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2023.11.29 Motion to Determine Good Faith Settlement on Complaint 978
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.29
Excerpt: ... was the driver of a 2003 Chevrolet Silverado who struck and killed Ms. De La Luz. Plaintiffs in the instant matter are decedent's heirs. Plaintiffs have sued the following defendants under the following theories of liability: (1) Bookout on the theory that aookout negligently operated her motor vehicle at the time of the incident; (2) Defendants IPS, Shariden, and Zimmer Consultants, Ltd. on the theory that they negligently designed and/or const...
2023.11.29 Demurrer to SAC 098
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.29
Excerpt: ...ant, '1 5.) These factual allegations are sufficient to allege inducement on false or incomplete statements. As such, the argument by Defendant that concealment is not plead is not persuasive. Next, the Second Amended Complaint alleges that the vehicle had a Hydra-Matic 8L90 transmission. (Second Amended Complaint, '1 4.) It asserts that as early as September 2014, Defendant was aware that the 81_90 transmission was defective. (Second Amended Cro...
2023.11.29 Anti-SLAPP Motion to Strike 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.29
Excerpt: ...ng paragraphs. Factual / Procedural Context: Plaintiffs Stasha Sill ("Stasha") and Alicia Sill ("Alicia") (together "Plaintiffs") filed their original complaint in this action against Defendant Lending Bee, Inc. ("Lending Bee") on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC). On July 7, 2023, Lending Bee demurred to the FAC. On August 29, 2023, the court sustained part of the demurrer, and granted Plaint...
2023.11.29 Demurrer 873
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.29
Excerpt: ...on of Civ. Code 4) breach of the implied warranty of merchantability, 5) fraudulent inducement — concealment, 6) negligent repair, and 7) violation of the Magnusson-Moss Warranty Act. Defendants demur to the 5th and 6th causes of action in Plaintiff's complaint. As to the 5th cause of action Ford asserts that the Complaint fails to allege facts sufficient to state a cause of action, including the failure to allege a duty to disclose, and on the...
2023.11.29 Demurrer 915
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.29
Excerpt: ...uant to CCP 1019.5. This is a Song-Beverly Lemon Law case by Plaintiff Susan Danchak whose Complaint alleges 8 causes of action Defendants Ford Motor Company and Fiesta Ford, Inc. for 1) violation of Civ. code 51793.2(D), 2) violation of Civ. code 51793.2(B), 3) violation of Civ. code 4) breach of the implied warranty of merchantability, 5) fraudulent inducement— concealment, 6) negligent repair, and 7) violation of the Magnusson-Moss Warranty ...
2023.11.29 Demurrer to FAC 896
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.29
Excerpt: ...RCS, which owns a neighboring property, has trespassed onto the Property and has caused a nuisance by allowing stone walls, trees and/or fences to encroach upon the Property. (FAC, 10, 12.) Plaintiff further alleges that the City has condoned RCS's actions by failing to enforce zoning ordinances. (FAC, 11.) The FAC sets forth five causes of action against both defendants: (1) public nuisance; (2) private nuisance; (3) trespass; (4) negligence; an...
2023.11.29 Motion to Compel Further Responses 476
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.29
Excerpt: .... (Cal. Code Civ. Pro. S 2031.310(b)(2); Cal Code Civ Proc S 2030.300(b.) "This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order." ( ownsend v. Superior Court (1998) 61 Cal. App. 4th 1431, 1435.) The level of effort necessary to satisfy the requirement varies depending on the circumstances of the case, but a serious effort is required. (Stewart v. Colonial Western A...
2023.11.29 Demurrer, Motion to Strike 721
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.29
Excerpt: ...ys. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 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 context. (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 whic...
2023.11.29 Motion for Reconsideration 420
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.29
Excerpt: ...pear at two consecutive hearings after having been given notice. On 8/10/23, Plaintiffs filed a Motion to Set Aside Default Judgment entered on 5/31/23. Although there had been no default judgment, the court considered the moton as a moton to set aside the dismissal entered on 5/31/23. Plaintiffs requested an Ex Parte to shorten time to hear the Set Aside motion. The Ex Parte request was denied on 8/11/23. Defendants filed their opposition 8/30/2...
2023.11.29 Motion to Compel Arbitration 864
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.29
Excerpt: ...ts; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/moton to compel...
2023.11.29 Motion to Compel Arbitration 875
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.29
Excerpt: ...d hour violations as well as an unfair business practices claims. By this Motion, Defendant seeks to compel arbitration of Plaintiff's individual claims to arbitration and dismiss the class claims. Plaintiff opposes. Analysis: l. Standard upon the petition/motion of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration ...
2023.11.29 Motion for Preliminary Injunction 747
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.29
Excerpt: ...ersch, alleges three causes of action for 1) declaration of membership rights and order invalidating director appointment, 2) violations of a director's rights of inspection under Corp. Code 58334, and 3) violations of the common interest development open meeting act. On June 15, 2023, Plaintiffs filed an ex parte application to set a hearing date and specifying the manner of notice pursuant to Corp. Cade 57616. The court denied the ex parte appl...
2023.11.28 Motion for Preliminary Injunction 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.28
Excerpt: ...ntiff had entered into a PSA that is the basis of Plaintiff's claims. The PSA was not executed by SEQ and SEQ is not identified as a party to said agreement. Plaintiff asserted in this motion that SEQ is the alter ego of GKL, in an attempt to hold SEQ liable for an alleged breach of the PSA. The Court continued the 9/28/23 hearing to allow Plaintiff to take Gary Leff's deposition, and on 10/24/23 granted Defendants ex parte application to file fu...
2023.11.28 Demurrer 172
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.28
Excerpt: ...tiff alleges that Defendant, Trulieve (founded by Defendant, Kim Rivers) has operated a chain of retail marijuana dispensaries throughout the U.S. Plaintiff alleges that Ms. Rivers is the CEO and Chairman of Trulieve and/or its parent company, and is a significant shareholder who effectively controls the business. Before the alleged events herein, Ms. Rivers partnered in the ownership and management of Trulieve with Benjamin Atkins — Plaintiff'...
2023.11.28 Demurrer 408
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.28
Excerpt: ...nstrument. Specifically, Plaintiff alleges he purchased the property and as a result of undue influence by Defendants Mat and Laurel Thomas, executed a grant deed transferring the property to him and Defendants as joint tenants. In response, Defendants filed their Cross-complaint alleging causes of action for partition, accounting, constructive trust and money had received. They contend that in August 2015, Plaintiff approached Defendant and stat...
2023.11.28 Demurrer to FAC 268
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.28
Excerpt: ...elief demanded determines the applicability of the statute of limitations under our code.' " (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22—23.) Thus, the court will follow Hensler and focus on the gravamen of each cause of action. Song-Beverly: For the Song-Beverly and breach of express warranw, the delivery date is irrelevant, because Plaintiffs discovered the defect within 1-2 weeks of purchase, i.e. 9/24/17-10/1/17. Yet, Plaintiffs did...
2023.11.28 Motion for Attorney Fees 939
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.28
Excerpt: ...��hole golf course and landscaped areas, called "fingers," that extend into the residential community and create greenbelts between the homes. Homeowners located adjacent to the golf course and/or its fingers generally have paid more for their homes. The Golf Course is currently owned and operated by plaintiffs/Cross-Defendants Majestic Asset Management, LLC and Wintech Development, Inc. and Cross-Defendants Jen Huang and Hai Huang (collectively,...
2023.11.28 Motion for Dismissal 700
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.11.28
Excerpt: ...served within three years after the achon is commenced against the defendant...[A]n action is commenced at the time the complaint is filed." Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (Inversiones Papaluchi S.A.S. v. Superior Court (2018) 20 Cal.App.5th 1055, 1051.) CCP S 583.250(b) further provides that [ "If service is not made in an action within the time prescribed in this article...[...
2023.11.28 Demurrer 461
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.28
Excerpt: ...eadings should be settled by that date. All parties shall file updated CMC statements prior to that date. Factual / Procedural Context: On March 22, 2023, Plaintiff, Levira Pickett ("Plaintiff") filed the Complaint in this action against Defendant, Mission Ambulance, Inc. ("Defendant") asserting causes of action for medical negligence and elder abuse. Plaintiff alleges that at the time of the incident, she was 93 years old and had a fractured rig...
2023.11.28 Motion for Sanctions 486
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.28
Excerpt: ...nses, and further responses, as previously ordered by this Court prior to the hearing on this motion, or the tme this tentative ruling is adopted per Local Rules, the Plaintiff is prohibited from arguing or putting on evidence at trial as to all of the following specific issues: (a) "Defendants held themselves out to Plaintiff as experts with respect to the preparation of an offer in compromise (OIC) with the Internal Revenue Service (IRS)," as a...
2023.11.28 Motion for Summary Judgment 335
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.28
Excerpt: ...ry of judgment as a matter of law. (Code Civ. Proc., S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Prcyc., S 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made ...
2023.11.28 Motion to Compel Arbitration 591
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.28
Excerpt: ...the Song- Beverly Act against both the dealer and the manufacturer. (ld. at 491.) Moreover, the signatory defendant in Felisilda was not dismissed until after the motion had already been decided. (Ibid.) In the present case, however, the Complaint sets forth statutory claims and a fraud claim against AHM. The dealer, Honda of Escondido, is not and has never been a party to this action. Moreover, the Complaint does not depend upon the RISC in asse...
2023.11.28 Motion to Dissolve Preliminary Injunction 007
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.28
Excerpt: ...ining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order." (CCP 5533.) The court has inherent power to or dissolve preliminary injunctions. (City of San Marcos v. Coast Waste Management, Inc. (1995) 47 Cal.App.4th 320, 328.) On May 30, 2023, the Court issued the preliminary injunction prohibiting Moving Defendants from instituting or prosec...
2023.11.28 Motion for Summary Adjudication 806
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.28
Excerpt: ...ritten Contract: Defendants have met their burden to show that they were not parties to the alleged employment contracts. "[T]he lack of a party's signature does not make a fully executed contract unenforceable." (Performance Plastering v. Richmond American Homes of California, Inc. (2007) 153 Cal.App.4th 659 [The lack of subcontractor's signature on settlement agreements with general contractor was irrelevant to enforceability].) However, " 'the...
2023.11.28 Motion to Tax Costs 479
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.28
Excerpt: ...the grounds that the costs are not properly awardable to DWR under the Code of Civil Procedure, the California Rules of Court and relevant case law. Specifically, this Moton based upon the following: (1) The Memorandum of Costs indiscriminately seeks an award against three distinct Plaintiffs without particularizing the costs attributable to each, thereby making it unascertainable which costs are claimed against which party, (2) Item No. 1 in the...
2023.11.28 Motion to Tax Costs 735
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.28
Excerpt: ... agency named in Gov. Code, S 6103, and no filing fees were paid, the clerk shall include as part of the judgment the amount of the fees that would have been paid but for Gov. C'Nle, S 6103. Thus, under Gov. C'Nle, S 6103.5, filing fees are costs incurred but not paid, which are recoverable under the general costs statute. Since Gov. Code, S 5103.5, specifically prescribes the inclusion of these fees as costs in a judgment, a trial court has no d...
2023.11.28 Motions to Compel Responses 348
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.28
Excerpt: ... to RFPs, Set one, Nos. #1-20, within 20 days of this order becoming final. Sanctions are denied. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo ("Plaintiff") filed the complaint (the "Complaint") in this action on November 1, 2022 and the operative second amended complaint ("SAC") against defendant George Saezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust ("Defendant"). Plaintiff alleges that sh...
2023.11.27 Motion for Attorney Fees 024
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.27
Excerpt: ...oos Fire Protecton (2012) 53 Cal.4th 1244, 1248 [prevailing party may recover attorney's fees only when a statute or contract provides for fee shiftingl.) Accordingly, Plaintiff's request for attorney's fees in the amount of $28,722.72 is denied. Plaintiffs indicate that they continued to pay half the mortgage payment for the Property for 18 months in the total amount of $15,118.92 while Defendant failed to make any payment. The only support for ...
2023.11.27 Motion to Compel Further Responses 096
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.27
Excerpt: ...ting relevance and specific facts justifying discovery. (CCP Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production "is met simply by a fact-s#cific showng of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the burden to justify any objections. (Kirkland, supra, 25 Cal.App.4th at 98.) l. he Discovery at Issue Is Relev...
2023.11.27 Motion to Compel Arbitration 000
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.27
Excerpt: ... to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence." A p...
2023.11.27 Motion to Compel Deposition 431
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.27
Excerpt: ....P. 52025.280(a).) Pursuant to C.C.P. 52025.450(a), where a party fails to appear, without a valid objection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be accompanied by a meet and confer declaration under C.C.P. 52016.040. (C.C.P. 52025.450(b).) Evaluating whether a "reasonable and faith attempt" to meet and confer was ma...
2023.11.22 Demurrer, Motion to Strike 096
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.22
Excerpt: ...lege that Defendant Marc Alan Ewingregan ("Defendant") was driving while intoxicated when he drove his vehicle into the vehicle in which Plaintiff Hector was driving and Plaintiff Ava was a passenger, causing damage and injuries to both Plaintiffs. Plaintiffs assert claims for negligence and motor vehicle negligence, and seeks punitive damages against Defendant. In his demurrer, Defendant argues the "cause of action" for punitive damages fails to...
2023.11.22 Application for TRO 878
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.22
Excerpt: ...5 after hearing. Plaintiff Oasis Independent Medical Inc. ("Plaintiff" or "Desert Oasis") filed the Complaint in this action on October 6, 2023, against Defendants, Job Lopez, Nurse Practitioner ("NP Lopez"); Juan M. Acosta, M.D. ("Dr. Acosta"); Coachella Valley Medical Group IPA Inc. ("CVMG"); Francisco Cordova, M.D. ("Dr. Cordova"); Carlos Lopez, M.D. ("Dr. Lopez"), and CoachellaMed. The Complaint sets forth seven causes of action: (1) Breach o...
2023.11.22 Demurrer to FAC 932
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.22
Excerpt: ...acific Dental Services, LLC ("PDS") and administered by Blue Cross of California ("Blue Cross"). Prior to having procedures performed, Plaintiff contacted PDS and Blue Cross and received information that Aquino had insurance coverage. Based on the information provided, Plaintiff provided services to Aquino. When it submitted claims to Blue Cross and PDS, it was reimbursed at a significantly lower rate. The First Amended Complaint ("FAC") asserts ...
2023.11.22 Demurrer 451
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.11.22
Excerpt: ...N, INC. (ERRONEOUSLY SUED AS HONEYCOMB INVESTMENT & LOAN, INC.) demur to Plaintiff's complaint for uncertainty and failure to state a cause of action, Causes of Action 2-9, because the Honeycomb entities were not incorporated or formed until after the purchase agreement was executed by the parties on 1/18/22. The Court rejects this contention, as the Purchase Agreement states that Honeycomb was the brokerage firm acting on behalf of both Sellers ...
2023.11.22 Demurrer, Motion to Strike 602
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.22
Excerpt: ...oral arguments will be heard 11/29/23). A general demurrer lies where the pleading does not state facts sufficient to consttute a cause of action. (C.C.P. S 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 context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have...
2023.11.22 Motion to Add Indispensable Party 489
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.22
Excerpt: ...laŸng to the subject of the acŸon and is so situated that the disposiŸon of the acŸon in his absence may (i) as a pracŸcal ma©er impair or impede his ability to protect that interest or (ii) leave any of the persons already parŸes subject to a substanŸal risk of incurring double, mulŸple, or otherwise inconsistent obligaŸons by reason of his claimed interest. If he has not been so joined, the court shall order that he be made ...
2023.11.22 Motion to Strike Complaint 826
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.22
Excerpt: ...ckson argues that punitive and exemplary damages should be stricken under Code of Civil Procedure section 436 because the facts pleaded are insufficient to support a claim of oppression, fraud, or malice. The Court disagrees. The allegations are specific and they, and inferences that may drawn from them, are sufficient to survive the moton to strike. The Complaint pleads that on the night of the accident Jackson, who lost his license as a result ...
2023.11.22 Motion to Vacate, for Relief 126
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.22
Excerpt: ...lment; and (5) Public Nuisance. On July 24, 2023, this Court ordered Plaintiff to pay $5W.OO for failure to appear at a June 23, 2023 trial setting conference, and an additional $51% for the failure to participate in the drafting of a joint trial statute conference statement (Declaration of Shelan Toma, 93, Ex. A — Notice of Ruling), and $560 further on September 12, 2023 to be paid jointly and severally by Plaintiff's counsel and Plaintiff for...
2023.11.22 Motion to Consolidate 776
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.22
Excerpt: ... court. [See CCP S 1048] The purpose is to enhance trial court efficiency (i.e„ to avoid unnecessary duplication of evidence and procedures); and to avoid the substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). [See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 CA4th 976, 978-979, 56 CR2d 16, 17- 18] By statute, "(w)hen actions involving a common...
2023.11.21 Motion to Tax Costs 582
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.21
Excerpt: ...ate they seek $690.60 for witness fees for Michael Wasco. Mr. Wasco is not identified as an expert. Defendants also fail to provide how many days he was made available as a witness or how many miles he traveled. As discussed above, witness fees are $35 a day and travel costs are $0.20 a mile actually traveled by the witness. Defendants indicate that part or the $590.50 incurred by Defendants was to compensate Mr. Wasco for his lost wages. These a...
2023.11.21 Motion to Quash Subpoena 500
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.21
Excerpt: ...edical examinations or doctors' notes related to the subject incident or prior shoulder injuries could issue likely without being quashed. The remaining records, including job application, leaves of absence, health benefits, performance evaluations and disciplinary records, are not directly relevant to any issues raised by the Complaint. Plaintiff is awarded $1,635 in sanctions. These sanctions reflect a more reasonable rate for discovery. The ar...
2023.11.21 Motion to Compel Deposition of PMQ 447
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.21
Excerpt: ...hase date of the subject vehicle on September 3, 2019, to the filing of the instant achon on May 18, 2023). Responding party is also ordered to pay sanctions in the amount of payable to moving party's counsel within 30 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a lemon law case. On September 3, 2019, Plaintiff purchased a 2019 GMC Sierra 15W, which was manufactured and warranted by Defendant....
2023.11.21 Motion to Compel Arbitration 224
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.21
Excerpt: ...to arbitrate the dispute covered by the agreement. (C.C.P. S 1281.2.) There is a strong public policy in favor of arbitration agreements." (Blake v. Ecker (2CM) 93 Cal.App.4th 728, 741.) Upon the petition/moton of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the ...
2023.11.21 Motion for Summary Judgment on FAC 431
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.21
Excerpt: ...mann, a registered Civil Engineer, particularly on grounds of lack of foundation, hearsay, lack of personal knowledge, speculation and improper bases for opinion. These objections are overruled. Caltrans' objections to Zacheis' evidence Objections to Plaintiff's Documentary Evidence Caltrans makes 11 objections (Objections 1-11) to Plaintiff's evidence, asto Exhibits B, C, D, E H, l, N, P, Q, and T primarily on grounds of no authentication, impro...
2023.11.21 Demurrers on FAC 802
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.21
Excerpt: ... Marshall's wife, Plaintiff Eaton, sued EMC and its alleged administrator, Martin Massiello alleging: (1) dependent adult elder abuse (Welt & Inst. Code 515600, et seq.); (2) Medical Malpractice Survival Action (Code Civ. Proc., 5377.20); (3) Willful Misconduct; (4) Negligent Infliction of Emotional Distress; and (5) Wrongful Death. Massiello demurrers to the First Amended Complaint and all causes alleged against him on the basis that it fails to...
2023.11.21 Demurrer 576
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.21
Excerpt: ...ith Defendant, Volkswagen Group of America, Inc., about their 2019 Volkswagen Jetta. Plaintiff allege they revoked acceptance of the subject vehicle under the Song Beverly Act (SBA) due to defects and nonconformities that manifested within the warranty period including body defects, engine defects, electrical defects, among others. The alleged defects impair the use, value, or safety of the vehicle making it worthless. Defendant, VWGOA, was unabl...
2023.11.20 Motion for Leave to File Complaint 116
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.20
Excerpt: ...to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other achon assert against the plaintiff the related cause of action not pleaded. A "related cause of action" is defined under CCP S 426.10(c) as, "a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as t...
2023.11.20 Motion for Leave to Amend and File FAC 536
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.20
Excerpt: ...or interference with contractual relationships to the existing complaint against Laverne Dewald ("Dewald"), Brian Davis ("Davis"), Paul Jones ("Jones"), Joe Tucker ("Tucker") and Tom Salinas ("Salinas"). In reviewing the prior motion, the court found that the proposed amended complaint failed to allege any facts to support "wrongful conduct" by the defendants as the formation of a competing softball league does not constitute wrongful conduct, bu...
2023.11.20 Motion to Strike Complaint 691
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.20
Excerpt: ...ut all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP S 436.) On a motion to strike, as with a demurrer, "the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to str...
2023.11.20 Motions to Compel Second Deposition 364
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.20
Excerpt: ...Group ("EMC") for, among other things, negligence, premises liability, loss of consortium, and negligent infliction of emotional distress. Plaintiffs allege that on April 22, 2017, Victoria was pushing Bernard on his walker through the premises of EMC, and the walker caught on a raised area at the entry to the parking lot, causing Bernard to fall backward and hit his head on the pavement. (Complaint at '1 12.) In December 2020, Bernard was depose...
2023.11.17 Motion to Compel Answers 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.17
Excerpt: ...swer, judgment was entered in favor of plaintiff Jason Rubin ("Judgment Creditor") 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. On June 24, 2023, Judgment Creditor served his first set of requests for production of documents and s#cial interrogatories. On August 11...
2023.11.17 Motion for Summary Judgment, Adjudication 745
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.17
Excerpt: ...ved from the Equestrian Center. CLPOA terminated the contract effective on or about August 10, 2020. Gardner failed to remove his horse from CLPOA's Equestrian Center until about 7 months thereafter. All the while, CLPOA housed, fed, watered and otherwise sheltered Gardner's horse, at CLPOA's expense, even as the reputation of the Equestrian Center and CLPOA's authority to enforce its Governing Documents was being undermined. On September 22, 202...
2023.11.17 Motion for Summary Judgment 134
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.17
Excerpt: ...9 while incarcerated in Riverside County jails. The Complaint was filed on 1/10/23 via form complaint with the "general negligence" box checked and an attachment labeled general negligence which makes reference to the Bane Act, Civ Code S 52.1(c), Gov. Code S 844.6(d) and failure to protect under the 8th Amendment. Defendant contends that this action is barred by res judicata and/or collateral estoppel. They assert that Plaintiff was a plaintiff ...
2023.11.17 Motion to Compel Arbitration 591
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.17
Excerpt: ...the declarations of Maria Diaz and Ernesto Garc:ia. The declaration of Maria Diaz declares as follows: • She is Defendant's HR Director. • On December 15, 2017, in connection with his onboarding with NP, Plaintiff signed a Mutual Arbitration Agreement, attached as Ex. A. • On August 10 2021, Plaintiff signed an updated agreement, attached as Ex. B. • On April 15, 2022, Plaintiff signed another updated agreement attached as Ex. C. • The ...
2023.11.17 Motion to Compel Deposition 725
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.17
Excerpt: ...wned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep ft. City also informed Plaintiff that they would give him a 20-year lease with two 10-year options to extend. In June 2014, RASI delivered a bill of sale for th...
2023.11.17 Motion to Stay Enforcement of Judgment 590
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.17
Excerpt: ...roaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear-ended a vehicle in front of them, Defendants Jose Luis Cuellar Beltran ("Beltran") and Barillas Trucking, Inc. ("8Tl") rearended Plaintiffs, and another vehicle (the Padilla vehicle) also struck Plaintiffs' vehicle, which came to rest on its right side. Plaintiffs filed their Complaint on 4/24/19 alleging a single cause of achon for motor vehicle and general negligen...
2023.11.17 Motions to Compel Further Responses, for Sanctions 968
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.17
Excerpt: ...ot return her money. On September 14, 2022, Plaintiff filed her complaint alleging claim for medical negligence. Defendant Erik Sahl, D.D.S. ("Dr. Sahl") has now filed three (3) separate motions to compel further responses. As to Form Interrogatories, Set One, Dr. Sahl seeks an order finding Plaintiff has waived all objections, waived the option of producing writings, and seeking to compel further verified responses to Nos. 2.3, 2.4, 14.1, and 17...
2023.11.16 Motion for Protective Order, for Monetary Sanctions 369
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.16
Excerpt: ...l Fathers Rights ("RFR") and Mark A. Reel, Jr. ("Mr. Reel") (collectively, "Defendants"). On 3/17/2023, Plaintiff filed a Complaint against Defendants, alleging (1) failure to engage in interactive process; (2) failure to accommodate; (3) disability discrimination; (4) retaliation (FEHA); (5) retaliation (Labor Code S 1102.5); (5) harassment; (7) failure to prevent discrimination, harassment, and retaliation; (8) wrongful termination in violation...
2023.11.16 Demurrer, Motion to Strike SAC 427
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.16
Excerpt: ... and 8th (wrongful termination) causes of action without leave to amend. The Court sustains the demurrer to the 9th (failure to pay minimum wages) and 10th (intentional infliction of emotional distress) causes of achon with 30 days leave to amend. The Court grants the motion to strike punitive damages as to CXR without leave to amend. The Court grants the motion to strike as to Stevens, with 30 days leave to amend. Factual / Procedural Context: O...
2023.11.15 Motion for Leave to Amend Complaint 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.15
Excerpt: ... Setting Conference (TSC) with both counsel ordered to file joint TSC declaration 10 days prior to hearing and OSC set for same date and time for failure to comply with court order. Moving party to provide notice pursuant to CCP 1019.5. On January 17, 2023, petitioner/ plaintiff Jags Care ("Jags Care"; "Jags"; or "Plaintiff") filed the Verified Petition for Writ of Mandate and Complaint against the County of Riverside ("the County" or "Defendant"...
2023.11.15 Demurrer 305
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.15
Excerpt: ...heir Complaint against Defendants Ford Motor Company ("FMC") and Palm Springs Motors Inc. ("Palm") (collectively, "Defendants"), alleging (1) Violation of Civ. Code S 1793.2(d) of SongBeverly Act (against FMC), (2) Violation of Civ. Code S 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) of Song-Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Indu...
2023.11.15 Demurrer to SAC 246
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.11.15
Excerpt: ...A S 502(a), 29 U.S.C. S 1132. Conflict preemption does not apply under ERISA S 514, 29 U.S.C. S 1144, since Plaintiff's claims here for implied contract, misrepresentation, negligence and quantum meruit are based on alleged oral representations made by United's employee regarding a promise to pay for services provided by the Surgery Institute. While the Plan may be the initial step in the causation chain, in that the alleged misrepresentations we...
2023.11.15 Demurrer, Motion to Strike 210
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.15
Excerpt: ... are barred by res judicata, and the Complaint is insuffcient to state a cause of action. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., 5430.10(e).) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and ma...
2023.11.15 Demurrer, Motion to Strike 759
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.15
Excerpt: ...n for judgment on the pleadings have not all been addressed. The first cause of action for breach of written contract is based on the "contract" attached as Exhibit Ato the FAC. It is not clear that this is a contract at all, but assuming it was intended to be a contract, it is not clear from the pleadings or the fact of this document what the essential features of the agreement were and whether there was a meeting of the minds. Although is clear...
2023.11.15 Motion for Attorney Fees 556
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.15
Excerpt: ...1038 is authorized on the granting of a moton for summary judgment or other dispositive motion at trial. (C.C.P., S 1038(d).) "The plain purpose of section 1038 is to discourage frivolous lawsuits against public entities by providing public entities with an alternative remedy to a constitutionally proscribed action for malicious prosecution." (Gamble v. Los Angeles Dept. of Water and Power (2002) 97 Cal.App.4th 253, 258—259.) To support an awar...
2023.11.15 Motion for Terminating Sanctions 453
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.15
Excerpt: ...inly has notice of the prior discovery rulings now. The Court orders Plaintiff to provide responses within 20 days of notice of this order. If no responses are provided following notice, the Court shall permit Defendants to file an additional motion for sanctions. Factual / Proc:edural Context: Plaintiff Suresh Kamble as Trustee of the Settler's Living Trust ("Plaintiff") filed the complaint (the "Complaint") in this action on August 16, 2022 aga...
2023.11.15 Motion for Reconsideration 455
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.15
Excerpt: ...3, ruling in Kielar v. Superior Court of Placer County (2023) 94 Cal.App.5th 614. In opposition, Defendant asserts that Plaintiff's motion is entirely untimely and procedurally improper, as Plaintiffs ask this Court to change its ruling from nearly two years ago from November 18, 2021. Further, the cases that Plaintiff relies on not only do not overturn the ruling in Felisilda, at best they create a split in authority, but are also distinguishabl...
2023.11.15 Motion for Summary Judgment on FAP 531
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.11.15
Excerpt: ...ited to the record. He argues the owner of an entity does not own the entity's assets or interests. Petitioner responds that California Public Resources Code section 21167.5.5(a) requires the petitioner to name any parties that received an approval. It argues that this was not frivolous to demonstrate malicious prosecution, to which Hasso fails to establish. It argues the issue is whether the naming of Hasso was improper, not whether he should ha...
2023.11.15 Motion to Compel Arbitration 693
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.15
Excerpt: ...s LLC. She alleges that Defendant's employee, Defendant Kirshawn Ratuita sexually harassed and assaulted her during her employment between the end of December, 2021 and on or about 12/31/212, and that when she complained, she was retaliated against and was left with no choice but to resign in February, 2022. She filed this Complaint on 7/19/23 alleging various employment claims including sexual harassment, sexual assault, gender discrimination, f...
2023.11.15 Motion to Compel Compliance with Discovery Order 486
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.15
Excerpt: ...model as Plaintiff's that were sold within California. Number 41 was also granted. On 5/12/23, Defendant provided supplemental responses and served documents to numbers 16, 19-21 and 41. Plaintiff seeks and order to compel Defendant's compliance with the 3/29/23 order. Plaintiff argues Defendant's 5/12/23 responses were still insufficient and many documents were not produced. Plaintiff contends that Defendant did not any backup internal investiga...
2023.11.15 Motion to Compel Further Discovery Responses 256
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.15
Excerpt: ... following grounds: (1) "A statement of compliance with the demand is incomplete"; (2) "A representation of inability to comply is inadequate, incomplete, or evasive"; or (3) "An objection in response is without merit or too general." (Code Page 4 of 5 Civ. Proc., S 2031.310(a).) However, unlike any motions to compel responses of other forms of written discovery, the motion to compel further responses to RFPs must set forth specific facts showing...
2023.11.15 Motion to Strike FAC, Demurrer 864
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.15
Excerpt: ...e vehicle was sold with bumper-to-bumper and other express warranties. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff asserts that, despite its inability to repair the Subject Vehicle, Defendant refused to repurchase the vehicle in violation of the Song Beverly Consumer Warranties Act ("Song Beverly Ac"). Plaintiff also alleges that ...
2023.11.14 Motion for Summary Judgment 064
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.14
Excerpt: ...t. (CCP S 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) Once the plaintiff has made such a showing, the burden shifts to the defendant to produce admissible evidence showing that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP S 437c(p)(1); Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554, 565.) If the defendant does not mak...
2023.11.14 Demurrer 097
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.14
Excerpt: ...tiff alleges that on August 21, 2019, he lent $570,0W to Defendant, and the parties entered into a promissory note for that amount. (Complaint at '18.) The note is attached to the Complaint as Exh. A. The maturity date on the note was August 21, 20261 , and no other payments were due prior thereto, except that Defendant was required to use any distribution he received from TV8G Ventures, LLC ("TV8G") to pay down the loan until it was paid off. (C...
2023.11.14 Demurrer 164
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.14
Excerpt: ...ituting the cause of action, in ordinary and concise language." (Code Civ. Proc„ S 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 need only plead facts necessary "to acquaint a defendant with the nature, so...
2023.11.14 Demurrer to Petition and Complaint 327
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.11.14
Excerpt: ...nd that petitioners failed to exhaust administrative remedies. Further, City argues that the finalization of the master plan was not a project and any challenge must have been brought after the NOD was issued on October 8, 2021. Petitioners argue both that the 180 day limitations not the 30 day period apply and that the statute began to run on February 1, 2022 when the City Council approved the master plan and map. " 'Questions concerning whether...
2023.11.14 Demurrer, Motion to Strike FAC 301
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.11.14
Excerpt: ...rrantor" and that HMA violated that Song Beverly Act by failing to conform the Vehicle to the express written warranties within a reasonable number of attempts (Comp.,'1 12, 15), Plaintiff does not actually allege that HMA provided any express warrantes to Plaintiff covering the Vehicle. There are no facts showing the warranty period. Nor does the Complaint allege any specific nonconformity. The Complaint provides conclusory allegations only that...
2023.11.14 Motion for Determination of Good Faith Settlement 388
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.14
Excerpt: ... before the condominium was damaged in a fire. On November 19, 2021, Plaintiffs filed a Complaint against FN8A alleging breach of contract and negligence related to FN8A's failure to timely pay Plaintiffs' homeowners' insurance premiums. Thereafter, FNBA filed a Cross-complaint against Rockledge Gardens Condominium Association ("Rockledge") and the home insurance carrier, Amica Mutual Insurance ("Amice") seeking to recover attorney's fees and lit...
2023.11.14 Motion to Set Aside Dismissal 838
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.14
Excerpt: ...ndoza and the Court set a Trial Setting Conference for May 9, 2023. At the May 9th TSC, there was no appearance by plaintiff or plaintiffs counsel. The Court continued the TSCto June 14, 2023 and set an order to show cause re: sanctons. On June 14th the Court held the TSC and OSC, at which Plaintiff did not appear and the Court's Minute Order reflected that defense counsel reported there has been minimal contact with plaintiffs counsel in the las...
2023.11.14 Motion for Summary Judgment on SAC 631
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.14
Excerpt: ...A. ("MA Travis") (collectively, "Defendants") (because 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). Plaintiffs allege Defendants failed to timely refer Chona to an endocrinologist and failed to prescribe the correct medication resulting in their damages. On July 25, 2022, Plaintiffs filed th...
2023.11.14 Motion for Summary Judgment, Adjudication 841
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.14
Excerpt: ...e lane line and were not visible to Plaintiff. Plaintiff contends that said lane dividers created a dangerous condition and there was no warning of the dangerous condition. He asserts one cause of action against the City of Corona ("City") for dangerous condition of public property. City brings this motion for summary judgment. It contends there is no dangerous condition of public policy because the lane dividers, referred to as Botts' Dots, were...
2023.11.14 Motion to Compel Further Responses 557
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.14
Excerpt: ... during the relevant time frame]. Request 33- Any and all audio or video tape recordings involving any discussions concerning the SUBJECT VEHICLE. Request 66- YOUR dealership agreement with Moss Bros. Chrysler Dodge Jeep Ram Riverside, in Riverside, California. These requests specifically relate to the subject vehicle, the repair facility and/or the warrant and procedures directly related to the vehicle. FCA fails to justify its objections (RFP 8...
2023.11.14 Motion to Seal 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.14
Excerpt: ... special interrogatories on Defendant seeking financial information and records. (Yost Decl. at "13-5.) On August 11, 2023, Defendant served objections to the discovery, in which he allegedly complained about actions taken by Plaintiff and his counsel during the course of the litigation and beyond. (Yost Decl. at 6-8.) Plaintiff contacted Defendant and requested that Defendant agree to seal those portions of the objections, and Defendant refused....
2023.11.14 Motion to Set Aside Default, Judgment 940
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.14
Excerpt: ...tion regarding the allegedly negligent handling of the funeral services and cremation of her son, Ogburn v. Harrison-Ross Mortuary and Harrison-Ross Funeral Home, Case No. RIC1901398 ("Negligence Acton"). Plaintiff alleged that after her son's body was released to the Evans Brown Mortuary ("Evans Brown") pursuant to an order signed by Plaintiff as the decedent's mother, Patricia Monice Larry ("Larry"), who claimed to be the decedent's wife, order...
2023.11.14 Petition for Relief from Government Tort Claim Requirement 569
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.14
Excerpt: ...torney alleged that Petitioner had violated the terms of his probation. (ld. at '1 2, Ex. A at 3.) On 10/21/2020, Petitioner appeared in court for the probation revocation hearing, where he was represented by the public defender's office. (ld. at 2, Ex. A at 2, 10.) That day, the trial judge found Petitioner violated the terms of his probation and revoked his probation and the original five-year sentence. (ld. at '1 2, Ex. A at 2.) On 7/5/2023, P...
2023.11.13 Demurrer 543
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.13
Excerpt: ...eatment for COVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, Page 4 of 7 but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "D...
2023.11.13 Demurrer 723
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.13
Excerpt: ... DEMURRER Goldenvoice served and filed its demurrer less than 16 court days prior to the hearing. (C.C.P., S 1005(b).) However, Plaintiff arguably waived any defect in the service and filing by filing a substantive response on the merits. (Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7; Carlton v. Quint (20m) 77 Cal.App.4th 690, 697.) Accordingly, the court may give due consideration to the demurrer. MERITS A general demurrer lies where the p...
2023.11.13 Demurrer on FAC 455
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.13
Excerpt: ...ess. {FAC, "1 11, 20.} The only remaining issue in this demurrer is the second cause of achon for battery. The tort of battery is an intentional and offensive touching of a person who has not consented to the touching. (Conte v. Girard Orthopaedic Surgeons Med. Group, Inc. (2CG) 107 Cal.App.4th 1250, 1265.) "The essential elements of a cause of action for battery are: (1) defendant touched plaintiff, or caused plaintiff to be touched, with the in...
2023.11.13 Demurrer on SAC 827
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.11.13
Excerpt: ...erruled. The complaint sufficiently alleges that plaintiff was employed by both Medcare Farms and Medcare 2.0. Nor is it required that the complaint allege "specific allegations of fact as to why the Court should consider those separate employers to be considered joint employers" as defendant Medcare contends. These would be evidentiary facts, which are not required. The rules of pleading only require ultimate facts to be alleged; evidentiary fac...
2023.11.13 Demurrers 878
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.13
Excerpt: ...feco as part of an insurance claim, made contradictory statements about the cause of the property damage "rais[ing] serious concerns about the objectivity and integrity of SAFECO'S investigation and HAAG Engineering's conduct." {FAC '1 30.} The fourth cause of action for negligence and fifth cause of action for violation of Business and Professions code 17200 are brought as against HAAG and all other defendants. As the demurrer correctly argues, ...
2023.11.13 Motion and Special Motion to Strike Complaint 271
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.13
Excerpt: ...ward Financing, LLC, and when that party breached, Defendant filed an arbitration proceeding. The arbitrator awarded Defendant $33,784.30, which Defendant filed a petition to confirm (CVRI 2100121), and the court granted. Plaintiffs first learned of the agreement when they received notice of entry of judgment. Defendant specially moves to strike the complaint on the grounds that it is trying to enforce a judgment, and therefore protected by the l...
2023.11.13 Motion for Protective Order 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.13
Excerpt: ...nc. ("MORryde"). On July 07, 2021, Plaintiffs filed their Complaint, naming Jayco and MORryde as Defendants, alleging the following causes of action: (1) Strict Liability; (2) Negligent Product Liability; (3) Breach of Warranty; and (4) Negligence — Personal Injuries. MORryde now moves for a protective order precluding Plaintiffs from taking the deposition of its secretary and CFO, Rodney Moore, who is described as an "apex" witness, and also s...
2023.11.13 Motion to Continue Complaint 232
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.13
Excerpt: ...All parties and their counsel must regard the date set for trial as certain." Cal Rules of Ct 3.1332(a). In ruling on a moton to continue the trial, the court will look at the factors set forth in Cal Rules of Ct 3.1332(c)—(d). The trial court has wide discretion in deciding whether to grant or deny a continuance, and its decision will be reversed only when an abuse of discretion is clear. Link v Cater (1998) 60 CA4th 1315, 1321. The denial of ...
2023.11.13 Motion to Set Aside Default and Judgment 133
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.13
Excerpt: ...Property") but that Defendant breached the Agreement and refused to sell the Property. (Complaint, "1 4, 8-10.) The Complaint sets forth claims for breach of contract and declaratory relief and seeks specific performance. Plaintiffs complaint was filed on 9/10/21. According to the proof of service filed on 11/4/21, Defendant was personally served with the Complaint at the Property on 10/15/21. Defendant failed to file a timely answer to the Compl...
2023.11.09 Motion to Tax Costs 198
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.09
Excerpt: ... in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Emphasis supplied.) under the plain language of the statute, Defendants are prevailing parties. CCP S 1033.5(a) contains a list of items specifically allowed as recoverable costs, and S 1033.5(b) contains a list of items that "are not allowa...
2023.11.09 Motion to Expunge Lis Pendens, for Attorney Fees 396
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.09
Excerpt: ... married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, they discussed investing in real estate in the United States. In 2019, Defendants informed Plaintiff they were traveling to the United States, and offered to assist her with applying for a Visa and in locating and purchasing real estate on her behalf. Defendants helped Plaintiff to purchase three proper...
2023.11.09 Motion to Compel Further Responses 610
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.11.09
Excerpt: ...ial interrogatories Nos. 45 - 48, contending the interrogatory relates to proving that Plaintiff's vehicle contained a defect, and whether Defendant willfully violated Song-Beverly. He requests sanctons of $2,222.50. Defendant opposes the motion on the grounds that the interrogatories are overbroad and seek irrelevant information. It argues that sanctions are not warranted. Legal authorities and analysis: A party may file a moton compelling furth...
2023.11.09 Motion to Compel Depositions 725
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.11.09
Excerpt: ...ruction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep it. City also informed Plaintiff that they would give him a 20-year lease with two 10-...
2023.11.09 Motion to Compel Arbitration 444
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.09
Excerpt: ...th 1324, Kielar v. Su#rior Court (2023) 94 Cal.App.5th 614 and Ngo v. BMW of N. Am. , LLC (9th Cir. 2022) 23 84th 942, 950 is granted. (Evid. Code S 451(a) [mandatory judicial notice of decisional law of this state and of the United States].) EVIDENTIARY OBJECTION Plaintiffs make a single objection to the introduction of the RISC (Exhibit A) by the Michel Declaration on the grounds, among others, that the RISC is not properly authenticated and am...

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