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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...
2018.3.29 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 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 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 Demurrer, Motion to Strike 482
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.29
Excerpt: ...continue the case management in this case, currently scheduled for 5‐9‐18, to 5‐10‐ 18, to coincide with the trial setting conference in the Garcia case. Any party wishing to oppose that order should appear on 3‐29‐18. Analysis: The demurrer is overruled because it does not dispose of the entire cause of action alleged. “No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing re...
2018.3.29 Demurrer 908
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.29
Excerpt: ...nt to Code of Civil Procedure section 1019.5, forthwith. On 10/24/17, Plaintiff James Foxx filed his complaint against Defendants Daniel Foxx, Jeff Curci, Bennion Deville Homes, Roseanne Foxx, D&R Foxx, Inc. and Sterling Ridge Lot 1, LLC alleging 15 causes of action. On 1/12/18, Plaintiff dismissed the 2nd and 9th causes of action, leaving the following 13 causes of action: 1) breach of contract, 3) declaratory relief, 4) breach of fiduciary duty...
2018.3.29 Demurrer 145
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.29
Excerpt: ...demarks on the part of defendant John Suhr. As to the 2nd and 3rd causes of action, the court rejects the argument that abuse of control and corporate waste cannot be asserted as separate breaches of fiduciary duty. As to the 5th cause of action, the FAC adequately states the basis for irreparable harm to support an injunction claim. Plaintiff alleges that defendant John Suhr has claimed ownership of the trademarks, has sought to license the trad...
2018.3.27 Motion for Summary Judgment, Adjudication 917
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.27
Excerpt: ...al argument, this court granted moving party leave to respond to Robledo's late filed declaration. In addition, the court allowed leave to file supplemental briefing on whether or not the contents of the declaration raised a triable issue of fact as to any of the causes of action. In addition, the court was going to further consider arguments of counsel concerning the Intentional Infliction of Emotional Distress (“IIED”) claim. In response, D...
2018.3.27 Demurrer 020
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.27
Excerpt: ...of Civil Procedure section 1019.5, forthwith. The First Amended Complaint (“FAC”) for: (1) fraud, (2) negligent misrepresentation, (3) breach of contract, (4) slander of title, (5) quiet title, (6) tortious interference with prospective business advantage, (7) unfair competition, (8) declaratory relief, (9) injunctive relief, (10) financial elder abuse, (11) tortious breach of the implied covenant of good faith and fair dealing and (12) contr...
2018.3.27 Demurrer 201
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.27
Excerpt: ... section 2966, 4) negligence, 5) accounting, and 6) unfair business practices. Thereafter, on 1/9/18 Plaintiffs filed a First Amended Complaint (“FAC”) alleging 8 causes of action, including the original 6 causes of action plus 7) intentional representation, and 8) negligent misrepresentation. Page 8 of 11 Defendant demurs asserting that the facts set forth in the original verified Complaint are distinctly different than those in the FAC and ...
2018.3.27 Demurrer 486
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.27
Excerpt: ...r. Thereafter, the demurring party must file a declaration demonstrating compliance with those provisions by describing “the means by which” the parties met and conferred. (§ 430.41, subd. (a)(3)(A).) The declaration of Wasser – which is identical for all three demurrers – does not describe the means by which she met and conferred with opposing counsel, or otherwise demonstrate compliance with the “in person or by telephone” requirem...
2018.3.27 Motion for Attorneys' Fees 161
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.27
Excerpt: ...pent on these particular motions and this case seems beyond reasonable when one returns to the subject matter of the litigation which, as far as the moving party, is a surrender of money with no claim. Also the number of attorneys working on the case seems high. However, to recognize the efforts of each attorney seems reasonable. Finally, the hourly rate seem reasonable. Therefore, the court reduces the fees to one‐half of the hours prayed for ...
2018.3.27 Motion to Compel Production 556
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.27
Excerpt: ...equest to only claimants in California and that are within the Defendant's database is most reasonable. Sanctions are not awarded because the initial RFP was not so narrowly tailored as that which resulted from the meet and confer process. ...
2018.3.27 Motion for Summary Judgment 923
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.27
Excerpt: ...is pervasive and seventh cause of action – whether there is extreme and outrageous conduct); denied as to the second, eighth and ninth causes of action on the grounds that Defendant has failed to meet its initial burden. First Cause of Action for Sexual Harassment: Plaintiff has provided sufficient evidence to establish a triable issue of material fact regarding this cause of action. She has provided evidence that over a two‐month period of t...
2018.3.27 Motion to Compel Further Responses 398
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.27
Excerpt: ... distributed by [Defendant].” The issue is “evidence, describe, refer, or relate” which is broad to encompass virtually any document—which Plaintiff never addressed in her separate statement or meet and confer In opposition, Defendant appears to have no issue with producing its Lemon Law policies, and Plaintiff failed to address why that is not sufficient. Nos. 23 (technical service bulletins) and 24 (recalls) for the type of car at issue...
2018.3.27 Motion to Strike 020
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.27
Excerpt: ... re: Alter ego, Indemnification, Emotional distress, Attorneys' Fees, Punitive Damages, UCL damages, Injunctive relief. For the following reasons, the motion is denied as to Alter ego, Indemnification, Emotional distress, Punitive Damages, Injunctive relief and granted without leave to amend as to Attorneys' fees and UCL damages. Alter ego‐As discussed in reference to the demurrer, Plaintiffs have alleged alter ego. Indemnification‐The Settle...
2018.3.27 Motion to Tax Costs 550
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.27
Excerpt: ...his court granted UPS summary judgment as to the Cross‐Complaints filed by Mission Linen, Adam Hudson and JFK Memorial as those cross complaint only sought indemnity, apportionment, contribution and declaratory Page 2 of 11 relief, none of which had merit in light of the court's ruling that UPS was entitled to summary judgment as to all causes of action in Navarro's Complaint. UPS filed identical memorandum of costs for $13,724.87 against Plain...
2018.3.26 Motion for Summary Judgment 547
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.26
Excerpt: ...sagree with one another. Their opinions are supported by Plaintiff's medical records. Hence, there are disputed material facts as to whether defendant Dr. Ha's actions fell below the applicable standard of care and whether that alleged failure to meet the applicable standard of care caused or contributed to Plaintiff's injuries. Plaintiff presented evidence (response to Form Interrogatory 2.6) that defendant Dr. Ha was an employee of defendant Ri...
2018.3.26 Motion for Judgment on the Pleadings 373
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.26
Excerpt: ... through illusory modification proposals in order to charge exorbitant processing and late fees. (FAC, ¶73.) This allegation arguably constitutes an unfair business practice. Although many of the other allegations are unclear or improper, Plaintiff has stated a cause of action based on this allegation. Although, Nationstar argues that Plaintiff does not have standing to bring a UCL cause of action because he was granted a loan modification and n...
2018.3.26 Motion for Leave to Intervene 503
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.26
Excerpt: ... declaration was actually filed with the motion. The only evidence in support of the motion is the declaration of Field filed with the reply. The Court will not consider that evidence, because the opposing parties have not had a chance to respond to or rebut it. Because this denial is not on the merits of the motion, it is without prejudice to the filing of a second motion that is supported by evidence. Alternatively, if the Field declaration was...
2018.3.26 Motion for Equitable Accounting 053
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.26
Excerpt: ..., memorandum of points and authorities, and exhibits filed on 1‐5‐18;  The defendant's opposition to the motion, and attached exhibits and transcripts, filed 1‐29‐18;  The declaration on behalf of defendant regarding the timeliness of that opposition, filed 1‐30‐18;  The plaintiff's reply, filed 2‐5‐18;  The declaration on behalf of plaintiff, filed 2‐9‐18;  The declaration of Sherise Histen filed 3‐12‐18. �...
2018.3.26 Motion to Compel Arbitration 198
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.26
Excerpt: ...nc., dba Paragon Schmid Building Products. Analysis: The arbitration provision in the contract between K. Hovnanian and BSG provides that the only disputes that must be arbitrated are disputes that arise “out of this Master Subcontract . . . , including disputes involving claims made by homebuyers, . . . which involve[] a matter with economic value in excess of the jurisdictional limit of a small claims court….” (See Exh. S to decl. of Josh...
2018.3.26 Peremptory Writ of Mandate 090
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.26
Excerpt: ...tired faculty member. There are no material facts are in dispute and the parties agree the petition raises a question of law. There is no administrative record. Request for Judicial Notice: The Request for Judicial Notice is granted pursuant to Evidence Code 452(b) and (c). “It is settled principle that administrative agencies have only such powers as have been conferred upon them, expressly or by implication, by constitution or statute.” (Fe...
2018.3.26 Petition for Ordering Reduced Voting Percentage 816
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.3.26
Excerpt: ...aring for 3/26/18. Opposition was to be filed on or before 3/13/18, and reply Page 2 of 3 on or before 3/19/18). The court's order also provided that all members were to be provided notice at least 20 days before the hearing either via e‐mail or first‐class mail, pursuant to Civil Code section 4040, based on each member's preferred method of communication. Although the court order provide 20 days' notice the code provides 15 days' notice whic...
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...

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