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2024.04.10 Motion to Compel Arbitration 021
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.10
Excerpt: ... was inoperabl e. Plaintiff alleges that the air conditioning in the truck did not work, Page 5 of 14 causing him to suffer during extreme temperatures. Plaintiff also alleges that he was denied meal and rest breaks and was forced to urinate in the truck. He claims that he was harassed after complaining to his supervisor about working the unsafe and unlawful working conditions. Plaintiff, who is Latino, alleges that CR&R provided better trucks to...
2024.04.10 Motion for Summary Judgment, Adjudication 801
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.04.10
Excerpt: ...re of Person . DENY Defendant Kevin Carpenter's Motion for Summary Adjudication as to the Second Cause of Action for Violation of Fourth Amendment Rights – Excessive Force and Punitive Damages Claim against Defendant Kevin Carpenter. SUSTAIN Defendants' Evidentiary Ob jections as to Exhibit D and Gibson Decl. ¶¶ 3, 6 and 22; OVERRULE as to Gibson Decl. ¶¶ 7, 8, 12 –18, 19 and 21. SET OSC on April 15, 2024, re: Plaintiff's failure to file...
2024.04.10 Motion for Reconsideration 420
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.10
Excerpt: ... court granted Defendants ' four motions to compel and awarded monetary sanctions in the total amount of $1,005. After Plaintiffs failed to appear at two consecutive hearings, the court dismissed the entire action without prejudice on May 31, 2023. Plaintiffs have made repeated a ttempts to sets aside the dismissal and have brought repeated motions for reconsideration. On February 16, 2024, the court granted Defendants unopposed motion for CCP §...
2024.04.10 Demurrer to SAC 932
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.10
Excerpt: ...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 submitt ed claims to Blue Cross and PDS, it was reimbursed at a significantly lower rate. The operative Second Amended Complaint (“SAC”) asserts the following seven (7) causes o...
2024.04.10 Demurrer on SAC 616
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.10
Excerpt: ...their conte xt. (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 may be inferred from those expressly pleaded, and of any material facts of wh ich judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) However, a demurrer does not admit Page 2 of 5 contentions, deductions or co...
2024.04.10 Demurrer on SAC 487
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.10
Excerpt: ...red a mortgage in both of their names. In November 2008, while still married, Defendant represented that he would be able to refinance the mortgage and obtain a loan with better terms if Plaintiff temporarily transferred her interest in the property to him via an Interspousal Transfer Grant Deed. Defendant represented Plaintiff would continue to own her 50% interest in the property despite the transfer and the property was the marital residence....
2024.04.10 Demurrer on FAC 985
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.10
Excerpt: ...796 n.4.) The elements of NIED are: (1) legal duty to use due care; (2) breach of such duty: (3) damages and injury; (4) cause of the resulting damage or injury. (Huggins v. Longs Drug Store (1993) 6 Cal. 4th 124, 129.) Negligent infliction of emotional distress is divided into two claims, direct victim claims or bystander claims. (Smith v. Pust (1993) 19 Cal.App.4th 263, 273.) “[A] plaintiff may recover damages for emotional distress caused b...
2024.04.10 Motion to Compel Arbitration 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.10
Excerpt: ... Co., Inc. (“AHM”). (Id .) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM and its representative were unable to repair. (Compl. ¶¶ 11, 32.) On December 30, 2022, Plaintiff filed the Complaint in this action against AHM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) Civ. Code § 1793.2(a)(3); (4) breach of the...
2024.04.09 Motion to Compel Deposition of PMK 459
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.09
Excerpt: ... the Subject Vehicle. Plaintiff alleges that during the warranty period, the Subject Vehicle developed several defects and nonconformities to warranty, which Defendant was unable to repair after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle in violation of the Song Beverly Consumer Warranties Act (“Song Beverly Act”). On August 22, 2023, Plaintiff filed a Complaint, alleging (1) B...
2024.04.09 Anti-SLAPP Motion to Strike 878
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.09
Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...
2024.04.09 Demurrer to SAC 303
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.04.09
Excerpt: ... appears that conduct that occurred before Plaintiff filed for bankruptcy can make her a borrower under Civil Code § 2920.5(c). See Morris v. JPMorgan Chase Bank, N.A. (2022) 78 Cal.App.5th 279, 297- 299. First Cause of Action for Violation of Civil Code § 2923.5 (A)( 2). This section requires a mortgage servicer to contact a borrower to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure before...
2024.04.09 Demurrer, Motion to Strike 520
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.09
Excerpt: ... 3 and 5. Plaintiff granted leave to file Third Amended Complaint fixing only prayer for damages section within 5 days of this order becoming final. Page 2 of 14 Defendants to file their answer within 20 days of this order becoming final. Moving party Defendan t Haier US Appliances to provide notice pursuant to CCP 1019.5. Janice Ciletti (“Plaintiff”) initiated this products liability action. Plaintiff alleges that on December 27, 2018, ...
2024.04.09 Motion to Compel Further Responses 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.09
Excerpt: ...brough t an action for negligence and premises liability against the alleged grocery store owner and the supplier of shopping carts. Plaintiff alleges that, on April 5, 2021, when Plaintiff was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant Gongco Foods and placed Plaintiff inside a shopping cart while still in his car seat. (Complaint, ¶ 8.) However, the shopping ...
2024.04.09 Motion to Compel Deposition of PMQ 957
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.09
Excerpt: ...ation against Defendant GM alle ging causes of action for: (1) Violation of CC § 1793.2(d); (2) Violation of CC § 1793.2(b); (3) Violation of CC § 1793.2(a)(3); (4) Breach of Express Written Warranty, CC §§ 1791.2(a), 1794; and (5) Breach of the Implied Warranty of Merchantability, CC §§ 1791.1; 1794. * * * Plaintiff now moves to compel Defendant GM to designate and produce for deposition the Person Most Qualified (“PMQ”) on all categ...
2024.04.09 Motion to Compel Further Responses 099
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.09
Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...
2024.04.09 Motion to Quash Deposition Subpoena 429
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.09
Excerpt: ...ilure to provide rea sonable accommodations in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent retaliation and/or harassment in violation of FEHA; (6) whistleblower retaliation; (7) wrongful termination in violation of public policy; (8) constru ctive discharge; (9) failure to indemnify; and (10) unfair business practices. In the Complaint, Plaintiff alleges that in 2004, she was hired by Defendant as an administra...
2024.04.09 Motion to Set Aside Default FAC 769
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.09
Excerpt: ...mitted to th e Court as Exhibit 1 to the Edelstein declaration of February 29, 2024. On July 20, 2023 Defendant Apollo was named as Doe 1 in the action filed by Desert Concepts Construction, Inc. It was defaulted on September 7, 2023. Default was entered based on the r epresentation that Apollo was properly served. The proof of service that Desert Concepts filed states that the First Amended Complaint was personally served on Apollo Venture's A...
2024.04.09 Petition to Compel Arbitration 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.09
Excerpt: ...obert L. Firt h, HH Care, LLC dba Heaven Heights Senior Care, Heaven Heights Senior Care, and Jacqueline Hawk (together “Defendants”) asserting causes of action for: (1) wage theft in violation of Labor Code §§ 1194 and 1454; (2) failure to pay minimum wage in violation of Labor Code §§ 1194 and 1197; (3) breach of written contract; (4) violation of Labor Code § 1194.2; (5) violation of Labor Code §§ 201 and 203; (6) violation of Bus. ...
2024.04.08 Motion for Preferential Trial Setting 270
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.08
Excerpt: ... counsel at the hearing on this motion. Factual and procedural background: On 5/1/23, pedestrian, Pla Khang (“decedent”), was struck by Defendant Gabriel Guzman, during his employment with Defendant Rancho Ready Mix and died shortly after the collision. On 6/23/23, Plaintiffs, decedents children and step -children, filed their initial Complaint against the Defendants for Wrongful Death and Survival Damages. Plaintiff Pang Yang, seventy -four...
2024.04.08 Demurrer, Motion to Strike 467
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.08
Excerpt: ... of the Second Amended Cross- Complaint is sustained with 20 days leave to amend. Page 6 of 11 Plaintiff/Cross -Defendant Robert Marquez's Demurrer as to the seventh (breach of fiduciary duty) and eighth (unfair business practices) causes of action of the Second Amended Cr oss-Complaint is overruled. Plaintiff/Cross - Defendant's Unopposed Motion to Strike is granted. A general demurrer lies where the pleading does not state facts sufficient to ...
2024.04.08 Demurrer, Motion to Strike 543
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.08
Excerpt: ... the pandemi c, Decedent Raul Galindo (“Decedent”) was a healthy 40 -year - old who presented to Defendant Corona Regional Medical Center (“Medical Center”) with symptoms of COVID -19. Instead of being prescribed a safe, low -risk “standard treatment” for COVID, Decedent wa s sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed about the low -r...
2024.04.08 Motion for Attorney Fees 050
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.08
Excerpt: ...ng Veva' s direct care ne eds (Complaint ¶ 9). Plaintiff alleges that Rod interviewed and hired Plaintiff to care for Veva on 9/23/16 and that Defendant at some unspecified time thereafter promised to provide Plaintiff with free room and board and to pay the Plaintiff a salary in an unspecified amount to care for Veva. (Complaint ¶¶ 10 & 17); Plaintiff alleges Defendant had no intention of fulfilling that promise, and made the promise t...
2024.04.08 Motion for Leave to File FAC 828
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.08
Excerpt: ...eclaration which complies with CRC Rule 3.1324. Plaintiff filed a declaration on 3/11/24. Problematically, as with the prior declarations and as pointed out by Defendants in their 3/20/24 and 3/24/24 oppositions, it still does not comply with CRC Rule 3.1324 as the decl aration does not discuss when the facts were discovered, why its necessary/proper and why the amendment was not made earlier. In addition, the proposed FAC attached to the curren...
2024.04.08 Motion to Compel Further Responses 676
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.08
Excerpt: ... (Cal. Code Civ. Pro. §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials.” (Calcor Space Facility v. Superior Court (1997) 53 Cal. App. 4th 216, 222.) The responding party must respond to each request by either a statement that the party will comply, a representation that the party is...
2024.04.08 Motion for Summary Judgment 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.08
Excerpt: ...n the campaign. Bennett is a busi ness representative and lawyer for International Brotherhood of Electrical Workers, Local 47 (“Local 47”). Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint on 4/20/22. After the court sustained in part Defendant Local 47's demu r r e r, Plaintiff filed the Second Amended Complaint (“SAC”) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online im...
2024.04.08 Motion to Quash Deposition 211
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...edural C ontext: Plaintiff Zachary Sarmiento, a minor by and through his guardian ad litem Stephanie Winters, alleges that while attending Riverside Unified School District's Martin Luther King High School, another student, Dustin Watts, assaulted him. Plaintiff alleges that the District failed to take appropriate safety and security measures. On 1/17/23, Plaintiff filed his complaint for damages. On 4/21/23, Plaintiff added as doe Defendants D...
2024.04.08 Motion to Set Aside Default 506
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...he Rules of Court, and while the Court could simply deny the motions, the Court's preference is to hear these issues on the merits. Therefore, the Court orders Moving Parties to submit a brief that comports with the Rules of Court no later April 15, 2024. Plaintiff may file an opposition no later than April 23, 2024, and the motion shall be heard on May 1, 2024 at 8:30am. The Court will accept no further briefing. The Court notes there is also ...
2024.04.08 Motion to Strike 675
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...us injuries as a resul t of the collision. On September 25, 2023, Plaintiff filed his Complaint, which asserts one cause of action for personal injuries. Defendant now moves to strike the prayer for punitive damages and any references in support of the claim for punitive damage s. Defendant argues that the Complaint contains no facts showing malice and the conclusory allegation are insufficient. Defendant argues that he did not intend to cause t...
2024.04.08 Motion to Strike 807
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...vehicle accident t hat allegedly occurred on April 9, 2022. It is alleged that Defendants Lopez and Hernandez negligently made a lane change and struck Plaintiff's vehicle causing Plaintiff to sustain damages. On December 20, 2023, Defendants/Cross -Complainants (“Cross -Co mplainants,” for purposes of this motion) filed a Cross - Complaint against Cross -Defendant Charleen Caye Anne Perez (“Cross -Defendant”) alleging causes of action f...
2024.04.05 Motion to be Relieved as Counsel, for Assignment Order 497
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.05
Excerpt: ...in 5 court days. Overall Factual/Procedural Context On February 26, 2007, Plaintiffs Martha Clohecy and Darcy L. Clohecy (“Plaintiffs”) filed a Complaint against multiple Defendants, including Marlene Z. Robertson (“Robertson”), alleging (1) Dependent Adult Abuse, (2) Negligence (Custodial Care), (3) Fraud (Misrepresentation and Concealment), and (4) Violation of Patients' Rights (Health & Safety Code § 1430). On March 13, 2009, the Cou...
2024.04.05 Demurrer 150
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.05
Excerpt: ...alleges, among other things, that the City, and other public entities, are liable for wrongful death and the decedents' fatal injuries for a dangerous condition of public property. The Complaint alleges that on the evening of December 28, 2022, the two vehicles collide d at or near the intersection of Fred Waring Drive and Adonis Drive in the City of Palm Desert, California. (Complaint, ¶ 20.) It alleges that while the vehicle transporting the d...
2024.04.05 Demurrer on FAC 482
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.05
Excerpt: ... Amended Compla int, which is entitled “fraudulent inducement -concealment,” alleged as against Ford, and the sixth cause of action for negligent repair alleged as against Fiesta Ford. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, ...
2024.04.05 Motion to Compel Arbitration 278
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.05
Excerpt: ...e was wrongfully terminated for r aising workplace safety complaints and reporting safety issues to government authorities. On 10/4/23, Plaintiff filed his Complaint alleging the following causes of action: (1) Whistleblower Retaliation in Violation of § 1102.5; (2) Whistleblower Retaliat ion in Violation of § 6310; (3) Whistleblower Retaliation in Violation of § 6311; (4) Wrongful Termination in Violation of Public Policy; (5) Failure to Pro...
2024.04.05 Motion to Compel Further Responses 103
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.05
Excerpt: ...nal appearan ce next week, regardless whether either side requests oral argument on the motion, the Court shall order the parties to appear to address the TSC. Factual / Procedural Context: This is a personal injury action arising out of a motor vehicle accident that o ccurred on January 13, 2022. Jonathon Lee Byrd (“Plaintiff”) alleges that he was a passenger in a vehicle driven by defendant Mark Hansen (“Defendant”). While driving eastb...
2024.04.05 Motion to Compel Further Responses 552
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.05
Excerpt: ... of the Song Page 2 of 6 Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiffs allege that on February 25, 2018, they purchased a 2018 Honda Accord (the “vehicle”), and entered into a bumper to bumper warranty agreement on the vehicle with Defendant. (Complaint at ¶¶ 7, 15.) Defects and nonconformities manifested that impaired the use, value, and safety of the vehicle. (Complaint at ¶ 16.) Plaintiffs fir...
2024.04.05 Motion to Enforce Judgment, for Attorney Fees 784
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.05
Excerpt: ...owing: (1) The org anization of the limited liability company, its internal affairs, and the authority of its members and managers.” This recognizes the internal affairs doctrine, which was originally created in response to corporations. As explained by one court, ‘The int ernal affairs doctrine is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation's internal affairs —m...
2024.04.05 Motion to Set Aside Default Judgment 871
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.05
Excerpt: ...�led its Com plaint on 7/13/22 alleging a single cause of action for subrogation. *** Defendant, Rachelle Stanisci, brings this motion to set aside the default entered against her on 6/16/23, and to vacate the default judgment entered on 12/6/23 so, she can file an ans w e r, a n d defend the action. Defendant asserts that proper service was not made on her as the service address was wrong so, the default judgment is void. (CCP § 473(d).) The m...
2024.04.05 Motion to Tax Costs 871
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.04.05
Excerpt: ...case, the Wac hters argue that Defendants should not recover their post -offer expert fees because Defendants' 998 Offer was made jointly to the Wachters, and failed to specify the sum offered to each Plaintiff individually. (Motion, 2:5 -9; 4:20 -22; 5:10- 12.) The Wachter s also argue that, even if the section 998 Offer is deemed valid, a significant portion of the fees should still be stricken or taxed as nonrecoverable, because they were inc...
2024.04.04 Motion to Quash Deposition Subpoena 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.04
Excerpt: ...ning of September 15, 2018. Tyler was taken to the hospital where he died the next day. Plaintiffs Myesha Kimble and William Hilliard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured variou s forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its emplo...
2024.04.04 Motion for Protective Order 182
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.04
Excerpt: ...igin/religious hara ssment; (2) discrimination based on religion/national origin; (3) retaliation in violation of Gov. Code § 12940; and (4) retaliation in violation of Labor Code § 1102.5, arising out of his employment with the Riverside County Sheriff's Office. Page 3 of 5 On December 19, 2023, Defendants served their first sets of discovery on Plaintiff, including general form interrogatories (“FROGs”), employment law form interrogatori...
2024.04.04 Motion for Judgment on the Pleadings 397
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.04
Excerpt: ... complaint fo r: (1) breach of contract; (2) open book account; (3) account stated; (4) restitution; and (5) goods and services rendered. Defendants move for judgment on the pleadings contending that the contract attached to the complaint says that there is an additiona l form, yet no form is attached. Therefore, there is no complete copy of the contract. In opposition, Plaintiff contends that there is no issue with the terms of the contract alle...
2024.04.04 Demurrer to FAC 027
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.04
Excerpt: ...ee of the T rust. Therefore, Defendant, as successor trustee is not liable for Vander Molen's misconduct. On the Court's own motion, the Case Management Conference currently set for 5/7/24 is continued to 7/24/24 at 8:30 a.m., Department 5. Factual and procedural ba ckground: Plaintiff Michelle Stindtman as Personal Representative of the Estate of John Luther Martin (“Plaintiff”) alleges that John Luther Martin (“Martin”) was the sole sha...
2024.04.03 Motion for Leave to Amend Complaint 146
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.03
Excerpt: ...legations we re discovered; and (4) The reasons why the request for amendment was not made earlier. Here, the supporting Picozzi Decl. states the effect of the amendment (without using those words) in ¶1. Mr. Picozzi declares that the amendment is necessary and prop er to allow Plaintiff to present all remedies available for damages alleged in the original complaint arising from Defendant's wrongful acts related to the subject matter of this act...
2024.04.03 Demurrer to FAC 382
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.03
Excerpt: ...�led the underlying action against his real estate agent, Rodriguez and Vanguard Real Estate, and his broker, Herrera who now operates business under Good Life Realtor, for the agent's conduct of secretly refraining from letting the sellers know that another offer was made in addition to the offer made by Bernal. Bernal alleges the agent's conduct was motivated by financial gain as he stood to make more money if sellers accepted Bernal's offer a...
2024.04.03 Demurrer, Motion to Strike 209
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.03
Excerpt: ...emurrer to the 3rd cause of action for fraud is sustained as to CrossDefendant Sarnowski, only, with leave to amend within 20 days. As to the remainder of the demurrer to the fraud cause of action, it is overruled. Responsive Pleadings must be filed 30 days from this or der. Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include variou...
2024.04.03 Demurrer 982
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.03
Excerpt: ...�fth cause of action for fraudulent inducement – concealment, and a sixth cause of action against Defendant Gosch Ford (“Gosch”) for negligent repair. The Complaint alleges that on 1/17/23, Plaintiff purchased a 2023 Ford F- 150 (“Subject Vehicle” or the “Vehicle”). (Compl. ¶ 9.) It further alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but no...
2024.04.03 Motion for Summary Judgment 972
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.04.03
Excerpt: ...tiffs' cause of action cannot be established. Once the burden shifted to Plaintiffs to produce admissible evidence showing a triable issue of material fact exists, they have met their burden by producing evidence to raise a triable issue of fact, to wit; with respec t to the failure to repair element, Plaintiff has presented evidence raising a triable issue as to whether the vehicle had a nonconformity involving the vibration of the vehicle and t...
2024.04.03 Motion to Compel Arbitration 618
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.03
Excerpt: ...ator from January 27, 2019 to the present, and was subjected to numerous Labor Code violations. On May 18, 2023, Plaintiff filed this action for individual wage and hour claims and asserted a Private Attorney General Act (“PAGA”) claim. On February 8, 2024, Plaintiff file d his operative First Amended Complaint (“FAC”) alleging class allegations and asserting the following causes of action: 1) Failure to Pay Wages; 2) Failure to Provide...
2024.04.03 Motion to Compel Further Responses 913
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.04.03
Excerpt: ...ble within 30 d ays. Where a response to a request for documents has been made, which is unsatisfactory, the demanding party may move to compel further responses on 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.” (C.C.P. §2031.310(a).) The moving part...
2024.04.03 Motion to Compel Responses 799
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.03
Excerpt: ...or various acts of fi nancial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from an incident wh...
2024.04.03 Motion to Compel Responses, for Monetary Sanctions 850
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.03
Excerpt: ...vehicle, w hich was manufactured and/or distributed by Defendant. (Compl. ¶ 6.) The subject vehicle came with various warranties, including but not limited to the bumper -to - bumper warranty, powertrain warranty, emission warranty, etc. (Id.) During the warranty perio d, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to engine defects, transmission defects, electrical defect...
2024.04.02 Motion to Compel Responses 799
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.02
Excerpt: ...ames Hodges for vario us acts of financial elder abuse. The alleged financial elder abuse purportedly resulted in the loss to Plaintiff of several hundred thousand dollars, immediately following the tragic and unexpected passing of Plaintiff's wife, who was his bedrock and who handled the family finances, including a substantial seven figure settlement obtained from Plaintiff's former employer for catastrophic personal injuries arising from a...
2024.04.02 Motion to Compel Further Responses 668
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.02
Excerpt: ...nths (3 years) o r 36,000 miles; Drivetrain/Powertrain Warranty for the earlier of 72 months (6 years) or 60,000 miles; and Emissions Warranty for the earlier of 7 years or 70,000 miles. (Id. at ¶ 7.) During the applicable express warranty period, the subject vehicle dev eloped defects and nonconformities to warranty. (Id. at ¶ 16.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conf...
2024.04.02 Motion for Relief from Dismissal 501
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.02
Excerpt: ...ant City o f Riverside (the “City” or “Defendant”), alleging (1) premises liability (common law negligence) and (2) general negligence (against a public entity under Gov. Code § 835). On 9/13/2023, Plaintiff's counsel received a meet and confer letter from the Cit y, requesting clarification on Plaintiff's first cause of action based on common law and emphasizing that government tort liability is dependent on statute. (Id. at ¶ 6.) Wi...
2024.04.02 Motion for Protective Order 264
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.02
Excerpt: ...th defendant J.B. Hun t Transport, Inc. (“Defendant”). On August 4, 2022, Plaintiff filed the Complaint alleging negligence, negligent entrustment and negligent hiring/supervision/retention. On February 14, 2023, Defendant served its first set of written discovery requests on Plaintiff, including form interrogatories, 29 special interrogatories, and 34 requests for production of documents, to which Plaintiff timely responded. Plaintiff cont...
2024.04.02 Motion for Leave to Amend FAC 988
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.04.02
Excerpt: ...ries, inst ead of Eastern Municipal Water District Facilities Corporation who was erroneously sued. Plaintiff alleges, on June 06, 2022, he was injured when he drove his vehicle over an exposed utility hole which was a dangerous condition on the roadway. On or about August 22, 2022, Plaintiff filed a government claim against Eastern Municipal Water District for his injuries. (Declaration of Ramin T. Montakab [“Montakab Decl.”], Ex. 1 [Claim ...
2024.04.02 Demurrer 581
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.02
Excerpt: ...rking on the roof o f a commercial building located at 3777 Mission Avenue, Riverside, California (the “Property”). The roof of the Property was covered with waterproof paper and there were no signs or anything else indicating it was a hazard zone. (Complaint at ¶¶ GN -1, Prem .L.1.) Defendants negligently owned, maintained, and operated the Property, and willfully and/or maliciously failed to warn of the dangerous condition. (Complaint at ...
2024.03.29 Demurrer on FAC 482
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.29
Excerpt: ...nding the NOD . (Def.'s RJN 4.) Plaintiffs cannot establish “an illegal, fraudulent or willfully oppressive sale,” since the foreclosure sale never took place. Plaintiffs nonetheless argue that their wrongful foreclosure cause of action is valid because it is based on F MC's alleged failure to comply with the HBOR provisions identified in the FAC (i.e., Civ. Code §§ 2923.4, 2923.5, 2923.7, 3273.01 et seq.). (See FAC ¶¶ 45– 60.) However...
2024.03.29 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.29
Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...
2024.03.29 Motion to Compel Arbitration 613
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.29
Excerpt: ...intiff alleges that ser ious defects and nonconformities to warranty manifested within the applicable warranty period, which NNA's authorized facility was unable to repair. (Complaint, ¶¶ 15, 16, 54.) The Complaint sets forth four causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code § 17200; and (4) Negligent Re...
2024.03.29 Motion to Quash Service of Summons on Complaint 858
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.29
Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...
2024.03.29 Motion to Strike Amended Complaint and Quash Summons 673
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.29
Excerpt: ... six gen eral population inmates. Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22, and the ope...
2024.03.28 Motion to Compel Responses, to Strike, for Monetary Sanctions, to Compel Arbitration 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.28
Excerpt: ...CP 1019 .5. This is an employment dispute. On October 1, 2023, Plaintiff, Guadalupe Garcia (“Plaintiff”) filed a Complaint against her employers, Defendants, Canyon Villas Place, LLC (“Canyon Villas”) and The River Apartments, LLC (“River Apartments”) (together “ Defendants”), asserting 20 causes of action for FEHA and Labor Code violations. Plaintiff's claims generally arise out of Defendants' alleged improper treatment and term...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.28
Excerpt: ...ited to th e bumper-to -bumper warranty, powertrain warranty, emission warranty, etc. (Id. at ¶ 7, Ex. A.) During the applicable express warranty period, the subject vehicle developed defects and nonconformities to warranty, including but not limited to transmission defects, suspension defects, among others. (Id. at ¶ 11.) Plaintiff delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conform the veh...
2024.03.28 Motion to Compel Arbitration and Stay Proceeding 701
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.28
Excerpt: ...t Agreement” (the “ Employment Agreement) (collectively the agreements are referred to herein as the “Agreements”). (Declaration of Stephen D. Weisskopf (“Weisskopf Decl.”) ¶ 5, Ex. C.) The Agreements govern the employment relationship between Plaintiff and theITSupportCent er and both contained a broad arbitration clause. (Weisskopf Decl., ¶4, Ex. B (Section 21) and ¶5, Ex C (Section 15).) Both of the agreements were signed by Pla...
2024.03.28 Motion for Summary Judgment, Adjudication 505
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.28
Excerpt: ... and its in dividual physicians for engaging in an alleged “scheme that involved the filing of false and defamatory internal complaints” against Plaintiff and “summarily suspending Plaintiff's admitting privileges under false pretenses.” Plaintiff alleges such acts w ere intended to destroy his professional reputation and to unfairly compete with him to take away his patients, causing him to suffer emotional distress and economic harm. P...
2024.03.28 Motion for Order of Prejudgment Possession 952
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.28
Excerpt: ...rd Donahue, MAI, FRICS setting forth the basis of the appraisal calculation and setting the appraisal at $40,400. Construction of the Project is scheduled to commence on or about April 8, 2024. Any delay in possession will derail the sequence of construction and rel ocation of public improvements that must be completed to benefit residents and businesses in the City. (Moreno Reply Decl., ¶¶ 4 & 5.) The construction involves the relocation of s...
2024.03.28 Motion for Attorney Fees 121
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.28
Excerpt: ...are entitled t o reasonably incurred costs, including attorney's fees. Counsel provided detailed billing records showing a lodestar total of $104,626.50 based on 256.9 hours. (Kirnos Decl., Ex. A.) Defendant argues that hours are excessive due to overstaffing by 17 atto rneys. “[I]t is appropriate for a trial court to reduce a fee award based on its reasonable determination that a routine, noncomplex case was overstaffed to a degree that signi�...
2024.03.28 Demurrer, Motion to Strike 984
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.28
Excerpt: ...warranty data compiled from GM's network of dealers; testing conducted by GM in response to these complaints; as well as warranty repair and part replacements data received by GM from its network of dealers (¶¶ 64 –66, 68– 71, 73); that, despite such knowledge, Defendant continued to conceal and failed to disclose the Transmission Defect to its consumers (¶¶ 68, 71 –72, 75– 76); and that had Plaintiffs known that the subject vehicle w...
2024.03.27 Demurrer 945
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.27
Excerpt: ...alleging sigh t (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warran ty of Habitability Pertaining to Interior Maintenance (Civ. Code, § 1941.1); 5) Breach of Warranty of Habitability pertaining to Exterior Maintenance (Civ. Code, § 1941.1); 6...
2024.03.27 Demurrer to FAC 893
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.27
Excerpt: ...a separate work phone, and he was never reimbursed. He alleges he was transferred from the juvenile and South County jail to the downtown jail facility as a Senior Institutional Nurse. Shortly after his transfer, on or around 11/4/22 Plaintiff discovered rampant ti mecard fraud. Plaintiff reported the fraud to Human Resources and they failed to take him seriously. Eventually, HR approved Plaintiff's request to conduct an investigation, which he p...
2024.03.27 Demurrer, Motion to Strike 785
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.27
Excerpt: ...n that th e pleadings are not at -issue, the Court shall continue the Case Management Conference hearing to June 25, 2024 at 8:30am. Factual / Procedural Context On October 26, 2023, Plaintiff, Sergio Gonzalez Ramirez (“Plaintiff”) filed a Complaint against Defendant , General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song -Beverly Consumer Warranty Act (“Song Beverly Act”); (2) bre...
2024.03.27 Motion for Leave to Amend Complaint 638
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.27
Excerpt: ...di (“Michael”) (Be cause multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect is intended.” (Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal. App. 4th 280, 283.)) and Pasquale Justin Baldi (“Pasquale”) for: (1) conversion; (2) money had and received; (3) violation of Penal Code § 496; (4) breach of fiduciary duty; (5) breach of the duty of loyalty; (6) fraud; and ...
2024.03.27 Motion for Summary Judgment, Adjudication 019
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.27
Excerpt: ... Inc. (“Defendant” or “Tilly's”) sale of a 2017 Axis A22 boat with a motor and a trailer (the “Subject Boat”) to ANTHONY MAI (“Mai”). Plaintiff, Bank of the West (“Plaintiff” or “BMO”), alleges that on 6/22/16, Defendant Tilly's submitted its application to do business with the Plaintiff BMO under a written Master NonRecourse Dealer Installment Sale Contract Agreement- Marine (“Dealer Contract”), which was approved/acc...
2024.03.27 Motion to Compel Deposition of PMK 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.27
Excerpt: ...vehicle d eveloped various defects, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶ 11.) The nonconformities Plaintiff complains of include transmission defects, suspension defects. (Ibid.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to either promptly replace the vehicle or make r...
2024.03.27 Motion to Strike 873
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.27
Excerpt: ...nd (3) vicarious liability un der Gov. Code § 815 et seq (On 2/24/2024, Plaintiffs filed a Request for Dismissal of Defendant State of California from this action without prejudice, which was granted by the Clerk that same day.) On April 28, 2022, Sullivan, while in the course and sc ope of her employment with the District, was operating a motor vehicle owned by the District. (Compl. 6.) Plaintiffs allege that Sullivan negligently operated the ...
2024.03.27 Motion to Abate Due to Non-Joinder, Misjoinder of Parties 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.27
Excerpt: ... are prope rly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs l ack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counse...
2024.03.26 Motion to Compel Further Responses 624
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...ays of ser vice of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Fe lix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (“Lourdes”) and Marco Antonio Tejada (“Marco”) (...
2024.03.26 Motion for Summary Judgment 342
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.26
Excerpt: ...10.) On November 13, 2018 , Plaintiff was criminally charged with vehicular manslaughter, Case No. INM1807905 (“criminal case”). (Id., ¶ 11.) Thereafter, Plaintiff retained Defendants to defend him in the criminal case. (Id., ¶¶ 12, 13.) Plaintiff alleges that Defendants mishandl ed and mismanaged the underlying criminal case, resulting in a criminal restitution order in excess of $400,000, notwithstanding his payment of $1.5 million to se...
2024.03.26 Motion for Sanctions 333
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.26
Excerpt: ... and 128.7, seeking t he complaint be stricken and monetary sanctions in the amount of $4,922.00 be awarded, for Plaintiff improperly bringing a complaint that lacks evidentiary support and asserting frivolous legal contentions. It asserts that Plaintiff tripped and fell over a gas hose that she placed into her vehicle herself. Costco contends that Plaintiff created the situation and had full knowledge that the hose was there and made the decisio...
2024.03.26 Motion for Relief from Inadvertent Waiver 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...d on Jan uary 17, 2023. Plaintiff's initial pleading consisted of a petition for writ of mandate and complaint for contract claims. At a June 22, 2023 status hearing, the Court set hearing on the writ of mandate for January 11, 2024. (Minute Order dated June 22, 2023; Declaration of Ryan T. Waggoner iso Motion [“Waggoner Decl.”], ¶ 4.) Plaintiff subsequently moved for leave to amend the Complaint, proposing to remove the first cause of acti...
2024.03.26 Motion for In-Camera Hearing 647
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.26
Excerpt: ...ts Complaint. Plaintiff assert s four causes of action for: (1) Open Book Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on Feb ruary 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, enter...
2024.03.26 Motion for Attorney Fees 074
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.26
Excerpt: ...ff's first (breach of written contract) and second (money had and received) causes of action are based on the terms of the Lease entered between the parties. (FAC ¶¶ 14 –16, 19.) With respect to the first cause of action, the FAC alleged that “Defendants and each of them br eached the Lease on or about August 2, 2022 . . . by failing and refusing to compensate and reimburse Plaintiff for the damage Plaintiff has incurred as a result of th...
2024.03.26 Demurrer on SAC 655
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.26
Excerpt: ...nce per se. On May 2 2, 2023, Plaintiffs Johnna Burnett and James David Burnett (“Burnett Plaintiffs”) filed their initial Complaint against Defendant, alleging negligence and negligence per se. On October 3, 2023, Koziel Plaintiffs filed their First Amended Complaint (“FAC”) alleging the same two causes of action. That same day, Burnett Plaintiffs also filed their FAC alleging the same two causes of action. On November 6, 2023, Defend...
2024.03.26 Anti-SLAPP Motion to Strike, Demurrer, Motion to Strike 235
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...d at 33057 Ran cho Vista Drive, Cathedral City (“Property 1”) and 33- 081 Rancho Vista Drive, Cathedral City (“Property 2”). On December 7, 2021, Plaintiff DSA Management, LLC (“Plaintiff”) entered into a Building Construction Contract (“Contract”) with Defendants WEW Con struction, Inc. and William E. Wright (collectively “WEW”) for the construction of a house on Property 2. Per the terms of the Contract, work was to commence...
2024.03.25 Motion to Compel Deposition of PMQ 073
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.25
Excerpt: ...complaint for pre mises liability and general negligence against Defendant Cardenas Markets, Inc. for a slip and fall on 11/4/21 at Defendant's Moreno Valley store. On 10/2/23, Plaintiff filed a doe amendment naming Cardenas Markets, LLC as Doe 1. Plaintiff moves to comp el the depositions of the PMQs for both Defendants, contending that Defendants have failed to provide alternative dates and Defendants have refused to appear. Plaintiff requests...
2024.03.25 Demurrer, Motion to Strike 397
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.25
Excerpt: ...ims XP breached the Contract by entering into an agreement with Safeco to with regard the value of the property without his consent in violation of Section 18(J) of the NAIC Model Laws, Regulations, Guidelines and Other Resources (October 2015), which provides that an adjuster may not agree to any loss settlement without the insured's knowledge or consent. (FAC, ¶31.) However, Plaintiff does not point to any contractual terms relating to Claims ...
2024.03.25 Motion for Attorney Fees 132
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.25
Excerpt: ...rovision authorizing recovery of fees incurred in connection with the enforcement of a prior judgment (Code Civ. Proc., § 685.040). It appears the merger rule does apply, and therefore, HOA cannot establish a basis for recovery of fees under the contractual fee provision of the Performance Deed of Trust as the entry of the judgment in the prior action is said to have absolved the defendant of further contractual obligations as the judgment repla...
2024.03.25 Motions for Summary Judgment 830
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.25
Excerpt: ... (C.C.P. § 437c(q).) Plaintiffs object to Vance and Downey's own deposition testimony. These are not welltaken and are overruled. Plaintiffs objections to portions of the traffic collision report regarding the officer's conclusion that Vance caused the collision by fa iling to stop at the stop sign at Via Zapeda and Canyon Crest Drive are sustained as hearsay. (People v. Sanchez (2016) 63 Cal.4th 665. 694695.) The objections to the declarations ...
2024.03.25 Motion to Compel Deposition of PMQ 166
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.25
Excerpt: ...warranted by Defendant General Motors, LLC. Plaintiff filed the Complaint on March 8, 2023, alleging breach of express and implied warranty. On January 24, 2024, Plaintiff served a notice of deposition of Defendant's person(s) most qualified (“PMQ”) on four (4) categories of examination with six (6) requests for production of documents. Defendant served written objections and failed to produce a PMQ for deposition. Plaintiff now moves to co...
2024.03.25 Motion to Quash or Limit Deposition Subpoena, for Protective Order 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.25
Excerpt: ...ly. Grant t he motion to quash in its entirety to the subpoena propounded on UBS. Deny both parties requests for sanctions. Portero Commercial, LLC (“Portero”) owns undeveloped property in Riverside County. It began improving the property in 2005. It planned on c onstructing residential, commercial, and industrial spaces on the property. In 2018, Portero entered into a loan agreement with Southland Equities, LLC (“SEQ”). The loan was to m...
2024.03.25 Special Motion to Strike 760
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.25
Excerpt: ...xpenditures, does not make every proposed action by the administrative board a petitioning activity before a governmental entity. Here administrative board meetings of a non -profit organization, even one whose fiscal sponsor and oversight falls to a City, cannot be de emed part of any “legislative,” “judicial,” or “official” proceeding, or indeed any proceeding “authorized by law” and reviewable by writ of mandate. (See Slaught...
2024.03.22 Motion to Vacate Dismissal 678
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.22
Excerpt: ..., P aul Smith and Jasmine P. Smith (“Plaintiffs”) filed a Complaint against Defendants, The Inn at Deep Canyon (“The Inn”) and Arnold Kirschenbaum (together “Defendants”) for (1) battery; (2) negligence; (3) intentional infliction of emotional distress (“IIED” ); (4) fraudulent concealment; (5) private nuisance; and (6) public nuisance. Plaintiffs allege that they stayed at The Inn, located at 74470 Abronia Trail, Palm Desert, C...
2024.03.22 Motion to Tax Costs 397
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.22
Excerpt: ...nt on 10/26/23. On 12/1/23, Defendant filed a memorandum of costs for $11,002.21. Plaintiffs move to tax costs as to filing fees ($1,092.45), deposition ($120), witness fees ($394.40), court reporter charges ($848.06), and other charges ($4,404.60), contending that t hey are unreasonable and unnecessary. They contend that the receipts are not itemized or are vaguely labeled. Defendants oppose the motion contending the costs for filing, exhibit...
2024.03.22 Motion to Consolidate 684
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.22
Excerpt: ...ural C ontext On August 19, 2021, Petitioner Jason Threedouble (“Petitioner”) was insured by Respondent Progressive West Insurance Company (“Progressive”) and was involved in an automobile accident where the at -fault driver only carried minimum statutory state li mits of $15,000 (“First Accident”). On April 25, 2022, Petitioner was insured by Respondent Infinity Select Insurance Company (“Infinity”) and was also involved in an ...
2024.03.22 Motion to Compel Further Responses, for Sanctions 478
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.22
Excerpt: ..., set one, nos . 1-70. He contends Defendant provided boilerplate objections, and refused to produce any documents related to repurchase policies, or knowledge of the defect. He argues the claim are relevant to Song -Beverly penalties and fraud claim. He requests sanctions of $3,220.00. Defendant opposes the motion on the grounds that this is a basic lemon law case and is not entitled to information other than Plaintiff's vehicle. It argues Plain...
2024.03.22 Motion for Summary Judgment on FAC 302
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.22
Excerpt: ... bins at 9:30 p.m. on 3/7/21 where he opened the trash bin gate, 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 Defenda nts, 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 premise...
2024.03.22 Demurrer to FAC 172
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.22
Excerpt: .... Binuya suffered a massive blood loss and had to be transported to the hospital. There must be more than the failure to provide proper medical services to describe a caretaking or custodial relationship. “[C]laims under the Elder Abuse Act are not brought against health care providers in their capacity as providers but, rather, against custodians and caregivers that abuse elders and that may or may not, incidentally, also be health care provid...
2024.03.21 Petition for Relief from Claim Presentation Requirements 331
Location: Riverside
Judge: Knight, Joshua A
Hearing Date: 2024.03.21
Excerpt: ...14/23, and filed a late claim on 7/24/23. They inadvertently missed the deadline as counsel mistakenly filed the claim with the City of Riverside rather than the City of Beaumont. Respondents oppose. The court continued this hearing for further briefing on 1/25/24 after review of Petitioner's initial petition and reply; and Respondent's opposition and objections to the declarations filed in reply. In supplemental opposition, Respondents conte...
2024.03.21 Motion to Vacate Judgment 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.21
Excerpt: ... Legend ary Group International for damages of $504,000 and the order of default judgment on June 9, 2023 against R&D Foundation, LLC for $800,000 is vacated. The May 26, 2023 order granting Plaintiffs' motion for an order deeming facts admitted and the formal or der entered into the record on June 2, 2023 is vacated. The January 24, 2024 order granting Plaintiffs' motion for summary adjudication, and the formal order entered into the record on J...

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