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.02.02 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: .02.02
Excerpt: ... quiet title action. 4 Plainti¯ disputes UMF No. 7, in part. Plainti¯ states that she does not dispute the date of purchase of the property. She disputes as to title and to the supporting facts and the Dai Decl. but does not clarify. However, this does not controvert he moving fact that the property was conveyed. 5 Plainti¯ does not dispute the moving fact. She disputes that it was a valid transfer, claiming it was fraudulent. Page 5 of 7 D...
2020.08.13 Demurrer 806
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.13
Excerpt: ...ontends he did not have the opportunity to discover the facts until 2/23/18 as stated in his Complaint. The “discovery rule” is an exception to the general rule that an action accrues when appreciable harm occurs. (Fox v. Ethicon Endo‐Surgery (2005) 35 Cal.4th 797, 807.) The discovery rule only delays accrual until the plaintiff has, or should have, inquiry notice of the cause of action, i.e., “plaintiffs are required to conduct a reasona...
2020.08.12 Demurrer 580
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.12
Excerpt: ...misinterprets plaintiff's allegations. Defendants argue the Proposal itself contradicts plaintiff's allegation that he did not receive notice after the merger was completed, as required by the Corporations Code. Defendants contend the Proposal, which includes references to the Corporations Code, contradicts the allegation that plaintiff did not receive notice. Plaintiff's opposition is correct, however, that the Proposal was allegedly provided to...
2020.08.11 Demurrer 282
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.11
Excerpt: ...ourt of the purpose, historically, of demurring to an answer: A plaintiff moving for summary judgment had to disprove defendant's affirmative defenses, so plaintiff made sure, by way of demurrer, that those affirmative defenses were pled in very fact‐specific allegations. The summary judgment statute, however, was amended in 1992, eliminating this requirement. (Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554...
2020.08.05 Application to File Under Seal 580
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.05
Excerpt: ...terest that overcomes the right of public access to the record.” 2. Whether “[t]he overriding interest supports sealing the record.” 3. Whether “[a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.” 4. Whether “[t]he proposed sealing is narrowly tailored.” 5. That “[n]o less restrictive means exist to achieve the overriding interest.” Here, the defendants have set forth ...
2020.07.15 Demurrer, Motion to Compel Further Responses 588
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.15
Excerpt: ...nd mockingly criticize Plaintiff's work performance in cleaning hand rails and telling Plaintiff to use his other arm, despite him needing to use both arms in order to perform his job. Plaintiff alleges that the harassing behavior was pervasive for three fourths of the year; however, he does not allege what conduct, other than isolated incidents, went on for that long. Further, the examples provided all relate to criticism related to job performa...
2020.07.08 Motion to Tax Costs, for Attorney Fees 150
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.08
Excerpt: ...54.00 $ 0 Lodging $ 4,928.77 $ 0 Mileage $ 0 $ 1,599.41 Parking $ 0 $ 253.20 Uber $ 0 $ 900.67 Messenger fees $ 0 $ 149.39 $26,502.72 Unchallenged portions of the MOC: $ 6,545.17 $33,047.89 $23,543.24 Item No. 1 (Filing and Motion Fees): As to the “Brief Declaration” ($309.75), CDCR correctly argues that the reinstatement issue was not the focus of any disputed issue in this case, and therefore, was not necessary to this litigation. While Pla...
2020.07.06 Demurrer 809
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.06
Excerpt: ...harming her son at the time the injection was being administered, but rather alleges that she was aware of the harmful effect of the excessive medication given to her son as she watched her son's “death spiral.” Nor does Plaintiff allege that the injury‐producing event was the hospital staff's negligent medical care after the administration of the medication and that she was aware her son was receiving inadequate remedial care. Plaintiff be...
2020.06.15 Motion to Compel Deposition of PMK 382
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.06.15
Excerpt: ...motion is denied. This request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 3 – the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 4 ‐ the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 5 ‐ the motion is denied. The request is overbroad and is not tailored to the specific c...
2020.06.04 Motion to Expunge Lis Pendens 514
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.06.04
Excerpt: ...nd it is speculative and improper opinion; Page 3, Line 26, Paragraph 16. “Secondly, grading requires a separate permit from the City of Riverside.” Objection is overruled; Page 3‐4, line 27, paragraph 16 Objection is sustained as it contains hearsay and lacks authentication. Page 4, Line 5, paragraph 17, the objection is sustained as the statement is hearsay. Plaintiff's request for judicial notice is granted. Defendant 3591 Tyco, LLC's re...

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