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2018.4.20 Motion to Vacate Dismissal 364
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.20
Excerpt: ... inability to locate Beltz for service. Plaintiff states he has now been able to locate Beltz. Procedurally, this motion is improper per CCP 1005(b) since Beltz was not given notice. Plaintiff has acknowledged that defect and attempted to remedy it with a late service of FedEx mail and a request to continued. Substantively the motion is lacking in stating any legal authority, statutory or case law have would support a granting of the relief he se...
2018.4.20 Motion to Compel Further Responses 739
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.20
Excerpt: ... 10, 2018 regarding receipt of proper verifications. FedEx does not dispute receiving the supplemental responses, in Reply it asserts the verifications of Josephine and Raymond Ramirez are improper. CCP § 446 requires a party to state that the information is true of his own knowledge, except as to the matters which are therein stated on his or her information or belief, and as to those matters that he or she believes it to be true. The verificat...
2018.4.20 Motion for Preliminary Injunction 458
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.20
Excerpt: ...r § 2923.5(e)(1), but also that Plaintiff responded to Lewis's correspondence. Further, the factual basis for Plaintiff's contract‐based claims (second and third causes of action) is entirely inaccurate and ignores the salient provisions of the Note. Contrary to Plaintiff's argument, Lewis did not accelerate Plaintiff's loan; rather, as evidenced by the Notice, the loan fully matured and the final balloon payment had come due. Plaintiff's four...
2018.4.20 Ex Parte Hearing Re Trial Continuance 100
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.20
Excerpt: ... do not expect to be ready by that date, when would plaintiffs estimate that plaintiffs would be ready for trial? 4. Regarding the defendant's desire to move for a judgment on the pleadings based on the judgment in the Herpel case: a. Are the plaintiffs in this case in privity with the plaintiffs in Herpel, even though no class was every certified in Herpel? b. Do all of the plaintiffs in this action hold leasehold interests in the trust lands of...
2018.4.20 Motion to Set Aside Default 952
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.20
Excerpt: ... v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Where a party contends that a judgment is valid on its face but void for lack of proper service, it is similar to C.C.P. §473.5 relief, and must be sought within 2 years. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 181.) Based on the Declaration of defendant Veit, the presumption of valid service on defendant ORZ Corp., was rebutted. The Statement of Information which Plaintiff...
2018.4.19 Writ of Mandate 329
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.19
Excerpt: ... (“CPRA”), this code section provides that “state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the ...
2018.4.19 Demurrer 304
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.19
Excerpt: ... claim for recovery of medical expenses because he waived the claim by bringing the present action as the guardian ad litem for his son. Moving Defendant's request for judicial notice is granted pursuant to Evidence Code Section 452(c). Liability for medical care is not limited to medical doctors and that paragraph 5 of the complaint adequately alleges that those engaged in the practice of medicine and those providing healthcare failed to use the...
2018.4.19 Motion to Strike 304
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.19
Excerpt: ...tatus. Once the complaint is amended to reflect Burnett's true capacity, the additional generic references to “defendants” on pages 5, 6, and 7 of the complaint will be properly alleged. ...
2018.4.19 Demurrer 585
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.19
Excerpt: ...ined former defendant City of Moreno Valley's Demurrer to Plaintiff's Second Amended Complaint without leave to amend. The Court ruled that Plaintiffs did not sufficiently allege facts that could permit the finder of fact to conclude that the City's crosswalk was a dangerous condition of public property. The allegations of Plaintiffs' Third Amended Complaint do not add material or substantial facts which under which the finder of fact could now c...
2018.4.18 Motion to Strike 865
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.18
Excerpt: ... in the amount of $61,615 on 8/28/17. Thereafter, on 9/29/17 Jerome quitclaimed over real property located in Palm Desert in favor of himself as Trustee of the Dolores Adelman Separate Property Trust. Jerome has been named individually as a defendant as well as trustee. The transfer was allegedly made to defraud Ronald as judgment creditor; therefore the transfer should be void. Ronald asserts that these allegations are sufficient to support puni...
2018.4.18 Motion to Withdraw Admission, Modify Response 140
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.18
Excerpt: ...or Admissions (“RFAs”) and form interrogatories that addressed the identity of the party Oliver contracted with. Oliver responded specifically to several interrogatories that Oliver contracted with Jack's Body Works', Inc. and admitted in RFAs that Jack Jackson is not a party to the contract. Oliver now seeks to withdraw his admissions to RFAs Nos. 2, 3 and 4 and amend his interrogatory responses. For the following reasons, the motion is gran...
2018.4.18 Motion to Quash Subpoena 531
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.18
Excerpt: ..., even assuming that Autry could revoke or be entitled to a refund of her charitable donation (i.e., the $5,000), Plaintiffs offer no explanation as to how the banking records would demonstrate that her particular donation was misdirected or why Plaintiffs should be entitled to discover the personal banking information for Louise and Gentile. Lastly, Plaintiffs offer no explanation as to how the banking records will demonstrate the extent of dama...
2018.4.18 Motion to Expunge Lis Pendens, for Attorney's Fees 696
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.18
Excerpt: ...l Procedure section 1019.5, forthwith. The motion to expunge lis pendens was filed 1/12/18 and was set to be heard on 2/6/18. On 1/31/18 Plaintiff filed a notice of withdrawal of lis pendens and on 2/1/18 dismissed his complaint. Accordingly, the motion to expunge lis pendens is moot in light of the withdrawal of lis pendens. As to the request for attorney's fees and costs, Code of Civil Procedure section 405.38 provides that “the court shall d...
2018.4.18 Motion for Summary Judgment 824
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.4.18
Excerpt: .... There are triable issues of fact as to all causes of action and issues. See Plaintiff's Separate Statement. Defendant has not met his burden to show he owed no duty to the decedent under all the circumstances presented which may include recommending the number and type of lifeguards for a possibly district student function. . (Dailey v. Los Angeles Unified School Dist. (1970) 2 Cal.3d 741, 747.) Further, there are material questions of fact reg...
2018.4.18 Motion for Summary Judgment 237
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.18
Excerpt: ...mmary judgment as a matter of law. For the following reasons, the motion is denied: 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).) 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 est...
2018.4.18 Motion for Summary Judgment 093
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.18
Excerpt: ... crossdefendant in the ULMAN's cross‐complaint for Indemnity and Declaratory Relief, and thus has a stake in the outcome of this motion: if MAGNON would obtain judgment against plaintiff's claims, then POLYMER would have more exposure to liability in the ULMAN's Cross‐Complaint. Just because plaintiff chose not to oppose the motion does not mean that POLYMER must sit silently and allow MAGNON to obtain a judgment that will prevent POLYMER fro...
2018.4.18 Motion for Leave to Intervene 927
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.18
Excerpt: ...otion to include a copy of the proposed complaint in intervention. (§ 387, subd. (c).) Although the moving (and opposing) papers are voluminous, it does not appear that they include a copy of the proposed complaint in intervention. ...
2018.4.18 Motion for Discovery Sanctions 175
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.18
Excerpt: ... was corrected and clarified. (Dec.Dossey, ¶21, Exs. Page 3 of 3 “12”, “13”.) The parties have engaged in extensive meet and confer efforts, which led to Plaintiff correcting its responses. No discovery abuse has been established. As to the sanctions for Plaintiff's erroneous responses to RFAs. The statute contemplates having to prove the truth at trial, or in a dispositive motion for summary judgment. Neither situation has occurred here...
2018.4.17 Motion to Strike Costs 257
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.17
Excerpt: ...l amount of reduction is $4,607.15. Mr. Camarena's memorandum of costs was filed one day late. However, the Court exercises is broad discretion to allow relief from the late filed memorandum of costs because there is no showing of prejudice to Mr. Conkwright. (Hoover Cmty. Hotel Dev. Corp. v. Thomson (1985) 168 Cal.App.3d 485.) Filing Fees: The motion is denied as to these costs. Service of Process Costs: The motion is granted as to these costs o...
2018.4.17 Motion for Summary Judgment 114
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.4.17
Excerpt: ...of fact. Dr. Auerbach has submitted substantial evidence that he performed no dental work on plaintiff personally and never supervised or reviewed any such work and never met the plaintiff. The moving parties have submitted evidence that all work was performed by independent contractors who were licensed dentists. No evidence has been submitted that would make the corporation liable for the work of the independent contractors. Plaintiff has not s...
2018.4.2 Motion for Judgment on the Pleadings 882
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.2
Excerpt: ...ty to meet and confer with the opposing party before filing a motion for judgment on the pleadings. Page 2 of 2 This Court's CMO entered on February 28, 2018 requires the moving party to “strictly comply” with CCP § 439. (CMO, § B, ¶ 6.a.) The CMO further requires that declaration by the moving party describe the meet and confer efforts, including the date of the meeting, whether it was in person or by telephone, the persons involved, and ...
2018.4.2 Motion for Relief from Default 797
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.4.2
Excerpt: ...e to timely file case management conference statements. Defendant David Mount is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Page 2 of 2 Relief is mandatory. “(W)henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, (the court shall) ...
2018.4.2 Motion for Summary Judgment 550
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.4.2
Excerpt: ...demnity. The moving papers were untimely served on Defendants Mission Linen and Adam Hudson as they were required to be served on or before January 14, 2018, but were served via mail outside of California (adds 10 calendar days pursuant to Code of Civil Procedure section1005(b)) on January 9, 2018. Accordingly, service was deemed complete on January 19, 2018, which is less than 75 calendar days prior to the scheduled hearing date of April 2, 2018...
2018.4.2 Motion to Approve Settlement 523
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.2
Excerpt: ...¶ 5.b. of counsel's declaration does not explain the number of weeks during which the plaintiff was allegedly deprived of breaks. ¶ 5.c. does not explain the number of months in which she used her car. ¶ 5.d. does not explain the calculation of the value of that claim at all. 2. The declaration of counsel does not address E.5.a.(ii). 3. The declaration of counsel states that the defendant produced pay records for other relief sales representat...
2018.4.2 Motion to Stay Action 800
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.4.2
Excerpt: ...ect to a criminal proceeding; the privilege against self‐incrimination is personal to an individual criminal defendant and does not apply to co‐defendants in a civil action. See Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 886‐87. Further, an evaluation of the factors set forth in Avant! Corp. does not favor a stay: (1) Plaintiffs have a strong interest in proceeding expeditiously; (2) any threatened infringement on the privile...

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