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2024.06.06 Motion to Set Aside Appeal 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.06

Excerpt: ...which was owned by Plainti ff's late mother and subsequently purchased at foreclosure by Breckenridge. Chandra was Breckenridge's attorney. The original complaint alleged violation of HBOR by RMF and various contract and fraud causes of action against Breckenridge. As against Chandr a, Plaintiff alleges defamation per se (7th cause of action) and intentional inﬂiction of emotional distress (8th cause of action). On September 5, 2023, the Court ...

2024.06.06 Motion for Summary Judgment on FAC 189
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.06

Excerpt: ...�Herrera”) within the course and scope of his employment with Area 29, LLC. (The “Incident.”) On August 10, 2021, Plaintiffs ﬁled a Complaint against Gerardo Herrera and Postmates, LLC, for (1) Motor Vehicle: Property Damage and Personal Injury and (2) General Negligenc e, purportedly (but apparently incorrectly) believing that Herrera was working for it at the time of the Incident. Indeed, Herrera was not working for SCZZ Collective, Inc...

2024.06.06 Demurrer 822
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.06

Excerpt: ..., controlled, managed, and occupied the real property located at 77827 Wolf Road, #4, Palm Desert, California (the “Property”). (Complaint at ¶¶ 3, 13.) On May 7, 2022, Plaintiff was lawfully on the Property to paint the interior walls of a warehouse, and Defendant provided him with a 24 -foot ladder for his work. (Complaint at ¶¶ 9 -11.) While Plaintiff was on the top of the ladder, it slipped/folded, causing him to fall 24 feet to the c...

2024.06.06 Motion to Quash Deposition Subpoena for Monetary Sanctions 502
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.06

Excerpt: ...�) retained the services of The Mack Law Offices (“Law Office”) and Louis Barry Mack (“Mack”) to represent her in her divorce, domestic violence, and child custody case in May 2022. In or about August 2022, Mack allegedly grabbed Plaintiff by her crotch and told her t hat she needed to play the game to win her case and kissed her. He also threatened her children. He then forced/coerced her into doing things of a sexual nature that she did...

2024.06.05 Demurrer, Motion to Strike TAC 240
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.05

Excerpt: ...ARB to ﬁle their answer within 20 days of this order becoming ﬁnal. Moving party to provide notice. Johnson- Peltier (“JP”) is an electrical subcontracting ﬁrm. It contends that ARB, Inc. (“ARB”) a multibillion- dollar infrastructure services company entered into a prime contract with Southern California Gas Company (“Gas Company”). ARB hired JP to work on Gas Company's project. JP contends that ARB failed to pay JP for all mone...

2024.06.04 Demurrer on TAC 674
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.04

Excerpt: ...“Johns”) and A my Vanocur Strebe (“Strebe”). They contend they believed they were purchasing a 100% interest in the property. They assert that in August 2021, they learned for the ﬁrst time that they were only conveyed 50% interest in the property. They assert that Jamk e, Johns, and Strebe all failed to disclose that Jamke was only conveying a 50% interest. They assert that the price they paid for the property was fair market value for...

2024.06.03 Motion to Tax Costs 599
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.03

Excerpt: ... The j ury's award totaled $167,000. Plaintiff did not beat his offer to compromise made pursuant to CCP § 998. On March 25, 2024, plaintiff electronically served a Memorandum of Costs seeking $18,320.00 in claimed costs. (Declaration of Jesse A. Allen (“Allen D ecl.”), Ex. A – Memorandum of Costs and supporting documentation.) Defendant George Jordan Bagdon (“Defendant”) now moves to strike and tax costs of Plaintiff Sebastian Penunur...

2024.06.03 Motion to Compel Further Responses 455
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.03

Excerpt: ..., 25, 26, 27, 30, 43, 44, 45, 48, 87, and 88 and requests monetary sanctions in an unspeciﬁed amount. Plaintiff asserts that she seeks documents relating to Defendant's internal investigation and analysis of the Transmission Defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such Defects but nevertheless refused to repurchase the vehicle. Plaintiff asserts that in this regard she seeks four categories of doc...

2024.06.03 Motion for Attorney Fees 937
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.06.03

Excerpt: ... Association (“As sociation”) is an association established to manage the Davis -Stirling -style common interest development. (Compl. ¶ 2.) Defendants Juan Paredes and Belen Paredes, Trustees of The Paredes Revocable Living Trust under Trust Instrument dated February 9, 2020 (“Defendants”), are the owners of 89895 Ciego Drive, Bermuda Dunes, CA 92203 (“Property”). (Id.) The Property is located within Bermuda Golf Club Estates Unit No...

2024.05.30 Motion to Compel Deposition of PMQ 091
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.30

Excerpt: ... contained defects to the engine, battery system, fuel gauge system, electrical system, air conditioning system, and other potential defects. Plaintiff alleges she provided Defendant General Motors, LLC (“Defendant” or “GM”) and its representatives with sufficient opportun ity to repair the vehicle, but they were unable to do so within a reasonable number of attempts. She alleges the defects have substantially impaired the safety, use and...

2024.05.30 Motion for Summary Judgment on FAC 984
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.30

Excerpt: ... Amended Complaint aga inst Defendant, asserting causes of action for: (1) failure to accommodate; (2) failure to engage in a good faith interactive process; (3) wrongful discharge based on disability; (4) retaliation based on opposing unlawful business practices, in violation o f G o v. Code § 12940(h); (5) retaliation based on discrimination in violation of Gov. Code § 12940(m)(2); and (6) failure to prevent discrimination. In the FAC, Plaint...

2024.05.30 Motion to Compel Deposition, IME, for Monetary Sanctions 069
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.30

Excerpt: ...try Cl ub in Cathedral City. Trial is currently set for 9/26/24. Defendant moves to compel Plaintiff's deposition, who has refused to appear for deposition near her home in Cathedral City. Defendant requests monetary sanctions of $1,800 against Plaintiff and he r counsel. Defendant also moves to compel an IME of Plaintiff, which Plaintiff has refused to do as she does not reside in California. Plaintiff contends that she resides in Vancouver, Can...

2024.05.30 Motion to Compel Further Responses 858
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.30

Excerpt: ...33, 44, 45, 64, 65, 66, 67, 79, 80, 89, 91, 92, 101, 111, 112, 116, 117, and 118 are granted. Defendant to provide further veriﬁed responses and production within 30 days. Request Nos. 7, 8, 9, and 115 are denied. Defendant is further ordered to pay reasonable attorney's fees and costs to Plaintiffs in the amount of $750.00 within 30 days of service of notice. This is a lemon law case stemming from Plaintiffs Jose and Stacy Espinoza's (“Plain...

2024.05.29 Motion to Compel Further Responses, Deem RFAs Admitted, for Monetary Sanctions 512
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.29

Excerpt: ...ttorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to give notice pursuant to Code of Civil Procedure section 1019.5. Plaintiff moves to compel responses to written discovery. This is an action for motor vehicle negligence arising out of an alleged rear -end automobile accident caused by Defendant Montenegro, who was the dri...

2024.05.23 Motion to Vacate Dismissal 026
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.23

Excerpt: ...rd Villas Community Association ﬁled the complaint in this action, alleging defendant Michael B. Street, as Trustee of the Washington Avenue Trust, owns real property within the association and failed to pay assessments in breach of the CC&Rs. On December 15, 2021, Defendant ﬁled a cross -complaint against Plaintiff, alleging slander of title, cancellation of instrument and declaratory relief, for allegedly recording an unwarranted lien again...

2024.05.22 Motion for Summary Judgment, Adjudication 385
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.22

Excerpt: ... with a moto rized shopping cart in the entrance area of the warehouse. Ms. Stevens is a third party and is not employed by Costco. Ms. Stevens was looking down when she hit Plaintiff. Now, Plaintiff sues Defendants for negligence and premises liability for the neglige nce of a third party. The Complaint was ﬁled on May 16, 2023 and alleges causes of action for (1) negligence and (2) premises liability. On January 25, 2024, this Court denied a ...

2024.05.22 Motion for Judgment on the Pleadings 139
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.22

Excerpt: ...0/20/23, asserts: (1) Civil Code §1793.2(d); (2) Civil Code §1793.2(b); (3) Civil Code §1793.2(a)(3); (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) Magnuson -Moss Warranty Act. Trial is not set. Defendants move for judgment on the pleadings for failure to state facts sufficient. They argue that the Song -Beverly claims are barred by the statute of limitations since the sale occurred on 7/18/13. They asser...

2024.05.22 Demurrer, Motion to Strike 479
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.22

Excerpt: ... et seq.) perta ining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center (“EMC”). Plaintiffs have now ﬁled their Fourth Amended Complaint (“4AC”) after this Court's sustaining of the demurrer to the Third Amended Complaint (“TAC”) and motion to strike portions thereof. Plaintiffs' allegations continue to remain insufficient to cure the deﬁciencies addressed by the Court in its previo...

2024.05.22 Demurrer 248
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.22

Excerpt: ...ut Dece mber 21, 2023, Plaintiffs Alan "Al" Sussman and Vicki Sussman (“Plaintiffs”) ﬁled a Complaint against Defendant Christopher Neil Enterprises, Inc (“Defendant”) The Complaint alleges causes of action for (1) Declaratory Relief to Declare Contract Void or V oidable or Unenforceable under the Home Improvement Law, Bus. & Prof. Code §§ 7150 et seq., (2) Breach of Contract, (3) Negligence, (4) Negligence Per Se, (5) Violati...

2024.05.21 Demurrer 291
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.21

Excerpt: ... comprisi ng a single cause of action for legal malpractice, pursuant to California Code of Civil Procedure section 430.10(e) on the grounds that Plaintiffs have failed to allege facts sufficient to constitute a cause of action because Plaintiffs have failed to alle ge facts establishing a duty running from Defendants to Plaintiffs, which is a necessary element of Plaintiffs' cause of action for legal malpractice. In opposition, Plaintiffs assert...

2024.05.17 Motion to Compel Vehicle Inspection 650
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.17

Excerpt: ...led a co mplaint for violations of SongBeverly: (1) breach of express warranty; (2) breach of implied warranty; and (2) Civil Code §1793.2. Trial is currently set for 5/17/24. Defendant moves to compel inspection of Plaintiff's vehicle at an authorized dealership. Defendant seeks sanctions of $1,425.00 against Plaintiff and counsel. Alternatively, Defendant requests issue and evidentiary sanctions. On 10/18/23, Defendant served a notice of inspe...

2024.05.17 Motion for Leave to File Amended Complaint 945
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.17

Excerpt: ...re various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt ﬁled his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wr ongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warranty of Habitability Pertai...

2024.05.16 Motion to Compel Further Responses, Monetary Sanctions 216
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.16

Excerpt: ...uant to CC P §1019.5. Attorney fees and costs awarded to moving party and counsel in the amount of $1,060.00 payable by responding party and counsel within 30 days of this order becoming ﬁnal. Moving party to provide notice pursuant to CCP 1019.5. This is a commer cial lease dispute. Plaintiff Chedraui USA, Inc. dba Bodega Latina Corp. alleges that it entered into a lease with defendant El Tigre Investment, LLC on January 4, 2018 (the “Lease...

2024.05.16 Motion for Summary Judgment on FAC 175
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.16

Excerpt: ... Defendants”). In addit ion to the Entity Defendants, Plaintiffs also named their officers and directors, including Kaveh Daryaie, Stephan Stephanoff, Miraya Lisa Daryaie, and Paris Dominique Daryaie (collectively, “Defendants”). On May 3, 2023, and their operative First Amended Complaint (“FAC”) on September 21, 2023. In their thirteenth cause of action for violation of Contractors' State Licensing Law, Bus & Prof. Code § 7000 et seq....

2024.05.15 Motion to Compel Deposition of PMQ and Custodian of Records 650
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.15

Excerpt: ...ber 13, 2021, Plaintiff Mario Serna (“Plaintiff”) purchased a 2021 Honda Accord (“Subject Vehicle”), which was manufactured and/or distributed by Defendant American Honda Motor Company (“Defendant” or “Honda”). The Subject Vehicle was purchased with certain express warranties. Plaintiff alleges that the Subject Vehicle was delivered with defects and nonconformities, including a defective Honda Sensing System. Plaintiff asserts tha...

2024.05.14 Motion to Compel Responses 027
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.14

Excerpt: ...d. Plainti ffs Elliot A. Schutzer and Aileen P. Schutzer individually, and as trustees of the Schutzer Trust 2002 dated April 19, 2002 (“Plaintiffs”) are the owner a large residential property located in Rancho Mirage (“Subject Property”). On May 18, 2020, Plaintiffs entered into a written construction contract (“Contract”) with Defendant Engstrom Construction, Inc. (“ECI” or “Defendant”) for a major remodeling project for the...

2024.05.14 Demurrer on TAC 013
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.14

Excerpt: ...on against Defe ndant Asurion Consumer Solutions, Inc. Defendant Asurion demurs to each of these causes of action, on the grounds they are fatally uncertain, and do not allege facts sufficient to state a valid cause of action against Asurion. Defendant also asserts that t he CTAC is a sham pleading. Defendant asserts that Plaintiff's Third Amended Complaint, and the corrected version, constitutes a “Sham Pleading” in that she omitted allegati...

2024.05.13 Motion to Compel Further Responses 998
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.13

Excerpt: ...nses to Deposit ion Questions numbers 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 22, 23 25 and 27. Sanctions not imposed pursuant to agreement between parties that “sometimes there are issues that just need the court to resolve (Harnik Decl.) Moving party to provide notice pursuant to CCP 1019.5. This is an employment law case in which Plaintiff Norma Castellanos alleges 17 causes of action for: 1) gender harassment, 2) sexual harassment, 3) failur...

2024.05.09 Motion to Set Aside Default 692
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.09

Excerpt: ...or Plaintiff to obta in a conditional use permit. The contract cost was to be $304,147.15 inclusive of labor and materials. Plaintiff alleges that Mirage failed to perform in a workmanlike manner and overbilled in excess of $70,000. Plaintiff also alleges that he hired Defenda nt Van Surveying, Inc. (“Van”) to perform a survey of the Subject Property. Plaintiff alleges that Van was negligent and breach its obligations to Plaintiff by improper...

2024.05.09 Motion to Quash Subpoenas, to Compel Compliance 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.09

Excerpt: ...Judgment Cre ditor”) and against defendant David Ross (“Judgment Debtor”) in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. Between December 20, 2023 and January 26, 2024, Judgment Creditor served 21 subpoenas duces tecum on various third parties for records related to Judgment Debtor's assets (collectively “Subpo...

2024.05.09 Motion for Summary Judgment on FAC 466
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.09

Excerpt: ...d. This is an employment law case in which Plaintiffs Cindy Balch, Lavonne Perez and Egle Balsiene, all were nurses with Defendant Eisenhower Medical Center, allege in their First Amended Complaint six causes of action for: 1) Religious discrimination/failure to accommodate, 2) medical condition discrimination/failure to accommodate, 3) retaliation, 4) disparate treatment, 5) wrongful discharge and 6) genetic information discrimination. In the in...

2024.05.08 Motion to Compel Arbitration 081
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.08

Excerpt: ...ime with sanctions up to but not to exceed $1,500.00 and or dismissal of pleadings. Case Management Conference is vacated. This is an employment law case in which Plaintiff Randy Pellum alleges 8 causes of action for: (1) Discrimination on the basis of age and race/color/ancestry/national origin of the California Fair Employment and Housing Act ("FEHA"); (2) Hostile work environment; (3) Retaliation for engaging in protected activity; (4)...

2024.05.07 Motion to Compel Further Reponses 858
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.07

Excerpt: ...ase stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to exper...

2024.05.07 Demurrer, Motion to Strike 988
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.07

Excerpt: ...led, Defendant to ﬁle their answer within 20 days of this order becoming ﬁnal. Moving party to provide notice pursuant to CCP 1019.5. This action arises out of Plaintiffs Rosa Chai and Tony Chai's (“Plaintiffs”) sustaining injuries from bedbugs at the Westin Miss ion Hills Resort Villas hotel (the “hotel”) in Rancho Mirage. On July 31, 2020, Plaintiffs checked into the hotel and were assigned Room 3913. On August 3, 2020, Mr. Chai beg...

2024.05.06 Motion to Compel IME 984
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.06

Excerpt: ...failure t o engage in the good faith interactive process, 3) wrongful discharge, 4) retaliation for opposing unlawful practices, 5) retaliation for requesting accommodation, and 6) failure to prevent discrimination. In the instant motion, Defendant Coachella Valley Water District moves the court to compel Plaintiff to submit to an independent mental examination, pursuant to CCP §2032.310. In support of the motion, Defendant's counsel Jorge Luna ...

2024.05.06 Motion for Attorney Fees 367
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.06

Excerpt: ... regarding a 2015 GMC Sierra 2500. Plaintiffs allege defects and nonconformities to warranty manifested during the warranty period including the battery; the engine; among other defects and non- conformities. On 1/26/22, Plaintiffs ﬁled a Song -Beverly complaint asserting: (1) breach of express warranty – Civil Code § 1793.2(d); (2) Civil Code § 1793.2(b); (3) Civil Code § 1793.2(a)(3); and (4) breach of implied warranty; of merchantabilit...

2024.04.30 Demurrer on SAC 772
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.30

Excerpt: ...esert San ds Uniﬁed School District (employee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Pla...

2024.04.30 Demurrer, Motion to Strike 213
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.30

Excerpt: ...l. If 1s t Amended Complaint is not ﬁled, Defendant is granted 20 days to ﬁle their answer from date of this order becoming ﬁnal. Moving party to provide notice pursuant to CCP 1019.5. This is a bed bug case in which Plaintiff Linda Martini alleges 9 causes of action for 1) breach of warranty of habitability (violation of Civ. Code §1941.1), 2) breach of habitability (violation of H & S Code §17920.3), 3) negligence/premises liability, 4)...

2024.04.30 Motion to Deem RFAs Admitted, to Compel Responses, for Sanctions 549
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.30

Excerpt: ...covery an d to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff ﬁled the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants as a...

2024.04.29 Motion to Deem RFAs Admitted, for Sanctions, to Compel Further Responses 549
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.29

Excerpt: ... discover y and to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff ﬁled the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants ...

2024.04.26 Motion to Compel Arbitration 514
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.26

Excerpt: ... this, Defendants alleged ly failed to properly compile, account for, and pay Plaintiff for the hours she worked. The complaint asserts the following causes of action: (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to timely pay wages upon termination, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to indemnify for business expenses, and (7) unfair competition. Defendants co...

2024.04.26 Demurrer, Motion to Strike 018
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.26

Excerpt: ... answer to r emaining causes of action within 20 days of this order becoming ﬁnal. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiffs, Oscar and Patricia Zamorano, allege that Defendant, Jorgen Harjo, is a sales person/employee of Defendant, Energy Serv ice Partners, Inc. dba ESP Contracting (ESP), which is a partner to Defendant, Goodleap, LLC (Goodleap). Plaintiffs allege Harjo represented to them that he was selling solar, which ...

2024.04.23 Motion for Summary Judgment on FAC 202
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.23

Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be conﬁrmed by AVI. However, AVI did not inspect the property. Instea...

2024.04.23 Demurrer on SAC 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.23

Excerpt: ...ge Property Fund 2 016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plaintiff ﬁled the ﬁrst amended complaint (“FAC”) on November 27, 2023. The FAC set forth eleven causes of action: (1) Violation of HBOR – Dual Tr acking (against RMF); (2) Breach of Contract (against Breckenridge); (3) Gross Negligence (against Breckenridge); (4) Intentional Misrepresentation (against...

2024.04.22 Motion to Withdraw Deemed Admissions 653
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.22

Excerpt: ...oice”), and Anschutz Entertainment Group, Inc. (“AEG”) for: (1) negligence (against all Defendants); (2) strict liability (against Palma only), and (3) premises liability (against Goldenvoice and AEG). Plaintiff alleges that on April 23, 2022, while attending the Coachella Va l ley Music and Arts Festival (“Coachella”), located at 81 -800 Avenue 51, Indio, California (the “Premises”), Plaintiff was bit by a dog brought onto the Prem...

2024.04.19 Motion to Vacate Judgment 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.19

Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...

2024.04.19 Motion to Deem RFAs Admitted, to Compel Further Responses, for Sanctions 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.19

Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) ﬁled a Complaint against ...

2024.04.18 Motion to Compel Deposition of PMQ, for Sanctions 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.18

Excerpt: ...ant”). He co ntends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ex press written warranty, and (5) breach of implied warranty of merchantability. Plaintiff brings the instant motions. He brought a prior motion to compel the Person Most Quali�...

2024.04.18 Motion for Summary Judgment 364
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.18

Excerpt: ..., and Eisenhower Medical Group (“ EMC”) (together “Defendants”) for: (1) negligence (against Invacare and Compass); strict liability – failure to warn (against Invacare and Compass); (3) strict liability – manufacturing defect (against Invacare and Compass); (4) strict liability – design d efect (against Invacare and Compass); (5) breach of the implied warranty of merchantability (against Invacare and Compass); (6) negligence (again...

2024.04.18 Motion for Preliminary Injunction 740
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.18

Excerpt: ...Commerci al Capital Loan Trust 2021-3. The deed of trust secures a $937,500 Note that carried a 7.99% interest rate. (Lawrence declaration, Exhibit “6”.) It should be noted in Plaintiff's Complaint that the alleged interest rate was 9.6%. While in his complaint P laintiff alleges that the property is his personal residence, supporting documents executed simultaneously with the deed of trust show that the property was intended to be operated a...

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