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2023.09.26 Motion to Compel Further Responses 342
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.26
Excerpt: ... This is a lemon law case. On April 28, 2019, Plaintiffs purchased a 2019 Chevrolet Silverado 1500, which was manufactured and distributed by GM. (Compl. '1 6.) The subject vehicle came with an express warranty that the vehicle would be free from defects in materials, nonconformity, or workmanship during the applicable warranty period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at '1 10.) During the warranty...
2023.09.25 Motion to Set Aside on Complaint for Other Contract 114
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.25
Excerpt: ...fendant violated the CC&Rs by failing to paint all wood areas on the outside of his residence. Beginning in 2019, Plaintiff notified Defendant of the violation to the CC&Rs. Plaintiff alleges that Defendant has failed to take any steps to correct this violation. The complaint asserts a cause of achon for breach of the CC&Rs and governing documents and one for declaratory relief. Defendant was personally served on 10/27/22. Default was entered on ...
2023.09.21 Motion to Strike 077
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.21
Excerpt: ...o the roof, the Defendants failed to make any timely or proper repairs. After a second roof leak occurred in the same location, Defendants hired an unlicensed handyman to put a tarp on the roof, which remained from approximately 12/15/21 through 2/10/22. Plaintiffs allege the tarp was not even placed properly on the roof, did nothing to prevent leaks and water intrusion, and was hanging off of the roof, allowing chronic water and moisture intrusi...
2023.09.21 Motion to Compel Deposition of PMQ, Production of Docs 721
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.21
Excerpt: ...veloped defects and non-conformiäes, including a Transmission Defect and Steering Defect. Plaintiff delivered the Subject Vehicle to authorized repair facilities, including Defendant Lake Elsinore Chrysler Dodge Jeep Ram ("Lake Elsinore"), on multiple occasions. However, Defendant was unable to repair the defects. Plaintiff requested that Defendant repurchase the Subject Vehicle, but Defendant refused. Plaintiff filed his Complaint on August 18,...
2023.09.21 Motion to Compel Arbitration 591
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.21
Excerpt: ...the declarations of Maria Diaz and Ernesto Garc:ia. The declaration of Maria Diaz declares as follows: • She is Defendant's HR Director. • On December 15, 2017, in connection with his onboarding with NP, Plaintiff signed a Mutual Arbitration Agreement, attached as Ex. A. • On August 10 2021, Plaintiff signed an updated agreement, attached as Ex. B. • On April 15, 2022, Plaintiff signed another updated agreement attached as Ex. C. • The ...
2023.09.21 Motion for Sanctions 334
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.21
Excerpt: ...ary sanctions of $10,000 due to Defendant CoreMarks spoliation of evidence, i.e. the surveillance video. When Plaintiff requested the video in RFPs, Defendant did not produce the original video, but rather, a video shot from a cellphone depicting the surveillance video on a computer screen, which does not show the entire screen or in real time. Defendant confirmed that the video was lost. Plaintiff asserts Defendant had a duty to preserve the vid...
2023.09.21 Motion for Judgment on the Pleadings 506
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.21
Excerpt: ...t and confer discussion with Plaintiff. (See Declaration of Alexander A. Schindler, 3-9.) Accordingly, the court deems the HOA's statutory obligation to meet and confer to have been satisfied. Factual / Procedural Context: Plaintiff, John P. Kloss, filed a Petition for Court Order Approvng Amendment to Bylaws, or in the alternative, to Reduce the Number of Votes Required to Elect Members to the Board of Directors. (Corp. Code S 7515; Civil Code S...
2023.09.19 Motion to Quash Service of Summons on FAC 798
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.19
Excerpt: ...and (2) general negligence. On November 8, 2022, Plaintiffs filed their First Amended Complaint ("FAC"), alleging the same causes of action against Larkins. At the time of the December 23, 2019 accident, Larkins had a personal automobile with Defendant-in-Intervention Liberty Fire Insurance Company ("Defendant"). (Williams Decl. 2.) Larkins passed away on August 4, 2021. (ld. at '1 5.) On January 6, 2023, Plaintiffs filed a Proof of Service of Su...
2023.09.18 Motion for Judgment on the Pleadings 458
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.18
Excerpt: ...eges that Rancho Verde High School is owned by Defendants Val Verde, RCOE and Riverside County Special Education Local Plan Area (RCSELPA.) (SAC '1 17.) Plaintiff alleges he was injured when he fell from the heights of a second-floor balcony at the school premises after being unsupervised, inadequately supervised, and/or unobserved by Defendants' adult attendant employees causing injuries and damages including but not limited to, orthopedic and h...
2023.09.18 Demurrer 439
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.18
Excerpt: ...nted in that Plaintiff's mere conclusions are insufficient to state a claim and because the available facts suggest that Plaintiff's claims were remedied and/or were not sufficiently material so as to give rise to any lability against Defendants. In opposition, Plaintiff asserts that the Complaint is sufficient. Plaintiff has alleged that the Defendant failed to do two things that are required by the statute. These are not conclusions. They are f...
2023.09.14 Motion to Compel Further Responses 591
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.14
Excerpt: ...2 alleging claims for: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach of Implied Warranty; (3) Violation of Song-Beverly Act, Section 1973.2. Trial is set for November 9, 2023. *** Plaintiffs move to compel further responses to Requests for Production of Documents, Set Two, Nos. 1-17, contending that Defendant served boilerplate objections. Plaintiffs assert that the requests seek re...
2023.09.14 Motion for Summary Adjudication 334
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.14
Excerpt: ...liability; (4) premises liability; and (5) negligent entrustment. On 9/27/23, Defendants filed a Second Amended Answer that asserted 19 affirmative defenses. Plaintiff moves for summary adjudication of the 1st-5th, 8th and 14th causes of action. Plaintiff worked at Defendant Core-Mark's facility via a staffing agreement with Instawork, i.e. gig worker. She contends neither Core-Mark nor Instawork ever obtained worker's compensation coverage, and ...
2023.09.11 Anti-SLAPP Motion 765
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.11
Excerpt: ...endants and people on their made false statements that Ryan Wicks owed Wicks Brewing Co., LLC and that the owner of Wicks Brewing Co, LLC was a murderer. The posts harmed Plaintiffs reputations and resulted in Wicks Brewing Co., LLC going out of business. The operative pleading is the first amended complaint. It asserts the following causes of acton: (1) defamation, (2) false light, and (3) negligence. This motion is brought by Bryan J. Boeldt an...
2023.09.07 Motion for Summary Judgment, Adjudication 648
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.07
Excerpt: ...l 17, 2018, Defendants Jose Gaitan ("Ga-tan") and Maria Hagenah ("Hagenah") entered into a credit agreement with LIFPR for the purchase of lumber. Plaintiff contend that Gaitan and Hagenah formed alter ego business entities Lingus, Inc., JC Logistics International, LLC, Furniture Innovatve Designs, LLC and Woodply, LLC ("San Diego entities"), which all share the same address in San Diego, California, as well as Defendant Carpimat Del Noroeste, a ...
2023.09.06 Motion to Compel Further Responses 328
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.06
Excerpt: ...wo) Nos. 1 through 3, the separate statement identifies RFPs 22, 23, 24, 25, and 26. Plaintiff moves on the grounds that Defendant did not submit proper response to these RFPs and therefore the court should compel further response. In opposition, Defendant asserts that the RFPs in question seek information protected by the attorney work product doctrine as codified at Code of Civil Procedure S 2018, et al., and as such are improper discovery. In ...
2023.09.05 Motion to Compel Further Responses 809
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.05
Excerpt: ..., LLC ("GM") regarding a 2021 Chevrolet Silverado 15CK) (the "Subject Vehicle"). (Complaint, 96.) Plaintiff alleges that her 2021 Chevrolet Silverado 1500 vehicle, which was manufactured and distributed by GM, suffers from widespread defects—including the Transmission Defects—and that GM has unable to repair the vehicle within a reasonable of attempts. Plaintiff also alleges that GM knew that the vehicle suffered from prevalent defects, but n...
2023.09.01 Motion to Compel Responses 571
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.09.01
Excerpt: ...rain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle. Plaintiff alleges that Defendant refused in violation of the Song Beverly Consumer Warranties Act ("Song Beverl...
2023.08.31 Motion to Compel Further Responses 048
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.31
Excerpt: ...erly (express warranty); (2) violation of Song-Beverly (implied warranty); (3) Civ-l Code 51793.2, and (4) fraudulent inducement/concealment. Trial is not set. Plaintiff moves to compel further responses to requests for production, nos. 1-64, contending that Defendant served boilerplate objections. He contends that Defendant was aware of the transmission defects in multiple vehicles. He asserts the information is directly relevant to the civil pe...
2023.08.31 Motion for Judgment on the Pleadings 608
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.31
Excerpt: ...rake system defects, engine defects and body defects that Ford's authorized repair facility, defendant Hemborg Ford ("Hemborg"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on May 18, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, and a fifth cause of action for negligent r...
2023.08.31 Motion for Attorney Fees 715
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.31
Excerpt: ... 1/12/23, Plaintiff filed a notice of settlement. Plaintiff moves for attorney fees of $38,323.53, consisting of $24,178.50 in fees, a 1.35 multiplier, $2,182.65 in costs and for drafting this motion. The parties settled after Plaintiff accepted Defendants' CCP 5998 offer. Plaintiff discusses the procedural history and contends the amount is reasonable. Plaintiff contends there is no duplication. Plaintiff argues a multiplier is warranted due to ...
2023.08.30 Motion to Compel Deposition, for Protective Order 155
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.30
Excerpt: ...in order for Defendant to save money. ("17, 18.) Plaintiffs allege this made the home not level. ('120.) Since the home is not level, an infiltration of water, dust, pests, air, and other pollutants has occurred. (921.) Due to the water infiltration, the home is contaminated with poisonous black mold. (922.) Plaintiffs assert the home is unsafe for human occupation. (923.) Plaintiffs filed the instant Complaint against Defendant on May 26, 2022 a...
2023.08.30 Motion for Prejudgment Possession 940
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.30
Excerpt: ...indenture. On 6/14/23, County filed a declaration of summary basis of appraisal for just compensation of $49 and $1,350. County moves for prejudgment possession of two slope easements, a temporary construction easement and a road easement. County has deposited the probable compensation ($1,850) with the California State Treasurer. It has an overriding need for possession as it proposes to widen the median and shoulders along Gilman Springs Road f...
2023.08.30 Demurrer 265
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.30
Excerpt: ...y, defendant Ford of upland ("upland"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on June 27, 2023, alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, a fifth cause of action for fraudulent inducement — concealment against Ford, and a sixth cause of action for negligent repair ag...
2023.08.25 Motion to Quash Business Records Subpoena 240
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.25
Excerpt: ...Center. She contends the subpoena is overboard as they request any and all medical records. In addition, she claims the subpoena violates her right to privacy and the Court is inclined to deny the Motion, requests a protective order narrowing the scope of information. Plaintiff seeks sanctions for having to bring this Motion. In Opposition, Defendant contend Plaintiff did not properly meet and confer. In addition, he claims the subpoena is reason...
2023.08.24 Demurrer to FAC 666
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.24
Excerpt: ...City Manager Tom DeSantis (DeSants) gave notice of "his intenton to resign or retire." (FAC 12.) The FAC alleges sometime that day, DeSantis struck a "secret deal" with former Mayor Yxstan Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a "settlement agreement" to pay DeSantis "an enhanced settlement package worth over $300,000." (FAC 13.) After the closed session, Early "reported out of closed session de...
2023.08.24 Motion for Summary Judgment to SAC 628
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.24
Excerpt: ...iation), 6th (Failure to Engage in the Good Faith Interactive Process), 7th (Failure to Provide Reasonable Accommodations), 8th (Violation of the California Family Civil Rights Act), 9th (Retaliation), and 10th (Intentional Infliction of Emotional Distress) causes of action. Defendants submitted the declaration of Attorney Cara Strike with its reply. However, under general rule of motion practice, new evidence or arguments raised for the first ti...
2023.08.24 Motion to Compel Further Responses 097
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.24
Excerpt: ...orrosion Perforation Limited Warranty, Powertrain Limited Warranty, and Federal Emission Warranty. (ld. at '1 15, Ex 1 at 2.) During the warranty period, the subject vehicle developed defects and nonconformities to warranty including, but not limited to transmission. (ld. at 15.) Plaintiffs delivered the subject vehicle to FCA's authorized repair facility for repair, but FCA was unable to conform the vehicle to the applicable express warranty wit...
2023.08.23 Motion to Compel Further Responses 957
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.23
Excerpt: ...hat Defendant previously knew of such Defects but nevertheless refused to repurchase the vehicle (i.e., Nos. 16, 19-20); (2) those relating to Defendant's warranty and vehicle repurchase policies, procedures, and practices (i.e„ Nos. 7, 10 and 34). Further, Plaintiff asserts that notwithstanding the plain relevance of these documents to Plaintiff's claims, however, Defendant has responded to the Requests at issue by way of pure, objections and ...
2023.08.23 Demurrer, Motion to Strike 276
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.23
Excerpt: ...tract with American Honda —the New Vehicle Limited Warranty. (Comp. 99.) The basic coverage lasts 36 months or 25,000 miles, whichever comes first, and the powertrain coverage lasts for 60 months or 60,000 miles, whichever comes first. (Comp. 99.) Plaintiffs allege the vehicle suffers from defects, including a defective "Honda Sensing" system, a computerized driver-assistance system. (Comp. 985.) Plaintiffs bring the instant suit against Honda ...
2023.08.22 Motion to Compel Further Responses 342
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.22
Excerpt: ... period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at 10.) During the warranty period, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to the Body System Defect and Powertrain Defect. (ld. at 11—12; Manno Decl. "14—5.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for service or repair, but GM was unable ...
2023.08.21 Motion to Compel Arbitration 581
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.21
Excerpt: ...tion on June 23, 1986. Plaintiff worked as an executive administrative assistant serving several of Defendants' managing employees and executives. (Comp. "11-12.) Plaintiff was terminated from her employment on July 16, 2021. (Comp. 914.) Plaintiff alleges Salvador Mantes, Vice President of Operations, and Luis Tavares, Director of Operations, consistently spoke about the need to hire younger employees. (915.) Tony Sapien took over the position o...
2023.08.18 Review of Writ of Mandate 980
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.18
Excerpt: ... to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46-187.) On 12/20/21, the Board issued its notice of decision. (AR 16). On 2/17/22, the Board issued a final findings of fact. (AR 1-15.) Plaintiffs' expert, Ben F. Tunnell, Ill of BTI Appraisal, used both a cost approach and sales comparison approach. (AR 5.) In contrast, Ricardo Ocampo, Senior Appraise, found that the subject property was unique such that ava...
2023.08.18 Complaint for Validation 534
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.18
Excerpt: ...hts and due process rights found under Proposition 218. They argue the bonds improperly require that rate payers pay the #nsion liabilities for long-ago retired City employees, which is improper. The complaint for validation asserts the following causes of action: (1) validation action regarding Resolutions Nos. 23917 and 23924— City commitment to raise water rates through bond issuance and rate covenant in violation of California Constitution;...
2023.08.17 Motion to Compel Compliance, for Sanctions, to Quash 631
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.17
Excerpt: ...gail Baker, N.P. ("NP Baker"), and Britanny Travis, M.A. ("MA Travis") (collectively, "Defendants"). On July 25, 2022, Plaintiffs filed their operative Second Amended Complaint ("SAC"), alleging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. Motion to Compe...
2023.08.17 Demurrer on SAC 682
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.17
Excerpt: ...of the Defendants are the true creditors as it has been discharged through a 2015 bankruptcy discharge (SAC 16-28.) As it relates to Defendant Samuel Hamrick, the SAC alleges: 69. As well known, Interloper- US BANK NA as Trustee OF AN UNKNOWN TRUST (USB as Trustee) is not allowed in this action. Nevertheless, with the help of an accomplice, the clerk of the superior court Defendant W. SAMUEL HAMRICK, JR., Interloper-USB-WACHOVIA was forcibly inse...
2023.08.15 Motion to Strike Costs 278
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.15
Excerpt: ...e terms of the Settlement. The Plaintiffs in the Prior Action subsequently dismissed the action, and filed the complaint in a separate action (CVRI 2203209). The court in CVRI 2203209 denied a special motion to strike. The decision was appealed, and the case is currently stayed. Plaintiffs the Estate of Frances Marsh (by and through its personal representative A. Scott Kalkwarf), James Wynne and Timothy Wynne filed the complaint in the present ac...
2023.08.15 Motion to Compel Further Responses 571
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.15
Excerpt: ...various warranties, including a 4-year/50,OOO-mile express bumper to bumper warranty, a 4-year/50,OOO-mile powertrain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and nan-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle...
2023.08.14 Demurrer on FAC 248
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.14
Excerpt: ...he soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her Page 4 of 7 credit card; and 3) in 2019-2020 to start ...
2023.08.14 Motion to Tax Costs 278
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.14
Excerpt: ...) the Mark Wynne parties were to pay $175,000 to the attorney-c ient trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Vonne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285,000) within 60 days of the execution of the Bi...
2023.08.10 Motion to Tax Costs 345
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ...dants Lea Jones ("Lea") and Robert Jones ("Robert"). On April 25, 2023, the court granted summary judgment in favor of Robert but denied the motion as to Lea. Notice of Ruling was filed on April 26, 2023. Robert filed a Memorandum of Costs on May 10, 2023. Robert seeks costs in the total amount of $2, 129.29 . * Plaintiff now moves to tax costs. Plaintiff notes that all of the claimed costs were incurred on behalf of both Robert and Lea and argue...
2023.08.10 Motion to Tax Costs 021
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ...ip entered into a written lease, which was assigned to Plaintiff in 2002. On May 21, 2007, the Kims and Plaintiff entered into a lease amendment, which expired on July 31, 2016. The Kims thereafter continued to occupy the space on a month-to-month basis until July 31, 2021, when the Kims retired and ceased the business. Plaintiff alleges that from 2015 to July 2021, the Kims paid less rent each month than required under the Lease. Plaintiff seeks...
2023.08.10 Motion to Permit Participation in Action for All Purposes 124
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ...maintenance and design company, dba Arriaga Custom Landscape. Plaintiff also owned five parcels of real property (his residence, three rental properties and a vacant lot), business assets, four trucks, a trailer and landscaping equipment. After he became incarcerated, Plaintiff entrusted his niece, defendant Rosa M. Reynaga de Gutierrez ("Rosa") and her husband, defendant Abel A. Gutierrez ("Abel"), to manage his properties, financial affairs and...
2023.08.10 Motion for Attorney Fees 908
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ... and nonconformities and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth various causes of action for violation of the Song-Beverly Act. * * * on May 15, 2023, the parties entered into a settlement agreement under which GM agreed to buy back the Vehicle for $105,000. In addition, GM agreed to pay attorney fees and costs to be determined by motion in which Plaintiffs would be deemed the prevaili...
2023.08.09 Motion to Lift Stay 862
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.09
Excerpt: ...nd Pfister having disputes over the handling of the Trust and Veva's assets. In MCP17W472 there is a 9/18/19 Order wherein the probate court recited the terms of the 5/8/18 settlement agreement between Rodney and Pfister. In the agreement, Pfister& Rodney accepted and approved all prior co-trustee actons and expenses from their acceptance to act as co-trustees in 2012 at the resignation of Veva Haacke to the appointment of Robin J. Shea (which oc...
2023.08.09 Motion for Summary Judgment on SAC 479
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.09
Excerpt: ... Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the Plaintiffs' lease. Plaintiffs contend the approximate duration of the project has continually changed. Defendant has allegedly failed to communicate in a reasonable manner with Plaintiffs. It g...
2023.08.07 Motion to Compel Further Discovery Responses 448
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.07
Excerpt: ...es that the Subject Vehicle was delivered with defects and non-conformities. Plaintiff delivered the Subject Vehicle to authorized repair facilities on several occasions, but Defendant's agents were unable to repair it the vehicle after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle. On October 13, 2022, Plaintiff filed his Complaint. He asserts one cause of action for: (1) Violations o...
2023.07.20 Motion for Judgment on the Pleadings 506
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.20
Excerpt: ... CCP 5439. Mr. Molinari declares that he sent a meet and confer letter to Petitioner, who is in pro per, on 4/10/23. (Dec.Molinari '1 2.) He declares that his meet and confer letter is attached, but it is not. Instead, Mr. Molinari has attached Petitioner's letter in response. (ld. Ex. "2".) Mr. Molinari concludes that Petitioner's letter indicates Petitioner was not interested in trying to resolve the legal errors in his Petition. (ld. 3.) In re...
2023.07.18 Motion for Judgment on the Pleadings 772
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.18
Excerpt: ...the mortgage every month, he would receive title to the Property. (Comp. , 18.) Plaintiff and Thelma resided at the Property. (Comp„ '1 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, 2015, a grant deed was recorded transferring title from Defendants to Thelma only. (Comp„ Exh A.) As of June 2021, Plaintiff and Thelma's relationship ended. (Comp., 8.) On April 29, 2022, Plaintiff f...
2023.07.17 Motion to Compel Further Responses 138
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.17
Excerpt: ...sclassified as an independent contractor. Plaintiff alleges that he was required to complete two 10-hour unpaid "training" days, during which he essentially built sheds for customers in the same manner as other employees. Plaintiff alleges that he was often required to work shifts that were longer than eight hours without meal and rest breaks and without overtime or double time pay. Plaintiff asserts that, because he was misclassified and paid a ...
2023.07.17 Demurrer, Motion to Strike 730
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.17
Excerpt: ...velt High School. (SAC "1 7, 20—21.) Defendant Corona-Norco Unified School District ("CNUSD") is a school district that maintains, operates, employs, supervises, and oversees the school district where Eleanor Roosevelt High School is located. (ld. at '1 2.) At all relevant times, Defendant Greg Anderson ("Anderson") was the principal of Eleanor Roosevelt High School. (ld. at 6.) On February 8, 2023, Plaintiff filed his operative SAC against CNU...

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