Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

8739 Results

Location: Riverside x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 238))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 8400,25
Array
(
)
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 ...
2018.4.25 Motion to Compel Arbitration 318
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.25
Excerpt: ...) 212 Cal.App.4th 674, 676. Further, Defendants' argument that application of CCP § 1281.2 is barred by FAA is without merit. Nothing in the Arbitration Agreement indicates that it is governed by the FAA, much less subject to the FAA's procedural rules. See Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835, 840 (“The procedural aspects of the FAA do not apply in state court absent an express provision in the arbitrati...
2018.4.25 Demurrer 153
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.25
Excerpt: ...nts. Plaintiff's attorney Andrew J. Knez failed to respond to a letter inviting the required telephone meet and confer, and failed to provide any legal support for plot's position regarding her Complaint. The defendant who filed the demurrer and motion to strike is ordered to meet and confer in person or by telephone with the plaintiff who filed the complaint for the purpose of determining whether an agreement can be reached that would resolve th...
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 for Summary Adjudication 568
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.25
Excerpt: ...alid in California as the vehicle was purchased outside the State of California. Summary adjudication 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).) A party moving for summary judgment/adjudication 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 can...
2018.4.25 Motion for Summary Judgment, Adjudication 948
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.25
Excerpt: ...submission of new evidence (William Chu's declaration ¶¶ 28‐31). Second cause of action: The law of the case doctrine does not apply and Defendants failed to establish restitution is not applicable. Fourth cause of action: Defendants did not provide evidence that completely disposes of the entire cause of action. Fifth cause of action: Defendants failed to meet their initial burden. Sixth and seventh causes of action: There are triable issues...
2018.4.25 Motion to Bifurcate 202
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.25
Excerpt: ...fendant Red Mule Ranch, Inc. (“Ranch”). According to Defendants the accident occurred while Schriner was making a left hand turn and Waters attempted to pass him while he made the turn. Waters contends that Schriner made an improper left turn causing the collision. Defendants dispute that contention. The CHP officer investigating the accident determined that Waters made an unsafe attempt to pass the tractor and collided with the left front wh...
2018.4.25 Motion for Final Approval of Class Action 843
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.25
Excerpt: ...37. However, the plaintiff has now submitted a “second corrected proposed” order, which re‐inserts language to the effect that the participating class members are bound by sections 5.01, 5.02, and 5.05 of the agreement. Unless the Agreement has been modified since the version attached to the declaration of Benowitz filed 3‐7‐18, section 5.02 requires the class members to covenant not to sue the defendants. (Pg. 22, ll. 3‐4.) As pointe...
2018.4.25 Motion to Compel Deposition 130
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.25
Excerpt: ...romptly serving written objections. (Cal. Code Civ. Pro. §2025.410.) Plaintiff argues that Defendant's objections were not timely served. Pursuant to Cal. Code Civ. Pro. §2025.410(b), if an objection is made three calendar days before the deposition date, the objecting party shall make personal service of that objection. Defendant served its objections to the January 8 deposition on January 4. Therefore, the objection was not made three calenda...
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, 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 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 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 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. ...
2018.4.24 Demurrers 915
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.24
Excerpt: ...aintiff did not plead facts or circumstances that indicate exhaustion would be futile or that an administrative process under IDEA could not provide at least some of the remedies she is seeking. As to the seventh and eight causes of action, the Demurrers are SUSTAINED WITH LEAVE TO AMEND. Government Code section 910 et. seq., identifies several requirements for the contents of a government claim and procedures for filing the claim with a governme...
2018.4.24 Application for Right to Attach Order, Writ of Attachment 995
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.24
Excerpt: ...f $10,000.00 to be posted forthwith. Plaintiff to prepare the order and give notice. Defendant Mark Holt, M.D., Inc. signed two different promissory notes in favor of Plaintiffs Surender Vuthoori, M.D. and Surender Vuthoori, M.D., Inc. To secure payment of the Note Defendant executed Security Agreements. The Security Agreements executed to secure both notes covered all assets, including furniture, fixtures and equipment used in the business of De...
2018.4.24 Demurrer 497
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.24
Excerpt: ... Cal. App. 2d 910, 915.) “The allegation that a corporation is the alter ego of the individual stockholders is insufficient to justify the court in disregarding the corporate entity in the absence of allegations of facts from which it appears that justice cannot otherwise be accomplished.” (Leek v. Cooper (2011) 194 Cal. App. 4th 399, 414.) The allegation must “include facts showing a unity of interest and a resultant injustice, prerequisit...
2018.4.24 Motion for Preliminary Injunction 127
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.24
Excerpt: ...4th 453, 458.) Plaintiff is essentially asking the court to not enjoin any wrong actions by the Defendant to preserve the status quo, but rather, make a determination on the merits and award her full control of Defendant without a trial. This is not a proper preliminary injunction. Damages will not support an injunction, since an injunction is an equitable remedy which will not be granted if there is a remedy at law. (Department of Fish & Game v....
2018.4.24 Motion for Attorney's Fees 545
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.24
Excerpt: ... $2,452.15 for a total request of $36,412.15. A verified fee bill is prima facie evidence the costs, expenses, and services listed were necessarily incurred. (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Furthermore, a declaration attesting to the accuracy of the fee bill is presumed credible. (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396.) Civil Code section 1794(d) provides that “[i]f the b...
2018.4.24 Motion for Preliminary Approval of Class Action Settlement 754
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.24
Excerpt: ...Motion could have been denied at this time. Moving party to give notice. Much information is currently missing, it is difficult to determine whether the Settlement is fair and reasonable. Counsel does not explain the strength of the case and there are few factual allegations contained in the Complaint. Counsel does not provide estimates as to the maximum amount of damages and other relief the class could be awarded if they prevail at trial. Furth...
2018.4.24 Motion to File Compulsory Complaint 908
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.24
Excerpt: ... and Darryl Clare. Defendants failed to show that the filing of the cross‐complaint against such parties would be in the interest of justice. (CCP § 428.50(c).) ...
2018.4.24 Motion to Quash Subpoena 087
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.4.24
Excerpt: ...on, the vast majority of the documents that would be produced under these subpoenas are not relevant to this matter and protected by privilege. Personnel files from an individual's employer fall within a zone of privacy. Board of Trustees of Leland Stanford J. Univ. v. Sup. Ct. (1981) 119 Cal.App.3d 516, 528‐530. The accident in question occurred on 11/25/14. It is unclear why Defendants would need financial records that date back to 2004, when...
2018.4.23 Motion to Tax Costs 604
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.23
Excerpt: ...nder the circumstances of the case. “To be valid, a section 998 offer must be made in good faith, which requires that the offer of settlement be ‘realistically reasonable under the circumstances of the particular. . .'” A token or nominal offer made with no reasonable prospect of acceptance will not pass the good faith test. Page 2 of 2 “[W]hen a party obtains a judgment more favorable than its pretrial offer, [the offer] is presumed to h...
2018.4.23 Motion for Summary Judgment, Adjudication 262 (2)
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.23
Excerpt: ... Impac Funding's evidentiary objections are OVERRULED as immaterial. The Motion for Summary Judgment is GRANTED. Impac Funding meets its initial burden to demonstrate that Plaintiff's Loan was not table funded, and Plaintiff fails to raise a triable issue of fact as to whether the sale of his Loan was anything but a bona fide transaction. More importantly, even assuming that the Loan was part of a table‐funded transaction, there is no authority...
2018.4.23 Motion for Summary Judgment, Adjudication 262
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.23
Excerpt: ...rty to the first cause of action for cancellation of instruments. BANA has never had an interest in the Note and DOT and is not a successor to any instrument that Plaintiff seeks to cancel. See Miller & Starr, Cal. Real Estate (4th Ed. 2016), § 40:113; Lord v. Luse (1931) 214 Cal. 10, 11; Consolidated Concessions Co. v. McConnell (1919) 40 Cal.App. 443, 444‐45. Moreover, the entire basis for Plaintiff's cancellation claim – that Plaintiff's ...

8739 Results

Per page

Pages