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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 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...
2024.05.14 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...
2024.05.13 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 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 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...
2024.05.13 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 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...
2024.05.10 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 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 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 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...
2024.05.09 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...
2024.05.08 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...
2024.05.08 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 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 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 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...
2024.05.07 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...
2024.05.07 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, 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 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 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 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 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...
2024.05.06 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...
2024.05.06 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 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 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 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 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 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...

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