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2018.4.27 Motion to Disqualify Counsel 174
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.27
Excerpt: ...rounds that her counsel formerly represented him in his individual capacity and as attorney‐in‐fact for his grandfather as Trustee of the Franklin Trust and is now representing Plaintiff in this substantially related case. “Before an attorney may be disqualified from representing a party in litigation because his representation of that party is adverse to the interest of a current or former client, it must first be established that the part...
2018.4.27 Motion to Approve Settlement 523
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.27
Excerpt: ...correct, how does that affect the estimated value of the claims to be released by the plaintiff? 2. The order continuing this hearing to April 27 stated: “The declaration of counsel states that the defendant produced pay records for other relief sales representatives. How many did the defendant produce? What percentage is that of the total number of such representatives? Do any of those records indicate that there are any other such representat...
2018.4.27 Motion to Strike 345
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.27
Excerpt: ... to the 2nd cause of action as to these moving defendants. The 4th cause of action is Page 2 of 12 Defendants Cox, Castle & Nicholson LLP, Paul J. Titcher and Adam Englander moved the court to strike all allegations against them as follows: 2 nd Cause of Action: Aiding and Abetting Breach of Fiduciary Duties. 4 th Cause of Action: Aiding and Abetting Constructive Fraud (Fraud by a Fiduciary) 5 th Cause of Action: Intentional Misrepresentations 6 ...
2018.4.27 Motion for Summary Judgment, Adjudication 560
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.27
Excerpt: ...ummary adjudication. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) Page 10 of 12 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 t...
2018.4.26 Demurrer 572
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.26
Excerpt: ...to this court that would tend to indicate he can plead around the failed allegations of statutory liability or that governmental immunity does not apply here. 1 st Cause of Action for General Negligence and 2nd Cause of Action for Violation of Statute The Complaint alleges that the Riverside County Coroners' Office has a mandatory duty under Govt. Code §27491 “to fully inquire into the circumstances, manner, and cause of all violent, sudden, o...
2018.4.26 Motion to Compel Arbitration or JUD Reference 058
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.26
Excerpt: ...he action as to that defendant. That same ruling applies in Randall v. William Lyon Homes, Inc. RIC1709214 and Escott v. William Lyon Homes, Inc. RIC1515142. Analysis: The plaintiff represents that a global settlement has been reached in this case and in four other related cases. The defendant agrees. However, the defendant asks the Court to proceed with a ruling on the motion to compel arbitration because the parties had previously stipulated th...
2018.4.26 Motion to Enter Case Management 340
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.26
Excerpt: ...plain: a. Why Mr. & Mrs. Oliver are named as plaintiffs in both cases. They were amended into the Wilder complaint on 1‐5‐18 but then filed their own action 19 days later on 1‐24‐18. Page 3 of 4 b. Why the consolidated complaint has not been served on the defendant. c. The plaintiffs' reference to “likely up to thirty or more subcontractors” (mtn., p. 2, l. 7), given that the developer has answered without filing any cross‐complaint...
2018.4.26 Demurrer 123
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.26
Excerpt: ...s demurrer was originally filed 7/19/17. At the 1/31/18 hearing the court continued the hearing to 4/26/18 to be heard after the motion Re: Guardian ad Litem issue. On 3/22/18 the Court heard the motion for removal of Guardian ad Litem and Dismissal of Complaint by Lydia Brown. The Court vacated the order appointing the Guardian ad Litem and encouraged the parties to attempt to resolve the issue concerning a guardian Page 3 of 3 and/or dismissal ...
2018.4.26 Motion to Strike or Tax Costs 534
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.4.26
Excerpt: ...007) 154 Cal.App.4th 498, 507‐508. It is irrelevant that more than one person could be the successor in interest and defendants offer no authority to the contrary. The court does not deal here with Defendants' Motion to Strike or Tax set next month. ...
2018.4.26 Motion to Stay All Civil Proceedings 224
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.26
Excerpt: ...tice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no provision in the Code of Civil Procedure or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent intro...
2018.4.26 Demurrer 482
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.26
Excerpt: ...compliance with CRC 3.1306(c). Even if judicial notice were taken that a contract existed, the court cannot make factual or legal determinations based upon the contents of those documents. Further, the truth of statements made therein and their proper interpretation are not subject to judicial notice if the matters are reasonably disputable: Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a...
2018.4.26 Demurrer 316
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.26
Excerpt: ...efore filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the subject pleading, for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. As part of that meet and confer process, both parties are required to provide legal support for their positions, or amend/answer (§430.41(a)(1)). The cross‐defendants who filed...
2018.4.25 Motion to Quash Subpoena 177
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.25
Excerpt: ...e the judgment. As to the remainder of the motion, regarding bank records of defendants from 2014 to the present, plaintiff has not met its burden to demonstrate that the subpoena is directly relevant to the causes of action and the subpoena is overbroad. Additionally, plaintiff has failed to demonstrate that the information is not available using less intrusive methods of discovery. ...
2018.4.25 Motion to Enforce Settlement 112
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.25
Excerpt: ...the opposition, the Property was listed on October 4, 2017. With the exception of a short period in February 2018 during which the Property was delisted, it was relisted with a higher price. There is currently nothing for the court to enforce. Further, there is nothing in the current record to indicate that Plaintiff has acted in bad faith or that the price currently listed for the Property is unreasonable. ...
2018.4.25 Motion to Consolidate 385
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.25
Excerpt: ...Ruiz DeLeon v. Estate of Vides (BC660530); and other cases as yet not received from Los Angeles County Superior Court. Into that same master file, the State seeks to consolidate three additional cases:  Hernandez v. Guilford (RIC1714082);  Car v. Guilford (RIC1714086); and  Alvarez v. USA Holiday (PSC1801449). Page 3 of 3 The State has failed to comply with the rules governing motions for consolidation in at least two respects. First, th...
2018.4.25 Motion to Compel Further Responses, Request for Production of Docs 907
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.25
Excerpt: ... separate statement until long after the time limit had expired. Filing and serving a notice of the motion only within the 45‐ day time limit is insufficient to meet the requirements for filing a motion. (See Rules of Court, rule 3.1112 and rule 3.1345; CCP, §§ 2030.300(a) and 2031.310(a) [both providing that a party dissatisfied with responses may “move for an order” compelling further responses].) A motion is not sufficient unless the s...
2018.4.25 Motion to Compel Further Responses 907
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.25
Excerpt: ...atement until long after the time limit had expired. Filing and serving a notice of the motion only within the 45‐ day time limit is insufficient to meet the requirements for filing a motion. (See Rules of Court, rule 3.1112 and rule 3.1345; CCP, §§ 2030.300(a) and 2031.310(a) [both providing that a party dissatisfied with responses may “move for an order” compelling further responses].) A motion is not sufficient unless the supporting me...
2018.4.25 Motion to Compel Further Responses 857
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.4.25
Excerpt: ... the interrogatory, and failed to substantiate its objections. RFP Nos. 3‐6, 10, 36. GRANTED. Defendant failed to provide a privilege log and failed to produce sufficient evidence that the dominant purpose of the incident report was for attorney review. Defense Counsel's declaration lacks foundation. Request for Sanctions: DENIED based on the court's mixed ruling. ...
2018.4.3 Motion to Execute VA Authorization 071
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.3
Excerpt: .... California courts have no inherent power to expand the methods of discovery beyond those authorized by the Discovery Act (San Diego Unified Port District vs. Douglas E. Barnhart, Inc. (2002) 95 Cal. App. 4th 1400, 1405). There is no authority within the Discovery Act for ordering a party to sign a release authorization for medical records, and none of the authorities relied on by defendant show otherwise:  CCP §128 lays out the Discovery Ac...
2018.4.3 Demurrer 518
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.3
Excerpt: ...the requisite specificity. Among other things, the Complaint fails to set forth any misrepresentations of material fact that were specifically made by Pool Route (and on what authority to bind the corporation) upon which Plaintiff relied when he entered into the Agreement. Further, Pool Route is not a party to the Agreement and is not a proper party to the third cause of action for breach of contract or the fourth cause of action for rescission. ...
2018.4.3 Demurrer 602
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.3
Excerpt: ...discrimination, harassment and retaliation with the DFEH on March 1, 2017. The Complaint alleges that the adverse employment actions occurred on or around February 14, 2017. The judicially noticeable documents show that Plaintiff filed his amended DFEH Complaint naming defendant Taft on February 28, 2018. Therefore, the amended complaint was untimely pursuant to Govt. Code §12960. Because the requirement that the DFEH complaint must state the na...
2018.4.3 Demurrer 851
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.3
Excerpt: ...b's (“Moreb”) First Amended Complaint. This Court sustained with leave to amend as to the 1st, 2nd, 4th, 5th , 6th, 9th and 10th causes of action for 1) Negligent Misrepresentation, 2) Promissory Estoppel, 4) Breach of Contract, 5) Violation of Civil Code §2923.55, 6) Violation of HBOR, 9) Cancellation of Instrument, and 10) Demand for Accounting. This Court sustained without leave to amend as to the 8th cause of action for Wrongful Foreclos...
2018.4.3 Motion for Judgment on the Pleadings 926
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.3
Excerpt: ...in the amount of $31,662.83 following a hearing before hearing Officer Rodell Frick. Petitioner then filed this writ under both CCP section 1085 and 1094.5 seeking “a Peremptory Writ of Administrative Mandamus or Mandate ordering Respondents to set aside Respondent Hearing Officer Fick's decision, or purported decision, allowing Respondent City of Coachella to seek $31,662.83 from Petitioner and issue a new order granting Petitioner's r...
2018.4.3 Motion to Compel Arbitration or Judicial Reference 058
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.3
Excerpt: ...efendant. Analysis: The plaintiffs do not dispute the existence or enforceability of the arbitration provision. Instead, they ask the Court to exercise its discretion to “refuse to enforce the arbitration agreement” when “a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party,” that other action arises out of the same transaction or series of related transactions as does...
2018.4.3 Motion to Expunge Lis Pendens 804
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.3
Excerpt: ...ard Meaning were criminally charged by the Riverside District Attorney on or about February 16, 2017 with several acts of bribery of Pougnet by Meaney in violation of Government Code §§1090 and 1092, including the sale of the Prairie Schooner Parcel by the City. The Complaint alleges that Defendant Meaney was at all relevant times “an agent, employee, officer, director, member, owner and/or shareholder of Defendants O&M, NEXUS and NDC.” Com...

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