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8651 Results

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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 8475,25
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2018.3.20 Motion for Relief from Default 039
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.20
Excerpt: ...iled this motion timely. This argument fails. The mandatory relief provisions of section 473(b) are in pertinent part as follows: “[T]he court shall, whenever 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, vacate any (1) resulting default entered by the clerk against his ...
2018.3.20 Demurrer 398
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.20
Excerpt: ... leave to amend. Plaintiffs plead ultimate facts to support their fourth and fifth cause of action for negligence and products liability. See CCP § 425.10; Doe v. City of Los Angeles (2007) 42 Cal.4th 53, 550; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872. However, the sixth cause of action for breach of warranties fails because there is no allegation that Corona sold the allegedly defective Tire to Decedent or Plain...
2018.3.20 Demurrer 152
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.20
Excerpt: ...g, LLC agreed “to provide Premier Passover with temporary Event and Banquet staff…” for a 7‐day Passover celebration at the Westin Mission Hills Resort in Rancho Mirage in April, 2014. (SAC, Exh. A; SAC ¶ 24.) Spherion alleges that Spherion is a partnership, that Defendants Barry and Simon Werner are the owners of D KMR Tours, D Baruch Erblich is the owner of Defendant Afikoman Tours, that all are partners in Premier Passover a partnersh...
2018.3.20 Demurrer 477
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.20
Excerpt: ...itle to Plaintiff's real and personal property through an alleged fraudulent investment scam. Demurring Defendant, 5AIF Sycamore 1, LLC (“5AIF”) loaned money that was used to purchase one of subject pieces of real Page 3 of 4 property, the Shadow Mountain property, and is named on and demurs to the 10th cause of action for false promise, 14th cause of action for declaratory relief, 15th cause of action to quiet title and 16th cause of action ...
2018.3.19 Motion to Compel Further Responses 213
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.19
Excerpt: ... resolved during the Court‐ordered meet and confer. A moving party must establish good cause justifying discovery. (Cal. Code Civ. Proc. §2031.310(b)(1).) To establish good cause, the moving party must demonstrate relevance and facts justifying discovery. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐ specific showing of relevance.” (TBG Insurance Services...
2018.3.19 Demurrer 823
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.3.19
Excerpt: ...an tube and that, instead, defendants' removed her right fallopian tube, causing her to have a second surgery to remove the left fallopian tube. Prevailing party to give notice. ...
2018.3.19 Motion for Bifurcation 746
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.19
Excerpt: ...r future based on the two‐year discretionary dismissal of a mechanics lien action, pursuant to Civil Code sections 8462 and 8554. Code of Civil Procedure section 1048(b) provides that the court may “in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy” order a separate trial of any issue. Plaintiff Orr Builders designed and completed the improvement to property, which is at...
2018.3.19 Demurrer, Motion to Strike 208
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.3.19
Excerpt: ...t time, she was put on inquiry notice that the Settlement Agreement was unenforceable and should have conducted a reasonable investigation as to the cause of her injury. Furthermore, Plaintiff had no reasonable expectation that Defendant would continue to represent her after she discovered that her appeal was denied. Representation in an unrelated matter, an isolated invoice in February 2016 for costs and expenses, and communications regarding th...
2018.3.16 Motion to Decree Performance 053
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.16
Excerpt: ...urately described the terms of the judgment and escrow instructions proposed by or otherwise agreeable to the defendant. When the defendant failed to appear on March 6, 2018, the Court ordered an OSC to be issued as to why sanctions should not be imposed for the failure to appear. However, the clerk mistakenly failed to issue that order. Accordingly, that hearing is vacated. However, the defense shall be prepared to explain why no appearance was ...
2018.3.16 Motion to Compel 584
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.16
Excerpt: ...it, or to produce for inspection any document or tangible thing described in the deposition notice. Plaintiff properly noticed the deposition are provided under the statute for dealership personnel (Custodian of Records, the PMQ, the Technicians and Service Advisors at the Perris Valley Chrysler Dealership – a total of 9 individuals). The Notice of Deposition(s) was served November 29, 2017 after an November 15, 2017 meet & confer letter. Defen...
2018.3.16 Demurrer 318
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.16
Excerpt: ...nd 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 the objections raised in the demurrer. As part of the meet and confer process, the defendant shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The plaintiff shall provide legal s...
2018.3.16 Motion to Terminate Sanctions 671
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.16
Excerpt: ...horized method of discovery or disobeying court orders to provide discovery. (Cal. Code Civ. Proc. §2023.010.) If a party fails to obey an order compelling answers to interrogatories, the court may impose a terminating sanction. (Cal. Code Civ. Proc. §2030.290(c).) The same is true for failure to obey a court order compelling the production of documents. (Cal. Code Civ. Proc. §2031.300(c).) Only two facts are absolutely prerequisite to imposit...
2018.3.16 Motion to Strike Anti-SLAPP 962
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.16
Excerpt: ...s GRANTED. Defendant has established that the acts that form the basis of Plaintiff's complaint were taken in furtherance of Conkwright's right to petition. Therefore, the burden shifts to Plaintiff to establish a probability of prevailing on the merits. Malicious Prosecution: First, Bosco appears to argue that the malicious prosecution applies to Conkwright's claims against Camarena by arguing that Conkwright shot at Camarena knowing that he was...
2018.3.16 Motion for Protective Order 584
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.16
Excerpt: ...ll experts allowed to be present. The court continued the hearing to March 15, 2018 as to whether Defendant is obligated to produce data and information obtained at the inspection, and set a briefing schedule. The vehicle inspection took place on March 8, 2018, as ordered by the court. Trial is currently set for March 29, 2018. Page 2 of 5 A party seeking a protective order must show good cause for issuance of the order by a preponderance of the ...
2018.3.16 Motion to Compel Deposition 584
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.16
Excerpt: ...n, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice. CCP §2025.230 authorizes the deposition of a person most knowledgeable (PMK). Plaintiff served Notice of Deposition (with Requests for Production of Documents) of Defendants' PMK on November 27, 2017. Despite requests from Plaintiff on November 27 and December 21, 2017 asking Defendants to provide alternative dates for the de...
2018.3.15 Motion for Judgment on the Pleadings 196
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.15
Excerpt: ...gligence per se provides that the negligence of a person is presumed if he violated a statute or regulation of a public entity, if the plaintiff's injury resulted from an occurrence that the regulation was designed to prevent, and if the person injured was within the class for whose protection the regulation was adopted. See Evid. Code § 669; Elsworth v. Beech Aircraft Corp. (1984) 37 Cal.3d 540, 544‐45. Plaintiffs adequately plead that Defend...
2018.3.15 Motion for Summary Judgment, Adjudication 917
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.15
Excerpt: ...ry adjudication as to the 4th and 5th causes of action. Defendants move the court for summary judgment, or in the alternative for summary adjudication, as to Plaintiff Rosario Robledo as to all causes of action. The undisputed material facts are as follows: Plaintiff Rosario Robledo (“Robledo”) was hired by Defendant DNS2 Management LLC (“DNS2”) on December 1, 2011 when DNS2 purchased La Quinta McDonald's #13695. (Decl. Stacey Shalhoub ¶...
2018.3.14 Motion to Strike Punitive Damages 371
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.14
Excerpt: ... 3 day notice to terminate the lease. On 8/13/17, while Peraza was still in possession of the premises Kogut changed the locks to the premises and prevented Peraza from accessing the premises. Kogut failed to provide an itemized statement and return of Peraza's deposit of $500. In addition, Kogut has failed and refused to return Peraza's personal property worth in excess of $8,000 located inside the premises. Defendant Connie Kogut moves the cour...
2018.3.14 Motion to Disqualify Counsel 650
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.14
Excerpt: ...the new client. California Rules of Professional Conduct, rule 3‐310(E). Plaintiff fails to indicate what this prior lawsuit was about and does not provide evidence that Mr. Larkin obtained any confidential information. Since there is no evidence to support a showing of conflict, this argument is not persuasive. Further, Plaintiff has failed to provide evidence that Mr. Larkin has intimidated or harassed witnesses. His declaration contains conc...
2018.3.2 Demurrer 121
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.3.2
Excerpt: ...ge of the peril to be apprehended, (2) actual or constructive knowledge that injury is probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to avoid the peril.” (Simmons v. Southern Pac. Transportation Co. (1976) 62 Cal.App.3d 341, 360.) Here, Plaintiff alleges that the Hendersons allowed their daughter to have a party while Allison was out of town and there was no adult supervision; knew and consented to S...
2018.3.2 Preliminary Injunction 871
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.2
Excerpt: ...n were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued.” [Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 749.) This test functions on a sliding scale, such that a greater showing on one factor will mean less is required on the other. (Butt v. State of Calif. (1992) 4 Cal.4th 668, 678.) The evidence supports that there is a likelihood of Plaintiff prevailing on t...
2018.3.2 Peremptory Writ of Mandate 608
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.2
Excerpt: ... 715.) Duran gave money and gifts to Chane and his brothers when they needed it, i.e., helped one of Chane's brothers through college. (AR 673.) Duran had been employed by the Employment Development Department as a Criminal Investigator. (AR 36.) He applied for emergency service retirement on 9/5/13, and retired on 11/1/13. (AR 36‐43.) He elected the “Option 1 Allowance” and designated Chase Billow (Chane's brother) as the beneficiary. (AR ...
2018.3.2 Motion to Tax Costs 053
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.2
Excerpt: ...thority, the court has no discretion to deny the enumerated allowable costs to the prevailing party. (Nelson v. Anderson (1999) 72 Cal. App. 111, 129.) Cal. Code Civ. Proc. § 1033.5 restricts allowable costs to those that are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (Cal Code Civ Proc § 1033.5(c)(2).) The statute does not indicate that only fees for successful motions ...
2018.3.2 Motion to Strike 121
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.3.2
Excerpt: ...es. (Ebaugh v. Rabkin (1972) 22 Cal.App.3d 891, 894‐895; Moody v. McDonald (1854) 4 Cal. 297, 299.) Thus, the motion to strike punitive damages in the 1st and 5th cause of action is granted, without leave to amend. The current definitions of “malice” and “oppression” were changed by the 1987 amendments to Civil Code §3294, to incorporate “despicable conduct.” The amendments narrowed the definitions so that punitive damages will onl...
2018.3.2 Motion to Consolidate 667
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.2
Excerpt: ... to eject Plaintiff from the property without first resolving whether Plaintiff is entitled to specific performance of the agreement between the parties, which would moot the unlawful detainer issues. Defendant contends that Plaintiff cannot prevail as her case is barred by the statute of limitations. However, Plaintiff has presented evidence that she continues to pay Defendant $780 a month. Further, Defendant admits there is no time for performa...

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