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SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 238))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 25
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2024.03.29 Motion to Strike Amended Complaint and Quash Summons 673
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.29
Excerpt: ... six gen eral population inmates. Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22, and the ope...
2024.03.29 Motion to Compel Arbitration 613
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.29
Excerpt: ...intiff alleges that ser ious defects and nonconformities to warranty manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, ¶¶ 15, 16, 54.) The Complaint sets forth four causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code § 17200; and (4) Negligent Re...
2024.03.29 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.29
Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...
2024.03.29 Demurrer on FAC 482
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.29
Excerpt: ...nding the NOD . (Def.'s RJN 4.) Plaintiffs cannot establish “an illegal, fraudulent or willfully oppressive sale,” since the foreclosure sale never took place. Plaintiffs nonetheless argue that their wrongful foreclosure cause of action is valid because it is based on F MC's alleged failure to comply with the HBOR provisions identified in the FAC (i.e., Civ. Code §§ 2923.4, 2923.5, 2923.7, 3273.01 et seq.). (See FAC ¶¶ 45– 60.) However...
2024.03.29 Motion to Quash Service of Summons on Complaint 858
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.29
Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...
2024.03.28 Motion to Compel Responses, to Strike, for Monetary Sanctions, to Compel Arbitration 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.28
Excerpt: ...CP 1019 .5. This is an employment dispute. On October 1, 2023, Plaintiff, Guadalupe Garcia (“Plaintiff”) filed a Complaint against her employers, Defendants, Canyon Villas Place, LLC (“Canyon Villas”) and The River Apartments, LLC (“River Apartments”) (together “ Defendants”), asserting 20 causes of action for FEHA and Labor Code violations. Plaintiff's claims generally arise out of Defendants' alleged improper treatment and term...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.28
Excerpt: ...ited to th e bumper-to -bumper warranty, powertrain warranty, emission warranty, etc. (Id. at ¶ 7, Ex. A.) During the applicable express warranty period, the subject vehicle developed defects and nonconformities to warranty, including but not limited to transmission defects, suspension defects, among others. (Id. at ¶ 11.) Plaintiff delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conform the veh...
2024.03.28 Motion to Compel Arbitration and Stay Proceeding 701
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.28
Excerpt: ...t Agreement” (the “ Employment Agreement) (collectively the agreements are referred to herein as the “Agreements”). (Declaration of Stephen D. Weisskopf (“Weisskopf Decl.”) ¶ 5, Ex. C.) The Agreements govern the employment relationship between Plaintiff and theITSupportCent er and both contained a broad arbitration clause. (Weisskopf Decl., ¶4, Ex. B (Section 21) and ¶5, Ex C (Section 15).) Both of the agreements were signed by Pla...
2024.03.28 Motion for Summary Judgment, Adjudication 505
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.28
Excerpt: ... and its in dividual physicians for engaging in an alleged “scheme that involved the filing of false and defamatory internal complaints” against Plaintiff and “summarily suspending Plaintiff's admitting privileges under false pretenses.” Plaintiff alleges such acts w ere intended to destroy his professional reputation and to unfairly compete with him to take away his patients, causing him to suffer emotional distress and economic harm. P...
2024.03.28 Motion for Order of Prejudgment Possession 952
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.28
Excerpt: ...rd Donahue, MAI, FRICS setting forth the basis of the appraisal calculation and setting the appraisal at $40,400. Construction of the Project is scheduled to commence on or about April 8, 2024. Any delay in possession will derail the sequence of construction and rel ocation of public improvements that must be completed to benefit residents and businesses in the City. (Moreno Reply Decl., ¶¶ 4 & 5.) The construction involves the relocation of s...
2024.03.28 Motion for Attorney Fees 121
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.28
Excerpt: ...are entitled t o reasonably incurred costs, including attorney's fees. Counsel provided detailed billing records showing a lodestar total of $104,626.50 based on 256.9 hours. (Kirnos Decl., Ex. A.) Defendant argues that hours are excessive due to overstaffing by 17 atto rneys. “[I]t is appropriate for a trial court to reduce a fee award based on its reasonable determination that a routine, noncomplex case was overstaffed to a degree that signi�...
2024.03.28 Demurrer, Motion to Strike 984
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.28
Excerpt: ...warranty data compiled from GM's network of dealers; testing conducted by GM in response to these complaints; as well as warranty repair and part replacements data received by GM from its network of dealers (¶¶ 64 –66, 68– 71, 73); that, despite such knowledge, Defendant continued to conceal and failed to disclose the Transmission Defect to its consumers (¶¶ 68, 71 –72, 75– 76); and that had Plaintiffs known that the subject vehicle w...
2024.03.27 Demurrer, Motion to Strike 785
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.27
Excerpt: ...n that th e pleadings are not at -issue, the Court shall continue the Case Management Conference hearing to June 25, 2024 at 8:30am. Factual / Procedural Context On October 26, 2023, Plaintiff, Sergio Gonzalez Ramirez (“Plaintiff”) filed a Complaint against Defendant , General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song -Beverly Consumer Warranty Act (“Song Beverly Act”); (2) bre...
2024.03.27 Demurrer 945
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.27
Excerpt: ...alleging sigh t (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warran ty of Habitability Pertaining to Interior Maintenance (Civ. Code, § 1941.1); 5) Breach of Warranty of Habitability pertaining to Exterior Maintenance (Civ. Code, § 1941.1); 6...
2024.03.27 Demurrer to FAC 893
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.27
Excerpt: ...a separate work phone, and he was never reimbursed. He alleges he was transferred from the juvenile and South County jail to the downtown jail facility as a Senior Institutional Nurse. Shortly after his transfer, on or around 11/4/22 Plaintiff discovered rampant ti mecard fraud. Plaintiff reported the fraud to Human Resources and they failed to take him seriously. Eventually, HR approved Plaintiff's request to conduct an investigation, which he p...
2024.03.27 Motion to Strike 873
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.27
Excerpt: ...nd (3) vicarious liability un der Gov. Code § 815 et seq (On 2/24/2024, Plaintiffs filed a Request for Dismissal of Defendant State of California from this action without prejudice, which was granted by the Clerk that same day.) On April 28, 2022, Sullivan, while in the course and sc ope of her employment with the District, was operating a motor vehicle owned by the District. (Compl. 6.) Plaintiffs allege that Sullivan negligently operated the ...
2024.03.27 Motion for Leave to Amend Complaint 638
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.27
Excerpt: ...di (“Michael”) (Be cause multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect is intended.” (Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal. App. 4th 280, 283.)) and Pasquale Justin Baldi (“Pasquale”) for: (1) conversion; (2) money had and received; (3) violation of Penal Code § 496; (4) breach of fiduciary duty; (5) breach of the duty of loyalty; (6) fraud; and ...
2024.03.27 Motion for Summary Judgment, Adjudication 019
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.27
Excerpt: ... Inc. (“Defendant” or “Tilly's”) sale of a 2017 Axis A22 boat with a motor and a trailer (the “Subject Boat”) to ANTHONY MAI (“Mai”). Plaintiff, Bank of the West (“Plaintiff” or “BMO”), alleges that on 6/22/16, Defendant Tilly's submitted its application to do business with the Plaintiff BMO under a written Master NonRecourse Dealer Installment Sale Contract Agreement- Marine (“Dealer Contract”), which was approved/acc...
2024.03.27 Motion to Abate Due to Non-Joinder, Misjoinder of Parties 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.27
Excerpt: ... are prope rly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs l ack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counse...
2024.03.27 Motion to Compel Deposition of PMK 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.27
Excerpt: ...vehicle d eveloped various defects, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶ 11.) The nonconformities Plaintiff complains of include transmission defects, suspension defects. (Ibid.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to either promptly replace the vehicle or make r...
2024.03.26 Motion to Compel Further Responses 624
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...ays of ser vice of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Fe lix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (“Lourdes”) and Marco Antonio Tejada (“Marco”) (...
2024.03.26 Motion for Summary Judgment 342
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.26
Excerpt: ...10.) On November 13, 2018 , Plaintiff was criminally charged with vehicular manslaughter, Case No. INM1807905 (“criminal case”). (Id., ¶ 11.) Thereafter, Plaintiff retained Defendants to defend him in the criminal case. (Id., ¶¶ 12, 13.) Plaintiff alleges that Defendants mishandl ed and mismanaged the underlying criminal case, resulting in a criminal restitution order in excess of $400,000, notwithstanding his payment of $1.5 million to se...
2024.03.26 Motion for Sanctions 333
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.26
Excerpt: ... and 128.7, seeking t he complaint be stricken and monetary sanctions in the amount of $4,922.00 be awarded, for Plaintiff improperly bringing a complaint that lacks evidentiary support and asserting frivolous legal contentions. It asserts that Plaintiff tripped and fell over a gas hose that she placed into her vehicle herself. Costco contends that Plaintiff created the situation and had full knowledge that the hose was there and made the decisio...
2024.03.26 Motion for Relief from Inadvertent Waiver 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...d on Jan uary 17, 2023. Plaintiff's initial pleading consisted of a petition for writ of mandate and complaint for contract claims. At a June 22, 2023 status hearing, the Court set hearing on the writ of mandate for January 11, 2024. (Minute Order dated June 22, 2023; Declaration of Ryan T. Waggoner iso Motion [“Waggoner Decl.”], ¶ 4.) Plaintiff subsequently moved for leave to amend the Complaint, proposing to remove the first cause of acti...
2024.03.26 Motion for In-Camera Hearing 647
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.26
Excerpt: ...ts Complaint. Plaintiff assert s four causes of action for: (1) Open Book Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on Feb ruary 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, enter...

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