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2024.05.16 Motion to Quash Subpoena 289
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.16
Excerpt: ... Practices Act (“IPA”) statutes (Civ. Code, § 1798, et seq.), is overbroad, and intrusive of her right of privacy. She states Defendants are the cause of the subject crash and her entire driving history is not at issue. The Court agrees that the subpoena is overbroad, imp ermissibly impinges upon Plaintiff's right to privacy, and seeks information not reasonably calculated to lead to the discovery of relevant or admissible evidence. A motion...
2024.05.16 Motion to Compel Production of Docs 588
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.16
Excerpt: ...between 2012 and 2018, while they were students at Eleanor Roosevelt High School. (Complaint at ¶¶ 1 -6, 10.) Robles, an employee of the District, and a teacher and coach at Eleanor Roosevelt High School, groomed and sexually assaulted Plaintiffs for years, and this behavior was known to school administrators, coaches, and teachers, who failed to report it. (Complaint at ¶¶ 17, 19 -36.) On April 24, 2023, each Plaintiff propounded identical r...
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 to Compel Further Responses 725
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.16
Excerpt: ... CITY COUNCIL OF THE CITY OF RIVERSIDE, ERIN EDWARDS, CLARISSA CERVANTES, RONALDO FIERRO, GABRIELA PLASCENCIA, STEVEN HEMENWAY, JAMES PERRY Tentative Ruling: Page 9 of 12 In an underlying case, Platt v. City of Riverside (RIC 1822011), Tony Platt alleges that on 11/5/12, Rive rside Air Service, Inc. (RASI) entered into a long- term lease with Defendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, Ci...
2024.05.16 Motion to Compel Further Responses 227
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.16
Excerpt: ...nd 97; as to the Req uest for Production 5, it is denied. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. Absent a claim of privilege or attorney work product, the party who seeks to co mpel production has met his burden of showing good cause simply by a fact -specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App.4th 92, 98.) The...
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....
2024.05.16 Demurrer to SAC 312
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.16
Excerpt: ...air a 2018 truck. ESCO Industries, Inc. (“Defendant”) supplied Plaintiff with several pump parts to repair the vehicle. Defendant informed Plaintiff that the parts were new and not defective. The parts allegedly had a warranty that covered the parts for at least 12 mon ths, 100,000 miles, or 4,000 hours of operation. Less than a year after obtaining the parts from Defendant, the engine of the truck suffered a catastrophic failure resulting in...
2024.05.16 Demurrer on SAC 483
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.05.16
Excerpt: ...rd of damage s. (Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579, 593.) The elements of an IIED cause of action are: (1) outrageous conduct by defendant; (2) the defendant's intention of causing or reckless disregard for the possibility of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation. (Fletcher v. Western National Life Ins. (1970) 10 Cal. App. 3d 376, 394....
2024.05.16 Demurrer 992
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.16
Excerpt: ...$48,197.03. The Comp laint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a Cross -Complaint against Home Care. In his original cross -com plaint he alleged that he could not be released from his rehabilitation center without proof of 24 -hour care. Home Care represented that it could provide said care and it...
2024.05.16 Demurrer 000
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.16
Excerpt: ...plaint, ¶ 2.) D efendant Albertsons (“Albertsons”) is the second -largest supermarket chain in North America. (Id. at ¶ 3.) Starting in or about 2019, Cadence and Albertsons became engaged in a supplier -customer relationship. Initially, Cadence was to produce for Albertson s different products under the Savory Skillets line. Albertsons first marketed those products in four stores, then before long, sold those products in 1,900 of its stor...
2024.05.16 Motion to Quash Service of Process 313
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.16
Excerpt: ...service, cashier service, and logistics. In December 2018, Plaintiff's supervisors, Annette Marquez (“Marquez”) and Marc, asked Plaintiff if he was homosexual. He answered in the affirmative. After this conversation, Marquez began subjecting him to disparate treatment bec ause of his sexual orientation. He also contends that he was subjected to race discrimination because he was African American. He asserts that Target regularly promoted Cauc...
2024.05.15 Demurrer to SAC 039
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.05.15
Excerpt: ...ndants waived untimeliness of the Second Amended Complaint by filing the demurrer addressing the substance of Plaintiff's complaint. The motion to strike punitive damages is moot. As to the 4COA, 5COA and 6COA, in sustaining the demurrer to the FAC, the Court explai ned that 1) Plaintiff failed “to allege any specifics including the how, when, where, to whom and by what means the representations were tendered”; 2) Plaintiff failed “to all...
2024.05.15 Demurrer 400
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.15
Excerpt: ...es), represe nted to Plaintiffs that they were all qualified to complete the project within six months, and that they inferred the project would cost about $500,000. The Complaint alleges that these representations were false, that the Defendants were not properly lice nsed or qualified, and that the Defendants did not do the work properly, finish on time, or stay within the agreed -upon budget. Defendants David McFarland and David McFarland G...
2024.05.15 Demurrer 949
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.15
Excerpt: ...tlement o pportunities. Factual/Procedural Context This action arises from the parties' contractual dispute. On January 26, 2021, Plaintiffs/Cross -Defendants Joseph F. Schallert (“Mr. Schallert”) and Amy E. Schallert (“Ms. Schallert”) (collectively, “Cross -Defend ants”) entered into a written Vacant Land Purchase Agreement (“VLPA”) with Defendant/Cross - Complainant North Pacific Developments, Inc. (“NPD”) for the purchase ...
2024.05.15 Motion for Attorney Fees 890
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.05.15
Excerpt: ...Saccuzzo Dec l. ¶¶13–18.) Contrary to GMWC's argument, “California courts do not require detailed time records, and trial courts have discretion to award fees based on declarations of counsel describing the work they have done and the court's own view of the number of hours reasonably spent.” (Syers Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 698; see also Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 132...
2024.05.15 Motion for Summary Judgment 400
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.05.15
Excerpt: ...d Code § 452(b) 1. Deny the Motion for Summary Judgment. 2. Deny the Motion for Summary Adjudication of the Negligence cause of action as Defendant failed to meet its initial burden that it did not cause Plaintiff's injuries. 3. Grant the Motion for Summary Adjudicati on of the Intentional Infliction of Emotional Distress cause of action as there is no evidence or triable issue of fact of extreme or outrageous conduct. The elements of a neglige...
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...
2024.05.15 Motion to Quash Deposition Subpoena 602
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.15
Excerpt: ...ed, or beyond the scope of discovery. CCP §2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929. Under Evidence Code § 1040(b), a public entity has privilege to refuse to disclose official information, if “[d]isclosure of the information is against public inte rest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice . . .” “Evid...
2024.05.14 Motion to Consolidate, Demurrer 636
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.14
Excerpt: ...y.” The determination of whether to Page 5 of 9 consolidate two actions is a matter for the trial court's discretion. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515. The purpose of consolidation is to enhance trial court efficiencies and consolidation should be gra nted to: (1) avoid repetitive trials of common issues; (2) avoid unnecessary costs and delays; and (3) avoid a substantial risk of inconsistent adjudications. (Todd -Stenberg v. ...
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 Motion for Summary Judgment on SAC 079
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.14
Excerpt: ... showing t hat one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Importantly, a moving defendant est ablishes a right to summary judgment by showing that the plaintiff lacks the evidence to support at least one element of the cause(s) of action pleaded. (Cole v. Town of Los Gatos (2...
2024.05.14 Motion for Further Sanctions 527
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.14
Excerpt: ...ON (MOTION F OR FURTHER SANCTIONS RELATING TO REQUEST FOR PRODUCTION OF DOCUMENTS) CVRI2105527 HERNANDEZ VS COUNTY OF RIVERSIDE MOTION FOR FURTHER SANCTIONS RELATING TO SPECIAL INTERROGATORIES Tentative Ruling: This is a wrongful death action brought by Plaintiffs, Jul ia Hernandez, Ricardo Aguilar, Sr. (“Ricardo”) (because multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect i...
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...
2024.05.14 Demurrer 099
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.14
Excerpt: ...021, the Insured pur chased a workstation cubical (“cubical”) designed, manufactured, distributed, and/or sold by Defendants Herman Miller, Inc. (“HMI”) and GM Business Interiors (“GM”) (collectively “Defendants”). Plaintiff asserts that Defendants also installed the cubical prior to March 5, 2021. The cubical includes a light fixture. Plaintiff alleges that on March 5, 2021, the light fixture failed causing a fire that resulte...
2024.05.14 Application for Writ of Possession 162
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.14
Excerpt: ... property and i ts value; (4) the location of the property and if it is within private property, a showing that there is probable cause to believe that such property is located there; and (5) a statement that the property has not been taken for tax, assessment, or fine, u nder a statute; or seized. CCP § 512.010(a). Unless the court finds that the defendant has no interest in the property, the court shall not issue a writ of possession “unti...
2024.05.13 Motion for Leave to Amend Answer on Complaint 266
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.13
Excerpt: ...ime, before or after c ommencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) Since judicial policy favors the resolution of all disputed matters between the par ties 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 l...
2024.05.13 Demurrer on TAC 595
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.13
Excerpt: ...ing: The Court sustains EM WDFC's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains EMWD's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains both EMWDFC and EMWD's demurrer to Plaintiff Vasquez, without leave to amend . As the pleadings are not at -issue, the Court shall on its own motion continue the CMC hearing to 7/31/24 at 8:30am. All parties are ordered to submit updated CMC sta...
2024.05.13 Demurrer to FAC 144
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.13
Excerpt: ...ffs”) were employed by Odes USA, Inc. (“Odes”) as customer service representatives. They allege that Odes has failed to provide them or pay them for missed meal and rest breaks, failed to timely pay wages, and failed to pay for earned sales commission. They contend that Toa Wang aka Sarah Wang (“Wang”), Odes' Chief Executive Officer, harassed the Plaintiffs by making comments that women were better workers than men and made offensive co...
2024.05.13 Motion to Vacate Ex Parte Application for Relief 834
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.13
Excerpt: ... SHARONA ESLAMBOLY HAKIM as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for Failure to file timely proof of service on all cross -defendants pursuant to CRC 3.110(c). C.C.P. §473(b) allows relief from a default or dismissal where there has been a mistake, inadvertence, surprise or excusable neglect. Relief on these grounds is discretionary. (C.C.P. § 473(b); Lorenz v. Commercial Accept. Inc. Co. (1995) 40 Cal.Ap...
2024.05.13 Motion to Compel Arbitration 955
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.13
Excerpt: ...nty manifested within the a pplicable warranty period, which AHM's authorized facility Defendant Lake Elsinore Honda was unable to repair. (Complaint, ¶¶ 11 -16.) The Complaint sets forth five causes of action: (1) Violation of Song Beverly -Breach of Express Warranty; (2) Violation of Song Beverly - Breach of Implied Warranty; (3) Violation of Civil Code § 1793.2 and (4) Negligent Repair (against Lake Elsinore Honda). AHM now moves to compel...
2024.05.13 Motion to Quash Service of Summons 295
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.13
Excerpt: ...aulted Plain tiffs resulting in injuries. (Complaint, ¶¶ 12 -26.) Plaintiffs allege that Defendants Dawson, Francis and Scott were coaches for Defendant Menifee Elite Athletics Sports, LLC (“Menifee Elite”). (Complaint, ¶¶ 43 -44.) On 12/7/22, Plaintiffs filed this Com plaint alleging claims against Defendants Menifee Elite, Dawson, Francis and Scott, for: 1) Assault and Battery; 2) Intentional Infliction of Emotional Distress; 3) Negli...
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...
2024.05.10 Petition Re Arbitration Award 787
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.10
Excerpt: ...e means, an d (2) The arbitrator exceeded his powers, and the award cannot be corrected. The crux of this case is that petitioner Robert Malone submitted a fraudulent arbitration claim to the California Dispute Settlement Program (CDSP)1 for a used vehicle which he ne ver really purchased. Malone concealed this fact from TMS and from the CDSP arbitrator and duped the arbitrator into awarding him a replacement vehicle. TMS discovered the fraud whe...
2024.05.10 Motion to Quash Deposition Subpoenas 513
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.10
Excerpt: ...ome in Palm Springs to be closer to DRMC. Defendant CEP America, General Partnership dba Vituity (“Defendant”) contracted with DRMC to replace Envision. Defendant hired every other physician who provided services at DRMC through Envision, but refused to hire Plaintiff. Plainti ff contends that he was denied unemployment solely because he was engaged in active litigation against the Regents of the University of California (“Regents”) which...
2024.05.10 Motion to Compel Further Responses 141
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...le a Joint Status Statement no later than 10 days before the continued hearing date of any outstanding issues. Factual / Procedural Context On November 11, 2022, Plaintiff Armando Tapia (“Plaintiff”) entered into a warranty contract with Defendant Hyundai (“Defendant ”) regarding a 2023 Hyundai Ioniq 5 (the “Vehicle”), which was manufactured and distributed by Defendant. During the warranty period, the Vehicle contained or developed d...
2024.05.10 Motion for Summary Judgment, Adjudication 335
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...d. Factual and procedural background: Plaintiff Hudson Insurance Company (Hudson) filed its initial Complaint on 1/20/2023, and its First Amended Complaint (“FAC”) on 5/17/2023, against Defendant Richard N. Maksoud alleging a single cause of action for breach of con tract. The contract at issue is an indemnification agreement. Plaintiff is a surety. This indemnification action follows claims and civil actions brought against it by alleged ...
2024.05.10 Motion for Reconsideration 302
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.10
Excerpt: ...the trash bin gat e, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defendants, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premises were in a dangerous and unsafe condition. P...
2024.05.10 Motion for Judgment on the Pleadings 523
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...dants, Ford Mo tor Company (“Ford”) and Raceway Ford (together “Defendants”) asserting the following causes of action: (1) violation of Civ. Code § 1793(d) [against Ford only]; (2) violation of Civ. Code § 1793(b) [against Ford only]; (3) violation of Civ. Code § 1793(a) (3) [against Ford only]; (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement – concealment [against Ford only]; and ...
2024.05.10 Demurrer to FAC 703
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.10
Excerpt: ... 14th, 15th, 16th, and 17th causes of action; sustained without leave to amend as to the 12th cause of action; overruled as to all remaining causes of action. This action alleges a bait -and -switch scheme that drew Plaintiffs into investing in real estate that could be quickly “flipped” with a guaranteed return. Plaintiffs Copp and Fugazzi each allege they were drawn into this scheme and allege the following causes of action: (1) fraudulent...
2024.05.09 Motion for Summary Judgment 261
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.05.09
Excerpt: ...rdingly, the elements of a claim for injuries suffered by an invitee due to a dangerous condition on the premises (whether natural or artificial) are duty, breach, causation, and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.) Concerning the elements of duty and breach, a property owner has a duty to exercise ordinary care in using or maintaining his or her property to avoid exposing others to an unreasonable risk of injury; the f...
2024.05.09 Demurrer, Motion to Strike 645
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.09
Excerpt: ...has additional facts that could withstand a further demurrer, the Court shall sustain, without leave to amend, as to the 1st, 3rd and 5th causes of action. As to the motion to strike, the Court denies the motion to strike as to Request 1. Because the Court has su stained the demurrer as to certain portions, Requests 2, 4, 5, and 6 are moot. The Court grants the motion as to Request 3 (punitive damages) without leave to amend unless Plaintiff has ...
2024.05.09 Motion for Attorney Fees 774
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.05.09
Excerpt: ...appears to be in line with the rate billed in the local community. As such, a reduction in this hourly rate does not appear warranted. Defendant asserts that some of the billing entries are improper or excessive. Defendant argues that Plaintiff's counsel appears to be i nflating his billing for emails sent and received by billing .1 for each email, which has resulted in more fees than what would be assessed if the actual time spent by counsel wa...
2024.05.09 Motion for Reconsideration 111
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.09
Excerpt: ...) A party's motion for reconsideration must be based on new or different facts or circumstances of law. (Ibid.) A motion for reconsideration must be accompanied by an affidavit stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, or law are claimed to be shown. (Ibid.) When a party seeks reconsideration, he or she must show a “satisfactory explanation for f...
2024.05.09 Motion to Vacate or Set Aside Dismissal 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.09
Excerpt: ...y FM Resta urants El Torrito OPOC, LLC (“El Torrito”). She contends she was injured when an employee carrying a tray negligently hit Plaintiff in the head with the tray. The complaint asserts one cause of action for negligence. Plaintiff's counsel failed to appear a t a trial setting conference, which resulted in the Court setting an OSC as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for failure to appear at th...
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...
2024.05.09 Motion to Compel Further Responsdes 432
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.05.09
Excerpt: ...eld in YOUR na me since 2005, that directly or indirectly contain (or ever contained) funds the source of which is YOUR parents, or their will(s), trust(s), investments, properties, or income; and (2) Identify the financial institution and account number for all charge a ccounts in the name of a person other than YOU that YOU have used since 2005, that directly or indirectly were paid using funds the source of which is YOUR parents, or their wil...
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 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...
2024.05.08 Anti-SLAPP Motion to Strike 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.08
Excerpt: ...ly to Defe ndants' new evidence in the Reply by 5/22/24. The Court will accept no further briefing. Factual / Procedural Context This is a breach of contract case. Plaintiffs Adam Camacho and Martial Science Media, LLC (“Plaintiffs”) assert fifteen causes of action for: (1) Breach of Contract; (2) Common Count: Reasonable Value of Work, Labor, and Services (Quantum Meruit); (3) Common Count: Work, Labor, Services and Materials; (4) Unjust E...
2024.05.08 Demurrer 730
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.08
Excerpt: ...t see, and fell off a yellow curb sustaining serious injuries including a sprained left ankle and fractured right wrist. Plaintiff filed her Complaint on 10/25/23 alleging two causes of action for general negligence and premises liability. Defendant, Perris ESD, bri ngs this demurrer to both causes of action in Plaintiff's Complaint for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) Perris ESD argues that ...
2024.05.08 Motion for Summary Judgment, Adjudication 000
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.08
Excerpt: ...ent (Pinnacle System in December of 2008) and a partial knee replacement (MAKOPlasty in November of 2009). Relevant to this motion, Plaintiff alleges in the operative Second Amended Complaint that the surgeries were performed negligently by various doctors, including by Dr. Murphy, who was working for Desert Orthopedic Center. The Second Amended Complaint alleges as against these Defendants causes of action for fraud and intentional misrepresenta...
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)...
2024.05.08 Motions to Compel Deposition, for Summary Judgment, Adjudication 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.08
Excerpt: ... by the Court, contempt sanctions may be issued. Motion to Compel the Deposition of Ata Rabbie – The Motion to compel third party Rabbie's deposition is granted. Defendant is allowed to take the deposition of Mr. Rabbie after the discovery cutoff. The witness is o rdered to appear for deposition within 10 days of this order. If the witness fails to appear as ordered by the Court, contempt sanctions may be issued. Motion for Summary Judgment/Adj...
2024.05.07 Motion to Vacate and Set Aside Default 552
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.07
Excerpt: ...el Hernandez and Sandra Madrigal De Hernandez breached the CC&Rs by installing a shed and covered barbecue / patio cover in their backyard without first obtaining approval from the Association. On 9/12/23, Mrs. Hernandez was served with the summons and complaint by p ersonal service and Mr. Hernandez was served by substituted service. On 10/27/23, Defendants' default was taken by Plaintiff. On 2/21/24, Defendants filed this motion to vacate and...
2024.05.07 Motion to Strike Demurrer 324
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.07
Excerpt: ...rth (declaratory relief) causes of action; overrule as to the second (quiet title) and third (prescriptive easement) causes of action. This is a boundary dispute between Plaintiffs and their neighbor, the Colorado Riviera Community Association. Plaintiffs allege four causes of action for: (1) nuisance; (2) quiet title; (3) prescriptive easement; and (4) declaratory relief. Plaintiffs have also named numerous individual defendants, who are alleged...
2024.05.07 Motion to Reverse Termination of Section 8 Housing 829
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.05.07
Excerpt: ... 697.) Fur thermore, while Defendant cites to CRC rule 8.54 regarding motions, Title 8 of the California Rules of Court governs motions in the appellate court, not the trial court, and is thus, inapplicable. This is not a Motion for Summary Judgment. It does not app ear Plaintiff seeks summary judgment. By this motion, Plaintiff seeks preliminary injunctive relief prohibiting Defendant from implementing the Decision pending the hearing on the mer...
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...
2024.05.07 Demurrer on FAC 264
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.07
Excerpt: ....5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against Defendants, including Providenc...
2024.05.07 Demurrer on FAC 133
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.07
Excerpt: ... Resort. C ity of Palm Springs police officers (“City”) came to the residence and eventually arrested Plaintiff using excessive force and caused Plaintiff to suffer serious injuries. Plaintiff alleges that the police officers had a duty to keep him safe, even while a rresting him, and that the City is liable for the officers' conduct. Plaintiff filed his operative First Amended Complaint (FAC) on 3/1/24 alleging three causes of action: 1) ne...
2024.05.06 Demurrer 019
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.05.06
Excerpt: ...85) causes of action. Sustain the demurrer to the 2nd through 8th causes of action, and grant Plaintiff 20 days leave to amend (one final attempt to amend to adequately allege facts supporting these causes of action). Second COA: While Plaintiff states, in a conclusory manner, that Defendants discriminated against him because of his condition [FAC at ¶¶ 51 -52], the only conduct that Plaintiff identifies is (1) a single write up for failing t...
2024.05.06 Demurrer on FAC 996
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.06
Excerpt: ...tements pri or to that date. Factual/Procedural Context On September 17, 2020, Plaintiffs Paula Lee and Dylan Lee (“Plaintiffs”) entered into a warranty contract with Defendant Ford Motor Company (“Defendant” or “FMC”) regarding a 2020 Ford F150. (First Amended Complaint [“FAC”] ¶ 8, Ex. A.) Plaintiffs allege that the subject vehicle came with known defects, including transmission defects, electrical defects, suspension defects, ...
2024.05.06 Demurrer, Motion to Strike 186
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.06
Excerpt: ...neral demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (C.C.P. § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their co ntext. (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 ma...
2024.05.06 Motion for Summary Judgment on SAC 047
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.05.06
Excerpt: ...pt in cases whe re Health & Safety Code § 1799.110 applies, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaintiff.” (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1166; Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Avivi v. Centro...
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...
2024.05.06 Motion to Compel Deposition 718
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.06
Excerpt: ... all eleven requests. As to sanctions, Plaintiff's request is granted in reasonable reduced amount of $800. Evidentiary Objections Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, and conc lusory; as to nos. 1-4, it is overruled; and nos. 5 -7, it is sustained. Service of a proper deposition notice obligates a party or party -affiliated witness to attend and testify, an...
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 to Enforce Settlement 684
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2024.05.06
Excerpt: ...s settled his individual claims, the Court should dismiss the Class and PAGA claims, without prejudice, as plaintiff is not a valid class representative or aggrieved employee. Plaintiff argues that this is a class action and that the purported settlement is void, un enforceable, and cannot support a dismissal because: 1) it was obtained by fraud – defendants lied to plaintiff telling him that plaintiff's counsel had agreed with the proposed set...
2024.05.03 Motion to Set Aside Dismissal on Complaint 139
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.03
Excerpt: ...le neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP §473(b), the court is required to vacate any default or dismissal “whenever an application for relief is made no more than six month s after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or n...
2024.05.03 Motion for Summary Judgment 677
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.03
Excerpt: ...employment action ; and (4) the adverse employment action occurred due to the plaintiff's protected class. Reeves v. MV Transportation, Inc. (2010) 136 Cal.App.4th 666, 673. Based on the ruling on the Motion to Deem Matters Admitted, Plaintiff has admitted that he was not d iscriminated against. (Requests for Admission Nos. 4 -6, 8.) As such, this claim fails. The second cause of action is for retaliation. The necessary elements of a retaliation ...
2024.05.03 Motion for Preliminary Injunction 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.03
Excerpt: ...“on the same terms” as their previous extensions. Plaintiffs fourth supplemental brief filed on 2/27/24 provides a concise recitation of the allegations and evidence to support each of the claims now asserted in the FAC. In the supplemental brief filed on 4/5/24, P laintiffs argue the discovery disputes manufactured by Defendants are a distraction and only seek to obtain evidence to support their counterclaims, which are not relevant to Pla...
2024.05.03 Motion for Judgment on the Pleadings 538
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.03
Excerpt: ...e that as to Rob ert Reyes the Cross-Complaint fails to plead his capacity to sue or involves a misjoinder. A motion for judgment on the pleadings addresses defects in a pleading that are disclosed on the face of the pleading or that are subject to judicial notice. (Code Civ. Proc., § 438(d); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reason...
2024.05.03 Motion for Attorney Fees 344
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2024.05.03
Excerpt: ...t particular gro und, the matter is properly before the court and the defect in the notice of motion should be disregarded. [Citation].” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Here the notice states the Motion is being made upon the accompanying papers. Thus, the defect in the notice is disregarded. Attorneys' Fees “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reason...
2024.05.02 Demurrer on FAC 264
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.02
Excerpt: ...bestos Cases (2018) 28 Cal.App.5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dick ey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against ...
2024.05.02 Demurrer to FAC 609
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.02
Excerpt: ...tiffs the Kamins kis contracted with dismissed Defendant Moving Solutions to act as a shipping broker. Moving Solutions was to arrange to have Plaintiff's belongings and household goods shipped from California to Texas. (FAC ¶ 7.) At some point Hermes Moving was engaged to move the property. (FAC ¶ 9.) The gravamen of this lawsuit is Plaintiffs' contention that Hermes did not deliver all of their property, and damaged some of the property that ...
2024.05.02 Motion to Set Aside Dismissal on Complaint 446
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.02
Excerpt: ...oof of servic e pursuant to Cal. R. Ct. 3.110 and failure to timely file and serve an updated and complete case management statement. The OSC was continued several times, until 2/9/22, the court dismissed the action without prejudice for failing to submit a declaration in response to the OSC. The court entered the dismissal order on 2/22/22. On 8/19/22, Plaintiffs filed a motion to set aside the dismissal under CCP §473(b) based on counsel's e...
2024.05.02 Motion to Compel Further Responses 840
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.02
Excerpt: ...s allege tha t during the warranty period, the vehicle suffered defects relating to the engine, transmission, and loss of power, that Honda's authorized repair facility was unable to repair despite a reasonable number of attempts. Plaintiffs brought suit alleging the f ollowing 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 Express Writt...
2024.05.02 Motion to Strike Doe Amendments 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.02
Excerpt: ...it lost over $82,000 t hat it expended in pre-development expenses and lost profits in excess of $4.82 million. On January 10, 2022, Plaintiff filed the original complaint alleging contract and fraud related claims against Balcor. In February 2022, Balcor sold the subject prope rty to another buyer, Cook Capital Fund, who assigned the sales contract to Reed Street LLC, which later changed its name to Pacific Homes at Magnolia, LLC (collectivel...
2024.05.02 Motion to Stay Proceedings 224
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.02
Excerpt: ...ff, individually and deriv atively on behalf of Fleetwood, asserts 9 causes of action against Fleetwood and Defendants, Janice McCoy, Mica Gumbleton, Mara McCoy Cartier, and Michele Davis (the “Employment Action”). On January 4, 2024, the Court in that action granted Fleetwood's mot ion to compel arbitration as to Plaintiff's individual claims only. On February 2, 2024, Defendant filed a motion to compel arbitration. On February 28, 2024, th...
2024.05.01 Motion for Leave to File Complaint 653
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.01
Excerpt: ...ys of this order , only for the limited purpose of seeking discovery which relate to the following subject matters: (1) As against Plaintiffs, the new information which was purportedly brought to light only recently in January 2024 that Plaintiffs were using the vehicle for commercial purposes, which is information relevant to Lentegrity's defense against Plaintiffs' claims in the anticipated re -filing of the motion for summary adjudication and...
2024.05.01 Demurrer on FAC 438
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.05.01
Excerpt: ...o allege f acts sufficient to properly allege that either Mr. Aguirre or Mr. Guzman were managing agents who could be held personally liable. 7th Cause of Action for Sexual Harassment (against all moving Defendants and 9th Cause of Action for Gender Based Harassment (against all moving Defendants): To establish a prima facie case of harassment under the FEHA, Plaintiff must demonstrate that (1) she suffered unwelcome harassment based on a protect...
2024.05.01 Demurrer, Motion to Strike 963
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.05.01
Excerpt: ...this to her atten tion she told him to continue wearing the dentures to encourage his gums to recede so that the dentures would fit better. That did not work, according to Huerta, and he was left without teeth, essentially, and Defendant refused to fix the problem with thes e new dentures. (Complaint ¶¶ 10 -12, 22- 26.) These allegations are insufficient to support a negligent infliction cause of action. To withstand a demurrer the complaint...
2024.05.01 Motion for Leave to Amend Complaint 505
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.05.01
Excerpt: ...e escalator malfunctioned, causing Plaintiff to fall backwards down the escalator. The escalator was maintained by defendant Schindler Elevator Corp. On October 3, 2021, Plaintiff filed the form complaint alleging negligence and premises liability. Trial is scheduled for Ma y 31, 2024. Plaintiff now moves for leave to amend the complaint to allege punitive damages. Plaintiff argues that he was unaware of facts giving rise to punitive damages unt...
2024.05.01 Demurrer 252
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...ays leave to amend. Page 8 of 13 The Court declines to consider the demurrer on the 3rd cause of action, which is not alleged against moving cross - defendant. Factual / Procedural Context On November 20, 2023, Plaintiff Assef Sarage (“Assef”) initiated this actio n by filing the Complaint against defendants Evolution Mechanical, Inc. (“Evolution Mechanical”), Evolution Limo Service LLC (“Evolution Limo”) and Dennis M. Murray, Jr. (�...
2024.05.01 Motion for Protective Order, to Compel Further Responses 333
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...ng: The Co urt grants the motion for motion for a protective order, and denies the motion to compel inspection. The Court grants the motion for special interrogatory no. 68 – said responses due in 10 days. The Court finds the remaining interrogatories are moot. The Court denies the remaining requests for production, requests for admission and form interrogatory. The Court denies the request for sanctions. Factual / Procedural Context Plaintiff...
2024.05.01 Motion for Summary Judgment, Adjudication 688
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.05.01
Excerpt: ...imposing lia bility for financial elder abuse. Per the language of the statute, the “property taken” must be taken as a result of fraud and/or undue influence. Plaintiff submits no evidence establishing fraud and/or undue influence, and the law does not impose a stri ct liability standard on businesses or people when they transact with seniors covered by the statute. Watermark and Orange Coast: Sustain evidentiary objections Nos. 1 -5. Gra...
2024.05.01 Motion to Set Aside Default 506
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...of equipment, materials, and supplies used in the construction industry. Defendant Orange Coast Concrete Inc. contracted with Plaintiff for the delivery of materials to 1695 Foothill Parkway, Corona, California 92881 (the “Property”), owned by Defendants Roberto Morales, Alondra R amirez (“Ramirez”), and Ralph Hernandez (“Hernandez”). Defendant failed to pay for the materials. On December 3, 2021, Plaintiff filed its complaint allegi...
2024.05.01 Motion to Strike Complaint 377
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...intiff seeks punitive damages against Schlinkert and Stoner. In the Complaint, Plaintiff alleges that on May 11, 2021, she was a passenger in a vehicle that came to a stop on Perris Boulevard, in Moreno Valley, California, due to traffic ahead. (Complaint at ¶ GN- 1.) Schlinkert, who was driving under the influence of alcohol and at an excessive rate of speed, collided with a vehicle driven by Stoner, who was also driving under the influence o...
2024.05.01 Special Motion to Strike 433
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.05.01
Excerpt: ...eeding, or any other official proceeding authorized by law” are protected by the anti - SLAPP statute. “The anti -SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedur e for weeding out, at an early stage, meritless claims arising from protected activity.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384 (emphasis in the original).) Thus, cour...
2024.04.30 Motion to Strike, Demurrer 319
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.30
Excerpt: ...erning fraudu lent concealment, for reason Plaintiffs have failed to allege a fraud claim. The motion is granted in part to strike that portion of the FAC concerning Plaintiffs' prayer for punitive as referenced in Kia's motion to strike as to Items # 4 on pg. 3, ln. 27. Defendant Kia is ordered to file an answer to the FAC within 20 days of the order. 2. CVRI2304319 LOY VS KIA AMERICA INC DEMURRER BY KIA AMERICA INC Tentative Ruling: The demurr...
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...
2024.04.30 Motion to Compel Arbitration 125
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.30
Excerpt: ...o, with a completion date of 7/31/20. Plaintiffs allege they were targeted by Wanhoo as first -time buyers, and were promised a newly built home, which was not delivered. Plaintiffs allege that Wanhoo intended to defraud Plaintiffs of their initial deposit and had n o intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the Agreement erroneously claiming that Plaintiffs “failed to deposit into escrow written ver...
2024.04.30 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.30
Excerpt: ... Claudio fil ed his moving papers arguing the primary issue in this matter is ownership of BPI. Claudio seeks a PI restraining Pablo from: (1) conducting or attempting to conduct any “Special Meeting of the Board of Directors” for BPI, originally noticed/scheduled for March 7, 2024 at 12:00 P.M.; (2) noticing, attempting to conduct or conducting any meeting of the Board of Directors of BPI, where one or more persons participating as “Direc...
2024.04.30 Motion for Judgment on the Pleadings 060
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.04.30
Excerpt: ... (1999) 21 Cal.4th 543, 552; Las Palmas Assoc. v. Las Palmas Center Assoc. (1991) 235 Cal.App.3d 1220, 1238.) As the Las Palmas court put it, “no public policy is served by permitting a party who never intended to fulfill his obligations to fraudulently induce anothe r to enter into an agreement.” (Las Palmas Assoc., supra, 235 Cal.App.3d at 1238.) In Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, 843 (review granted), the C...
2024.04.30 Motion for Attorney Fees 276
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.30
Excerpt: ...expended, determine d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Ibid.) The parties agree Plaintiff is the prevailing party. At issue in this motion is the reasonableness of Plaintiff 's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d ...
2024.04.30 Demurrer, Motion to Strike 221
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.04.30
Excerpt: ...intiff could have pursued a lawsuit at any point he felt his complaints went unanswered and nothing is pled that Defendants thwarted plaintiff from proceeding forward. In addition, Plaintiff's claim continues to be based on a non -specific narrative that, at best, Defe ndants purportedly did not report a claim to an insurance company. Alleged negligence (not reporting a claim to an insurance agency) is not tantamount to intentional misconduct. T...
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 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 on FAC 602
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.30
Excerpt: ...of action. (Cal. Code Civ. Pro. §430.10(c) and (e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, a demurrer does not admit conten tions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) A plaintiff must plead only ultimate rather than evidentiary facts. (Doe v. Ci...
2024.04.30 Demurrer on FAC 433
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.30
Excerpt: ...d a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually 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...

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