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2023.02.16 Demurrer to FAC 115
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.16
Excerpt: ...ite and also its physical locations. Plaintiff alleges that he genuinely wants to use Defendant's goods and services, and that he is a tester who visits places of public accommodation to determine their compliance with Title III of the ADA. He alleges that Defendant's website fails to provide alternative text for graphic images that can be read by screen readers. Plaintiff filed the original Complaint on July 26, 2022 and the operative First Amen...
2023.02.15 Motion for Summary Judgment, Adjudication 648
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.15
Excerpt: ...hidden in a restroom at Defendant La Sierra Academy (“LSA”)1 when Johnson was employed by Defendant Southeastern California Conference of Seventh-day Adventists (“SECC”) as a school counselor. The operative pleadings challenged by the moving Defendant North American Division of Seventh-day Adventists' (“NAD”) Motion for Summary Judgment/Adjudication are as follows: Second Amended Complaint of John CMA Doe, John CMI Doe, and John MMA D...
2023.02.14 Motion to Compel Mental Exam 633
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.14
Excerpt: ...he examinee's bodily and mental privacy and other constitutional rights. (Reuter v. Sup. Ct. (1979) 93 Cal.App.3d 332, 343.) The notice of motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope, and nature of the examination.” (C.C.P., § 2032.310(b).) “Good cause” requires that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matte...
2023.02.14 Demurrer, Motion to Strike 058
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.14
Excerpt: ...tually 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 need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably i...
2023.02.09 Motion to Tax Costs 939
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.09
Excerpt: ...ntiff alleges that Defendants knew or should have known that their premises was in a dangerous, defective, and unsafe condition, which was a menace to Plaintiff and others on the premises. Plaintiff filed her Complaint on April 14, 2021 alleging two causes of action: 1) negligence and 2) premises liability. On October 26, 2022, this Court granted summary judgment in favor of Defendant The Vons Companies, Inc. and against Plaintiff. On November 17...
2023.02.09 Motion for New Trial 877
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.09
Excerpt: ...ding Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th 1440, 1446. Considering the remainder of Juror 11's declaration and the declarations submitted by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in favor of the finding that the Defendant was not negligent. There has been no showing of misco...
2023.02.09 Demurrer on FAC 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.09
Excerpt: ...bligation to meet and confer in accordance with CCP § 430.41(a) and filed an appropriate declaration in accordance with CCP § 430.41(a)(3). Analysis: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of ...
2023.02.07 Motion for Sanctions 648
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.07
Excerpt: ...state has subsequently arrested and charged Johnson for downloading and distributing child pornography. Defendant North American Division of Seventh Day Adventists (NAD) is the governing body for Seventh-Day Adventists and had control over La Sierra Academy. Plaintiffs filed this action (CVRI 2000648) on 12/15/20. Their operative pleading is the Second Amended Complaint (SAC), filed 10/6/21, for: (1) negligence (against all); (2) negligent superv...
2023.02.03 Motion for Summary Adjudication 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.03
Excerpt: ...ive defense, a claim for damages or an issue of duty. (CCP § 437c(f)). Summary adjudication must “completely dispose” of the cause of action, defense, damages claim or duty issue to which it is directed. (CCP § 437c(f)(1).) Where a plaintiff seeks summary judgment, the plaintiff must produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical C...
2023.01.30 Petition to Confirm Appointment of Humane Officer 523
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.30
Excerpt: ...205, 1208; Corp. Code § 14502; Penal Code § 597.1.) Level 1 humane officers also have the authority to carry firearms. (Corp. Code § 14502(h)(1).) Humane societies engage in quasi‐public function and are state actors for the purposes of 42 U.S.C. § 1983. (Brunette v. Humane Society of Ventura County, supra, 294 F.3d at 1208.) Human societies are required to petition the court for appointment of humane officers and provide notice to various ...
2023.01.26 Anti-SLAPP Motion 251
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: ...ition or free speech” … includes … any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or … any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.” (CCP § 425.16(e)(3)‐(4).) Importantly, however, “[t]he...
2023.01.26 Demurrer to SAC 959
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: .... (Moore v. Regents of University of California (1990) 51 Cal. 3d 120,125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daa...
2023.01.26 Motion for Preliminary Injunction 223
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: ...App.3d 131, 138.) Injunctions are rarely granted where a lawsuit for damages provides an adequate remedy. (see Thayer Plymouth Ctr, Inc. v. Chrysler Motors Corp. (1967) 255 Cal.App.2d 300, 307; Pacific Decision Sciences Corp. v. Sup. Ct. (Maudlin) (2004) 121 Cal.App.4th 1100, 1110.) Kazarian and FCM characterize the need for a TRO as an emergency, which is necessary because Plaintiff, Luisine Babloyan and her attorney, Mike Gatto, are willfully v...
2023.01.26 Motion to Strike, Demurrer 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: ...damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6‐7.) Plaintiff is relying on malice, wh...
2023.01.24 Motion to Set Aside Default Complaint 517
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.24
Excerpt: ..., which renews as a matter of law. Plaintiffs allege that Defendants failed to maintain/repair the property making it uninhabitable under California law. They allege that their units were infested with insects; and generally dilapidated or improperly maintained. Plaintiffs allege they constantly complained, but nothing was done to correct the uninhabitable conditions, which have caused injuries and damages including severe emotional distress. Pla...
2023.01.24 Motion to Compel Arbitration and Stay Proceedings 754
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.24
Excerpt: ... Plaintiff. Plaintiff contends the “alleged agreement is missing the necessary markings that would be included if it were electronically signed.” (Opp. P.5.) Plaintiff's declaration contends the agreement presented by Defendant is missing Defendant's information (name, real estate office information at the bottom of the form) and envelope numbers which are needed in a digital signature. (Honeyfield Decl. p.2.) Plaintiff contends if the agreem...
2023.01.24 Motion for Leave to Amend Complaint 532
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.24
Excerpt: ...giving rise to the amended allegations were discovered, and (4) The reasons why the request for amendment was not made earlier.” C.R.C. 3.1324(b). Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of th...
2023.01.23 Motion to Compel Further Responses, for Sanctions 327
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.23
Excerpt: ...ith that party's statement of compliance, the demanding party may move for an order compelling compliance.” There is no requirement to meet and confer before bringing such a motion and no time period to bring such a motion. CCP § 2031.320. Plaintiff asserts that while Defendant responded to some of its requests indicating that it would produce documents, the production was not code compliant. CCP § 2031.280(a) requires that “[a]ny documents...
2023.01.23 Motion to Compel Arbitration 165
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.23
Excerpt: ...) retaliation; 3) failure to prevent discrimination and retaliation; 4) wrongful termination; and 5) intentional interference with contract. By these Motions, Defendant seeks to compel arbitration of Plaintiff's claims and to stay the action. It claims that Plaintiff signed an arbitration agreement both upon hiring and another agreement related to the B‐Unit shares at issue in the interference with contract cause of action. It asserts that ther...
2023.01.20 Motion for Summary Judgment to FAC 823
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.20
Excerpt: ...orked as an administrative services assistant. While employed by the District, Plaintiff developed bilateral carpal tunnel syndrome and suffered from a lower back injury, which limited her life functions, including the ability to work. In May 2020, Plaintiff's physician placed her on continuous medical leave. On August 19, 2020, Plaintiff underwent carpal tunnel release surgery, but remained off‐work until June 24, 2021. In April 2021, while Pl...
2023.01.19 Demurrer to FAC 741
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.19
Excerpt: ...ired Defendant Commodity Trucking Acquisition, LLC d/b/a Dispatch Transportation (“Dispatch”) (collectively, “Defendants”), to excavate and remove dirt from Facilities Corp.'s property. (FAC ¶ 11.) He alleges that, during the course of this excavation project, airborne particles and dust migrated from Facilities Corp.'s property, located at North/East of 215 and South of Ellis Avenue, Romoland, California, and were carried to the relativ...
2023.01.17 Motion to Compel Arbitration 474
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.17
Excerpt: ...pt employee working as part of the Field Crew. (Maciel Decl. ¶ 3.) In connection with his employment with Defendant, Gonzalez executed an Arbitration Agreement on November 18, 2020, agreeing to arbitrate any and all employment‐related disputes with Defendant on an individual basis and waiving, among other things, his right to bring any representative action. (Maciel Decl., ¶ 4, Ex. A.) Specifically, the Arbitration Agreement states, in releva...
2023.01.17 Motion to Compel Arbitration 464
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.17
Excerpt: ... the present petition/motion to compel arbitration before any arbitral body other than the AAA. * * * In his motion, Plaintiff argues that under the Retail Installment Sales Contract (“RISC”), he is entitled to select the arbitration forum. Plaintiff argues that AAA is an insufficient forum and is not favorable to consumers. Plaintiff further argues that although other manufacturers agree to arbitrate in forums other than AAA, NNA has unreaso...
2023.01.17 Demurrer, Motion to Strike 738
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.17
Excerpt: ... yard. On December 20, 2021, Kimberly, by and through her Guardian ad Litem, Antonia Salazar Rocha, and Antonia Salazar Rocha, individually (“Ms. Rocha”) (collectively, “Plaintiffs”) filed a Complaint against Defendant County of Riverside (the “County”), alleging (1) negligence, (2) negligence per se, (3) negligent hiring, supervision, or retention, and (4) strict liability. On March 10, 2022, the County filed its Answer to the Compla...
2023.01.17 Demurrer 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.17
Excerpt: .... and I.S., with their mother, Plaintiff Kandis Spann (“Kandis”). (Id. at ¶ 5.) In April 2021, Decedent was charged with misdemeanor for allegedly violating a protective order against Kandis. (Id.) On April 22, 2021, Decedent attended family court proceedings relating to the custody of his two minor children. (Id. at ¶ 7.) Kandis believed Decedent was acting erratically and sought help from two people who worked at Justice Bail Bonds. (Id. ...
2023.01.12 Demurrer to FAC 421
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.12
Excerpt: ... In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records d...
2023.01.10 Motion to Expunge Lis Pendens 887
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.10
Excerpt: ...sbra (“Asbra”), all of the defendants engaged in various fraudulent transfers to frustrate efforts to enforce the judgment against Asbra. Among other things, Plaintiff alleged that Asbra fraudulently transferred real property on Gavilan Road in Perris, CA (the “Property”) to Novorr and Pezzuto. On April 25, 2019, Plaintiff recorded a lis pendens against the Property. On August 5, 2022, the court entered judgment on a jury verdict in favor...
2023.01.05 Demurrer to TAC 426
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.05
Excerpt: ...ersity of California (1990) 51 Cal.3d 120, 125.) The court assumes the Page 3 of 5 truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow C...
2023.01.05 Demurrer to FAC 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.05
Excerpt: ...urrer without a declaration in compliance with CCP § 430.41(a)(3). Thus, the hearing is continued. *** Accordingly, the hearing on the demurrer is continued to February 9. 2023 at 8:30 a.m. in Dept. 2. Moving Defendant is ordered to meet and confer with Plaintiffs by telephone (or in person while observing applicable social‐distancing protocols) for the purpose of determining whether an agreement can be reached that would resolve the objection...
2022.12.21 Motion for Summary Judgment on SAC 417
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.21
Excerpt: ... filed this action on 6/1/20. On 3/23/21, Plaintiff filed his First Amended Complaint for: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) breach of contract; (6) public nuisance. Defendant brings this motion. It contends that the motion should be granted because it had no notice that there was a bed bug problem at the time Plaintiff stayed at the hotel. It asserts that it had a proce...
2022.12.21 Motion for Summary Adjudication on TAC 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.21
Excerpt: ... for damages or an issue of duty. (CCP § 437c(f)). The third, seventh and eighth affirmative defenses‐ Plaintiff's only evidence/argument regarding these affirmative defenses is that they are “traverse/denial, not an affirmative defense.” (UMF 5, 20 and 21.) CCP § 437c(f)(1) provides: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for d...
2022.12.20 Motion to Tax Costs 887
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.20
Excerpt: ...tions. (County of Kern v. Ginn (1983) 146 Cal.App.3d 1107, 1113‐1114.) In order for the burden to shift to back to the party seeking the costs, the mere filing of a motion to tax is not enough; the party challenging the costs needs to provide evidence that the costs were unnecessary or unreasonable. Items appearing to be proper charges in the memorandum of costs places the burden on the party challenging the costs to show they were not reasonab...
2022.12.20 Motion to Stay All Proceedings Pending Appeal 690
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.20
Excerpt: ...ding in different courts “which share common questions of fact or law when such coordination will promote the ends of justice taking into account the…factors specified in section 404.1” (Pesses v. Superior Court (Pacific Southwest Airlines) 107 Cal.App.3d 117, 123.) The instant case does not involve a petition for judicial coordination, and hence, section 404.1 is not a proper ground on which to seek an order staying all proceedings in this...
2022.12.20 Demurrer to SAC 612
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.20
Excerpt: ...complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the c...
2022.12.19 Motions to Compel Responses 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.19
Excerpt: ...Form Interrogatories 12.2 and 12.3 Special Interrogatories 27, 30 and 69 request the identification of certain documents. Matika responded to special interrogatories 27 and 30 with “Responding party is unaware of any documents at this time as the conversations were oral.” Similarly, Matika responded to this interrogatory 69 with “none.” These responses are substantive and respond to the interrogatories at issue. Matika responded to Form I...
2022.12.19 Motion to Tax Costs, for Award of Postoffer Costs and Expert Fees 887
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.19
Excerpt: ...ding deposition costs related to the deposition of defendant Christene Asbra, who was an officer, director, and shareholder of defendant CSJ. The court declines to tax the amount sought based on the percentage of inquiry at the deposition specifically related to CSJ; the court finds the deposition was reasonably necessary to the litigation, regardless of the percentage of questions regarding particular defendants, and that the charges are reasona...
2022.12.16 Demurrer, Anti-SLAPP Motion, Right to Attach Order, for Preliminary Injunction 251
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.16
Excerpt: ...SWIT CANYON, INC. Tentative Ruling: Overrule the demurrer. The interpretive questions the parties raise cannot be resolved on a pleadings motion. (Aragon‐ Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 [“Where a complaint is based on a written contract which it sets out in full, a general demurrer to the complaint admits not only the contents of the instrument but also any pleaded meaning to which the instrument is...
2022.12.13 Motion to Compel Arbitration 439
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.13
Excerpt: ...ion unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by re...
2022.12.06 Demurrer to FAC 825
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.06
Excerpt: ...c. (W‐W) allegedly designed, manufactured, and supplied livestock equipment including the Bucking Chutes where the accident occurred, which the City purchased on 1/16/02. Plaintiffs allege that on 5/22/22, Dennis Eller was injured during a team roping event involving the Bucking Chutes. He alleges that he was swinging a rope in pursuit of a steer when the loop caught an unprotected/unguarded vertical pole in the Bucking Chutes. This caused the ...
2022.12.05 Motion for Summary Judgment on FAC 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.05
Excerpt: ... not possess and cannot reasonably obtain needed evidence. (CCP §437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evidence, the defendant must...
2022.12.02 Motion to Compel Further Deposition Testimony 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.02
Excerpt: ...y her brother. a. Notice of Sexual Harassment At Plaintiff's deposition, RUSD's counsel asked the following line of questioning: “Besides reporting the bullying at any time, did you ever report feeling sexually harassed by anyone when you were attending either Arlington or North [High School]?” (Bauermeister Decl. ¶ 3, Ex. A at 55:3–10.) Plaintiff's counsel objected under CCP § 2017.220, arguing that Defendants are not entitled to ask abo...
2022.11.30 Demurrer to FAC 665
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.30
Excerpt: ... complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, but only to hold h...
2022.11.29 Motion to Compel Further Responses 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.29
Excerpt: ...nce and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th at 98.) Meet & Confer Page 3 of 6 Important...
2022.11.29 Motion for Summary Judgment 164
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.29
Excerpt: ... rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants provide any evidence. From commencement to conclusion, the party moving for...
2022.11.28 Motion to Compel Responses, for Sanctions 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.28
Excerpt: ...60, 67‐71) or sexual misconduct perpetrated against the District's students (SI 53.) District contends that the information sought by these interrogatories related to other students is protected by Education Code § 49076. It is true that access to a pupil's records is restricted by statute, except in certain circumstances, such as where written parental consent is given, or pursuant to court order. (Educ. Code § 49076.) Educ. Code § 49073 re...
2022.11.28 Motion for Compel Arbitration 888
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.28
Excerpt: ...owever, it is clear that Angela signed the agreement as Ruth's agent, not on her own behalf, as the court found in Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 687, wherein the court found that Daniel's wrongful death claim was not arbitrable because she did not sign the residency agreement in her personal capacity and was therefore a third party to the agreement. Therefore, none of the Plaintiffs' individual wrongful death ...
2022.11.18 Motion for TRO, Preliminary Injunction 263
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.18
Excerpt: ...e was recorded on 6/10/22 and the sale date was continued to 9/13/22, subsequent to her dismissal of the bankruptcy. (Complaint ¶ 13.) Plaintiff contends that she submitted a loan modification packet to Defendant EWL on 8/24/22 and that it failed to comply with several sections of the Homeowners Bill of Rights (HBOR.) Plaintiff filed her verified complaint on 10/3/22 alleging causes of action for: 1. Violation of Civil Code § 2923.5, 2. Violati...
2022.11.18 Motion for Summary Judgment 267
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.18
Excerpt: ...ving party is entitled to a judgment as a matter of law.'” S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 387‐388. A plaintiff moving for summary judgment or adjudication has the burden to produce evidence on each element of a cause of action entitling her to judgment. Id. at 388. “If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists...
2022.11.17 Motion for Summary Judgment 578
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.17
Excerpt: ...ide Hosing Development Corporation (“RHDC”). Plaintiff alleges that she tripped on a negligently maintained sidewalk and fell down stairs, sustaining serious bodily injuries. On May 2, 2021, Plaintiff filed her Complaint. She asserts three causes of action for: (1) Dangerous Condition on Public Property; (2) Negligence; and (3) Negligence. The City and RHDC (collectively “Defendants”) now move for summary judgment, or in the alternative, ...
2022.11.17 Demurrer on FAC 665
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.17
Excerpt: ...to deem the entire complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, ...

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