPA”) statutes (Civ. Code, § 1798, et seq.), is overbroad, and intrusive of her right of privacy. She states Defendants are the cause of the subject crash and her entire driving history is not at issue. The Court agrees that the subpoena is overbroad, imp ermissibly impinges upon Plaintiff's right to privacy, and seeks information not reasonably calculated to lead to the discovery of relevant or admissible evidence. A motion...
2024.05.15 Demurrer 400
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.15
Excerpt: ...es), represe nted to Plaintiffs that they were all qualified to complete the project within six months, and that they inferred the project would cost about $500,000. The Complaint alleges that these representations were false, that the Defendants were not properly lice nsed or qualified, and that the Defendants did not do the work properly, finish on time, or stay within the agreed -upon budget. Defendants David McFarland and David McFarland G...
2024.05.10 Demurrer to FAC 703
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.10
Excerpt: ... 14th, 15th, 16th, and 17th causes of action; sustained without leave to amend as to the 12th cause of action; overruled as to all remaining causes of action. This action alleges a bait -and -switch scheme that drew Plaintiffs into investing in real estate that could be quickly “flipped” with a guaranteed return. Plaintiffs Copp and Fugazzi each allege they were drawn into this scheme and allege the following causes of action: (1) fraudulent...
2024.05.08 Motion for Summary Judgment, Adjudication 000
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.08
Excerpt: ...ent (Pinnacle System in December of 2008) and a partial knee replacement (MAKOPlasty in November of 2009). Relevant to this motion, Plaintiff alleges in the operative Second Amended Complaint that the surgeries were performed negligently by various doctors, including by Dr. Murphy, who was working for Desert Orthopedic Center. The Second Amended Complaint alleges as against these Defendants causes of action for fraud and intentional misrepresenta...
2024.05.07 Motion to Strike Demurrer 324
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.07
Excerpt: ...rth (declaratory relief) causes of action; overrule as to the second (quiet title) and third (prescriptive easement) causes of action. This is a boundary dispute between Plaintiffs and their neighbor, the Colorado Riviera Community Association. Plaintiffs allege four causes of action for: (1) nuisance; (2) quiet title; (3) prescriptive easement; and (4) declaratory relief. Plaintiffs have also named numerous individual defendants, who are alleged...
2024.05.03 Motion for Judgment on the Pleadings 538
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.03
Excerpt: ...e that as to Rob ert Reyes the Cross-Complaint fails to plead his capacity to sue or involves a misjoinder. A motion for judgment on the pleadings addresses defects in a pleading that are disclosed on the face of the pleading or that are subject to judicial notice. (Code Civ. Proc., § 438(d); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reason...
2024.05.02 Demurrer to FAC 609
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.02
Excerpt: ...tiffs the Kamins kis contracted with dismissed Defendant Moving Solutions to act as a shipping broker. Moving Solutions was to arrange to have Plaintiff's belongings and household goods shipped from California to Texas. (FAC ¶ 7.) At some point Hermes Moving was engaged to move the property. (FAC ¶ 9.) The gravamen of this lawsuit is Plaintiffs' contention that Hermes did not deliver all of their property, and damaged some of the property that ...
2024.05.01 Demurrer, Motion to Strike 963
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.01
Excerpt: ...this to her atten tion she told him to continue wearing the dentures to encourage his gums to recede so that the dentures would fit better. That did not work, according to Huerta, and he was left without teeth, essentially, and Defendant refused to fix the problem with thes e new dentures. (Complaint ¶¶ 10 -12, 22- 26.) These allegations are insufficient to support a negligent infliction cause of action. To withstand a demurrer the complaint...
2024.04.30 Demurrer on FAC 433
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.30
Excerpt: ...d a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff...
2024.04.24 Motion for Protective Order 382
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.24
Excerpt: ...o meet and confer in good faith as ordered may result in sanctions. The Court also notes that it has reviewed motions and oppositions at issue. Based on the tone of the documents, the Court finds it is necessary to remind all counsel that civility and professionalis m among counsel should be the norm and not the exception. Counsel need not always agree, but their disagreements, especially when relayed to the Court, should be free of rancor unbec...
2024.04.18 Demurrer 150
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.18
Excerpt: ...alleges, amon g other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the ...
2024.04.17 Demurrer 211
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.17
Excerpt: ...ause of action for re stitution of money paid “pursuant to the Agreement” (Cross -Complaint ¶ 12). The basis of the Cross -Complaint is that The Altum Group is not a licensed contractor and that a contractor's license was required in order to lawfully perform the construction ser vices at issue in the Agreement. (Cross- Complaint ¶¶ 4, 5, 9, 12.) The Altum Group demurrers arguing that both causes of action are uncertain or insufficiently p...
2024.04.12 Motion for Evidentiary Sanctions or to Strike Answers 991
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.12
Excerpt: ...ntiary and/or terminating sanctions. (Code Civ. Proc., § 2023.030(a) -(d).) The court has discretion to issue a terminating sanction in response to a misuse of the discovery process. (Code Civ. Proc., §§ 2023.030(d), 2030.300(e).) Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's actio...
2024.04.11 Motion to Compel Arbitration 734
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.11
Excerpt: ...l distress. Plaintiff argues that this motion should be denied because the arbitration agreement is unconscionable is prohibited under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401, 402. The Court agrees and denies the motion. The parties agree that the agreement at issue is governed by the Federal Arbitration Act, which favors enforcement of arbitration provision in any contract “evidencing a tran...
2024.04.09 Motion to Set Aside Default FAC 769
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.09
Excerpt: ...mitted to th e Court as Exhibit 1 to the Edelstein declaration of February 29, 2024. On July 20, 2023 Defendant Apollo was named as Doe 1 in the action filed by Desert Concepts Construction, Inc. It was defaulted on September 7, 2023. Default was entered based on the r epresentation that Apollo was properly served. The proof of service that Desert Concepts filed states that the First Amended Complaint was personally served on Apollo Venture's A...
2024.04.05 Motion to Tax Costs 871
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.05
Excerpt: ...case, the Wac hters argue that Defendants should not recover their post -offer expert fees because Defendants' 998 Offer was made jointly to the Wachters, and failed to specify the sum offered to each Plaintiff individually. (Motion, 2:5 -9; 4:20 -22; 5:10- 12.) The Wachter s also argue that, even if the section 998 Offer is deemed valid, a significant portion of the fees should still be stricken or taxed as nonrecoverable, because they were inc...
2024.04.05 Demurrer on FAC 482
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.05
Excerpt: ... Amended Compla int, which is entitled “fraudulent inducement -concealment,” alleged as against Ford, and the sixth cause of action for negligent repair alleged as against Fiesta Ford. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, ...

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