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8739 Results

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2018.3.26 Motion for Approval of Class Action Settlement 927
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.26
Excerpt: ...ary approval on May 21, 2018, at 8:30 A.M. in this department. If a second motion is filed at least three court days before that date, the Court is likely to vacate that status conference. Page 3 of 7 Analysis: New Evidence With Reply New evidence is generally not permitted with reply papers. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537‐1538.) Plaintiff submits his declaration and deposition transcripts, as well as the supplemental declar...
2018.3.23 Motion to Set Aside Default, Judgment 863
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.23
Excerpt: ...Maher then took Wolcott's default on 09/28/2017. Default Judgment was entered on 1/15/2017. The motion is based upon the grounds that the default and default judgment were entered as result of Wolcott's excusable neglect. For the following reasons, the motion is denied: Wolcott has not shown that the default and default judgment were entered as result of his excusable neglect. Wolcott states that he did not file an answer because he thought that ...
2018.3.23 Motion for Judgment on the Pleadings 473
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.23
Excerpt: ... had moved out of his house after his mortgage lender threatened to foreclose, moved back into his house in September 2014 and expended funds to repair damages to his house that were made while the house was vacant based upon Ocwen's representation in April 2014 that Ocwen would consider his application for a loan modification. (TAC ¶¶ 56‐59.) The demurrer is based upon the grounds that the 2nd cause of action fails to state facts sufficient ...
2018.3.23 Motion for Attorneys' Fees 506
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.23
Excerpt: ...reponderance of the evidence that a defendant is liable for financial abuse of an elder, in addition to compensatory damages and all other remedies otherwise provided by law, the court shall award to plaintiff reasonable attorney's fees and costs. (Emphasis added.) This is a unilateral fee‐shifting provision under which fees may be awarded to a prevailing plaintiff but not a prevailing defendant in order to encourage the effective enforcement o...
2018.3.23 Motion for Attorneys' Fees 022
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.23
Excerpt: ...ned on a Motion for Judgment on the Pleadings. (The Court did note correspondence between Plaintiff and defendant Priamos concerning attorney's fees and that defendant Priamos filed the Motion to Dismiss after the correspondence.) A party who qualifies for a fee award should recover for all hours reasonably spent, including those spent on fee related matters unless special circumstances would render an award unjust. (Serrano v. Unruh (1982) 32 Ca...
2018.3.23 Motion to Tax Costs 022
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.23
Excerpt: ...ndant Priamos' and defendant Thorson's requests to apportion the remaining costs are DENIED. Item 1e, 1f and 1h‐ Fees Related to Pro Hac Vice Applications: Plaintiff failed to demonstrate, discuss, or explain why the skill and expertise of an out of state attorney were reasonably necessary to the litigation. Item 16a,16c and 16g‐ Mileage to Appear for Hearings and Courtcall: Plaintiff claimed $177 in fees as mileage for its attorney to appear...
2018.3.21 Motion to Quash Service, Set Aside Default 169
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.21
Excerpt: ...ns on the ground of lack of jurisdiction of the court over him or her. When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove the existence of jurisdiction by proving the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413.) In this case, the Summons and Complaint were served on August 1, 2017. The Page ...
2018.3.21 Motion to Compel Responses 179
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.21
Excerpt: ...rogatories 2 ‐ 15, 18 ‐ 20, 22 ‐ 25, 27 ‐ 28, and 31 ‐ 42. Sanctions in the amount of $100.00 are imposed against Plaintiff and shall be payable to Defendant within 30 days. Plaintiff's objections to the Special Interrogatories are largely without merit. With respect to each Special Interrogatory to which Plaintiff actually provided an answer in whole or part, the answer was preceded by the phrase, “to the extent it can be answered,�...
2018.3.21 Motion to Compel Arbitration, Strike Complaint 835
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.21
Excerpt: ... that the Opposition is untimely. The Court also notes that Defendant failed to comply with the meet and confer requirements under CCP § 435.5 prior to filing the motion. The hearing on the motion to strike was continued to 8:30 a.m. on April 20, 2018 in Department 7. Defendant is ordered to meet and confer with Plaintiff by phone or in person for the purpose of determining whether an agreement can be reached that would resolve the objections ra...
2018.3.21 Demurrer 076
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.21
Excerpt: ...ontract. Civil Code §1559 specifically allows a third party beneficiary to enforce the contract. 2COA (Elder Financial Abuse): The complaint only contains conclusory allegations. This COA requires factual allegations to support the assertions. Rice v. Clark (2002) 120 Cal.Rptr.2d 522, 527, as cited by the Plaintiff does not address pleading issues. 3COA (Fiduciary Duty): Plaintiffs fail to cite to any authority to support this assertion. 4COA (C...
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 ...
2018.3.20 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 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 Motion to Compel Responses 671
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.20
Excerpt: ...limit waives the right to compel a further response to the interrogatories. (CCP §§ 2030.300(c); see Vidal Sassoon, Inc. v. Sup.Ct. (Halpern) (1983) 147 Cal.App.3d 681, 685.) The 45‐day time limit is mandatory and “jurisdictional” (court has no authority to grant a late motion). (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410.) The 45‐day deadline runs from the date the verified response is served, not from the ...
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 Motion to Determine Good Faith Settlement 697
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.20
Excerpt: ... this litigation is something that would never have been in FCA's control – an aftermarket alteration. Finally, DCH and Wells Fargo correctly assert that a good faith settlement does not preclude their statutory indemnity cause of action under Civil Code §1792. ...
2018.3.20 Motion to Strike 684
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.20
Excerpt: ...g fee. C.C.P. §425.16 provides a summary procedure by which a defendant can dispose of a lawsuit brought primarily to chill the valid exercise of the constitutional rights of free speech and right to petition, at the pleading stage to avoid the cost and delay of lengthy litigation. Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 278. Anti‐SLAPP motions to strike have two prongs. First, the moving party must show that the anti‐S...
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 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...
2018.3.2 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...
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...

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