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2024.02.15 Motion to Compel Neuropsychological IME 776
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.02.15
Excerpt: ...ostic tests and procedures, conditions, scope, and nature of the examination. CCP § 2032.320(d). It is unclear what types of tests and what neurological issues the examination will cover. In reply, Defendants make no attempt to fix this issue, even though it is pointed ou t by Plaintiff. Based on this alone, the motion must be denied without prejudice. Defendants' request that Plaintiff be precluded from audio recording the examination is also ...
2024.02.15 Motion to Compel Further Responses 711
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.02.15
Excerpt: ...covery has ne ver been considered relevant—witnesses may be compelled to appear and testify whether they want to or not.” (Id. at 1251 -1252.) Courts have prevented the release of witness contact information only under extreme circumstances. (Planned Parenthood Golden Gate v. Superior Court (2000) 83 Cal.App.4th 347.) Here, Plaintiff seeks the identity and contact information for Defendant's former employers as percipient witnesses to Wold's ...
2024.02.15 Motion to Compel Deposition of PMQ 108
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.15
Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...
2024.02.15 Motion for Summary Judgment, Adjudication 567
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.02.15
Excerpt: ......
2024.02.15 Motion for Summary Adjudication on SAC 328
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.15
Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...
2024.02.15 Motion for Attorney Fees 154
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.15
Excerpt: ...ffs”) purchased a 2013 Jetta City (“subject vehicle”), which was manufactured or distributed by Defendant Volkswagen Group of America, Inc. (“Defendant”). Defendant provided warranties with the subject vehicle. Plaintiffs allege that the subject vehicle developed nonconf ormities and defects, including engine defects, during the warranty period. Plaintiffs delivered the subject vehicle to authorized repair facilities, but Defendant's ag...
2024.02.15 Demurrers on SAC 674
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.15
Excerpt: ...4. These motions are nearly identical. Plaintiffs have filed a supplemental opposition to Johns and Strebe's 2/15/24 demurrer. Plaintiffs argue that whether a plaintiff should have discovered facts to determine if delayed discovery is applicable is a question of fact and should only be decided as a matter of law if the evidence can support only one reasonable conclusion. She argues that six licensed real estate professionals received the deed an...
2024.02.15 Motion to Compel Further Responses 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.15
Excerpt: ...ed. Verified further response to RFA No. 12, without objections, is to be provided to moving party within 30 days of this order becoming final. This is an elder abuse case. In May 2023, Plaintiff Marilyn Convey (“Plaintiff”), who is over 65 years old and suffe ring from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” ...
2024.02.14 Demurrer, Motion to Strike 858
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.14
Excerpt: ...with the purcha se 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 experience significant problems with the Vehic l e 's electrical system transmission. Plaintiffs brought the Vehicle in to authorized dealerships and/or repair facilities of Defendant on numerous occasions. As a result of ...
2024.02.14 Demurrer 882
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.02.14
Excerpt: ...ior demurrer brought on similar grounds. Plaintiff's First Amended Complaint now alleges causes of action for: (1) fraud; (2) misrepresentation; (3) violations of the Unfair Competition Law; and (4) elder abuse. Plaintiff alleges in the FAC that she executed a promis sory note and a deed of trust to the originating lender, and challenges Defendants' authority to pursue a non -judicial foreclosure on the ground that the originating lender is the o...
2024.02.14 Demurrer to FAC 038
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.14
Excerpt: ...s. Factua l and procedural background: Plaintiff filed its original Complaint on 8/23/23, sought injunctive relief for violation of the Immigration Consultant Act. Defendants Delia Gomez Bazan and Azteca Taxes & Auto Insurance Services, LLC. The First Amended Comp laint was filed on 9/14/23. Defendants demur to the entire FAC on grounds that it fails to state facts sufficient to constitute a cause of action, fails to allege any actionable alleg...
2024.02.14 Demurrer to FACC 689
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.02.14
Excerpt: ....) A written contract may be pleaded verbatim or generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198- 199.) Alternatively, a written contract can be pleaded by attaching a copy of the complaint and incorporating it by reference. (Davies v. Sallie Mae, Inc. (2008) 168 Cal.App.4th 1086, 1091.) Elmashat alleges that Ayoub breached the Settlement Ag...
2024.02.14 Demurrer, Motion to Strike 186
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.14
Excerpt: ...o amend. T he Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Ticor's request that the court take judicial notice of the Substitution of Trustee and Full Reconveyance, document no. 2023 - 024390, recorded 8/18/23, is denied. While the court may certainly take judicial notice of the recorded document [Evid. Code § 452], the material will not aid the court in the resolution of the present demurrer. (See Aquila v. Superior Court (20...
2024.02.14 Motion to Compel Deposition, Production of Docs 227
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.14
Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...
2024.02.14 Demurrer, Motion to Strike Complaint on FAC 189
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.14
Excerpt: ...as sold with a 3-year/36,000-mile basic coverage warranty and a 5 - year/60,000- mile powertrain warranty. Plaintiffs allege that during the warranty period, the Subject Vehicle developed nonconformities, including issues with defective Hydra -Matic 8L90 transmission, which causes the ve hicle to hesitate or jerk or judder when attempting to accelerate (“Transmission Defect”). Plaintiffs delivered the Subject Vehicles to authorized repair fac...
2024.02.14 Motion for Reconsideration 126
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.14
Excerpt: ...esk, asked that the room be inspected and bedding changed. On August 2, 2018, Plaintiff woke up with more bite marks. He alleges that the bites were becoming intensely itchy and painful. He again notified the front desk, and was informed that his bedding would be changed. When Plaintiff returned to the room, he inspected the bed, and under the newly changed sheets and found a bed bug infestation. Plaintiff checked out of the hotel. On August 6, ...
2024.02.14 Motion to Compel Responses, for Monetary Sanctions 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.14
Excerpt: ...out ob jection within 30 days of this order becoming final. Sanctions denied. Plaintiff to provide notice pursuant to CCP 1019.5. Page 8 of 10 Defendant WG Hacienda SH LP (Hacienda) is a Residential Care Facility for the Elderly. (Complaint ¶2.) Plaintiff Marilyn Convey was admitted to the facility in May 2023. She suffered from Advanced Alzheimer's Dementia. (¶21.) The Complaint alleges the following: (1) Elder Abuse; (2) Negligence; and (3) ...
2024.02.14 Motion to Quash Deposition Subpoena for Production of Employment Records 812
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.14
Excerpt: ..., modifying i t, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., §1987.1(a).) Either the ...
2024.02.14 Motion to Stay Proceedings Pending Arbitration 334
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.14
Excerpt: ... property to t he south. Brown and his wife have resided on their property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they inte nded to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/County. The engineer installed new monuments o...
2024.02.14 Motion to Vacate Dismissal 569
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.14
Excerpt: ...ailure to timely file proof of service on complaint pursuant to CRC 3.110(b & f). A motion to set aside a dismissal is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a dismissal under CCP §473(b) must be based on either: declara tions or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in whic...
2024.02.13 Demurrer 522
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.13
Excerpt: ...ave been properly pleaded, o acts which may be inerred rom those expressly pleaded, and o any material acts o which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions o act or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the complaint will also be accepted as ...
2024.02.13 Demurrer 970
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ...ched Plainti¯s to sell the property to Defendant Ankr, LLC such that Plainti¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...
2024.02.13 Demurrer on FAC 717
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.13
Excerpt: ...ion 1st Amended Complaint as to Defendant Gabriel Deniz. Leave granted to Þle 2nd Amended Complaint within 20 days of this order becoming Þnal. Moving party, Zixta, to provide notice pursuant to CCP 1019.5. In May 2023, Plainti¯ Isenia Salcedo (“Plainti¯”) was an employee of Defendants Zixta Enterprises, Inc.; Zixta Enterprises, Inc. Vallerta Supermarkets 11, 15, 18, 21, 25, 54 (“Zixta Defendants”) at the Vallarta Supermarket in Ind...
2024.02.13 Motion for Attorney Fees 894
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ... GM Plainti¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti¯ accepted GM's CCP § 998 O¯er of Compromise under which GM agreed to pay Plainti¯ $177,000 In additio...
2024.02.13 Motion for Protective Order 450
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.13
Excerpt: ...ility – failure to warn; and res ipsa loquitor. In the Complaint, Plainti¯ alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skylines jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purchase and installation of products at the jo...
2024.02.13 Motion for Sanctions 940
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.02.13
Excerpt: ...t leave of court, wrongfully re-Þlled their cross-complaint, which the Court previously dismissed. An attorney or unrepresented party who presents a pleading, motion, or similar paper to the court makes an implied certiÞcation as to its legal and factual merit, and a violation of this implied certiÞcation may result in sanctions. (Code Civ. Proc., § 128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Ci...
2024.02.13 Motion for Sanctions 666
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.13
Excerpt: ...ention to resign or retire” (SAC ¶ 12) The SAC alleges sometime that day, DeSantis struck a “secret deal” with former Mayor Yxstian Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a “settlement agreement” to pay DeSantis “an enhanced settlement package worth over $300,000” (SAC ¶ 13) After the closed session, Early “reported out of closed session defendant DESANTIS' notice of resigna...
2024.02.13 Motion to Compel Compliance with Responses to Requests for Production, Demurrer to FAP 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.13
Excerpt: ...¯ Jags Care alleges that, since 2001, it leased from defendant County of Riverside a fueling station, convenience store and truck stop at the Blythe airport. Just before the parties' lease was scheduled to expire in June 2020, the County told Plainti¯ that it would enter into a long-term lease with Plainti¯ if Plainti¯ spent millions of dollars repairing and improving the premises. Plainti¯ contends that it agreed to this proposal and a ...
2024.02.13 Motion to Compel Further Responses 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.13
Excerpt: ...is order becoming Þnal. Sanctions are denied. Plainti¯ to provide notice pursuant to CCP 1019.5. This is an elder abuse case. In May 2023, Plainti¯ Marilyn Convey (“Plainti¯”), who is over 65 years old and su¯ering from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” or “Defendant”) and Atria Management Co,...
2024.02.13 Motion to Compel Further Responses 863
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.13
Excerpt: ...310(b)(2).) The purpose of the meet and confer requirement is to make the parties reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17.) The factors in determining whether a party made a “reasonable” and “good faith” attempt to resolve the issues informally may include ...
2024.02.13 Motion to Strike Complaint 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti¯ alleges that on April 5, 2021, when Plainti¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...
2024.02.13 Motion for Summary Judgment 130
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.02.13
Excerpt: ...supervision. It moves, alternatively, for summary adjudication of the following issues: (1) Enterprise had no duty to warn because the condition was open and obvious; (2) any failure to warn by Enterprise was not a substantial factor in bringing about Plainti¯'s injuries; and (3) Enterprise's conduct was not a substantial factor in bringing about Plainti¯'s harm and Plainti¯'s own negligence is the sole cause of her injuries. Summary judgme...
2024.02.09 Motion to Vacate Void Judgment 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.09
Excerpt: ...side the judgment Þled in the companion case Þled under CVPS2106001. In both motions, Appellant argues that the cases were improperly decided by a Court commissioner, who, as a subordinate judicial o¯icer, lacked jurisdiction to adjudicate the cases. Appellant's challenge of the December 22, 2022 judgment is also based on a labored contention that this matter should not have been designated a limited civil case when in fact the “real” und...
2024.02.09 Motion to Vacate Void Judgment 001
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.09
Excerpt: ...rity as ordered by the Court in its order granting Respondent City's motion to declare Appellant a vexatious litigant. Appellant argues that the motion was decided by a Court commissioner, who, as a subordinate judicial o¯icer, lacked jurisdiction to adjudicate such a motion. On that basis, Appellant argues that the order granting the motion to declare Appellant a vexatious litigant and the related order mandating Appellant to post security was...
2024.02.09 Motion to Reopen and Extend Discovery Deadlines 008
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.02.09
Excerpt: ...e has an ownership interest in Information Technology, and licenses the trade secret to White Bu¯alo, who in turn, granted Plainti¯ the exclusive license to the trade secret. (Rozo Decl. ¶3.) Plainti¯ argues that a sublicense has standing based on Civil Code §3426.1 which deÞnes misappropriation as: “(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper m...
2024.02.08 Motion to Compel Arbitration 153
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.08
Excerpt: ...to meet and confer to select two trial dates that are agreeable to all parties. The dates selected must be on Fridays no more than six months after the TSC. Facts/Procedural Summary: On May 3, 2022, Plainti¯s leased a 2022 Hyundai Tucson. (Comp. ¶9.) Plainti¯s allege the vehicle was delivered with serious defects and nonconformities to warranty, speciÞcally with respect to the electrical system, suspension, and transmission system. (Comp. �...
2024.02.08 Demurrer on TAC 608
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.02.08
Excerpt: ...esidential Assn., Inc. v. Hulven Internal, Inc. (2017) 14 Cal.App.5th 156, 170 to 180.) Plainti¯s claim that there is nothing to show that the 5/25/18 assignment of the DOT is derivative of the 7/26/04 assignment, but the Third Amended Complaint (TAC) expressly states that the 7/26/04 transfer is part of the transaction. (Complaint, Paras. 39, 44.) Next, Plainti¯s argue that the statute of repose does not apply to this action, because it appl...
2024.02.08 Demurrer to FACC 655
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.02.08
Excerpt: ...First Amended CrossComplaint, ¶ 7.) The contract was allegedly entered into at someplace other than Superior's “appropriate trade premises” – Juan and Maria's home. (Id. at ¶ 18.) Based on the agreement attached to the Þrst amended cross-complaint, it appears that the amount of the agreement was more than $25. Due to this, it appears for pleading purposes, Civil Code § 1689.7 appears applicable. Civil Code § 1689.13 applies where a con...
2024.02.08 Demurrer to SAC 639
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.02.08
Excerpt: ...d acts determined in Lugo I, many of which occurred after the August 12, 2015 e¯ective date of the Bond For example, Plainti¯ contends that the Notice of Ruling from the Lugo 1 Trial states “Perez continually reassured Lugo her funds would be returned Perez conÞrmed he sent a letter, dated September 30, 2015, discussing the return of these funds" (RJN Ex I, Pg 2, Paragraph 7) Additionally, the Notice of Ruling explains, "In February ...
2024.02.08 Motion for Summary Judgment 638
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.08
Excerpt: ...azard. On 1/17/24, Plainti¯ Þled an ex parte application for relief under CCP §437c(h) for a continuance of this scheduled hearing to allow Plainti¯ to conduct additional discovery. Plainti¯ asserted it is waiting on completing the deposition of a PMK and production of records necessary to opposing the motion. On 1/19/24, this court denied the application, noting that “there has been previous continuances of the Motion for Summary Judgm...
2024.02.08 Motion to Quash Business Records, Stay Deposition Subpoena 974
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.02.08
Excerpt: ... Radiology. Plainti¯ argues the subpoenas are overly broad in time and scope as they seek any and all records from February 1, 2011 to the present. Plainti¯ argues she sustained injuries to her head, back, shoulders neck, ankle and leg, and that any subpoenas should be quashed in their entirety. The court is authorized to order that a subpoena be quashed, modiÞed, or that compliance be directed, with or without limitations, on the Þling of ...
2024.02.08 Motion to Compel Arbitration 845
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.02.08
Excerpt: ... all claims, including those asserted by Plainti¯ as an individual and whether any defense to the Arbitration Agreement exist. Page 5 of 5 Enforceability is with the arbitrator. The delegation clause provides: “You agree that an arbitrator will decide any question about whether a claim or dispute must be arbitrated under the arbitration clause.” (Hernandez Dec., Ex. B.) The Agreement also provides that the arbitration will be administered b...
2024.02.08 Motion to Compel Arbitration 986
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.08
Excerpt: ... it Þnds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conßicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel speciÞc performance of a contract. (Freeman v. State Farm Mutual Auto Insuranc...
2024.02.08 Motion to Consolidate 227
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.08
Excerpt: ...co San Diego, and Randall Hoover • CVRI2306261: Plainti¯s Michael Manzanarez and Keith Koko; Defendants Sysco Corporation and Sysco Riverside, Inc The causes of action in CVRI2203227 are: 1 Violation of Labor Code §11025 (all plainti¯s) 2 Wrongful constructive termination in violation of public policy (all plainti¯s) 3 Negligent hiring, supervision, and retention (all plainti¯s) 4 Age discrimination (all plainti¯s) 5 Associati...
2024.02.08 Motion to Set Aside Dismissal 420
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.08
Excerpt: ...acility Act (Bus & Pro Code §§ 21700) and (2) violation o the Unlawul, Unair or Fraudulent Business Acts and Practices (Bus & Pro Code §§ 17200 et seq) On 5/31/2023, the Court dismissed the entire action without prejudice (Order o Dismissal was Þled by the Court on 6/5/2023) Plainti¯s had ailed to appear at two consecutive hearings ater having been given notice On 8/10/2023, Plainti¯s Þled a Motion to Set Aside the dismi...
2024.02.08 Motion to Strike 353
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.08
Excerpt: ...olkswagen ID4 at or near the intersection of SR62 and I-10 while heavily intoxicated, crashed into the back of Grace, who was driving a motorcycle, and then continued forward colliding with a guardrail. (Complaint, ¶¶ 3-14, 22-25.) As a result of the collision, Grace was severely injured. (Complaint, ¶¶ 15, 26-30.) Schumacher was arrested at the scene for driving under the inßuence of alcohol/drugs. (Complaint, ¶ 16.) The Complaint sets for...
2024.02.08 Motion to Strike Complaint 472
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.08
Excerpt: ...orce Growing Systems, Ltd. (“Defendant”). Through the PSA, Plainti¯ agreed to sell non-residential real property located at 50th Avenue and Filmore Avenue, City of Coachella, County of Riverside, State of California (the “Property”) to Defendant. Plainti¯ alleges that Defendant breached the PSA by failing to complete the purchase. On September 13, 2023, Plainti¯ Þled a Complaint alleging causes of action for: (1) Breach of Contract...
2024.02.07 Motion to Compel Responses, for Monetary Sanctions 602
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.07
Excerpt: ... CRYSTAL GALO Tentative Ruling: Motions by Plainti¯ to Compel Responses to Request for Production of Documents, Set One and to Compel Responses to Form Interrogatories Set One were Þled on 12/21/23. Notice was given by electronic mail on 12/21/2023 regarding the motion and hearing date. Any response would need to be Þled and served 9 court days prior to the hearing (CCP 1005). The Court has not received any opposition to these motions. Accord...
2024.02.07 Motion to Compel Compliance with Deposition Subpoena 498
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.07
Excerpt: ...er and Medi-Cal – Department of Health Care Services to Comply with a Deposition Subpoena to Produce Business Records. Factual / Procedural Context: This lawsuit is brought by Jacob Szemett, a minor, by and through his Guardian Ad Litem, Natalie Enriquez (“Plainti¯”). Plainti¯ asserts he attended a high school in Moreno Valley UniÞed School District (“District”). The school allegedly knew that Plainti¯ was to ride the bus home on...
2024.02.07 Motion for Summary Judgment, Adjudication 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.07
Excerpt: ...��) (collectively “Balcor Defendants”) allegedly breached a purchase and sales agreement (“PSA”) by unilaterally canceling it and refusing to sell the Property to Plainti¯. Shortly after the PSA was cancelled, Balcor Defendants relisted the property for sale, and Defendants PaciÞc Homes at Magnolia LLC (“PaciÞc Homes”), Reed Street LLC (“Reed Street”) and Dean Cook (“Cook”) purchased it. Plainti¯ alleges that as a result...

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