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2018.3.29 Motion for Relief from Waiver of Discovery 907
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.29
Excerpt: ...(CCP. §§2030.210, 2030.220, 2030.230 and 2030.240 for interrogatories and C.C.P. §§2031.210, 2031.220, 2031.230, 2031.240 and 2031.280 for request for production of documents); and (2) the party's failure to serve timely responses was due to mistake, inadvertence or excusable neglect. The discovery at issue in the motions to compel further responses contains objections, responses or a hybrid response with objection. An objection to an interro...
2018.3.29 Motion for Summary Judgment 823
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.29
Excerpt: ...disregarded. Lifschutz cites Code of Civil Procedure section 437c(b)(3) which sets forth that opposition paper requirements. While section 437c(b)(3) does not reference other facts that the opposing party believes are undisputed and material to the court's ruling, CRC, rule 3.1350(f)(3) provides that the content of the separate statement in opposition may include additional material facts pertinent to the disposition of the motion, which Page 2 o...
2018.3.29 Motion to Strike 482
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.29
Excerpt: ... irrelevant to the Court's analysis. The plaintiff alleges that the defendant violated Labor Code section 2802 by failing to reimburse travel expenses incurred for “pre‐employment drug testing and physical examination . . . .” Subdivision (a) of that section requires an employer to “indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, o...
2018.3.29 Preliminary Injunction 600
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.29
Excerpt: ...forcement Officer Marcella Villanueva: Overrule Objections to Paragraphs 5, 11, 12, 13, 20, 25, 27, 30, 32 and Exhibits F and K; Sustain Objections to Paragraphs 8, 15, 18, 19, 23, 28, 29, 31 and Exhibits C, G, I, L. As to the Declaration of attorney Nazik Hasan: Overrule Objections to Paragraphs 4, 11, 12, 13, 14, 18, and Exhibit A; Sustain Objections to Paragraph 9; and the Objection to Paragraph 17 is moot. Page 3 of 3 As to the Merits: The au...
2018.3.7 Motion for Final Approval of Class Action Settlement 873
Location: Riverside
Judge: Waters, Sharon
Hearing Date: 2018.3.7
Excerpt: ...pts to obtain preliminary approval. It appears the time spent preparing client for deposition may be excessive. The Court cannot determine how much time was spent for that activity because it is lumped in with time in connection with the mediation process. The Court requires further information on this activity. Additionally, counsel has not adequately explained why a 1.9 multiplier is reasonable. The Court needs further, more detailed informatio...
2018.3.7 Motion for Judgment on the Pleadings 171
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.7
Excerpt: .... The motion appears to be plaintiff's opposition to the motion for judgment on the pleadings. Even if consideration could be made of the motion, it does not contain a request for reconsideration of the ruling of December 8, 2017 under CCP 1008 nor does it seek a set a set aside of the ruling under CCP 473. ...
2018.3.7 Demurrer 116
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.7
Excerpt: ....” (Vournas v. Fidelity National Title Insurance (1999) 73 Cal. App. 4th 668, 677.) “The scope and nature of the trustee's duties are exclusively defined by the deed of trust and the governing statutes. No other common law duties exist.” (Kachlon v. Markowitz (2008) 168 Cal. App. 4th 316, 335.) The trustee acts at the direction of the original beneficiary or its assignee or that entity's agent. (Yvanova v. New Century Mortgage Corp....
2018.3.7 Demurrer 779
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.7
Excerpt: ....) Fourth Cause of Action (Declaratory Relief): A claim for declaratory relief requires a present controversy between the parties. None of the allegations in the First Amended Complaint challenge the validity of the Deed of Trust in favor of CommerceWest or state a basis for avoiding the Deed of Trust. Additionally, plaintiff Janaco cites no agreement or basis for the Court to substitute Janaco in place of defendant ZXCR as the obligor on the loa...
2018.3.7 Demurrer 618
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.7
Excerpt: ...s to orders, findings of action and judgments. (Ramsden v. Western Union (1977) 71 CA3d 873, 879. 2 nd Cause of Action for Breach of Lease: To state a cause of action for breach of contract, a party must establish: (1) the existence of a contract; (2) the party's performance or excuse of nonperformance; (3) the opposing party's breach; and (4) resulting damages. (Oasis West Realty v. Goldman (2011) 51 Cal. 4th 811, 822.) A contract will be enforc...
2018.3.7 Demurrer 551
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.7
Excerpt: ...ivil Procedure section 1019.5, forthwith. Defendant Duke Partners, LLC filed an Answer to the Second Amended Complaint (“SAC”) setting forth 12 affirmative defenses (“a/ds”). The demurrer is based upon the grounds each a/d fails to state a defense and is uncertain. For the following reasons, the demurrer is overruled as to the 1 st and 5th affirmative defenses; sustained with leave thirty (30) days to amend as to the 2nd through 4th affir...
2018.3.6 Motion to Vacate Judgment 376
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.6
Excerpt: ...473, subdivision (b) [6 months], subdivision (d) (2 years), or section 473.5 [2 years]. ...
2018.3.6 Motion to Strike 414
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.6
Excerpt: ...tion 425.16(e)(1)(2)(4) because the Complaint concerns an underlying action between the parties, Hudack v. Siggard, et al., Riverside Superior Court Case No. RIC 450529. Plaintiff fails to meet his burden on the second prong of the analysis. Plaintiff presents no admissible evidence or argument that he has a reasonable probability of prevailing on his contention that the Judgment in Hudack v. Siggard, et al., is void despite the finality of the j...
2018.3.6 Demurrer 077
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.6
Excerpt: ...nd in Flatley v. Mauro (2006) 39 Cal.4th 299 and its progeny. These cases have not required the exchange of money for the COA of Extortion. IIED: The extortion facts presented are sufficient to support this cause of action as well. Litigation Privilege: This is not applicable when the communication is not made in good faith. Here, Defendants threatened to report Plaintiff to the IRS and seek administrative and/or criminal penalties unless he succ...
2018.3.6 Motion to be Relieved as Counsel 168
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.6
Excerpt: ...oration. If true, how can that entity have a current address, as represented in the motion? And why should the Court believe that a dissolved corporation has an account manager, as claimed in the proof of service? The declaration and the proposed order both state that the case is stayed. That is true as to the prosecution of the case against Skypatrol, LLC, in light of the bankruptcy petition filed by Skypatrol in December of 2017. What is the ba...
2018.3.6 Demurrer 695
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.6
Excerpt: ...fendants are named on each cause of action. Each cause of action (or affirmative defense) should be separately stated, must be separately numbered, and must identify the parties asserting the claim and against whom it is asserted. CRC, rule 2.112. Thus, each separately stated cause of action should state: — its number (e.g., “FIRST CAUSE OF ACTION”); — the party asserting it if the complaint is filed on behalf of more than one plaintiff (...
2018.3.6 Motion to Dismiss 892
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.6
Excerpt: ...guments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” ([CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934—trial court not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”) ...
2018.3.6 Motion to Quash Subpoena 828
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.6
Excerpt: ... Declaration. There is no indication that District Attorney Hestrin possesses personal knowledge related to any events or issues raised in the Complaint. Any information regarding the criminal investigation which is the subject of the Motion to Quash, including the interview by Detective David Smith of Defendant Rosie Quintana on or about December 11, 2016, is protected and beyond the scope of discovery. (Cal. Code Civ. Pro. § 1987.1(a); 2017.01...
2018.3.5 Motion to Strike, Request for Attorney's Fees 925
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.5
Excerpt: ..., Salima Nurani, Kalab Honey and the Law Offices of Kalab Honey, PC. The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are De...
2018.3.5 Motion to Quash Deposition Subpoena, for Sanctions 958
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.5
Excerpt: ...Cross‐Defendant Stanton Place 2014, LLC is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs Goodell and Self Reliance, Inc. dismissed all causes of action. The CrossComplaint of Frederick Brillman against Goodell and Self Reliance, Inc. was also dismissed. Remaining are the Cross‐Complaint of Stanton Place 2014, LLC, First Amended Cross‐ Complaint of Luis Martin, Jr. and t...
2018.3.5 Motion to Confirm Arbitration Award, Enter Final Judgment 559
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.5
Excerpt: ...d be awarded anything on their claims. Defendants now move to have the Award confirmed and for the entry of final judgment in this matter. Page 2 of 9 Plaintiff asserts that the award should not be confirmed as it relates to one of the four findings made by the Arbitrator for the following reasons:  Arbitrator failed to fully review Plaintiff's brief and failed to understand some of the relevant issues, and that he failed to address any of the...
2018.3.5 Motion for Judgment on the Pleadings 106
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.5
Excerpt: ...l facilitate the presentation of all claims and defenses in the present action between the parties and will re‐open discovery in the event it is appropriate to do so. ...
2018.3.5 Motion for Final Approval of Settlement 460
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.5
Excerpt: ...e entered shortly. Analysis: On 1‐4‐18, the Court continued the hearing on the motion to allow the parties the opportunity to address a variety of questions and concerns posed by the Court in its tentative ruling. The supplemental documents submitted address some but not all of those concerns. To pick just some of the examples of concerns that are not resolved by the supplemental documents: 1. The Court informed the parties that it would not ...
2018.3.5 Demurrer 933
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.5
Excerpt: ...g his death in April 2017, his daughter, Patricia Yvonne Playan Leonel de Cervantes, filed a declaration stating that she was the proper person to maintain this action and substituted in as plaintiff because she was both the successor trustee to Marion's trust and the executor of his will. The Court sustained with leave to amend a demurrer to the Third Amended Complaint because there were no facts alleged that showed that Cervantes, who was named...
2018.3.5 Demurrer 551
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.5
Excerpt: ...ee's deed upon sale, (3) wrongful foreclosure, (4) quiet title, (5) slander of title, and (6) unfair competition is that Defendants' (“Ds' ”) foreclosure was based upon the alleged breach of a loan agreement that Plaintiff did not enter into. The demurrer is based upon the grounds that each cause of action (“c/a”) fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with lea...
2018.3.5 Motion to Discharge Peremptory Writ 572
Location: Riverside
Judge: Waters, Sharon
Hearing Date: 2018.3.5
Excerpt: ...the potential environmental impacts. In light of the new petitions that have been filed challenging the new FEIR, there is no reason for this Court is continue to retain jurisdiction. To the extent respondent and real party wish to assert that certain challenges made in the new petitions are barred by res judicata, they will have the right to make those claims in those cases. ...

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